City Council fails to approve Amendment to Ordinance Prohibiting Flea Markets
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2015
The Eagle Pass City Council split 2 to 2 and failed to approve an Amendment to an Ordinance prohibiting Flea Markets in Zoning B-2 Areas (Central Business District) at its regular meeting held on Tuesday, October 6, 2015, deciding to bring the agenda item back in the future. The agenda item called for altering of an established ordinance by amending Section 9, B-2 (Central Business District) of Appendix A (Zoning Ordinance) of the Code of Ordinances of the City of Eagle Pass, Texas.
Mayor Pro-Tem Rudy Villalpando presided over the meeting as Mayor Ramsey English Cantu was absent from the meeting. Villalpando opened-up discussion on the agenda item.
Eagle Pass Planning Director Bryan Shea presented City Council with the logistics and summary as to what was to be amended and what areas were the ones that fall under the prohibition being sought in amending Section No.9 of the Zoning Ordinance, which deals with uses and permitted uses of properties within the City limits of Eagle Pass.
“We prepared an ordinance change, which by flea markets are not allowed in the B2 Zoning District. It went before the Zoning and Planning Commission and they approved the change and recommend that the city council adopt an ordinance prohibiting the establishment of flea market operations in the B2 Zoning District,” said City Planning Director Bryan Shea.
“We have 8 flea market operations currently, 6 on Ryan Street and 2 on Rio Grande Street. All those users would be grandfathered in,” added Shea.
If they use cease use of the property as a flea market for a period of a year, then the grand-fathered properties would lose their right to continue operating a flea market.
“Right now all the existing users would be allowed to continue,” Shea. Mayor Pro-Tem Villalpando questioned Shea if Mrs. McKnight’s new flea market would be included among the grand-fathered flea markets. Shea replied “Yes.”
Councilwoman Gloria E. Hernandez raised an important land use legal question concerning the proposed amendment to the Ordinance prohibiting Flea Markets to B-2 Zoning areas within the City limits. Hernandez asked Shea if all the proposed property owners affected by the amendment to the Ordinance had been notified about this new amendment and the City Council meeting. Shea replied “NO.” Hernandez added that since the proposed amendment under the B2 Zoning District Ordinance affected the land use of real property owners, that it would be best to notify them and hold a public hearing before approving any amendment.
“This is a change of land use. Was there any notice to the landowners or the people operating flea markets?” asked Hernandez.
“ No.” answered Shea.
“I’m not comfortable with not giving notice through a public hearing,” added Hernandez.
Interim City Manager Hector Chavez concurred with Councilwoman Hernandez, recommending that property owners be notified and a public hearing be held.
“I think it be a good idea to hold a public hearing on it and see what the public has to say,” said Chavez.
“It’s essential when we do something like this to let the people who are being affected know that we’re considering doing this,” said Hernandez.
Eagle Pass City Councilman Luis E. Sifuentes stated that the issue needed to be addressed in the appropriate manner and that the fact of the matter is that it is not in the best interest of the City to have a downtown area full of flea markets. “I agree, we don’t want to see flea markets in every corner because we’ve had couple of them pop up in the last two years and I’m sorry but they’re not pleasant to look at,” said Sifuentes.
After further discussion, Councilman Sifuentes motioned for the approval of the amendment to the Ordinance prohibiting flea markets and Councilwoman Yolanda P. Ramon seconded the motion.
Vlillalpando asked if there was any other discussion.
“I just want it to be on the record that this is a change of land use and proper notice has not been given as it is our duty to do so with the property owners,” noted Hernandez.
Mayor Pro-Tem Villalpando called the motion for a vote and Councilman Sifuentes and Councilwoman Ramon voted in favor while Councilwoman Hernandez and Mayor Pro-Tem Villalpando voted against the amendment to the Ordinance. The agenda item died on a split 2 to 2 vote. The City Council agreed to place it on their agenda in the future again.
The purpose of the amendment to the Ordinance is to prohibit new flea markets from opening in the downtown Eagle Pass section as well as in all B-2 Zoning Classification areas within the City of Eagle Pass after the ordinance passes.
