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Zoning Board of Adjustments Minutes - 05/17/1989Im M I N U T E S ZONING BOARD OF ADJUSTMENT May 17, 1989 PRESENT Richard Sutton, Chairman William Kidd, Vice Chairman Syd Litteken Bill Rowland * Members Richard Sutherland Edna Boren, Alternate #1 Burrell Lacey, Alternate #2 Carl Wilson, Alternate #3 Ron Buffum * Councilor , Roger McKinney, Director of Planning Jeanie Thompson, Assistant City Attorney Subir Mukerjee, Development Coordinator * City Staff Julie Black, Planner II Barbara Bridges, Recording Secretary ABSENT Harold Arnett, Alternate #4 * Member CALL TO ORDER The meeting was called to order by Chairman Sutton at 1:40 p.m. in the Auditorium. APPROVAL OF MINUTES The April 19, 1989 Minutes were approved as printed. BUSINESS ITEMS 1. V-87-06. Reconsideration of a variance request from Sec 4220 of the Zoning Ordinance to allow a carport to remain in the front setback area at 1606 Phoenix Drive Doug Baker, attorney, addressed the Board on this business item. He explained a conflict of interest has arisen, and he will no longer be able to represent Mrs. Padilla, the applicant. He there- fore requested a continuance until the July meeting in order to provide Mrs. Padilla the opportunity to engage another attorney. It was moved by Richard Sutherland, seconded by Bill Kidd, and carried unanimously by vote of Kidd, Sutherland, Rowland, Sutton and Litteken that the continuance be granted. 2. A-89-01. Administrative appeal to a conditional use permit requirement for a flea market and R.V. park in a General Commercial zone for properties located at 5401 Central Freeway and 2437 Missile Road Item No. 113 Page No. I Chairman Sutton explained to the audience that this appeal involves only the question of whether or not a conditional use permit is required for the proposed development. The City staff ++� has determined a conditional use permit would be required because the development will be an outdoor operation. The applicant maintains the use falls under the category of General Retail and/or Shopping Mall, and should therefore be a permitted use under Section 3470 of the Zoning Ordinance. Chairman Sutton called on the applicant and his attorney to address the Board first. They presented a video of the area involved, showing there would be no houses facing the development, and addressed the Board as follows: Ricardo Cantu, applicant_ I have been in business in Wichita Falls since 1981, and have received awards for my business and personal affiliations. I stand on my past record that this will be run as a first class operation, which will benefit hotels and related businesses in Wichita Falls. Bill Elder, attorney for Mr. Cantu We believe the following aspects of the ordinance show that the proposed development should be permitted under Section 3470: - The examples cited under the definition of Outdoor Entertain- ment/Recreation all refer to physical activities, whereas the pro- posed operation is for the selling of merchandise. Therefore, the use should be classified as general retail. - The definition of Outdoor Storage contains the phrase "in the same place for more than twenty-four hours." Since the merchan- dise must be protected, it will not be left out overnight; there- fore, the use does not fall within this definition. - Since the merchandise would be put up at night, the proposal more nearly meets the definition of Shopping Mall: "a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on -site." Therefore, this should be a permitted use. - Since the land use of Flea Market is not specifically cited, I "feel like the City is straining to put it under one of the conditional use categories, but it doesn't fit. If the ordinance is going to be restrictive, it should be spelled out." We feel that if a flea market is not listed under conditional uses, it should be a permitted use. Also, Mr. Cantu was originally advised there would be "no restric- tions" to developing a flea market. It was only after site plan review that "all of a sudden" he was advised a conditional use would be necessary. I have provided the City Attorney's office with a copy of a Minnesota court case, which ruled in favor of a flea market as a retail establishment. Item No. ►�.�.s Page No. 2. 114 Other participation in the public hearing was as follows: Teresa May, 2446 Reilly Who is supposed to be notified on this? I live within the area circled, but did not receive a notice. (Chairman Sutton referred Ms. May to the Planning staff.) Harold Hawkins, 5502 Hooper I was selected at a meeting last night to speak for all the resi- dents in this area. We oppose the intrusion of a flea market into our neighborhood. If we had known a flea market was a possibility in a General Commercial zone, we would have protested this desig- nation at the time the Zoning Ordinance was prepared. A flea market has different needs and different parking lots. For example, if as stated, there are 251 booths, approximately 500 parking spaces would be needed to accommodate the people operating the booths, for two vehicles, or 1 vehicle and a trailer per booth. A usual retail business does not have 500+ employees. We ask you "to rule in favor of the people," and realize this should be under Section 3480, as this is not a true retail operation. Alexander Morales, 5410 Dewey I feel that having a flea market up there is not going to help our neighborhood, what with the traffic coming in and strangers from different parts of town, and I ask that Mr. Cantu's request be denied. Charles Quinn, 5211 Dewey I think a flea market would detract from the neighborhood, and ask you to consider the property values. Also, Section 3460 states that businesses in a General Commercial zone should use site designs which have mutual benefit with other businesses in this area, and I think the flea market would conflict with this. I also think that since the flea market would be held over a weekend, it would be outdoor storage for more than 24 hours, and therefore should fall under Section 3480. I also ask that you consider the fact that the City Council has ruled that a flea market will require a conditional use permit in the future. Louis Esquibel, 1317 N. 6th Street I do believe that when he puts up a flea market it would be a first class operation, which will bring added money for the economy. James Vercher, 15 Anita Lane There could not be enough room for parking; therefore, I think cars will be crowding onto the freeway. Also, if these people are coming from as far away as California, they would not be able to bring everything every time, so there will have to be warehousing, which is a conditional use. Another point to consider is that a permitted business usually has employees from the surrounding community, whereas they have stated these people will come from "all over the nation or state." Item No. Mwu Page No. -S_ 115 Jim Ashmore, 5517 Lucky Lane The purpose of the conditional use procedure is to determine if it would promote the health, safety, and welfare of the community, or would have unfavorable impacts. I think it is very clear this does not fall under a permitted use, but is a conditional use. Thomas Taylor I looked all over Wichita Falls before deciding to stay close to the Base, and if I had known a flea market with all the traffic, etc. could be located there I would not have purchased that prop- erty. During discussion by the Board, Chairman Sutton stated that in order for Mr. Cantu to appeal, it is incumbent on him to show that his proposal falls within the permitted uses. Mr. Sutton's opinion was that the applicant could not show that the intended use would fall in the categories cited of General Retail or Shopping Mall, by virtue of the recreational vehicles used overnight by the people conducting the flea market. Richard Sutherland agreed with the Chairman, further stating that if the use is not a permitted or conditional use in the ordinance, it is implicitly prohibited. Also, if a use is not specifically listed, and it is a matter if interpretation, the Purpose section of the Conditional Use Procedure should be taken into account, which reads: "to allow for review of uses which would not be appropriate generally or without certain restrictions .... intended to allow broad public review and evaluation of the proposed development and to insure adequate mitigation of potentially unfavorable impacts." Therefore, Mr. Sutherland's opinion was that the applicant should apply for a conditional use permit, and moved that the administrative appeal be denied for the reasons stated. The motion was seconded by Bill Rowland, and passed unanimously by vote of Rowland, Kidd, Sutherland, Litteken and Sutton. The meeting adjourned at 2:45 p.m. Rich rd N. Sutton, Chairman Date Item No. min Page No. _ 116