• Like
June 18, 2013 Agenda packet
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

June 18, 2013 Agenda packet

  • 526 views
Published

 

  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
526
On SlideShare
0
From Embeds
0
Number of Embeds
1

Actions

Shares
Downloads
6
Comments
0
Likes
0

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. City Council Agenda Page 1 of 5 June 18, 2013NOTICE OF A PUBLIC MEETINGAN AGENDA OF A REGULAR MEETING OF THE CITY COUNCILTHE CITY OF SAN ANGELO, TEXAS9:00 A.M. - Tuesday, June 18, 2013McNease Convention Center, South Meeting Room500 Rio Concho DriveSan Angelo, TX 76903THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 208, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. everyday for two weeks beginning on the Thursday after each meeting.As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”Thank You!I. OPEN SESSION (9:00 A.M.)A. Call to OrderB. Prayer and PledgeC. Proclamation“Small Business Week”, week of June 17-21, 2013, to be accepted by Dave Erickson, Small BusinessDevelopment Center DirectorD. Recognitions“Monte Maxwell”, Organist, United States Naval Academy, Performing at the First Christian Church,Thursday, June 20, 2014 at 7:00 p.m.Texas Association of Municipal Information Officers State Conference on June 7 awarded to the PublicInformation Office for Best Use of Social Media, 2ndPlace, and Best Media Relations, 3rdPlaceE. Public CommentThe Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agendaitem will be taken at its appropriate discussion. Public input on an item not on the Agenda or ConsentAgenda may be identified and requested for consideration by the Council at this time. The Council mayrequest an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the RegularAgenda for public comment.II. CONSENT AGENDA1. Consideration of approving the June 4, 2013 City Council Regular meeting minutes2. Consideration of adopting a Resolution authorizing the City Manager to execute a contract withthe San Angelo Cultural Affairs Council (SACAC) for the provision of programs whichencourage, develop, promote and improve educational and cultural opportunities in thecommunity, provide programs which encourage participation and appreciation of the arts, andprovide for the administration of subgrants to qualifying organizations, through funding allocated
  • 2. City Council Agenda Page 2 of 5 June 18, 2013from city hotel occupancy tax revenue; and providing for an effective date (submitted by AssistantCity Manager/Chief Financial Officer Michael Dane)3. Consideration of adopting a Resolution authorizing applicant, Specialty Sports, Inc., DBA Ski SkellerSports, to hold a special event at Lake Nasworthy known as “Wake the Desert”; permitting specifiedactivities; imposing requirements on applicant; and granting variances relating to rules and regulationsof Lake Nasworthy, Park Ordinances and the City’s Noise Ordinance (Submitted by Civic EventsManager Angelica Pena)4. Consideration of approving a Recreational or Agricultural Lease Agreement (Price) for 2.616 acres ofland located adjacent to the lake or river and authorizing the City Manager or Water Utilities Directorto execute the same (submitted by Water Utilities Director Ricky Dickson)5. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”(Zoning Ordinance) of the Code of Ordinances, City of San AngeloZ13-17: P.V. McMinn, Jr.AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner ofthe intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies theClar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoningclassification from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and TownhouseResidential (RS-3) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY6. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”(Zoning Ordinance) of the Code of Ordinances, City of San AngeloZ 13-18: Loren EdwardsAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 4398 Jackrabbit Trail; located approximately 1,390 feetsoutheast from the intersection at Jackrabbit Trail and South Chadbourne Street; property specificallyoccupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changingthe zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY7. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”(Zoning Ordinance) of the Code of Ordinances, City of San AngeloZ 13-12: NE Interests- Charlie NicholasAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed tract of land; specifically occupying 15.00acres of land out of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies aproposed Final Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest SanAngelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise MultifamilyResidential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
  • 3. City Council Agenda Page 3 of 5 June 18, 20138. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”(Zoning Ordinance) of the Code of Ordinances, City of San AngeloZ13-16: OK Holdings, LLCAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feetnorthwest of the intersection of Link Road and Christoval Road. This property specifically occupiesthe Concho River Estates, proposed Lot 35B, in southern San Angelo, changing the zoningclassification from Heavy Commercial (CH) to Office Warehouse (OW) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTY9. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”(Zoning Ordinance) of the Code of Ordinances, City of San AngeloZ 13-19: Rocky SpoontsAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 815 South Abe Street, located on the northwest corner of theintersection of South Abe Street and West Washington Avenue. This property specifically occupiesthe Park Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-FamilyResidential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY ANDPROVIDING A PENALTY10. Second Hearing and consideration of adopting an Ordinance authorizing abandonment of public right-of-way for Ellis Street extending approximately 315’ east/westward between Blocks 5 & 6 of theEastland Heights Addition, immediately adjacent to property owned by a railroad company in northcentral San AngeloAN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THEFOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimprovedpublic right-of-way for Ellis Street, extending approximately 315’ eastward between Blocks 5 & 6 ofthe Eastland Heights Addition, immediately adjacent to property owned by a railroad company innorth central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTINGPROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OFABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTEAND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERSIII. REGULAR AGENDA:F. EXECUTIVE/CLOSED SESSIONExecutive Session under the provision of Government Code, Title 5. Open Government; Ethics, SubtitleA. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement thatMeetings be Open under the following sections:• Section 551.072 to deliberate the purchase, exchange, lease, or value of real property• Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to thegovernmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar ofTexas clearly conflicts with this chapter
  • 4. City Council Agenda Page 4 of 5 June 18, 2013G. PUBLIC HEARING AND COMMENT11. Consideration of adopting a Resolution authorizing the renaming “Rio Vista Park” located at the 2700block of Ben Ficklin Road as “Jaime Padron Memorial Park”, in honor of Jaime Padron, pursuant tothe recommendation of the City of San Angelo Parks and Recreation Advisory Board(Presentation by Parks and Recreation Director Carl White)12. Consideration of approving an amendment to Vision Plan Component of the San AngeloComprehensive Plan update adopted in 2009, specifically properties situated south and east from theintersection of Dan Hanks Lane and South Chadbourne Street and extending eastward on the southside of South Chadbourne Street, continuing to Old Eola Road, then southwards along South Loop306, encompassing the existing city limits and properties situated just outside the current city limits inthe far southeast portion of San Angelo(Presentation by Interim Senior Planner Jeff Hintz)13. Public Hearing to receive public comments for and against annexation of certain properties situatedimmediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extendingnorthwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the CityLimits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two(Presentation by Interim Director of Development Services AJ Fawver)14. Public Hearing to receive citizen input on requested projects to be considered for funding with GrantYear 2013 Community Development Block Grant and HOME Investment Partnerships Grant fundsfrom the U.S. Department of Housing and Urban Development and discussion and deliberation onfunding allocations for said funds(Presentation by Neighborhood and Family Services Director Bob Salas)15. Discussion on City of San Angelo Code of Ordinances Sec. 8.105: Noise From a Motor Vehicleregarding enforcement measures of loud stereo music emitting from vehicles(Requested by Councilmember Silvas and presentation by Police Chief Tim Vasquez)16. Discussion and possible action regarding the Fiscal Year 2013-2014 Budget preparation(Presentation by Budget Manager Morgan Chegwidden)17. Update and presentation regarding the Hickory Aquifer Water Supply Project(Presentation by Water Utilities Director Ricky Dickson)18. Update and presentation regarding the status and progress of the Housing Committee andsubcommittees in reference to Multi-Family Living, Single Family Living, and Temporary Housing inthe form of Campgrounds/RV Parks and Extended Stay situations as directed by City Council at theApril 2, 2013 Joint Session with the Planning Commission(Presentation by City Manager Daniel Valenzuela and Assistant City Manager/Chief Financial OfficerMichael Dane)H. FOLLOW UP AND ADMINISTRATIVE ISSUES19. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed20. Consideration of approving a Board nomination by Council and designated Councilmember:a. Planning Commission: Mark Crisp (SMD2) to an unexpired January 201421. Announcements and consideration of Future Agenda ItemsSpecial City Council Meeting on June 25, 2013 at 9:00 A.M.
  • 5. City Council Agenda Page 5 of 5 June 18, 201322. AdjournmentThe City Council reserves the right to consider business out of the posted order, and at any time during themeeting, reserves the right to adjourn into executive session on any of the above posted agenda items whichare not listed as executive session items and which qualify to be discussed in closed session under Chapter 551of the Texas Government Code.Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter551, Tuesday, June 11, 2013, at 5:00 P.M./s/________________________Alicia Ramirez, City Clerk
  • 6. For immediate releaseJune 12, 2013City’s Public Information Officewins 2 statewide awardsThe City of San Angelo’s Public Information Office won two statewide awards for its useof social media and its working relationship with the media at the annual conference ofthe Texas Association of Municipal Information Officers on June 7.San Angelo garnered a second-place trophy for Best Use of Social Media, finishingbehind the City of Austin’s Twitter feed, and a third-place award for Best MediaRelations, topped by only Austin and Temple.“Brian Groves, our multimedia coordinator, and I were pleased to be recognized by ourpeers statewide,” Public Information Officer Anthony Wilson said. “Even more excitingwere the many ideas we returned home with regarding how we can better and moreproactively communicate with our citizens.”The City Council will recognize the achievement at its June 18 meeting.Social media has increasingly become an important communication tool for the City ofSan Angelo, which has a Facebook page (facebook.com/CityofSanAngeloTexas) withmore than 7,800 followers, a Twitter account (@CityofSanAngelo) with nearly 1,500followers, and a YouTube channel (youtube.com/CityofSanAngeloTx) with more than410,000 views. San Angelo’s Facebook following is greater than that of the cities ofAustin, Dallas, Fort Worth, El Paso and Arlington.The City’s Public Information Office has managed to cultivate its social media followingwith only two employees – one of the smallest staffs represented at the TAMIOconference.TAMIO’s awards competition attracted more than 180 entries across 24 categories. Anaffiliate of the Texas Municipal League, TAMIO provides professional development forpublic information officers and promotes an active cooperation and an exchange ofinformation and ideas among its membership.###Public Information DivisionAnthony Wilson, Public Information Officer72 W. College Ave. Office: 325.481.2727 Cell: 325.234.0014anthony.wilson@cosatx.us
  • 7. P R O C L A M A T I O NWHEREAS, Monte Maxwell, Chapel Organist, Director of Chapel Music andthe Midshipmen Symphony Orchestra, began his service at theUnited States Naval Academy in 1997; andWHEREAS, Mr. Maxwell, a native of San Angelo, Texas, earned his Bachelorof Music Degree from Texas Christian University, Fort Worth,studying with Emmet G. Smith; then invited to study at the CurtisInstitute of Music with John Weaver where he received an ArtistDiploma, Curtis highest degree; and earned his Master of MusicDegree from the Juilliard School of Music in New York City, alsostudying with John Weaver; and while studying in Philadelphia,Mr. Maxwell was an Associate Organist at the John WanamakerStore, playing the famed six-manual organ, the largest playingorgan in the world; andWHEREAS, At the Naval Academy, Mr. Maxwell serves as the principalorganist for the Protestant and Catholic services as well asplaying for weddings, memorial services, funerals, andperformances throughout the year; andWHEREAS, Mr. Maxwell will be performing at the First Christian Church onThursday, June 20, 2013, at 7:00 P.M.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalfof the City Council, do hereby recognize and applaud“Monte Maxwell”for his dedicated commitment and offering of artistic gift to all of San Angelo and thesurrounding community.IN WITNESS WHEREOF, I have hereuntoset my hand and caused the Seal of the City tobe affixed this 20thday of June, 2013.THE CITY OF SAN ANGELO___________________________Charlotte FarmerMayor Pro Tempore
  • 8. PROCLAMATIONWHEREAS, Small business owners are dynamic people with new innovations and ideasbuilding America’s future. There are approximately 27.9 million small businessesin America today, which have created up to 64% of net new jobs in the country,make up 98% of all U.S. exporters, and with their innovation, creativity andability to bring new products to market quickly, small businesses are theshowstoppers of the national economy; andWHEREAS, Small businesses make a tremendous contribution to our nation’s economic well-being and overall quality of life. Small businesses, which represent about half of theprivate-sector economy and more than 99 percent of all businesses, were at the core ofexpansion, which saw output, business income, and profits rise while businessbankruptcies and unemployment declined. The San Angelo small businesscommunity continues to help strengthen the overall economy, and provide jobopportunities; andWHEREAS, “National Small Business Week 2013” provides an opportunity to recognizeexcellence in entrepreneurship and to salute and honor the accomplishments ofsmall business owners.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of theCity Council, do hereby proclaim the week of June 17-21, 2013 as“SMALL BUSINESS WEEK”throughout the City, and urge all citizens to join in saluting all of our City’s small businessowners, while acknowledging that our nation’s economic engines are fueled by the hard work,determination and ingenuity of America’s entrepreneurs.IN WITNESS WHEREOF, I havehereunto set my hand and caused theSeal of the City to be affixed this18thday of June, 2013.THE CITY OF SAN ANGELO______________________________Charlotte FarmerMayor Pro Tempore
  • 9. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 565Tuesday, June 4, 2013 Vol. 104OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:02 A.M., Tuesday, June 4, 2013, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit:Mayor, Alvin NewCouncilmember Paul AlexanderCouncilmember Marty SelfCouncilmember Johnny SilvasCouncilmember Don VardemanCouncilmember Kendall HirschfeldCouncilmember Charlotte Farmerwere present and acting, thus constituting a quorum. Whereupon, the following business was transacted:An invocation was given by Councilmember Farmer and pledge was led by Hannah Robinson, 5thGrader atCornerstone Christian School.PROCLAMATIONS AND RECOGNITIONSMr. & Mrs. Bennie Jackson, July 13, 2013, 50th Wedding Anniversary, will be presented to Mrs. BennieJackson.The City of San Angelo Finance/Budget Division for receiving the Government Finance Officers Association’s(GFOA) Distinguished Budget Presentation Award, to be accepted by Budget Manager Morgan Chegwidden,and Senior Budget Analyst Laura Brooks.PUBLIC COMMENTPublic comments were made by Citizen Jim Turner regarding the City’s website address and related changes.He also expressed his concerns on how information is released and displayed to the public.CONSENT AGENDAAPPROVAL OF THE MAY 21, 2013 CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BID(S) AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARYRELATED DOCUMENTS:TR-01-13: Traffic Signs and Blanks; Vulcan Signs (Foley, AL) primary supplier, and Safeway Signs(Adelanto, CA) or Pathmark Traffic Products (San Marcos, TX) alternate suppliers, $35,000.00VM-05-13: Auto Body Repair Service; Santellano’s Collision, Pardner’s Body Shop, Shirley Auto Repair,Hargraves’ Truck and Equipment, J&T’s Welding, and Century Trailer (all from San Angelo, TX); $75,000.00WU-11-13: Water Utilities Inventory Supplies, Benmark Supply (Midland, TX), HD SupplyWaterworks (SanAngelo, TX), Morrison Supply(San Angelo, TX), and Western Industrial Supply(Odessa, TX), Various QuotesCONSIDERATION OF AWARDING BID ES-02-13 FOR THE 2013 MILL & OVERLAY PROJECT TOREECE ALBERT, INC. (SAN ANGELO, TX), IN SUBSTANTIALLY THE ATTACHED FORM, IN THE
  • 10. Page 566 MinutesVol. 104 June 4, 2013AMOUNT OF $1,319,556.23, AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATEDDOCUMENTS (DISCUSSED IN REGULAR AGENDA)ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE(QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SANANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSUREJUDGMENT OR TAX WARRANT: (Page 575, #2013-06-082)28 W 13th Street, (Jones), Lot 14 & W 25 of 15, Block 61, Miles Addition, $4,200, Suit No. B-99-0038-TNext to 2002 Brown Street, (Orona), N 75’ of Lot 11, Block 2, Home Acres, $1,200, Suit No. B-07-0113-T21 W 9th Street, (DeLaughter), Lot 6, Block 30, Miles, $1,500, Suit No. B-96-0220-T25 W 9th Street, (DeLaughter), Lot 7, Block 30, Miles, $1,500, Suit No. B-96-0203-TADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND CONTRACT FOR, ANDACCEPTING, IF AWARDED, ADDITIONAL FY2014 TEXAS DEPARTMENT OF STATE HEALTHSERVICES, REGIONAL LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICES(LPHS) GRANT FUNDS IN THE AMOUNT OF $20,000.00, TO ADDRESS PUBLIC HEALTHIMMUNIZATION AND DISEASE PREVENTION ACTIVITIES AND SERVICES (Page 577, #2013-06-083)ADOPTION OF A RESOLUTION AUTHORIZING THE RELEASE OF AN EAST/WEST RUNNINGUTILITY EASEMENT IN THE BLUFFS ADDITION, THIRD REPLAT IN SECTION 28, BLOCK 44,TRACT H, BEING LOT 1A IN SOUTHWEST SAN ANGELO (Page 579, #2013-06-084)CONSIDERATION OF APPROVING THE PARKS AND RECREATION ADVISORY BOARD’SRECOMMENDATION TO WAIVE FEES FOR THE TEXAS WEST LITTLE LEAGUE STATETOURNAMENT, JULY 5-7, 2013 AND JULY 18-21, 2013 AT THE TEXAS BANK SPORTS COMPLEX.(DISCUSSED IN REGULAR AGENDA)APPROVAL OF VARIANCES TO THE CITY CODE FOR THE 7THANNUAL DRAG BOAT RACES ONJUNE 21-23, 2013, AT LAKE NASWORTHYADOPTION OF A RESOLUTION BY THE CITY OF SAN ANGLEO, TEXAS (“CITY”), APPROVINGAND ADOPTING RATE SCHEDULE “RRM – RATE REVIEW MECHANISM” FOR ATMOS ENERGYCORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME ASSPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THATTHIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXASOPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; MAKING OTHER FINDINGS ANDPROVISIONS RELATED TO THE SUBJECT; AND REQUIRING DELIVERY OF THIS RESOLUTION TOTHE COMPANY (Page 581, #2013-06-085)ADOPTION OF A RESOLUTION APPOINTING ELECTION OFFICIALS FOR THE RUNOFF ELECTIONTO BE HELD ON JUNE 15, 2013; AND PROVIDING FOR AN EFFECTIVE DATE (Page 585, #2013-06-086)SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGETFOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS (Page 589, #2013-06-087)AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS,INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS
  • 11. Minutes Page 567June 4, 2013 Vol. 104Motion, to approve the Consent Agenda, as presented, with the exception of BID ES-02-13 and Parks andRecreation Advisory Board’s Recommendation, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTAWARD OF BID ES-02-13 FOR THE 2013 MILL & OVERLAY PROJECT TO REECE ALBERT, INC.(SAN ANGELO, TX), IN SUBSTANTIALLY THE ATTACHED FORM, IN THE AMOUNT OF$1,319,556.23, AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED DOCUMENTSInterim City Engineer Tim Wolff presented background information and explained the mill and overlayprocessand named the streets considered under the bid project.Motion, to award the bid, as presented, was made by Councilmember Alexander and seconded byCouncilmember Farmer. Motion carried unanimouslyDENIAL OF THE PARKS AND RECREATION ADVISORY BOARD’S RECOMMENDATION TOWAIVE FEES FOR THE TEXAS WEST LITTLE LEAGUE STATE TOURNAMENT, JULY 5-7, 2013 ANDJULY 18-21, 2013 AT THE TEXAS BANK SPORTS COMPLEX; AND DIRECTION FOR STAFF TOESTABLISH CRITERIA GUIDELINES FOR FUTURE REQUESTSRecreation Manager Maryann Vasquez presented background information and informed the variances werebased on economic impact in comparison to the fees that would be assessed. General discussion was held onthe economic impact of the event, the precedence may be created by this approval, the probabilityto continue tohost future tournaments, the possibly of offering sign-on bonuses for future tournaments, the profits to the entityafter receiving in-kind services, and forgoing the City’s percentage on the concessionaire services.Further discussion was held with Parks and Recreation Board Chairperson AJ Turner regarding the Conventionand Visitor’s Bureau Sports Board and their support of the proposal.City Manager Daniel Valenzuela suggested staff establish a criterion for future requests.Motion, to approve the recommendation for $14,618.75, as presented, was made byCouncilmember Silvas andseconded by Councilmember Hirschfeld. AYE: Silvas and Hirschfeld. NAY: New, Self, Alexander, andFarmer. Motion failed 2-4.Mayor New commented on the City’s investments on the complex, the need to generate revenue to support thevenue, setting a negative precedence, and establishing a set of guidelines on such requests.Responding to a question from Councilmember Silvas, Ms. Vasquez stated the tournament is set and posted ontheir website.Responding to a question from Councilmember Hirschfeld, Ms. Vasquez stated the agreed upon commitmentsincluded assistance with the mounds, number of motel rooms, number of volunteers to work tournament, vendorfee (CVB money), and concessions. He recommended approving what was negotiated.Ms. Vasquez informed the following was not included in initial negotiations:Field rental = $3,493.75 17 fields of varying numbers over 4 days)Field Services = 4,800.00 4 people x $20/hour x 60 hours)Gate Fees = $2400.00 If gate is charged; fees applicable 4 gates x $150 x 4 days20% Concessions RevenueRestroom Service = $525.00 1 person at $15/hour x 35 hours) request exclusion of this item.Responding to a question from Councilmember Farmer, Ms. Vasquez stated the street closure was requesteddue to tournament sponsors charging for parking, including two uniformed police officers on staff. Mr. Turneradded medical personnel would also be available on site.
  • 12. Page 568 MinutesVol. 104 June 4, 2013Mayor New recalled Council’s prior discussion to provide assistance on a first time event; however, the Cityhasnot secured a future event with the applicant. Therefore, he suggested establishing a criteria or policyto providefuture subsidy assistance.Motion, to approve ½ of the requested assistance, was made by Councilmember Farmer. Motion failed due tolack of a second.Motion, to approve the requested cash assistance up to $3500.00 as a sign-on bonus contingent on the applicantreturning next year, was made by Councilmember Alexander. Motion failed due to lack of a second.Responding to a question by Councilmember Farmer, Mr. Roger Havlak stated a city representative will beavailable to ensure the fields are prepared according to the City’s standards.Parks and Recreation Director Carl White recommended the City provide the in-kind support, and the applicantcan pay for the field rental, field services, gate fees, and restroom service. He informed the applicant willreceive all of the revenue generated from the tournament.Responding to a question from Councilmember Self, Mr. Turner stated this is the first year for the City to hostthis even and the applicant is seeking a home for future tournaments. He noted once the first year is establishedand income and expenses are calculated, then a better forecast would be available for hosting entity to commitor sign a 3 to 5 year contract.Motion, to approve, as presented, was made by Councilmember Silvas. Motion failed due to the lack of asecond.Motion, to approve, as presented, with the exception of the 20% commission from the concessionaire, and if theapplicant agrees to return next year, then the applicant will receive the 20% as a sign-on bonus, was made byCouncilmember Self and seconded by Councilmember Alexander.Councilmember Hirschfeld remarked approval of the request requires more long-term planning by staff andexpressed interested in seeing the development of this endeavor.Further discussion was held on the motion on the floor. Councilmember Alexander withdrew his second.Councilmember Silvas seconded.A vote was taken on the motion on the floor. AYE: Silvas and Self. NAY: New, Alexander, Hirschfeld, andFarmer. Motion failed 2-4.In conclusion, Mayor New suggested staff establish criterion to address future requests and present such at afuture meeting.RECESSAt 9:58 A.M., Mayor New called a recess.RECONVENEAt 10:10 A.M., Council reconvened, and the following business was transacted:APPROVAL OF THE RENEWAL OF RESIDENTIAL LEASES FOR THE FOLLOWING PROPERTIESAND AUTHORIZING THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TOEXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE LEASE RENEWAL:Lot 19, Group 2, 2029 American Legion Road (Simpson)Lot 1, Group 16, 2262 Joy Road (Furlong)Water Utilities Director Ricky Dickson presented background information.General discussion held on the requirements by the financing institutions, the ordinance language regarding therent escalation based on appraised market value after the time period elapses, the annual rent shall equal theappraised market value of land multiplied by a factor of 0.08.
  • 13. Minutes Page 569June 4, 2013 Vol. 104Motion, to approve the renewals, as presented, was made by Councilmember Silvas and seconded byCouncilmember Hirschfeld. Motion carried unanimously.ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ASUPPLEMENTAL LEASE AGREEMENT EXTENDING THE TERM OF A LEASE WITH THE U.S.DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT ASLESSEE, OF CERTAIN PROPERTY LOCATED AT 5575 STEWART LANE, SAN ANGELO REGIONALAIRPORT – MATHIS FIELD (AIRPORT) (Page 593, #2013-06-088)Airport Director Luis Elguezabal presented background information.Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded byCouncilmember Hirschfeld. Motion carried unanimously.TABLING OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELOCOMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES SITUATEDSOUTH AND EAST FROM THE INTERSECTION OF DAN HANKS LANE AND SOUTHCHADBOURNE STREET AND EXTENDING EASTWARD ON THE SOUTH SIDE OF SOUTHCHADBOURNE STREET, CONTINUING TO OLD EOLA ROAD, THEN SOUTHWARDS ALONGSOUTH LOOP 306, ENCOMPASSING THE EXISTING CITY LIMITS AND PROPERTIES SITUATEDJUST OUTSIDE THE CURRENT CITY LIMITS IN THE FAR SOUTHEAST PORTION OF SAN ANGELOInterim Senior Planner Jeff Hintz noted the proponent requested the item be postponed to a future meeting.Motion, to table the item, was made byCouncilmember Farmer and Councilmember Hirschfeld. Motion carriedunanimouslyFIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ13-17: P.V. McMinn, Jr.AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner of theintersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-MorHeights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYInterim Senior Planner Jeff Hintz presented background information. A copy of the report/presentation is partof the Permanent Supplemental Record.General discussion was held on the drainage of the area and staff’s process to follow up on letters of opposition.Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded byCouncilmember Silvas. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 13-18: Loren EdwardsAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
  • 14. Page 570 MinutesVol. 104 June 4, 2013COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast fromthe intersection at Jackrabbit Trail and South Chadbourne Street; property specifically occupies the ConchoRiver Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from aRanch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY ANDPROVIDING A PENALTYInterim Senior Planner Jeff Hintz presented background information. A copy of the report/presentation is partof the Permanent Supplemental Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Silvas. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 13-12: NE Interests- Charlie NicholasAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed tract of land; specificallyoccupying 15.00 acres of landout of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a proposed Final Plat ofthe Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoningclassification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYInterim Director of Development Services AJ Fawver presented background information. A copy of thereport/presentation is part of the Permanent Supplemental Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ13-16: OK Holdings, LLCAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet northwestof the intersection of Link Road and Christoval Road. This property specifically occupies the Concho RiverEstates, proposed Lot 35B, in southern San Angelo, changing the zoning classification from HeavyCommercial(CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYInterim Director of Development Services AJ Fawver presented background information. A copy of thereport/presentation is part of the Permanent Supplemental Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer.General discussion was held on the property in relation to the city limits.A vote was taken on the motion on the floor. Motion carried unanimously.
  • 15. Minutes Page 571June 4, 2013 Vol. 104FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 13-19: Rocky SpoontsAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 815 South Abe Street, located on the northwest corner of theintersection of South Abe Street and West Washington Avenue. This property specifically occupies the ParkHeights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145 feet of Lot 8 incentral San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) toOffice Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYInterim Director of Development Services AJ Fawver presented background information. A copy of thereport/presentation is part of the Permanent Supplemental Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded byCouncilmember Hirschfeld.General discussion was made on the historic designation of the building noting the area was not officiallydesignated as such. Ms. Fawver informed the proponent was made aware of the designation issue.A vote was taken on the motion on the floor. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZINGABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR ELLIS STREET EXTENDING APPROXIMATELY315’ EAST/WESTWARD BETWEEN BLOCKS 5 & 6 OF THE EASTLAND HEIGHTS ADDITION,IMMEDIATELY ADJACENT TO PROPERTY OWNED BY A RAILROAD COMPANY IN NORTHCENTRAL SAN ANGELOAN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWINGSTREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-wayforEllis Street, extending approximately 315’ eastward between Blocks 5 & 6 of the Eastland Heights Addition,immediately adjacent to property owned by a railroad company in north central San Angelo; AUTHORIZINGTHE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THETERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THEMAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTYOWNERSInterim Director of Development Services AJ Fawver presented background information. A copy of thereport/presentation is part of the Permanent Supplemental Record.Motion, to introduce the Ordinance, was made by Councilmember Hirschfeld and seconded byCouncilmemberFarmer.General discussion was held on the future use of the property as a salvage yard and the fact that there was noopposition by nearby residences to the future use of the property.Public comment was made Citizen Sally Ayana.A vote was taken on the motion on the floor. Motion carried unanimously.FIRST PUBLIC HEARING REGARDING PUBLIC COMMENTS FOR OR AGAINST THE ANNEXING(TO SAN ANGELO’S CITY LIMITS) OF CERTAIN PROPERTIES SITUATED IMMEDIATELYWEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 24.484 ACRE TRACTEXTENDING NORTHWEST FROM MILLS PASS DRIVE, AND LOCATED DIRECTLY WEST OF AN
  • 16. Page 572 MinutesVol. 104 June 4, 20138.995 ACRE TRACT ANNEXED TO THE CITY LIMITS ON MARCH 5, 2013 THAT COMPRISES THEPROPOSED PRESTONWOOD ADDITION, SECTION TWOInterim Director of Development Services AJ Fawver presented background information noting staff wasseeking public comment for or against the annexation of the property. A copy of the report/presentation is partof the Permanent Supplemental Record.Mayor New opened the floor to hear public comment. No comments were made. Mayor New closed the publiccomment period.APPROVAL OF A PETITION FOR A VARIANCE UNDER SEC. 11.204 (B), FROM THEREQUIREMENTS OF SEC.11.203 (E) WATER SUPPLY STAGE - DROUGHT LEVEL II REGARDINGSECTION 2 (C) WATERING OF “NEW LANDSCAPE” SHALL NOT BE ALLOWED AS STATED INSECTION 11.202 FOR “NEW LANDSCAPE.” TO FARMERS DAUGHTERWater Utilities Director Ricky Dickson presented background information.Responding to a question by Councilmember Hirschfeld, Petitioner Tam Honaker described the location for thevariance between Guadalupe and Campus Streets and noted the petition, as stated, was to seek approval to waterwhat has already been planted.Motion, to approve the variance based on Code of Ordinance Section 11.204(2)(b) & (c), as presented, wasmade by Councilmember Alexander and seconded byCouncilmember Hirschfeld. Motion carried unanimously.TABLING OF DISCUSSION ON THE FISCAL YEAR 2012-2013 BUDGET AS IT RELATES TOAMBULANCE FEE REVENUEMotion, to table the item, was made by Councilmember Farmer and seconded by Councilmember Self.Councilmember Hirschfeld recommended discussing the item during the budget hearing in its entirety asopposed to individual departments.A vote was taken on the motion on the floor. AYE: New, Self, Silvas, Hirschfeld, and Farmer. NAY:Alexander. Motion carried 5-1.TABLING OF DISCUSSION ON CODE OF ORDINANCE SEC. 8.105: NOISE FROM A MOTORVEHICLE REGARDING ENFORCEMENT MEASURES OF LOUD STEREO MUSIC EMITTING FROMVEHICLESRequested by Councilmember Silvas, Council recommended tabling the item and that staff be available andpresent the item at a future agenda.General discussion was held on how to police the behavior.Public comment was made by Citizen Gary Gibbs regarding the enforcement of the ordinance and inquired howmany citations or warnings had been issued.RECESSAt 11:00 A.M., Mayor New called a recess.RECONVENEAt 11:17 A.M., Council reconvened, and the following business was transacted:EXECUTIVE/CLOSED SESSIONAt 11:17 A.M., Council convened in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.071 to consult with attorney on a matter in which the duty of
  • 17. Minutes Page 573June 4, 2013 Vol. 104the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the StateBar of Texas clearly conflicts with this chapter; Section 551.072 to deliberate the purchase, exchange, lease, orvalue of real property; and, Section 551.087 to discuss an offer of financial or other incentive to a company orcompanies with whom the City of San Angelo is conducting economic development negotiations and which theCity of San Angelo seeks to have, locate, stay or expand in San Angelo.RECESSAt 12:06 P.M., Mayor New called a recess.RECONVENEAt 12:11 P.M., Council reconvened, and the following business was transacted:FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONAPPROVAL OF THE RECOMMENDATION BY CITY OF SAN ANGELO DEVELOPMENTCORPORATION AUTHORIZING THE SALE OF PROPERTY AT THE INDUSTRIAL PARK TO SCOTTMEASUREMENT SERVICES INCORPORATED, FOR THE SALE OF 6 ACRES IN THE AMOUNT OF$17,500.00 PER ACREInterim Economic Development Director Bob Schneeman provided background information noting the offerwas made by Scott Measurement Services Incorporated and approved unanimously by the City of San AngeloDevelopment Corporation.Motion, to approve the recommendation by City of San Angelo Development Corporation authorizing the saleof property at the Industrial Park to Scott Measurement Services Incorporated, for the sale of 6 acres in theamount of $17,500.00 per acre, was made by Councilmember Self and seconded by Councilmember Silvas.Motion carried unanimously.ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Daniel Valenzuela distributed the proposed June 18, 2013 Agenda and solicited Councilcomments and suggestions.Amendment to the Vision Plan Component itemCouncilmember Silvas commented on the safety/security factor regarding the numbering on resident mailboxesor incorrect numbers displayed on houses. Staff advised this is handled through the United Stated Post Office.Councilmember Hirschfeld requested an update on the Housing Subcommittee.Councilmember Farmer commented on the drainage lot between Christian Village and Big Lots. DanielValenzuela, City Manager suggested he, Mr. Dane and Mr. Wolff meet to discuss a resolution. Ms. Farmer alsorequested an update on Mr. Murry’s issues regarding Grape Creek Road and 43rdStreet.Mayor New announced he would not be present at the June 18thmeeting.Councilmember Farmer announced she would not be present at the June 25thspecial meeting.Councilmember Alexander requested an update on the use of golf carts on public streets and how such usecould be incorporated as special use guidelines within the ordinance at the next meeting.ADJOURNMENTMotion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motioncarried unanimously.The meeting adjourned at 12:19 P.M.
  • 18. Page 574 MinutesVol. 104 June 4, 2013THE CITY OF SAN ANGELO___________________________________Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
  • 19. A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCILAUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTWITH THE SAN ANGELO CULTURAL AFFAIRS COUNCIL (SACAC)FOR THE PROVISION OF PROGRAMS WHICH ENCOURAGE,DEVELOP, PROMOTE AND IMPROVE EDUCATIONAL ANDCULTURAL OPPORTUNITIES IN THE COMMUNITY, PROVIDEPROGRAMS WHICH ENCOURAGE PARTICIPATION ANDAPPRECIATION OF THE ARTS, AND PROVIDE FOR THEADMINISTRATION OF SUBGRANTS TO QUALIFYINGORGANIZATIONS, THROUGH FUNDING ALLOCATED FROM CITYHOTEL OCCUPANCY TAX REVENUE; AND PROVIDING FOR ANEFFECTIVE DATE.WHEREAS, the City recognizes that local government has an interest in encouraging,developing, and promoting the arts for citizens of the community of San Angelo; andWHEREAS, City is desirous of implementing a governmental program to foster suchdevelopment; andWHEREAS, City does not have a governmental department in a position to presentlyundertake the necessary steps to foster encouragement, promotion, improvement and application ofthe arts; andWHEREAS, City levies a tax upon hotel and motel occupancy within the City as authorizedby law for the encouragement, promotion, improvement, and application of the arts in the city; andWHEREAS, SACAC is an established agency whose mission is to encourage, develop,promote, and improve educational and cultural activities in San Angelo and the Concho Valley andemploys personnel and materials effective in such endeavors; andWHEREAS, City has determined that a contract between City and SACAC will allow City toeffectively meet the objectives of the governmental arts assistance program and that SACAC caneffectively supervise those programs which promote the arts and which are funded by said hotel andmotel occupancy tax; andWHEREAS, City has contracted with SACAC since 2008 to meet its objectives of thegovernmental arts assistance program by funding SACAC with five percent (5%) of its revenues fromthe Hotel Occupancy Tax, the term of the contract having expired on September 30, 2012;NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SANANGELO, TEXAS THAT:The City Manager is hereby authorized to execute the City of San Angelo and CulturalAffairs Council Contract with the San Angelo Cultural Affairs Council (SACAC) for a term of
  • 20. two years, effective from October 1, 2012, and ending September 30, 2014, pursuant to whichSACAC will provide services to include programs which encourage, develop, promote, andimprove educational and cultural opportunities in the community; provide planning programswhich encourage participation and appreciation of the arts by all citizens of the area; andadminister subgrants to qualifying organizations with appropriate programs involving the arts.This resolution shall be effective from and after its adoption.PASSED and ADOPTED THIS DAY OF , 2013.CITY OF SAN ANGELO, TEXASATTEST:Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMMichael Dane Lysia H. BowlingAssistant City Manager/Chief Financial Officer City Attorney
  • 21. Page 1 of 3City of San Angelo / San Angelo Cultural Affairs Council ContractCITY OF SAN ANGELO AND CULTURAL AFFAIRS COUNCIL CONTRACTSTATE OF TEXAS §COUNTY OF TOM GREEN §This Contract between the City of San Angelo, Texas, a municipal corporation(“City”) acting herein by and through its duly authorized Mayor, and the San Angelo CulturalAffairs Council, a non-profit corporation (“Council”), acting herein by and through its dulyauthorized President, is effective as of October 1, 2010.WHEREAS, City, a home rule municipal corporation duly incorporated and operatingunder the laws of the State of Texas and situated in Tom Green County, Texas, recognizes thatlocal government has an interest in encouraging, developing, and promoting the arts for citizensof the community of San Angelo; andWHEREAS, City is desirous of implementing a governmental program to foster suchdevelopment; andWHEREAS, City does not have a governmental department in a position to presentlyundertake the necessary steps to foster development of the arts; andWHEREAS, City levies a tax upon hotel and motel occupancy within the City asauthorized by law for the encouragement, promotion, improvement, and application of the arts inthe city; andWHEREAS, Council is an established agency whose mission is to encourage, develop,promote, and improve educational and cultural activities in San Angelo and the Concho Valleyand employs personnel and materials effective in such endeavors; andWHEREAS, City has determined that a contract between City and Council will allowCity to effectively meet the objectives of the governmental arts assistance program and thatCouncil can effectively supervise those programs which promote the arts and which are fundedby said hotel and motel occupancy tax;NOW THEREFORE, Council and City, in consideration of the mutual covenants andagreements herein contained do mutually agree as follows:1. Operation. Council hereby agrees to perform the following services in San Angelo,Texas, for City: provide programs which encourage, develop, promote, and improve educationaland cultural opportunities in the community; provide planning, coordinating, and promotionalservices to eligible organizations and groups; provide programs which encourage participationand appreciation of the arts by all citizens of the area; and administer subgrants to qualifyingorganizations with appropriate programs involving the arts.
  • 22. 2. Budget. Council shall submit to the City Manager an annual operating budget for Councilfor the next city fiscal year based upon the estimated revenue to be paid to Council by City out ofthe Hotel and Motel Occupancy Tax and general fund as set out hereafter. Said budget shallreflect the proposed expenditures based upon estimated revenue, to be made by Council duringsaid fiscal year and the purposes for which said expenditures are to be made.3. Revenue. City agrees provide funding to Council from the Hotel and Motel OccupancyTax in accordance with the terms of the ordinance establishing said tax, adopted April 2, 2013,for operation of Council to manage or supervise programs and activities, to wit: Five Percent(5%) of the revenues distributed to the City from the Hotel and Motel Occupancy Tax.Payments to Council shall be made monthly as said tax is received by City.4. Use of Funds. It is expressly understood and agreed by City and Council that all fundsreceived from the Hotel and Motel Occupancy Tax that are paid to Council shall be used solelyfor the purposes of encouraging, promoting, and developing artistic and cultural programs forCity. The hotel occupancy tax revenue may be spent for day-to-day operations, supplies,salaries, office rental, travel expenses, and other administrative costs only if said administrativecosts are incurred directly in the encouragement, promotion, improvement, and application of thearts of the City. Council may expend hotel-motel tax revenue on subgrants, provided however,such subgrantee shall: make at least an annual report to the City Council of its expendituresfrom the subgrant and make records of these expenditures available for review of the CityCouncil or other person.5. Financial Records. Council shall maintain complete and accurate financial records of eachexpenditure of the hotel occupancy tax revenue made by Council and on request of the CityCouncil, the City Manager, or other person, shall make the records available for inspection andreview to the City Council or other person. Hotel and Motel Tax revenue shall be maintained ina separate account and shall not be commingled with any other revenue. The City Council may,upon reasonable notice, audit all books and records of Council.6. Independent Contractor. Council is hired and engaged as an independent contractor and isnot an officer, agent, or employee of City. This Contract is not intended to create a jointenterprise. There is no direct pecuniary purpose or profit motive, but rather the purpose of thisContract is to further the public good. Additionally, Council has the sole right to control andmanage its operations.7. Term. This Contract shall be for a two (2) year term, beginning from its effective dateOctober 1, 2012 and ending September 30, 2014, unless sooner terminated.8. Termination. It is understood and agreed that either party may terminate this Contract bygiving the other party notice in writing of said termination prior to 30 days of termination. Nofunds will be advanced to Council after notice of termination is given.9. Unspent Funds Returned. Upon termination of this Contract, the consideration paid byCity shall be prorated and returned to City.10. Assignment. This Contract is not subject to assignment without prior written consent of
  • 23. the other party.11. Hold Harmless. Each party agrees to indemnify, save harmless, and defend the other fromany and all claims, causes of action, and damages of every kind arising from the operations ofthe other, its officers, agents, and employees, carried out in furtherance of this Contract.EXECUTED in duplicate originals this ____ day of __________, 2011.CITY OF SAN ANGELOBy:Daniel Valenzuela, City ManagerATTEST:Alicia Ramirez, City ClerkSAN ANGELO BOARD OF CULTURALAFFAIRS COUNCILBy:PresidentATTEST: Printed Name:SecretaryAPPROVED AS TO CONTENT APPROVED AS TO FORMMichael Dane Asst. City Manager/CFO Dan T. Saluri, Sr. Asst. City Attorney
  • 24. City of San AngeloMemoDate: May 24, 2013To: Mayor and CouncilmembersFrom: Michael Dane, ACM/CFOSubject: Agenda Item for June 18, 2013 Council MeetingContact: Michael DaneCaption: Consent AgendaA RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZINGTHE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SAN ANGELOCULTURAL AFFAIRS COUNCIL (SACAC) FOR THE PROVISION OF PROGRAMSWHICH ENCOURAGE, DEVELOP, PROMOTE AND IMPROVE EDUCATIONAL ANDCULTURAL OPPORTUNITIES IN THE COMMUNITY, PROVIDE PROGRAMSWHICH ENCOURAGE PARTICIPATION AND APPRECIATION OF THE ARTS, ANDPROVIDE FOR THE ADMINISTRATION OF SUBGRANTS TO QUALIFYINGORGANIZATIONS, THROUGH FUNDING ALLOCATED FROM CITY HOTELOCCUPANCY TAX REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE.Summary: A contract with San Angelo Cultural Affairs Council needs to be executed in orderfor the SACAC to receive and expend Hotel Occupancy Tax (HOT) according to the Code ofOrdinances Section 5.8000 through September 30, 2014. Council approved an amendment to theHOT Ordinance on March 19, 2013, removing the exact allocation amounts thus allowing Councilmore discretion and flexibility to distribute funds. The renewal contract has been revised toinclude the language stating the exact percentage SACAC will receive (5%).History: The City of San Angelo levied the Hotel Occupancy Tax for the operation ofconvention facilities, the promotion of tourism, and the improvement of the arts. The SACACcontract satisfies the promotion of tourism and improvement of the arts criteria.Financial Impact: Fiscal year to date, $1,789,792 has been received from HOT receipts. SACACwill receive 5% of the total receipts on a monthly basis.Related Vision Item (if applicable): Financial VisionOther Information/Recommendation: Staff recommends approval to extend the terms of thecontract.Attachments: Contract and ResolutionPresentation: N/APublication: N/AReviewed by Service Area Director: Michael Dane, Finance
  • 25. City of San AngeloMemoDate: March 5, 2012To: Mayor and CouncilmembersFrom: Carl White, Parks and Recreation DirectorSubject: Agenda Item for June 4, 2013 Council MeetingCaption: Consent Agenda ItemConsideration of approving variances to the City Code for the WakeboardTournament on July 19-21, 2013, at Lake Nasworthy______________________________________________________________________________Summary: The variances required are identical to those granted in the past and pertain to:noise, camping and parking, permits for vendors, signs, and provisions regulating thewaters of Lake Nasworthy such as “No Wake” zones. The event will be held at MiddleConcho Park.Authorization is also requested to allow the Interim City Manager to execute anindemnification agreement with Specialty Sports for the event.Financial Impact: None.Related Vision Item (if applicable): Parks and Open Space Vision· Increase recreation opportunitiesOther Information/Recommendation: Staff recommends approval.Attachments: Special Event ApplicationSupplement to the Special Event ApplicationResolutionIndemnification AgreementParticipant Release FormPresentation: NonePublication: N/AReviewed by Assistant City Manager: Carl White, Parks & Recreation Director, May 7, 2013
  • 26. EXHIBIT ASUPPLEMENT TO SPECIAL EVENTS PERMITWake the Desert Wakeboard TournamentJuly 19, 20, 21, 2013Permit Holder: Specialty Sports, Inc., dba Ski Skellar Sports (hereinafter “SSS”),3327 W. Wadley, Midland, TX 79707Contact Person: Name PhoneScott Ragan (432) 697-0427Location of Event: Lake Nasworthy; Middle Concho Park (hereinafter “Area”)Name of Event: Wake the Desert (hereinafter “Event”)Date of Event: July 19-21, 2013Set up: July 18, 8:00am through sunsetAnticipatedAttendance: 100-500 per dayHours ofOperation: 8:00 am through sunset July 198:00 am through sunset July 208:00 am through sunset July 21This supplement to the special event permit is issued to Ski Skellar Sports by the City of San Angelo(hereinafter “City”) subject to the conditions and requirements set forth below.Permitted Activities1. SSS may conduct wakeboard events during the dates set out above.2. SSS may operate all terrain vehicles in the Area during the Event.3. SSS may designate and restrict access to areas for parking, camping, vendors, riders, andspectators.4. SSS may set up tents and signs and allow vendors in the Area subject to any regulations set outin this Permit.
  • 27. Requirements for Permit Holder (“SSS”)1. Sanitation.a. SSS shall provide a total of four (4) Port-A-Potties.b. SSS will clean up Area at the conclusion of the Event.2. Insurance and Indemnification.a. SSS shall provide insurance as required by the City of San Angelo’s Claims Manager andshall provide proof of such insurance.b. As deemed appropriate by the City Attorney, SSS shall provide City with anIndemnification Agreement executed by SSS and Releases executed by riderparticipants, on forms approved by the City.3. Vendors.a. Vendors shall obtain all necessary health permits and shall have appropriate liabilityinsurance and an active Sales and Use Tax Permit.4. Park Entrance Fees.a. Competitors and event organizers will be provided with access passes to Middle ConchoPark at no charge for the dates of the event. Event organizer must provide the listshowing quantities of passes needed to the City by 5:00 pm, Monday, July 15, 2012.Passes will be provided by the City to the Event Organizer by noon, Thursday, July 18,2013.b. Spectators at Middle Concho Park will pay $3.00/vehicle regardless of residency.Spectators at Spring Creek Park will pay $3.00/vehicle for San Angelo residents and$6.00/vehicle for non-San Angelo residents.The City Manager or his designee shall have authority to require SSS to comply with the above listedrequirements and to correct any deficiencies. In case of a threat to the public health or safety, the CityManager or his designee may suspend operations of the Event until deficiencies are corrected.Variances: See Attachment 1 to this Exhibit.Authority of City to Regulate EventThe City Manager or his designee shall have the authority to interpret this Permit and/or adopt newrules during the Event to ensure public health and safety and proper use of all public right-of-ways.EVENT SPONSORPrint Name: Angelica Pena DateDate: Civic Events Manager
  • 28. Attachment 1 to Exhibit ATO THE 2013 WAKEBOARD TOURNAMENT PERMITExhibit 1 to Event ResolutionVariances1) Conduct of this Event shall not constitute a violation of the City’s noise ordinances.2) Notwithstanding City ordinances to the contrary, event Sponsor may operate all terrainvehicles in the Area during the Event.3) Notwithstanding City ordinances to the contrary, event Sponsor may restrict camping,parking, and access to areas designated as restricted by event Sponsor for the durationof the Event and during the set up period.4) Notwithstanding City ordinances to the contrary, event Sponsor shall not be required toobtain permits for street closure, tents, vendors (except for health permits) and signs.5) Notwithstanding City ordinances to the contrary, flags, banners, and information signsshall be allowed for the Event. Placement shall be coordinated with and approved bythe City Manager or his designee.6) To the extent that conduct of this Event is in violation of the City’s ordinances regulatingactivities on the public property and waters of Lake Nasworthy (including, but not limited to, “nowake zones,” speed limits, placement of objects in the water and entrance and camping fees)the provisions of this Permit shall constitute a variance from such regulations.
  • 29. INDEMNIFICATION AND HOLD HARMLESS AGREEMENTWHEREAS Specialty Sports, Inc., a Texas corporation, doing business as SkiSkeller Sports, hereinafter referred to as (“Applicant” or “Indemnitor”) has applied withthe City of San Angelo hereinafter referred to as (“City” or “Indemnitee”) for permissionto conduct a special recreational and sporting event known as “Wake the Desert”wakeboard tournament hereinafter referred to as (“Event”); at Lake Nasworthy, City ofSan Angelo, Tom Green County, Texas; the use of Lake Nasworthy, including the watersof Lake Nasworthy, the land and subdivisions of Lake Nasworthy, and the facilities ofLake Nasworthy, Tom Green County, Texas, hereinafter collectively “the Property” or“the Premises”; and,WHEREAS in consideration for the granting of Applicant’s application toconduct the Event at Lake Nasworthy from and including July 19ththrough July 21st,2013, and including set up on July 18th, 2013 and clean up on July 21st, 2013, Applicantdesires to indemnify and hold the City of San Angelo harmless from any and all damages,personal injuries, or deaths that may occur in relation to the Event;NOW THEREFORE the undersigned stipulates, covenants, and agrees as follows:APPLICANT AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITSCOUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS,AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE ANDHARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES,LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON ORPERSONS, INCLUDING AGENTS OR EMPLOYEES OF APPLICANT OR CITY, BYREASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TOPROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OFANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANYACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF APPLICANT,ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF APPLICANTITS AGENTS OR EMPLOYEES AND ANY OTHER ENTITY, AS A DIRECT ORINDIRECT CONSEQUENCE OF ITS HOLDING OF A SPECIAL SPORTING ANDRECREATIONAL EVENT FROM AND INCLUDING JULY 19THTHROUGH JULY21ST, 2013, INCLUDING SET UP ON JULY 18TH, 2013 AND CLEAN UP ON JULY21ST, 2013, AT LAKE NASWORTHY, CITY OF SAN ANGELO, TOM GREENCOUNTY, TEXAS, OR SUSTAINED IN OR UPON THE WATERS OR PREMISESOF LAKE NASWORTHY, OR AS A RESULT OF ANYTHING CLAIMED TO BEDONE OR ADMITTED TO BE DONE BY APPLICANT, ITS AGENTS OREMPLOYEES HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THETERM OF THE PERMIT OR PERMISSION GRANTED BY CITY TO HOLD THEDESCRIBED SPECIAL SPORTING AND RECREATIONAL EVENT FOR AS LONGAS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALLREQUIRE APPLICANT TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANYINDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS
  • 30. NEGLIGENCE OR WILLFUL MISCONDUCT.Executed this day of , 2013.INDEMNITOR: INDEMNITEE:Specialty Sports, Inc. City of San Angelo, TexasBy: By:Richard Ragan, Vice Pres. Daniel Valenzuela, City Mgr.ATTEST: ATTEST:By: By:Gina Ragan, Secretary Alicia Ramirez, City Clerk
  • 31. INDEMNIFICATION AND HOLD HARMLESS AGREEMENTBETWEEN THE CITY OF SAN ANGELO TEXAS AND SKI SKELLER SPORTSApproved as to content: Approved as to form:John Seaton, Risk Manager Lysia H. Bowling, City Attorney.
  • 32. CITY OF SAN ANGELOWAIVER OF LIABILITYANDINDEMNITY AND HOLD HARMLESS AGREEMENTIn consideration for receiving permission to participate in the “WAKE THEDESERT” wakeboard tournament and related activities (hereinafter referred to as“Event”); the use of Lake Nasworthy, including the waters of Lake Nasworthy, the landsand subdivisions of Lake Nasworthy, and the facilities of Lake Nasworthy, hereinaftercollectively “the Property” or “the Premises” at Lake Nasworthy, City of San Angelo,Tom Green County, Texas, (hereinafter referred to as “Premises”) and other good andvaluable consideration, the receipt of which is hereby acknowledged, I herebyRELEASE, WAIVE and DISCHARGE, and COVENANT NOT TO SUE the City of SanAngelo, its council members, board and commission members, officials, agents, guests,invitees, consultants and employees (hereinafter collectively referred to as “City” or“Releasees”) from any and all liability, claims, demands, actions and causes of actionwhatsoever arising directly or indirectly out of or relating to any loss, damage, or injury,including death, that may be sustained by me or to any property belonging to me,WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwisewhile participating in such Event or related activity, or while in, on or upon the premiseswhere the Event and related activities are being conducted, or in transportation to or fromsaid premises.To the best of my knowledge I am physically able and otherwise qualified to fullyparticipate in the Event. I am fully aware of the risks and hazards connected with theactivities in which I plan to participate, and I voluntarily elect to enter the premises andparticipate in the Event, knowing that the activities may be hazardous to me and myproperty. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKSOF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH,that may be sustained by me or loss to my property as a result of being engaged in theEvent, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OROTHERWISE.I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS theRELEASEES from any loss, liability, damage or costs, including court costs andreasonable attorney’s fees, that may be incurred by Releasees due to my participation insaid activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, orotherwise.
  • 33. “WAKE OF THE DESERT” wakeboard tournament, Waiver of Liability, Indemnity andHold Harmless Agreement: Page 2 of 2I UNDERSTAND THAT THE CITY OF SAN ANGELO WILL NOT BERESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED WITH ANY INJURYTHAT MAY BE SUSTAINED.It is my express intent that this Waiver of Liability and Indemnity and HoldHarmless Agreement shall bind the members of my family and spouse (if any), if I amalive, and my heirs, assigns and personal representative, if I am not alive, and shall bedeemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE theabove named Releasees. I hereby further agree that this Waiver of Liability andIndemnity and Hold Harmless Agreement shall be constructed in accordance with thelaws of the State of Texas.IN SIGNING THIS WAIVER OF LIABILITY AND INDEMNITY AND HOLDHARMLESS AGREEMENT I ACKNOWLEDGE AND REPRESENT that I have readthe foregoing instrument in its entirety, that I understand it, and that I am waivingvaluable legal rights and assuming legal obligations by the execution hereof. I sign thisWaiver of Liability and Indemnity and Hold Harmless Agreement voluntarily as my freeact and deed; no oral representations, statements or inducements, apart from the contentof this agreement, have been made to me. I am at least eighteen years of age and I amfully competent to understand and execute this agreement. I execute this Waiver ofLiability and Indemnity and Hold Harmless Agreement for full, adequate, and completeconsideration as set forth hereinabove fully intending to be bound by the same.IN WITNESS WHEREOF, I have hereunto set my hand on this , dayof _________, 2013.Participant’s Signature Print Participant’s full name above.
  • 34. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZINGAPPLICANT, SPECIALTY SPORTS, INC., DBA SKI SKELLER SPORTS,TO HOLD A SPECIAL EVENT AT LAKE NASWORTHY KNOWN AS“WAKE THE DESERT”; PERMITTING SPECIFIED ACTIVITIES;IMPOSING REQUIREMENTS ON APPLICANT; AND GRANTINGVARIANCES RELATING TO RULES AND REGULATIONS OF LAKENASWORTHY, PARK ORDINANCES AND THE CITY NOISEORDINANCEWHEREAS, Chapter 9, Article 9.100 of the Code of Ordinances for the City of SanAngelo provides that the City Council may authorize individuals or groups to hold special eventsfor sporting and recreational purposes at Lake Nasworthy; and,WHEREAS, Chapter 9, Article 9.100 further provides that the City Council mayauthorize temporary variances from the prohibitions and requirements of City ordinances forsuch events; and,WHEREAS, the “WAKE THE DESERT” wakeboard tournament has been an annualsporting and recreational event at Lake Nasworthy; and,WHEREAS, the City Council has taken into account those factors as applicablepursuant to the ordinance providing for the granting of variances;NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT:Specialty Sports, Inc., dba Ski Skellar Sports (hereinafter Applicant), is herebyauthorized to hold a special event at Lake Nasworthy, known as “Wake the Desert”, wakeboardtournament, on July 19th, 20th, and 21st, 2013, and set up for the event on July 18th, and clean upafter the event on July 21st, 2013. The event may include those activities as described on thatcertain “City of San Angelo-Special Event Application” and attachments thereto (hereinaftercollectively referred to as “Application”) submitted by Applicant, a copy of which is attached tothis Resolution as Exhibit A, and made a part hereof for all purposes.The execution of an indemnification and hold harmless agreement as required by theDirector of Parks and Recreation and the requirements imposed upon the Applicant as set forthin the Application are adopted by reference thereto and are hereby imposed upon the Applicant,and are a condition to this authorization and to the variances granted. The variances referred toin the Application relating to Rules and Regulations of Lake Nasworthy, Park Ordinances andthe City Noise Ordinance are hereby granted during those times when the said special event is inprogress from and including July 19, 2013 through July 21, 2013.APPROVED AND ADOPTED ON THE DAY OF , 2013.Signature page to follow
  • 35. THE CITY OF SAN ANGELO, TEXASAlvin New, MayorAttest:Alicia Ramirez, City ClerkApproved As to Content: Approved As to Form:Angelica Peña Lysia H. Bowling,Civic Events Manager City Attorney
  • 36. Attachment 1 to Exhibit ATO THE 2013 WAKEBOARD TOURNAMENT PERMITExhibit 1 to Event ResolutionVariances1) Conduct of this Event shall not constitute a violation of the City’s noiseordinances.2) Notwithstanding City ordinances to the contrary, event Sponsor may operateall terrain vehicles in the Area during the Event.3) Notwithstanding City ordinances to the contrary, event Sponsor may restrictcamping, parking, and access to areas designated as restricted by eventSponsor for the duration of the Event and during the set up period.4) Notwithstanding City ordinances to the contrary, event Sponsor shall not berequired to obtain permits for street closure, tents, vendors (except for healthpermits) and signs.5) Notwithstanding City ordinances to the contrary, flags, banners, andinformation signs shall be allowed for the Event. Placement shall becoordinated with and approved by the City Manager or his designee.6) To the extent that conduct of this Event is in violation of the City’s ordinancesregulating activities on the public property and waters of Lake Nasworthy(including, but not limited to, “no wake zones,” speed limits, placement ofobjects in the water and entrance and camping fees) the provisions of thisPermit shall constitute a variance from such regulations.3
  • 37. City of San AngeloMemoDate: June 6, 2013To: Mayor and CouncilmembersFrom: Ricky Dickson, Water Utilities DirectorSubject: Consent Item for June 18, 2013 Council MeetingContact: Ricky Dickson, Water Utilities Director, 657-4209Caption: Consideration of approving a Recreational or Agricultural Lease Agreementwith Frank S. and Ginger Price for 2.616 acres of land located adjacent to the lake or riverand authorizing the City Manager or Water Utilities Director to execute the same.Summary: Frank and Ginger Price are owners of the adjacent property and desire to enterinto a new Recreational or Agricultural Lease agreement.Financial Impact: Lease fee will be $448.00 per year as computed on Exhibit B (attached).Related Vision Item (if applicable): None.Other Information/Recommendation: It is recommended that the lease be approvedand the Water Utilities Director be authorized to execute the lease. Staff recommendsapproval.Attachments: Lease Agreement and Exhibit A and BPresentation: None.Publication: None.Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director,June 6, 2013Reviewed and Approved by City Attorney: Lysia H. Bowling, City AttorneyJune 10, 203
  • 38. City of San AngeloMemoMeeting Date: June 4, 2013To: City Council membersFrom: Kevin Boyd, PlannerSubject: Z13-17: P.V. McMinn, Jr., a request for a zone change from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and TownhouseResidential (RS-3) to allow for townhouses, on the following property:Location: An unaddressed 1 acre tract, located at the northwest corner of theintersection of West Beauregard Avenue and Moritz Circle; morespecifically occupying the Clar-Mor Heights Addition, Block 1, Lots4 - 6, in southwest San Angelo.Purpose: Approval of this request would zone the property Zero Lot Line,Twinhome and Townhouse (RS-3)Contacts: P.V. McMinn, Jr., Representative 325-439-1941Kevin Boyd, Planner 325-657-4210Caption: First Public Hearing and consideration of introduction of an Ordinanceamending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code ofOrdinances, City of San AngeloZ13-17: P.V. McMinn, Jr.AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THECODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICHSAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS,USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING ANDCLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: Anunaddressed 1 acre tract, located at the northwest corner of theintersection of West Beauregard Avenue and Moritz Circle. Thisproperty specifically occupies the Clar-Mor Heights Addition, Block1, Lots 4 - 6, in southwest San Angelo, changing the zoningclassification from Single-Family Residential (RS-1) to Zero Lot Line,
  • 39. 2Twinhome and Townhouse Residential (RS-3) District; PROVIDINGFOR SEVERABILITY AND PROVIDING A PENALTYSummary: The City Council may:(1) Approve the proposed zone change as requested; or(2) Modify the application to some alternative zoning classification believed to bemore appropriate; or(3) Deny the proposed zone change, altogether.Recommendation: Planning staff recommends approving the proposed zonechange request from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome andTownhouse Residential (RS-3).Planning Commission recommended approval of this request by a vote of 6-0 on May20, 2013.
  • 40. 3History and Background:General InformationExisting Zoning: Single-Family Residential (RS-1)Existing Land Use: Vacant, undeveloped tractSurrounding Zoning/Land Use:North: Single-Family Residential (RS-1) Undeveloped residential lots,residences, and ChristEvangelical Lutheran ChurchWest: Single-Family Residential (RS-1) Single family detached housingSouth: Single-Family Residential (RS-1) Single family detached housingand Anglican Church of GoodShepherdEast: Neighborhood Commercial (CN) HEB store, Dollar Tree, CatoFashion, Check Cashed Loans,Rent-A-Center, a vacantcommercial building and FirstChurch of the NazareneThoroughfares/Streets: West Beauregard Avenue and Moritz Circle areidentified as a ‘local streets’, designed to carrylight neighborhood traffic at low speeds.Sherwood Way is identified as a "major arterialstreet" and is designed to connect collector streetsto freeways and other arterials carrying largevolumes of traffic at high speeds. Access issecondary and mobility is the primary function ofthese streets.Zoning History: The property was annexed within the city around1949.As far back as 1954, the property has been zonedSingle Family Residential (RS-1).Applicable Regulations: Allowed uses for this property can be found inSection 310 (Use Table) of the Zoning Ordinance.Development Standards: Residential development setbacks are outlined inSection 501 of the Zoning Ordinance.
  • 41. 4All required off-street parking and theconnection(s) to a public right-of-way are requiredto be paved.Vision Plan Map: NeighborhoodRelated Comp Plan Excerpts: “Promote better transition between nearbycommercial and residential use of land andbuildings.”"Require a buffer separating commercial,industrial, or agricultural zoned lands fromneighborhoods.""Promote neighborhood diversity andsecurity by encouraging a mix of age,income, and housing choices within SanAngelos neighborhoods.""...encourage appropriate and supportiveinfill development at NeighborhoodCenters.""Promote a mix of various uses...toencourage the necessary infill...forNeighborhood Centers.""Establish transition areas to better "scale-down" intensity of use from commercialcenters to neighborhoods.""...this [access to Neighborhood Centers]is best achieved through clusteredcommercial centers, but also throughincreased access and connectivitybetween the neighborhoods and theirassociated Neighborhood Centers.""...slowly reorganize commercial corridorsinto clusters...""Create new physical connections toneighborhoods lined with transitional andintermediate uses.""Variety of residential product types -multi-family, townhomes, courtyard homes,patio homes, etc."
  • 42. 5Special InformationTraffic Concerns: Changing the zoning to a more intensiveresidential district has the potential to generateadditional traffic than if the property remained as-is.Parking Requirements: Dwelling units require a minimum of 2 parkingspaces, per Section 511.B of the ZoningOrdinance.Parking Provided: No parking exists as the tract remains vacant andundeveloped.Density: Surrounding properties are medium commercialand residential in nature. The Vision Plan calls forNeighborhood type development for the site inquestion.Notification Required: YesNotifications Sent: 13Responses in Favor: 2Responses in Opposition: 0Analysis:In order to approve this zone change request, the City Council members are first requiredto consider the following criteria:1. Compatible with Plans and Policies. Whether the proposed amendment is compatiblewith the Comprehensive Plan and any other land use policies adopted by the PlanningCommission or City Council.2. Consistent with Zoning Ordinance. Whether and the extent to which the proposedamendment would conflict with any portion of this Zoning Ordinance.3. Compatible with Surrounding Area. Whether and the extent to which the proposedamendment is compatible with existing and proposed uses surrounding the subject landand is the appropriate zoning district for the land.
  • 43. 64. Changed Conditions. Whether and the extent to which there are changed conditionsthat require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposedamendment would result in significant adverse impacts on the natural environment,including but not limited to water and air quality, noise, storm water management,wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendmentaddresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendmentwould result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.Staff believes that the proposed zone change meets all of the criteria outlined, thusrecommending approval of a zone change to Zero Lot Line, Twinhome and Townhouse(RS-3). The request is consistent with city’s plans and polices, as the Vision Planenvisions properties west of Moritz Circle (which includes the tract in question) andsouth of West Beauregard Avenue to remain designated as ‘Neighborhood’. Thecategory ‘Neighborhood’ fits with RS-1, RS-2, RS-3, RM-1, RM-2, MHP and MHSzoning. Although the most common housing type is single family detached residences,introducing higher density residential development will further diversify the area’shousing stock – which is consistent with the intent of the Comprehensive Plan.The request is consistent with aspects of the Zoning Ordinance. The proponent seeks azone change from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome andTownhome Residential (RS-3) district with plans to develop a series of townhomes onthe properties. RS-3 zoning allows for residential development to include zero lot linedwellings, twinhomes and townhouses (Section 310 and 311, Zoning Ordinance). Someconditional uses allowed in the district are religious institutions, safety services andschools. Twinhomes and townhomes are also permissible in Low Rise MultifamilyResidential (RM-1) zoning but given the small size of the lots, it is not a suitableconfiguration for apartment development. The tract in question is comprised of threeplatted lots and meets the minimum lot area and dimension of the proposed zoning, per501 of the Zoning Ordinance. A zone change to RS-3 will allow for lots to be furthersubdivided to maximize buildable space - a minimum of 40 x 60 (2,500 sq ft.) for zerolot line or twinhome units and 25 x 75 (1,875 sq ft.) for townhouse units, per Section501.While much of the residences in the area reflect low density, single family zoning, thereare two sizeable tracts, just east of the site along West Beauregard Avenue, that have
  • 44. 7Low Rise Multifamily Residential (RM-1) zoning - 5.2 and 2.5 acres, respectively. Thelarger of the two properties still serves as a vacant lot. The other lot is occupied byCrestwood Terrace Apartments – which is densely developed at this time; the RM-1zoned area is comprised of 9, two story apartments. Currently, the tract in question –lots 4, 5 and 6 – is vacant, open space. The lots are similar in area and dimensionmeasure roughly 110 x 140. The townhomes that the proponent hopes to construct willfront Moritz Circle, the rear of the buildings will be along the existing alley (seeconceptual plan below). Directly to the east of the site are several commercially zonedproperties – Neighborhood Commercial (CN), General Commercial (CG) and GeneralCommercial / Heavy Commercial (CH) all exist within 400 feet of the tract. Much of thearea, especially points north and northeast of the site has developed as an establishedcommercial corridor which began in the 1950 - 1960s with developments like the Kmartstore, now HEB. Other commercial establishments include Dollar General, CatoFashions, Sonic and Rent-A-Center. The proposed use is compatible with surroundinguses and may provide an additional customer base for some of the commercialdevelopment in the area.This request represents changed conditions to the current Ordinance, in that, RS-1limits residential development to single family detached housing. A zone change to RS-3 will provide opportunities for higher density residential development. As previouslymentioned, allowed uses in a RS-3 zone are zero lot line dwellings, twinhomes andtownhouses. This request is consistent with the "Neighborhood" developmentdesignation of the Comprehensive Plan, as such an amendment to the Vision Plan Mapof this document is not required to approve this request.Staff expects that the proposed zone change will have minimal negative impacts on thenatural environment. While the change will allow provide a wider range of residentialdevelopment opportunities, in both scale and size, such changes are not significant.The site is vacant, open space - no trees or other vegetation will be removed indeveloping the tract. Conceivably there can be greater storm water runoffs generatedfrom twinhomes or townhome development, as opposed to single family detacheddwellings which typically have smaller building footprints. An internal site reviewconducted by city staff will ensure that any approved project directs runoff away fromneighboring properties.The requested zoning represents a community need. Currently RS-3 is one of the city’smore underutilized zoning districts. Twinhomes and townhomes are ideal building typesfor lots, such as the one in question – narrow strips of land that typically accommodatesingle family housing but are much too small to support a multi-unit apartment complex.These types of development are more compact (higher density) form of development, ifdeveloped widely, poses less strain on the city’s infrastructure, compared to singlefamily detached housing. The change will provide a mixture of housing opportunities forresidents in the area.
  • 45. 8The site boasts close proximity to major roadways and commercial development; it alsoprovides a nice transition between uses. The tract of land is accessible to nearbyarterials – Sherwood Way and West Avenue N / Arden Road. The requested zonechange and proposed development will offer suitable infill opportunities for a tract ofland that has serve as vacant, open space for many years. The zone change will enabledevelopment which provides a buffer between uses, a transition from neighborhoodserving commercial to single family housing units. The location also provides closeproximity to shops and retail - within 700 feet of the HEB Supercenter and 200 feet fromCato Fashions and Dollar Tree - which is one of the tenets of a walkable community.This reduces the demand for automobile use and enhances the nature of the area -further establishing places where people can live, shop and work, thus establishingsustainable environments.Proposed ConditionsN/AAttachments: Excerpt from zoning map, showing the general location withinthe City of San Angelo;Excerpt from zoning map, highlighting subject property;Aerial photo, highlighting subject property;Excerpt from the comprehensive plan vision map highlightingthe subject property;Excerpt of the favor/opposition notification map;Conceptual plan of phased townhome development;Citizen Response;Draft minutes from 05/20/13 Planning Commission meeting;andDraft Ordinance.Presentation: Kevin Boyd, PlannerReviewed by: Jeff Hintz, Interim Senior Planner (05/09/13)
  • 46. 10
  • 47. 11
  • 48. 12
  • 49. 13
  • 50. 14
  • 51. Z 13-17: P.V. McMinn Jr.A request for a zone change from Single-Family Residential (RS-1) to Zero LotLine, Twinhome and Townhouse Residential (RS-3) to allow for townhouses, onthe following property:An unaddressed 1 acre tract, located at the northwest corner of the intersectionof West Beauregard Avenue and Moritz Circle; more specifically occupying theClar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo.Kevin Boyd, Planner, came forward to present this request, consistent with the staffrecommendation of approval. Thirteen notifications were sent out, with two receivedin favor and two received in opposition to the request. The subject property wasshown on a map of the general area. To the west and south of the subject propertyis a low-density neighborhood, and to the east and north of the subject property is alarge commercial node stemming from the intersection of Sherwood Way and WestAvenue N. A map denoting the notifications received in favor and opposition wasshown. A conceptual plan, while not required for the application, was shown asprovided by the applicant. Mr. Boyd described the configuration of the lots and theneed for diversification of the residential offerings in this area as outlined in theComprehensive Plan. There are opportunities for transition into the neighborhoodwhich this development could provide. Currently, the intensive commercialproperties are separated from the neighborhood by a vacant half-block.Bill Wynne asked questions about the minimum lot sizes and density that would beallowed.P.V. McMinn came forward to speak in favor of this request. Mr. McMinn looked atthis property in 1979 for this type of development, but at that time, the church ownedthe property. Mr. McMinn purchased the property recently in order to make anothereffort to develop the property in a way that would provide a transition between thestrip center and the nearby neighborhood.Gerald Toole, a resident of Moritz Circle, came forward to speak in opposition to therequest and explained that the density of the property is his main concern, inaddition to the traffic that would be generated by the development. Ms. Fawverexplained that the zoning change application, by ordinance, does not require a siteplan to be submitted. The zone change procedure is intended to pose the questionof whether or not the type of zoning is appropriate for the lots in question, and thesite planning is outside the jurisdiction of this Commission. So long as the siteplanning and arrangement of structures is done in a way which follows theordinance, there are a wide variety of ways which the layout may be configured.Neither the staff, Ms. Fawver explained, nor the Planning Commission may placeconditions on the application, to limit it to a single arrangement or site plan.______ George, a resident to the west of the subject property, came forward tospeak in opposition to the request. His opposition was based largely on the trafficgenerated and the impact on property values in this area. The transition, he felt, wasnot an appropriate one.
  • 52. Belinda and Alex Vega came forward to speak in opposition to this request. Theyare directly across the street from the proposal and find the request to beinconsistent with the development in that area. Traffic and unknown neighbors areof concern to them and their family. Their home has a high value and as such, theywant to preserve that. They were unable to think of any benefits to the area thatcould be provided by development of this location and stated that there were avariety of other sites that would be more appropriate for this type of building.There was no other public comment.Joe Grimes spoke and shared that the exact type of setup was one that wassuccessful in the vicinity of Bentwood Country Club, where property values are quitehigh.Bill Wynne mentioned that he had constructed townhomes in southwest San Angeloand that the people who tended to move into townhomes are generally couples,retirees, and people who generally wanted to downsize their home and property.Ryan Smith mentioned that he has seen situations where this type of developmenthas also increased adjacent property values.Bill Lawrence mentioned that this site has not yet found the best use for it and thatthis appears to be an appropriate fit based on the factors outlined in the staff reportand observation of the area.Motion, to approve as presented, was made by Ryan Smith and seconded by JoeGrimes. The motion passed unanimously, 6-0.
  • 53. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODEOF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT“A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTSAND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVEPLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, locatedat the northwest corner of the intersection of West Beauregard Avenueand Moritz Circle. This property specifically occupies the Clar-MorHeights Addition, Block 1, Lots 4 - 6, in southwest San Angelo,changing the zoning classification from Single-Family Residential (RS-1)to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 13-17: P.V. McMinn, Jr.WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO:SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: Anunaddressed 1 acre tract, located at the northwest corner of the intersection of WestBeauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, shall henceforth bepermanently zoned as follows: Zero Lot Line, Twinhome and Townhouse Residential(RS-3) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning.SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended.SECTION 3: That the following severability clause is adopted with this amendment:
  • 54. SEVERABILITY:The terms and provisions of this Ordinance shall be deemed to be severable in that,if any portion of this Ordinance shall be declared to be invalid, the same shall notaffect the validity of the other provisions of this Ordinance.SECTION 4: That the following penalty clause is adopted with this amendment:PENALTY:Any person who violates any provisions of this article shall be guilty of amisdemeanor and, upon conviction, shall be subject to a fine as provided for inSection 1.106 of the Code of Ordinances for the City of San Angelo. Each day ofsuch violation shall constitute a separate offense.INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 18th day of June, 2013.THE CITY OF SAN ANGELO____________________________________Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 55. City of San AngeloMemoMeeting Date: June 4, 2013To: Planning Commission membersFrom: Roxanne Johnston, PlannerSubject: Z13-18: Loren Edwards, a request for approval of a zone changefrom Ranch & Estate (R&E) to Heavy Commercial (CH) to allow foractivities allowed within CH zoning districts on the followingproperty:Location: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast fromthe intersection at Jackrabbit Trail and South Chadbourne Street. Thisproperty specifically occupies the Concho River Estates, 2.4170 Acresin Tract 19-B, south central San Angelo.Purpose: Approval of this request would designate the subject property as aHeavy Commercial (CH) Zoning District.Contacts: Loren Edwards 325-763-4967Roxanne Johnston, Planner 325-657-4210.Caption: First Public Hearing and consideration of introduction of anOrdinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) ofthe Code of Ordinances, City of San AngeloZ 13-18: Loren Edwards
  • 56. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODEOF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAIDEXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USEDISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING ANDCLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 4398Jackrabbit Trail; located approximately 1,390 feet northeast from theintersection at Jackrabbit Trail and South Chadbourne Street. Thisproperty specifically occupies the Concho River Estates, 2.4170Acres in Tract 19-B, south central San Angelo, changing the zoningclassification from a Ranch & Estate (R&E) to a Heavy Commercial(CH) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYSummary: The City Council may:(1) Approve the proposed zone change as requested; or(2) Remand the application back to Planning Commission for further discussion, inwhich case another public hearing will need to be scheduled; or(3) Deny the proposed zone change.Recommendation: Planning staff recommends approving the proposed ZoningClassification to Heavy Commercial (CH).
  • 57. History and Background:The applicant is seeking this zone change in order to lease the propertyout to oilfield-based businesses. The applicant is also proposing to usean existing 1250 ft2shop for an office and plans to construct a 5,000 ft2shop for servicing oil field machinery which could include selling parts.These uses all fall under the “Industrial Use Category” as defined inSection 316 of the Zoning Ordinance and are allowed in CH zoningdistricts.Most of the property in this area consist of acreage ranging anywherefrom one or more acres with the largest on the east side of JackrabbitTrail being 10 acres. There is a 62.5 acre located west of Jackrabbit trail,beyond a 50 foot wide AEP utility easement that extends north andsouth, respectively.With regards to current area zoning, a ½ mile stretch of properties zonedR&E extends north and south along the east side of Jackrabbit Trail andincludes the subject property. A single house along this stretch is locatedapproximately 720 feet north of the subject property within this R&Ezoning district and abuts a ML zoning district to the north. There is aconcentration of ML zoning east of the subject property along ChristovalRoad. Some of these properties are zoned both ML and R&E. There arealso properties zoned CH along the east side of Christoval Road and alsobetween Jackrabbit Trail and Christoval Road. The nearest isapproximately 1900 feet southwest from the subject property. A loneCG/CH zoning district is located approximately 450 feet northeast of thesubject property.Staff found that R&E properties in the study area (including the 62.5 acreparcel) largely consist of vacant fields. There are two fields that containcorrals (one with horses) and are also used to store farm equipment. TheML zoned property behind the subject property contains an oldmonastery and staff is unsure of how it is being used at this time. By allappearances, it seems vacant. Other area uses include a small heavyequipment storage yard, a storage facility, and an electrical servicescompany (Jett Electric), all near the corner of Jody Lane and JackrabbitTrial. A light manufacturing tool shop is also near this intersection.Although the latest has not yet been built, the Planning Commissionallowed the construction of telecommunications towers on two propertiesalong the north end of Strawn Road (SP99-11 and CU11-18). NationalOil Well Varco has an office along Christoval Road and yet anotherproperty at 4477 Christoval Road, is owned by a drilling company.Section 316 of the Zoning Ordinance defines Industrial Service as“firms…engaged in the repair or servicing of industrial., business orhousehold consumer machinery, equipment, products or by-
  • 58. products….Relatively few customers, especially the general public, cometo the site.” This section also gives examples of accessory uses forindustrial services. Those particularly relevant to this proposal includewelding shops; machine shops; tool repair; sales, repair and /or storageof heavy machinery, metal and building materials; towing and vehiclestorage; and heavy truck servicing (including wash) and repair. Acomplete list of industrial services can be found in Section 316.A.3 of theZoning Ordinance.Uses allowed in CH zoning districts include group living, and alcohol anddrug recovery facilities, meeting areas for religious institutions, publicsafety and emergency services, auto and boat dealerships, commercialparking, equipment rentals, self-service storage, vehicle repair, vehicleservice (performed while the customer waits) vehicle wash, small animalveterinary clinics, industrial services, warehouse and freight movement,waste-related uses, wholesale trade and plant nurseries.General InformationExisting Zoning: Ranch & Estate (R&E)Existing Land Use: Undeveloped residential lotsSurrounding Zoning/Land Use:North: R&E vacant propertyWest: R&E vacant propertySouth: R&E vacant propertyEast: ML Previous religious facilityThoroughfares/Streets: Jackrabbit Trail is defined as a “local street,”which is designed to carry light neighborhoodtraffic at lower speeds and generally connect tocollector streets.Zoning History: No previous zoning cases on this property. Thisproperty was annexed into the City in the late1940’s.Applicable Regulations: Section 509 of the Zoning Ordinance addressesfencing as a screening mechanism. Any time acommercial use abuts a residential district or use,an opaque privacy fence is required; however,commercial properties bordering R&E zoning areexempted from this requirement in that Section.Development Standards: All required off-street parking and theconnection(s) to a public right-of-way are requiredto be paved.
  • 59. Vision Plan Map: CommercialRelated Comp Plan Excerpts: “Promote better transition between nearbycommercial and residential use of land andbuildings.”“Require a buffer separating commercial,industrial, or agricultural zoned lands fromneighborhoods.”“Organize commercial uses in nodes to avoiddeteriorating corridors.”“Within Industrial Areas, allow some landto be designated for other compatible usesof commercial employment, to encouragestable employment base.”“Clustering potentially hazardousindustries into a limited number (given thesize of San Angelo) of larger, isolatedareas will minimize negative effects onresidential areas, while balancing accessto these businesses within the region,rather than putting all of them into onelocation.”Special InformationTraffic Concerns: Changing the zoning from residential tocommercial will certainly generate additional trafficthan if the property remained as is. Jackrabbit isdesigned to accommodate appropriatecommercial traffic. Businesses that would locatethere will most likely attract customers specific tothe business, and not the general public asexperienced with other commercial zoningdesignations.Parking Requirements: Vary depending upon the use of the property.Retail sales and repair shops require 1 space forevery 200 square feet of floor area. Warehousesrequire 1 space per every 4 employees.Parking Provided: no parking spots are currently provided on the lotsDensity: Predominantly large tracts of undeveloped land inthe surrounding areas. The Vision Plan also callsfor a continuation of the future development of thisarea as Commercial, creating a commercial hubbetween Industrial and Rural uses.
  • 60. Notification Required: YesNotifications Sent: 6Responses in Favor: 1Responses in Opposition: 1Analysis:In order to approve this zone change request, the City Council members are firstrequired to consider the following criteria:1. Compatible with Plans and Policies. Whether the proposed amendment is compatiblewith the Comprehensive Plan and any other land use policies adopted by the PlanningCommission or City Council.2. Consistent with Zoning Ordinance. Whether and the extent to which the proposedamendment would conflict with any portion of this Zoning Ordinance.3. Compatible with Surrounding Area. Whether and the extent to which the proposedamendment is compatible with existing and proposed uses surrounding the subject landand is the appropriate zoning district for the land.4. Changed Conditions. Whether and the extent to which there are changed conditionsthat require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposedamendment would result in significant adverse impacts on the natural environment,including but not limited to water and air quality, noise, storm water management,wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendmentaddresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendmentwould result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.Because existing development in the area surrounding the subject property primarilyinvolves businesses of a heavy industrial nature, and because the Vision Plan calls forthe area to be commercially zoned in the future, staff finds that this zone change is inkeeping with the first three Criteria listed above. A zone change here would not requireany consideration for a Vision Plan amendment as the proposed zoning is commercialand the Vision Plan calls for commercial zoning.
  • 61. Also, a zone change here would be consistent with the Zoning Ordinance by providing atransitional zone between the more heavily industrial uses along the east side ofChristoval Road such as where the Industrial Park is located, and the swaths of landrunning adjacent to the South Concho River, alleviating possible nuisances such asnoise, pollution and visual eyesores that can be produced by heavy industrialmanufacturing, next to a long-term rural and environmentally sensitive area.Also noteworthy is that the South Concho River is buffered not only from JackrabbitTrail and an embankment measuring about 6 feet in height that runs along the west sideof Jackrabbit Trail, but also by a 100 foot wide AEP utility R.O.W. Therefore, staff hasfound that development patterns are consistent with the Vision Plan, which is in keepingwith Criteria 1. The compatibility with surrounding uses just discussed is in keeping withCriteria 3 which seeks compatibility with existing and proposed uses.Additionally, the majority of existing uses and proposed zoning compliments an areathat is not comprised of residential neighborhoods yet can serve the commercial needsof heavy industry with easy access to both South Chadbourne Street and ChristovalRoad, both which are classified as “arterial streets.” Development in the area betweenJackrabbit Trail and Christoval Road consistently lends itself to businesses of a moreindustrial use and away from residential development. These businesses include anelectric company that services the oilfield industry, a tool manufacturing warehouse, awelding shop, an oilfield business, and businesses that store a variety of heavyequipment.Area industry needs commercial nodes that are not in conflict with those associated withpersonal use such as grocery stores and retail businesses that serve neighborhoods,for just a few examples. Industry located on the east side of Christoval Road couldbenefit from an industrial commercial node such as is proposed by the applicant, whoseeks to provide a location from which to provide a place to service oil field industryequipment. Additionally, staff notes that placing a commercial zoning district betweenthis more heavy industrial node and the much more gentler, rural use running farther thewest of the property along the South Concho River, will serve, again, as a bettertransition between the industrial and rural uses than if heavy manufacturing were placedright next to the river.Current conditions would definitely change on the subject property and the surroundingarea as a result of a zone change, however since the property would not typicallygenerate a flow of general public customers, the area may not experience trafficcongestion that might be found with public retail ventures.In addition to changed conditions, the effects on the natural environment will changehere. Truck traffic will be accessing the property off of Jackrabbit Trail and materialsmay be stored on site. The subject property contains a 1250 ft2shop which would beput to use as an office. Adding a 5,000 ft2shop will reshape the vacant property andtake away from the existing permeable surface as would the required paving for parkingspaces. However, since the area is among large tracts of land, runoff most likely will notaffect neighboring properties. The likelihood of this property or even the area reverting
  • 62. back to a more rural nature is most improbable, especially given the trends in growth tothe area as discussed in the “History and Background” section of this report.A zone change to CH on the subject property would continue to meet a communityneed. If the property is developed as proposed, there may be an opportunity to providejobs. Additionally, given recent developments in the oilfield industry, there is a demandfor properties where services to that industry can be provided. An added bonus at thislocation is that it is not along a major gateway into the city.Again, area development patterns show a trend towards industrial related businesses;particularly those involved with oilfield services. This illustrates that the proposed zonechange is in accord with Criteria 7. As the area continues to develop, it is likely thatcurrent R&E zoning on nearby properties will undergo zone changes to accommodatethe demand for industrial enterprises.Proposed ConditionsN/AAttachments: excerpt from zoning map, showing the general location withinthe City of San Angelo;excerpt from the comprehensive plan vision map highlightingthe subject property;excerpt from zoning map, highlighting subject property;aerial photo, highlighting subject property;excerpt of the favor/opposition notification map;citizen response;draft minutes from April 15, 2013 Planning CommissionMeeting; anddraft ordinance.Presentation: Roxanne Johnston, PlannerReviewed by: Jeff Hintz, Interim Senior Planner ()
  • 63. E. Z 13-18: Loren EdwardsA request for approval of a zone change from Ranch & Estate (R&E) toHeavy Commercial (CH) to allow for Industrial Service as defined in Section316.A of the Zoning Ordinance on the following property:4398 Jackrabbit Trail; located approximately 1,390 feet northeast from theintersection at Jackrabbit Trail and South Chadbourne Street. This propertyspecifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B,south central San Angelo.Roxanne Johnston, Planner, came forward to present this request, consistentwith the staff recommendation of approval. The property was illustrated on amap, and surrounded by R&E and CH zoning. There is a single building on thesubject property that the property owner intends to utilize. The Vision Plan callsfor this area to be a type of "commercial" designation. On a broader scale, thisis part of a substantial strip of "commercial" which is bordered by "open space"to the west and "industrial" to the east on the Vision Plan map. Ms. Johnstonexplained how the criteria of the Zoning Ordinance were applied to theapplication and that it appeared to be consistent with what was requested.Loren Edwards, the property owner, came forward to speak in favor of thisrequest. He is intending to utilize this property by upgrading the building on-sitefor an office space and then add a 5,000 sq ft building for vehicle maintenanceand parking areas and security fencing. This area is emerging as an area forthe oilfield industry, so this fits into that type of development.Bill Lawrence asked if the items which CH covers includes all of the possibilitiesthat Mr. Edwards is considering. Roxanne Johnston reviewed all of thosepossibilities and added that Mr. Edwards proposal is consistent with that list. BillLawrence asked Mr. Edwards about his experience in working with city staff,and Mr. Edwards stated that it has been great and that the staff was very helpfulin showing him how to navigate the process.No one else came forward to speak in favor or in opposition to the zone change.Motion, to approve as presented, was made by Ryan Smith and seconded byDarlene Jones. The motion passed unanimously, 6-0.
  • 64. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OFORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OFCHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND AZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BYCHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWINGPROPERTY, TO WIT: 4398 Jackrabbit Trail; located approximately 1,390 feetsoutheast from the intersection at Jackrabbit Trail and South ChadbourneStreet. This property specifically occupies the Concho River Estates, 2.4170Acres in Tract 19-B, south central San Angelo, changing the zoningclassification from a Ranch & Estate (R&E) to a Heavy Commercial (CH)District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 13-18: Loren EdwardsWHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO:SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 4398Jackrabbit Trail; located approximately 1,390 feet southeast from the intersection atJackrabbit Trail and South Chadbourne Street. This property specifically occupies theConcho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo shallhenceforth be permanently zoned as follows: Heavy Commercial (CH) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning.SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended.SECTION 3: That the following severability clause is adopted with this amendment:SEVERABILITY:
  • 65. The terms and provisions of this Ordinance shall be deemed to be severable in that,if any portion of this Ordinance shall be declared to be invalid, the same shall notaffect the validity of the other provisions of this Ordinance.SECTION 4: That the following penalty clause is adopted with this amendment:PENALTY:Any person who violates any provisions of this article shall be guilty of amisdemeanor and, upon conviction, shall be subject to a fine as provided for inSection 1.106 of the Code of Ordinances for the City of San Angelo. Each day ofsuch violation shall constitute a separate offense.INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 18th day of June, 2013.THE CITY OF SAN ANGELO____________________________________Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 66. City of SanAngeloMemoMeeting Date: June 4, 2013To: City Council membersFrom: Roxanne Johnston, PlannerSubject: Z 13-12: NE Interest- Charlie NicholasA request for approval of a zone change from Ranch &Estate (R&E) to a High Rise Multifamily Residential (RM-2)District to allow for “Household Living” as defined in Section313.B of the Zoning Ordinance as allowed in RM-2 zoningdistricts on the following property:Location: An unaddressed tract of land; specifically occupying 15.00acres of land out of the Deaf & Dumb Asylum LandsSurvey 2, Abstract 82. This property occupies a proposedFinal Plat of the Boulevard San Angelo, Section 2, BlockD, Lot 1 in far southwest San Angelo.Purpose: Approval of this request would designate the subjectproperty as a High Rise Multifamily Residential (RM-2)Zoning District.Contacts: Charlie Nicholas, Owner of NE Interests 972-221-0095Roxanne Johnston, Planner 325-657-4210Contacts: First Public Hearing and consideration of introduction of anOrdinance amending Chapter 12, Exhibit “A” (ZoningOrdinance) of the Code of Ordinances, City of San AngeloZ 13-12: NE Interests- Charlie NicholasAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”OF THE CODE OF ORDINANCES, CITY OF SANANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF
  • 67. CHAPTER 12 ADOPTS ZONING REGULATIONS, USEDISTRICTS AND A ZONING MAP, IN ACCORDANCEWITH A COMPREHENSIVE PLAN, BY CHANGING THEZONING AND CLASSIFICATION OF THE FOLLOWINGPROPERTY, TO WIT: An unaddressed tract of land;specifically occupying 15.00 acres of land out of theDeaf & Dumb Asylum Lands Survey 2, Abstract 82. Thisproperty occupies a proposed Final Plat of TheBoulevard San Angelo, Section 2, Block D, Lot 1 in farsouthwest San Angelo, changing the zoningclassification from a Ranch & Estate (R&E) to a HighRise Multifamily Residential (RM-2) District; PROVIDINGFOR SEVERABILITY AND PROVIDING A PENALTYSummary: The City Council may:(1) Approve the proposed zone change as requested; or(2) Remand the application back to Planning Commission for furtherdiscussion, in which case another public hearing will need to bescheduled; or(3) Deny the proposed zone change.Recommendation: Planning staff recommends approving the proposedZone Change.Planning Commission recommended approval of this request by a vote of 6-0 onMay 20, 2013.History and Background:The subject property is located within a newly annexed area surroundedby other newly annexed properties that are undergoing newdevelopment. The approval of this zone change will allow the applicant toconstruct a multi-story, multi-family residential apartment complex on thiscurrently vacant property. It is situated southwest of The BLVD, a multi-family apartment development owned by the applicant, zoned CG, andnorthwest of the latest Prestonwood Addition subdivision, which wasannexed in March and then zoned RS-1 in April of this year.Appaloosa Trail, not yet built, will border the proposed subject property,to the southwest. Appaloosa Trail is included in the Thoroughfare Plan
  • 68. and is shown as a future minor collector street that will loop throughproperties to the west of South FM 2288, meander south and then east toconnect with Pinon Ridge Drive, in the far southern section of SanAngelo.The nearest public school is Bonham Elementary School, which islocated on Southland Boulevard about a mile from the subject property,but will eventually enjoy nearer access once Appaloosa Trail connectswith Pinon Ridge Drive. Additionally, the City of San Angelo Fire Station 2is located near the school, so the subject property is located near to thisservice as well.General InformationExisting Zoning: Ranch & Estate (R&E)Existing Land Use: Vacant propertySurrounding Zoning/Land Use:North: CG multi-family housingWest: RS-1 single-family residencesSouth: R & E &unzonedvacant propertyEast: unzoned vacant propertyThoroughfares/Streets: Appaloosa Trail, not yet constructed, isdefined as a “collector street” whichprovides direct access to residential,commercial and other land uses.Zoning History: The subject property was annexed into theCity on February 21, 2013, and perSection 303.A of the Zoning Ordinance,was subsequently designated as an R&EZoning District, as is any newly annexedland, in order, in this case, to “serve as aholding zone for vacant land areasannexed into the City.”Applicable Regulations: Allowed uses for this property can befound in Section 310 (Use Table) of theZoning Ordinance.Development Standards: Zoning Ordinance, Section 501.A.Minimum Lot Area – 20,000 sq ftMinimum Lot Dimensions – 100x150 feet
  • 69. Minimum Front Yard – 25 ftMinimum Side Yard – 10 ft per sideMinimum Rear Yard – 20 ftMaximum Floor Area Ratio – 1.00Maximum Height – noneDensity (units per acre) - 35Vision Plan Map: Neighborhood and CommercialComp Plan Excerpts: “Create new physical connections toneighborhoods lined with transitional andintermediate uses.""Promote neighborhood diversity andsecurity by encouraging a mix of age,income, and housing choices within SanAngelos neighborhoods.”“All residents within each neighborhoodboundary should be able to meet their dailyneeds within a reasonable and accessibledistance from their home.”"Variety of residential product types -multi-family, townhomes, courtyard homes,patio homes, etc.""Coordinate with San Angelo IndependentSchool District (SAISD) to improvewalkability and connections betweenneighborhoods and nearby schools."Special InformationTraffic Concerns: There are currently no traffic concerns asthis area has not been developed and hasno “local” streets. A zone change from nodensity to a residential zoning district willno doubt increase density and trafficimpacts on the area. Appaloosa Trail willbe the access point for this property andshall be built according to the City’ssubdivision ordinance requirements.The impact of future local streets will bedetermined as the area is subdivided andplans are submitted to the PlanningDivision for approval.Parking Requirements: Zoning Ordinance Section 511.B.
  • 70. Multifamily Dwelling:1 Bedroom Apartment: 1.5 spaces/unit2 Bedroom Apartment: 1.75 spaces/unit3 Bedroom Apartment: 2.0 spaces/unitSection 511.D.1.“All required off-street parking spaces shallbe located on the same lot or tract of land asthe building and/or activity they are intendedto serve”Section 511.F.3.“All areas used for required off-street parkingshall be paved”Density: The property is currently undeveloped withno internal street access. A high-densityproperty, The BLVD apartments lies to thenortheast.Notification Required: YesNotifications Sent: 3Responses in Favor: 1Responses in Opposition: 0Analysis:In order to approve this zone change request, the City Council members are firstrequired to consider the following criteria:1. Compatible with Plans and Policies. Whether the proposed amendment is compatiblewith the Comprehensive Plan and any other land use policies adopted by the PlanningCommission or City Council.2. Consistent with Zoning Ordinance. Whether and the extent to which the proposedamendment would conflict with any portion of this Zoning Ordinance.3. Compatible with Surrounding Area. Whether and the extent to which the proposedamendment is compatible with existing and proposed uses surrounding the subject landand is the appropriate zoning district for the land.4. Changed Conditions. Whether and the extent to which there are changed conditionsthat require an amendment.
  • 71. 5. Effect on Natural Environment. Whether and the extent to which the proposedamendment would result in significant adverse impacts on the natural environment,including but not limited to water and air quality, noise, storm water management, wildlife,vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendmentaddresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendmentwould result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.Staff finds that this zone change request is compatible with the plans and policiesset forth in the Comprehensive Plan and Zoning Ordinance. To begin with, thesubject property is located in an area undergoing rapid development; most ofwhich is in keeping with the Vision Plan whereby residential and commercialnodes are clustered in such a manner as to maintain smooth transitions betweenzones and uses. A goal of the Comprehensive Plan is to “Promote neighborhooddiversity and security by encouraging a mix of age, income, and housing choiceswithin San Angelos neighborhoods” because this diversity lends itself to a higherpotential of walk-able, more pedestrian friendly development with less reliance onmotorized transportation which could yield more negative environmental impacts.This close proximity to commercial uses may also provide area retailers andbusinesses a steady potential employment base as well as a customer base asthe area continues to grow.The plan for the subject property and the rezoning are consistent and compatiblewith development patterns in the area. Much of the area that has been developedalong Sherwood Way to the east has happened within the past 10 years. WithSherwood Way being a major corridor to the City from the west, there is anopportunity to ensure that area development continue to be done intelligently andpredictably with thought to all of the criteria listed above. The advantage tozoning newly annexed land Ranch & Estate is that a thoughtful, orderly mannerof development that best fits in with the overall area picture as outlined in theComprehensive Plan can be evaluated and discussed with the PlanningCommission and community through the re-zoning process. It is imperative thatthe proposed development with this zone change request fits in with not onlynewer development, but also the City as a whole, with a focus on connectivityand smooth transitions between zoning districts and land uses.Another reason that this zone change request fits in with city plans and policiescan be found in the area’s Vision Plan and Comprehensive Plan. The subjectproperty shows diagonal sections of the Vision Plan whereby the northwestsection is primarily commercial and the majority of the northeast and southeastsection calls for neighborhood development. The location of the property is notonly near to similar multi-family residential uses to the northeast, but it also
  • 72. enjoys a location whereby there are multiple commercial opportunities nearby(within a half mile) making for easy access to daily needs shopping, access tomedical offices, and also future public transportation stops to be located alongSherwood Way. The proposed higher density apartments could provide anexcellent transition of uses, in this instance, between RS-1 and commercialzoning, which is a component of the Comprehensive Plan which seeks to “Createnew physical connections to neighborhoods lined with transitional andintermediate uses." The Comprehensive Plan also calls for residents to be ableto meet their daily needs within a reasonable distance from where they live.This request for a residential use zoning designation of RM-2 is compatible with arecent annexation and residential zone change this year that included a newsection of the Prestonwood Addition to the southeast of the subject property aswell as the CG zoning district where The BLVD apartments are located.Additionally, unlike some zoning districts that require Conditional Uses or otherzoning tools to bring a use into a zone that otherwise wouldn’t allow it, RM-2zoning is specific to the use itself and would need no amendment; therefore,there is no need to rezone this property in the future providing the plans to buildthese apartments go forward.Although there will certainly be an impact on the environment with this requestsince the property is vacant and has never been developed, any developmentwould create an environmental impact here. Due to the size of the proposedproject, notwithstanding the platting process itself, it will be required to undergoan Urban Design Review by City staff because it will contain over 25,000 squarefeet. The Urban Design Review will examine visual impacts on surroundingproperties and roadways. The platting process will ensure that all drainagestudies and environmental impacts, for example, will be addressed.By zoning this property RM-2, the applicant is steering away from another zonechange to a commercial or even an industrial zoning designation which is often apopular request and inquiry about properties along the corridors into thecommunity. However, staff finds that a zone change here continues to addressthe community need for housing and housing choices and also constitutes thehighest and best use of the property. As such, an amendment to the Vision Planwould not be required with this particular request since it is compatible with thePlan as proposed.In conclusion, staff had found this request to be consistent with all seven criteriamandated of the request and therefore recommends approval of this zoningchange.Attachments: excerpt from zoning map, showing the general locationwithin the City of San Angelo;
  • 73. excerpt from zoning map, highlighting subjectproperty;aerial photo, highlighting subject property; andexcerpt from the Comprehensive Plan Vision maphighlighting the subject property.excerpt of the favor/opposition notification map;citizen Response;draft minutes from April 15, 2013 PlanningCommission Meeting; anddraft ordinance.Presentation: Roxanne Johnston, PlannerReviewed by: Jeff Hintz, Interim Senior Planner ()
  • 74. A. Z 13-12: NE InterestsA request for approval of a zone change from Ranch & Estate (R&E) to a HighRise Multifamily Residential (RM-2) District to allow for household living asdefined in Section 313.B of the zoning ordinance as allowed in RM-2 zoningdistricts on the following property:An unaddressed tract of land; specifically occupying 15 acres of land out of theDeaf & Dumb Asylum Lands Survey 2, Abstract 821. This property occupies aproposed Final Plat of The Boulevard San Angelo, Section 2, Block D, Lot 1 in farsouthwest San Angelo.Roxanne Johnston, Planner, came forward to present this request, consistent withthe staff recommendation of approval. Three notifications were sent out inconjunction with this request. One was returned in favor of the request. Theproperty is in far southwest San Angelo, occupying property that has recently beenannexed by the City of San Angelo. The Vision Plan calls for this area to acombination of "neighborhood" and "commercial" usage. Ms. Johnston reviewed thecriteria of approval from the zoning ordinance that are examined for every zoningchange request. This proposal was found to be compatible with all of these criteria
  • 75. and is in line with all of the different planning documents which address this area.This will provide a nice transition between the surrounding low-density subdivisionsand the nearby commercial offerings along Sherwood Way. Development along thisarea also provides residential offerings which are easily within walking distance fromthe apartment complex site.Bill Lawrence asked Ms. Johnston about whether or not a traffic light will be placedat this intersection. Mr. Hintz, Senior Planner, clarified that Sherwood Way is aTxDOT right-of-way and thus, any traffic mitigation devices would be handled bytheir group.No one came forward to speak on the item.Motion, to approve as presented, was made by Darlene Jones and seconded byValerie Priess. The motion passed unanimously, 6-0.”AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OFORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OFCHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND AZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BYCHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWINGPROPERTY, TO WIT: An unaddressed tract of land; specifically occupying15.00 acres of land out of the Deaf & Dumb Asylum Lands Survey 2,Abstract 82. This property occupies a proposed Final Plat of the BoulevardSan Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo,changing the zoning classification from a Ranch & Estate (R&E) to a HighRise Multifamily Residential (RM-2) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYRE: Z 13-12: NE Interests- Charlie NicholasWHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; NOW THEREFORE,
  • 76. BE IT ORDAINED BY THE CITY OF SAN ANGELO:SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: anunaddressed tract of land; specifically occupying 15.00 acres of land out of the Deaf &Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a proposed Final Platof the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, shallhenceforth be permanently zoned as follows: High Rise Multifamily Residential (RM-2)District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning.SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended.SECTION 3: That the following severability clause is adopted with this amendment:SEVERABILITY:The terms and provisions of this Ordinance shall be deemed to be severable in that,if any portion of this Ordinance shall be declared to be invalid, the same shall notaffect the validity of the other provisions of this Ordinance.SECTION 4: That the following penalty clause is adopted with this amendment:PENALTY:Any person who violates any provisions of this article shall be guilty of amisdemeanor and, upon conviction, shall be subject to a fine as provided for inSection 1.106 of the Code of Ordinances for the City of San Angelo. Each day ofsuch violation shall constitute a separate offense.INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 18th day of June, 2013.THE CITY OF SAN ANGELO
  • 77. ____________________________________Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 78. City of San AngeloMemoMeeting Date: June 4, 2013To: City Council membersFrom: Kevin Boyd, PlannerSubject: Z13-16: OK Holdings, LLC, a request for approval of a zone changefrom Heavy Commercial (CH) to Office Warehouse (OW) to allow foroffice use, on the following property:Location: An unaddressed 5 acre tract, located approximately 900 feetnorthwest of the intersection of Link Road and Christoval Road;more specifically occupying a proposed replat of the Concho RiverEstates, Lot 35B, in southern San Angelo.Purpose: Approval of this request would zone the property Office Warehouse(OW)Contacts: OK Holdings, LLC, Representative 940-393-6502Kevin Boyd, Planner 325-657-4210Caption: First Public Hearing and consideration of introduction of an Ordinanceamending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code ofOrdinances, City of San AngeloZ13-16: OK Holdings, LLCAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THECODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICHSAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS,USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING ANDCLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: Anunaddressed 5 acre tract, located approximately 900 feet northwestof the intersection of Link Road and Christoval Road. This propertyspecifically occupies the Concho River Estates, Lot 35B, in southernSan Angelo, changing the zoning classification from Heavy
  • 79. 2Commercial (CH) to Office Warehouse (OW) District; PROVIDINGFOR SEVERABILITY AND PROVIDING A PENALTYSummary: The City Council may:(1) Approve the proposed zone change as requested; or(2) Modify the application to some alternative zoning classification believed to bemore appropriate; or(3) Deny the proposed zone change, altogether.Recommendation: Planning staff recommends approving the proposed zonechange request from Heavy Commercial (CH) to Office Warehouse (OW).Planning Commission recommended approval of this request by a vote of 6-0 on May20, 2013.
  • 80. 3History and Background:General InformationExisting Zoning: Heavy Commercial (CH)Existing Land Use: Vacant, undeveloped lotSurrounding Zoning/Land Use:North: Heavy Commercial (CH) andHeavy Manufacturing (MH)Warren CAT (heavy equipment &caterpillar dealer), Party Ranch(night club) , Ingram EnterprisesPlant (concrete facility) and J&JService, vacant landWest: Heavy Commercial (CH), Ranch& Estate (R&E) and PlannedDevelopment (PD)vacant land and US Highway 87and Loop 306 InterchangeSouth: Heavy Commercial (CH) andHeavy Manufacturing (MH)Smith Oilfield Services, San-texself-storage, Communication Etc(communication services,telecommunication consultants)vacant land and open spacesEast: Heavy Commercial (CH),Manufactured Housing Park(MHP) and Ranch & Estate(R&E)J & Ts Welding, LLC, High QIncorporated (vehicle, tire andcomponent testing services),Garco Contracting Company, Inc.(general contractor), HamiltonOilfield Services, Inc, ChaparralMobile Home ParkThoroughfares/Streets: Link Road is identified as a ‘local street’, designedto carry light neighborhood traffic at lower speedsand generally connects to collector streets.US Highway 87 and Christoval Road are identifiedas "arterial streets" and are designed to connectcollector streets to freeways and other arterialscarrying large volumes of traffic at high speeds.Access is secondary and mobility is the primaryfunction of these streets.West Loop 306 is identified as a "Freeway",designed to carry heavy traffic at high speeds.The roadway is void of traffic signals or stop signsto allow for a unobstructed, seamless flow.
  • 81. 4Zoning History: The property was designated as HeavyCommercial (CH) when it annexed into the city in1997.Applicable Regulations: Non-residential development standards areoutlined in Section 502 of the Zoning Ordinance.Development Standards: All required off-street parking and theconnection(s) to a public right-of-way are requiredto be paved.Vision Plan Map: IndustrialRelated Comp Plan Excerpts: Intent of Industrial in the ComprehensivePlan is to, “[dedicate areas for] supporting thelocal economy while mitigating some of theirpotentially undesirable secondary effects onnearby residences.”“Require a buffer separating commercial,industrial, or agricultural zoned lands fromneighborhoods.”“Establish transition areas betweencommercial areas and nearbyneighborhoods.”Special InformationTraffic Concerns: Changing the zoning has the potential to generateadditional traffic than if the property remained as-is. Both CH and OW zoning allow for warehouseand freight movement. Currently the lot remainsvacant and no traffic is generated by the site.Parking Requirements: Vary depending upon the use of the property, seeSection 511 of the Zoning Ordinance.Parking Provided: No parking exists on the property, oncedevelopment occurs on the site parking will berequired.Density: Some large tracts of undeveloped land in thesurrounding areas. Uses vary from medium tohigh intensity, commercial and industrial
  • 82. 5development. The Vision Plan calls for Industrialtype development in the area.Notification Required: YesNotifications Sent: 1Responses in Favor: 0Responses in Opposition: 0Analysis:In order to approve this zone change request, the City Council members are first requiredto consider the following criteria:1. Compatible with Plans and Policies. Whether the proposed amendment is compatiblewith the Comprehensive Plan and any other land use policies adopted by the PlanningCommission or City Council.2. Consistent with Zoning Ordinance. Whether and the extent to which the proposedamendment would conflict with any portion of this Zoning Ordinance.3. Compatible with Surrounding Area. Whether and the extent to which the proposedamendment is compatible with existing and proposed uses surrounding the subject landand is the appropriate zoning district for the land.4. Changed Conditions. Whether and the extent to which there are changed conditionsthat require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposedamendment would result in significant adverse impacts on the natural environment,including but not limited to water and air quality, noise, storm water management,wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendmentaddresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendmentwould result in a logical and orderly pattern of urban development in the community.
  • 83. 6The staff recommendation is based upon the statements listed below.The subject property is a five acre lot, carved out of a 17 acre tract of the Concho RiverEstates subdivision (the proposed lot is referred to as Lot 35B). The property is currentlyzoned Heavy Commercial (CH) which provides opportunities for businessestablishments to store unsightly outside materials and/or merchandise. Proponents ofthe request – Devon Energy, a US based natural gas and oil production company –seek a zone change to Office Warehouse (OW) with plans to construct a regional officeon the site. The change to OW reflects aspects of the Comprehensive Plan, as the long-range Plan envisions industrial-related development in the area. Offices will be allowedby-right as a primary use. The zoning enables greater flexibility in development andprovides opportunities for limited outdoor storage with a screening requirement. If thiszone change request is approved, no changes will be needed to amend the currentVision Plan Map of the Comprehensive Plan.This request is consistent with aspects of the Zoning Ordinance. CH zoning does notallow for offices as a primary use. OW zoning is the least intensive industrial districtand is intended to provide opportunities for development of low intensive industrialdevelopment. Examples of uses allowed by-right in an OW zone include offices, self-storage facilities, industrial services, warehouse and freight movement and wholesaletrade – uses that fit within the use categories of ‘Rental Equipment’ and ‘Vehicle Repair’require a conditional use. OW is preferred over of CO because the Comprehensive Planenvisions industrial development; CO zoning is not consistent with this vision. Staffbelieves it is important to reiterate that zone changes often endure far longer thanintended uses, and, if approved, this zone change will remain as-is for the life of theproperty – unless another request is made to rezone the property. ML and MH zoningboth allow office use by-right, however, neither would be ideal given that the site ishighly visible from a major highway interchange. Also, MH zoning allows for intensiveuses such as meatpacking, slaughterhouse, coal production and oil refinery through aconditional use process. The city has three categories or types of outdoor storage – OWfollows under Type 2: Limited Outdoor Storage, per Section 504 of the Ordinance. Whilethe district allows for outdoor storage opportunities, special consideration has beengiven to ensure that such uses are compatible with surrounding environment. ThisSection essentially allows for outdoor merchandise, materials or equipment to be storedon-site, but it can only exceed 1,000 square feet or 10 percent of the lot area(whichever is greater); if a 6 foot (minimum) opaque fence is erected to completelyscreen the items from public view, the outdoor storage requirement is unlimited.Relative to other parts of the city, the area remains somewhat sparsely developed.While the area is comprised of several large undeveloped tracts, existing uses rangefrom low to heavy intensity industrial. Within 800 feet of the property to the east, alongChristoval Road, there is a small mobile home park. Residences exist half a mile awayto the east along South Gas Plant Road, and points north along South Bryant Frontageand west (roughly a 1/3 mile in either direction). Many of the uses in the area are oil
  • 84. 7field related – uses categorized as ‘Industrial Service’ in the Zoning Ordinance (refer toSection 316). The subject property and many of the lots surrounding the site are zonedHeavy Commercial (CH). Heavy Manufacturing (MH), Manufactured Housing Park(MHP) and Ranch & Estate (R&E) zoning also exist in the area. The proponents madethe request to subdivide Lot 35 of the Concho River Estates subdivision into twoseparate lots – Lot 35A and 35B – only the newly created Lot 35B is subjected forrezoning, the remainder of the tract will remain CH (refer to the plan below).This zone change from CH to OW, allows for office development as a primary use,which is prohibited under the current zoning. OW also provides opportunities for othertypes of low intensive industrial development – notably warehouses and self-storagefacilities. As previously mentioned, OW has a designated Type 2 outdoor storage – CHhas a Type 3 storage which, in many cases, allows unlimited outdoor storage withoutscreening requirement, refer to Sections 504 and 509 of the Zoning Ordinance.Depending on the intensity of the use, the transition may have an effect on the naturalenvironment. OW allows for a variety of industrial uses – some low to medium intensity.The general idea is to cluster intensive uses that are industrial in nature, into a fewisolated areas within the city-limits. There are a few water sources in the area, the mostnotable is the South Concho River which flows south to north and measures roughly a1/2 mile to the west – other features include a series of creeks and small lakes, GrandCanal runs to the south of the property, less than a mile away. OW is the least intensiveindustrial zone – some low intensity uses allowed in the district are self-storage facilitiesand offices; industrial service is an example of a more intensive use permitted in thedistrict. Given that such resources exist nearby, OW is certainly more suitable for thearea than ML or MH zoning. The lot is currently serves as a vacant, barren tract.Recently, there has been an effort to clear all remaining vegetation and debris, thisrequest will allow for open opportunities in land development (subject to zoning andgeneral development standards outlined in the Ordinance).The requested zoning represents a community need. There is a general lack of OWzoning in the area. OW zoning will allow for low to medium intensive industrial and officedevelopment on the site. OW is currently an underutilized zoning district in the city andthe area in question is an suitable site – in that there is easy access to the site, similarsurrounding uses, and the fact that aspects of the infrastructure can support usesallowed in the district.The site boasts close proximity to two major highways – US Highway 87 and West Loop306, which are accessible from Christoval Road from the north and to Link Road fromthe south and east. The highway interchange is within 150 feet, will allow for quickaccess for transporting goods, an important factor in the manufacturing and productionfield (if the site is ever developed in such a manner). Such closeness also makes thesite highly visible - staff recommends the proposed zoning because it is compatible withthe citys long-range Plan and will limit development for low to medium intensive uses
  • 85. 8relative to the other industrial districts. Devon Energys proposal to develop the site foran office use will be a great addition to the area and will serve as a gateway landmarkwhen entering the city. The proposed zoning provides a buffer from the highways andmore intensive zoning, to the north and east of the property. Finally, attached in thereport is the engineering plan which shows the proposed internal driveways recentlyapproved by TxDOT for the subdivision in question (refer to the engineering plan).Proposed ConditionsN/AAttachments: TxDOT approved engineering plan (submitted in April 2013).Excerpt from zoning map, showing the general location withinthe City of San Angelo;Excerpt from zoning map, highlighting subject property;Aerial photo, highlighting subject property;Excerpt from the comprehensive plan vision map highlightingthe subject property;Excerpt of the favor/opposition notification map;Draft minutes from 05/20/13 Planning Commission Meeting;andDraft Ordinance.Presentation: Kevin Boyd, PlannerReviewed by: Jeff Hintz, Interim Senior Planner (05/09/13)
  • 86. 9
  • 87. 11
  • 88. 12
  • 89. 13
  • 90. 14
  • 91. B. Z 13-16: OK Holdings LLCA request for approval of a zone change from Heavy Commercial (CH) to OfficeWarehouse (OW) to allow for office use as defined in Section 315.D of theZoning Ordinance, on the following property:An unaddressed 5 acre tract, located approximately 900 feet northwest of theintersection of Link Road and Christoval Road; more specifically occupying aproposed replat of the Concho River Estates, Lot 35B, in southern San Angelo.Kevin Boyd, Planner, came forward to present this request, consistent with the staffrecommendation of approval. Only one notification was required to be sent, and thisnotification was not returned. Mr. Boyd reminded the Commission that this propertywas recently submitted as part of a replat exercise, which the Commission didapprove as part of the consent agenda, earlier in the meeting. The Vision Plan doescall for "industrial" for this site. Mr. Boyd showed some photos of the surroundingarea. Mr. Boyd stated that the application for zone change was consistent with thecriteria contained within the zoning ordinance and reviewed in the previouspresentation. The current zoning does not allow for "office use" as a primary use;however, the proposed request of OW does allow as such, in addition to addingsome types of usage which are more intensive than offices, allowing flexibility. Thisis consistent with the surrounding uses, and takes into consideration the proximity tomajor highways with its screening requirement, and providing a better transition intoa larger industrial type of area (to the north, east, and southeast of the site). Mr.Boyd did outline the outdoor storage restrictions, and the threshold which triggersscreening.Mr. Wynne asked if this zone change would affect surrounding CH properties. Mr.Lawrence asked if staff had considered this as an entrance point into the city. Mr.Boyd explained that the staff recommendation was largely based upon this fact andthe opportunity for OW to assist in maintaining this entrance point.No one came forward to speak on this request.Motion, to approve as presented, was made by Ryan Smith and seconded byDarlene Jones. The motion passed unanimously, 6-0.
  • 92. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODEOF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT“A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTSAND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVEPLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, locatedapproximately 900 feet northwest of the intersection of Link Road andChristoval Road. This property specifically occupies the Concho RiverEstates, Lot 35B, in southern San Angelo, changing the zoningclassification from Heavy Commercial (CH) to Office Warehouse (OW)District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 13-16: OK Holdings, LLCWHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO:SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: Anunaddressed 5 acre tract, located approximately 900 feet northwest of theintersection of Link Road and Christoval Road. This property specifically occupiesthe Concho River Estates, Lot 35B, in southern San Angelo, shall henceforth bepermanently zoned as follows: Office Warehouse (OW) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning.SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended.SECTION 3: That the following severability clause is adopted with this amendment:
  • 93. SEVERABILITY:The terms and provisions of this Ordinance shall be deemed to be severable in that,if any portion of this Ordinance shall be declared to be invalid, the same shall notaffect the validity of the other provisions of this Ordinance.SECTION 4: That the following penalty clause is adopted with this amendment:PENALTY:Any person who violates any provisions of this article shall be guilty of amisdemeanor and, upon conviction, shall be subject to a fine as provided for inSection 1.106 of the Code of Ordinances for the City of San Angelo. Each day ofsuch violation shall constitute a separate offense.INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 18th day of June, 2013.THE CITY OF SAN ANGELO____________________________________Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 94. City of SanAngeloMemoMeeting Date: June 4, 2013To: Planning Commission membersFrom: Jeff Hintz, Interim Senior PlannerSubject: Z 13-19 Rocky Spoonts, A request for approval of a zonechange from Low Rise Multi-Family Residential (RM-1) toOffice Commercial (CO) to specifically allow for offices asdefined in Section 315.D of the Zoning Ordinance on thefollowing property:Location: 815 South Abe Street, located on the northwest corner of theintersection of South Abe Street and West Washington Avenue.This property specifically occupies the Park Heights addition,Block 16, east 145 feet of lots 9-10, and the south 37 feet of theeast 145 feet of Lot 8 in central San Angelo.Purpose: Approval or modification of this request by the PlanningCommission would forward that recommendation to CityCouncil for a final decision on the matter.Contacts: Rocky Spoonts, Realtor 325-949-7719Jeff Hintz, Planner 325-657-4210Caption: First Public Hearing and consideration of introduction of an Ordinanceamending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code ofOrdinances, City of San AngeloZ 13-19: Rocky SpoontsAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THECODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICHSAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, INACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING
  • 95. THE ZONING AND CLASSIFICATION OF THE FOLLOWINGPROPERTY, TO WIT: 815 South Abe Street, located on thenorthwest corner of the intersection of South Abe Street andWest Washington Avenue. This property specifically occupiesthe Park Heights addition, Block 16, east 145 feet of lots 9-10,and the south 37 feet of the east 145 feet of Lot 8 in central SanAngelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSummary: The City Council may:(1) Approve the proposed zone change; or(2) Remand the application back to Planning Commission for further discussion,in which case another public hearing will need to be scheduled; or(3) Deny the proposed zone change.Recommendation: Planning staff recommends approving the proposedzone change.Planning Commission recommended approval of this request 6-0 on May 20,2013.History and Background:General InformationExisting Zoning: Low Rise Multi-Family Residence (RM-1)Existing Land Use: Garden Club BuildingSurrounding Zoning/Land Use:North: CO Office buildingWest: RM-1 Single-Family residencesSouth: CO Office buildingEast: RS-2 ResidencesThoroughfares/Streets: South Abe Street is defined as an arterialstreet and designed to connect collectorstreets to freeways and other arterialscarrying large volumes of traffic at high
  • 96. speeds. Access is secondary and mobility isthe primary function of these streets.West Washington Avenue is designed as acollector street and is designed to collectlocal street traffic carrying it to arterial streetsat a moderate speed.Zoning History: This property has been zoned R-3 (nowRM-1 with the adoption of the currentordinance in 2000) since 1954.Applicable Regulations: Allowed uses for this property can befound in Section 310 (Use Table) of theZoning Ordinance.509.A of the Zoning Ordinance will requirea privacy fence be placed along thewestern edge of this property if anequivalent fence does not exist already.Vision Plan Map: Neighborhood CenterComp Plan Excerpts: Within the Comprehensive Plan, Goal 3 of“Neighborhoods” is to “improve therelationship between adjacent commercialand residential properties”.“Commercial properties tend to beorganized in a single use, isolated patternof development. This form generates littlesynergy between businesses and landuses and often results in incompatibility.”“All residents within each neighborhoodboundary should be able to meet theirdaily needs within a reasonable andaccessible distance from their home.”“Promote better transition between nearbycommercial and residential use of land andbuildings.”“Establish transition areas betweencommercial areas and nearbyneighborhoods.”“Organize commercial uses in nodes toavoid deteriorating corridors.”
  • 97. Special InformationTraffic Concerns: Changing the zoning from a higher densityresidential zone to a zoning classificationthat allows for commercial activity, couldhave traffic impacts on the area. However,the access to collector and arterial streetswill adequately handle this increased trafficcapability. In addition, CO zoning districtsdo not allow for retail sales, making it anideal choice near a neighborhood.Parking Requirements: Section 511 of the Zoning Ordinancecovers parking improvement standardsand amounts. Offices require 1 parkingspace per 300 square feet of office area.Parking Provided: The property does have a developedsurface lot, it would appear an adequateamount is currently provided.Density: This block is of medium density residentialand low intensity commercial development.Notification Required: YesNotifications Sent: 17Responses in Favor: 2Responses in Opposition: 0Analysis:In order to approve this zone change request, the City Council members are firstrequired to consider the following criteria:1. Compatible with Plans and Policies. Whether the proposed amendment iscompatible with the Comprehensive Plan and any other land use policies adoptedby the Planning Commission or City Council.2. Consistent with Zoning Ordinance. Whether and the extent to which theproposed amendment would conflict with any portion of this Zoning Ordinance.3. Compatible with Surrounding Area. Whether and the extent to which theproposed amendment is compatible with existing and proposed uses surroundingthe subject land and is the appropriate zoning district for the land.
  • 98. 4. Changed Conditions. Whether and the extent to which there are changedconditions that require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposedamendment would result in significant adverse impacts on the naturalenvironment, including but not limited to water and air quality, noise, storm watermanagement, wildlife, vegetation, wetlands and the practical functioning of thenatural environment.6. Community Need. Whether and the extent to which the proposed amendmentaddresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposedamendment would result in a logical and orderly pattern of urban development inthe community.The staff recommendation is based upon the statements listed below.This proposal is consistent with the Zoning Ordinance and the plans and policiesadopted by the San Angelo City Council. This property has functioned as aGarden Club meeting area, more of an office use than a residential livingquarters. While this factor is certainly something to be aware of, the proposal willresult in a logical development pattern for this area. Other commercial zoningdesignations allow for retail sales and higher intensity uses that may not beappropriate in this area given the relationship with the neighborhood. Clusteringthe commercial properties and opportunities at key nodes (which Washingtonand South Abe Street would be) is in-line with several city policies and goals ofthe Comprehensive Plan. By organizing commercial opportunities at key nodesmakes them accessible along major thoroughfares, and keeps traffic out orresidential areas. This property is certainly accessible to those who live in thearea, but at the same time also accessible to those who are traveling throughtown. Neighborhood Center envisioned areas work well for lower intensitycommercial developments or higher density residential developments. Thecurrent zoning works within this vision the Comprehensive Plan sets out toachieve, but the proposed zone change is a slight step up in terms of zoningintensity, but the traffic and uses allowed amongst the two zoning designationshave similar impacts on the neighboring properties.Staff has found this CO zoning to be consistent with the surrounding area. Thelocation at a key intersection and lower intensity of activities allowed will allow theestablished neighborhood and future commercial development and use of thisproperty to work in harmony with one another. Office uses generally see lowertraffic demand when compared with a more retail oriented use. Engineers,architects, doctors, dentists and other professional services generally useappointments and will have a much more limited clientele than a retail
  • 99. establishment such as a restaurant or convenience store. As such, the impactson surrounding properties nearby an office is expected to be less than with retailwhen comparing the two usesThis request is consistent with the Comprehensive Plans Vision Plan Map, assuch, an amendment is not required for this request to move forward. Lawmandates that is a Comprehensive Plan is in place that zoning decisions bemade in accordance with it. In this case, the Office Commercial zoningdesignation is within the Neighborhood Center vision. The effect on the naturalenvironment and surrounding properties is expected to be minimal; the structureis existing and there appears to be parking for the building that is alreadyimproved. Future development is certainly possible, however given thecharacteristics of the lot, environmental impact is expected to be of negligibleconsequence due to the lot cover at this time.The development patterns of this area are not expected to change as a result ofthis amendment to the Official Zoning Map. The property has functioned as moreof an office than a residence in the past as the Garden Club building. The officetenants that would be allowed in the future may be more active than the GardenClub was, but the nature of these activities is not expected to interrupt thebalance the existing neighborhood has with the commercial areas along SouthAbe Street. The community needs services and jobs within walking distances ofneighborhoods. Placing this type of use in the middle of a neighborhood wouldnot be recommended, but on the edge of neighborhoods to buffer theneighborhood from more intense traffic and uses along an arterial street is highlyrecommended. This office use will act as a buffer to traffic, noise, and the bustleof South Abe Street and work as a shield to neighborhoods in existence to thewest along Washington Avenue.For all these reasons, staff finds the proposal to rezone the property to OfficeCommercial the highest and best use of the property both now and in the futurewhen considering all the criteria mandated of this request. As such, the PlanningDivision recommends approval of this zone change.Proposed ConditionsN/AAttachments: excerpt from zoning map, showing the general locationwithin the City of San Angelo;excerpt from zoning map, highlighting subjectproperty;aerial photo, highlighting subject property;
  • 100. excerpt from the Comprehensive Plan Vision Maphighlighting the subject property.Citizen responses;Draft minutes from May 20, 2013 PlanningCommission meeting; andDraft ordinance.Presentation: Jeff Hintz, Interim Senior Planner
  • 101. F. Z 13-19: Rocky SpoontsA request for approval of a zone change from Low Rise Multi-Family Residential(RM-1) to Office Commercial (CO) to specifically allow for offices as defined inSection 315.D of the Zoning Ordinance on the following property:815 South Abe Street, located on the northwest corner of the intersection ofSouth Abe Street and West Washington Avenue. This property specificallyoccupies the Park Heights addition, Block 16, east 145 feet of lots 9-10, and thesouth 37 feet of the east 145 feet of Lot 8 in central San Angelo.Jeff Hintz, Interim Senior Planner, came forward to present this item, consistent withthe staff recommendation of approval. There were seventeen notifications sent out,with two returned in favor of the request. This property was previously occupied bythe Garden Club. The property is in south central San Angelo and surrounded by alarge neighborhood to the south and west, with a mixture of medium-intensitycommercial and office uses to the north and east. The Vision Plan map calls for"neighborhood center" usage at this location. The zoning of this property has beenthe same district since the initial zoning map of 1954. Mr. Hintz reviewed the criteriaof the Zoning Ordinance and how this application for zoning appears to be whollyconsistent with those criteria. Office usage is of substantially lower intensity than avariety of commercial types and the office would be much more consistent with thenearby residential area.Bob Elliott, a local real estate appraiser representing the applicant, came forward tospeak in favor of the request. The building will be remodeling inside but nosubstantial changes are planned.No one else came forward to speak.Motion, to approve as presented, was made by Bill Wynne and seconded by RyanSmith. The motion passed unanimously, 6-0.
  • 102. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OFORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OFCHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND AZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BYCHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWINGPROPERTY, TO WIT: 815 South Abe Street, located on the northwestcorner of the intersection of South Abe Street and West WashingtonAvenue. This property specifically occupies the Park Heightsaddition, Block 16, east 145 feet of lots 9-10, and the south 37 feet ofthe east 145 feet of Lot 8 in central San Angelo, changing the zoningclassification from Low Rise Multi-Family Residential (RM-1) to OfficeCommercial (CO) District; PROVIDING FOR SEVERABILITY ANDPROVIDING A PENALTYRE: Z 13-19: Rocky SpoontsWHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO:SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 815South Abe Street, located on the northwest corner of the intersection of SouthAbe Street and West Washington Avenue. This property specifically occupies thePark Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet ofthe east 145 feet of Lot 8 in central San Angelo shall henceforth be permanently zonedas follows: Office Commercial (CO) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning.SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended.
  • 103. SECTION 3: That the following severability clause is adopted with this amendment:SEVERABILITY:The terms and provisions of this Ordinance shall be deemed to be severable in that,if any portion of this Ordinance shall be declared to be invalid, the same shall notaffect the validity of the other provisions of this Ordinance.SECTION 4: That the following penalty clause is adopted with this amendment:PENALTY:Any person who violates any provisions of this article shall be guilty of amisdemeanor and, upon conviction, shall be subject to a fine as provided for inSection 1.106 of the Code of Ordinances for the City of San Angelo. Each day ofsuch violation shall constitute a separate offense.INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 18th day of June, 2013.THE CITY OF SAN ANGELO____________________________________Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 104. City of San AngeloMemoMeeting Date: June 4, 2013To: City Council membersFrom: Roxanne Johnston, PlannerSubject: Ellis Street, Street Abandonment Request: Randall W.Clinkinbeard requesting abandonment on the following property:Location: an approximately 42’ wide portion of the unimproved public right-of-way for Ellis Street located between Blocks 5 & 6 of theEastland Heights Addition, extending approximately315’eastward from North Poe Street and immediately adjacent toproperty owned by a railroad company.Contacts: Randall W. Clinkinbeard, owner 325-212-9271Roxanne Johnston, Planner 325-657-4210Caption: First Public Hearing and consideration of introduction of anOrdinance authorizing abandonment of public right-of-way forEllis Street extending approximately 315’ east/westwardbetween Blocks 5 & 6 of the Eastland Heights Addition,immediately adjacent to property owned by a railroad companyin north central San Angelo,AN ORDINANCE PROVIDING FOR THE ABANDONMENTAND CLOSING OF THE FOLLOWING STREET SEGMENT,TO WIT: An approximately 42’ wide portion of theunimproved public right-of-way for Ellis Street, extendingapproximately 315’ eastward between Blocks 5 & 6 of theEastland Heights Addition, immediately adjacent toproperty owned by a railroad company in north centralSan Angelo; AUTHORIZING THE CONVEYANCETHEREOF TO THE ABUTTING PROPERTY OWNERS;PROVIDING FOR THE TERMS AND CONDITIONS OFABANDONMENT AND CONVEYANCE; AND PROVIDINGFOR THE MAYOR TO EXECUTE AND DELIVER A QUITCLAIM DEED TO THE ABUTTING PROPERTY OWNERS
  • 105. Summary: The City Council may:1. Approve the proposed abandonment; or2. Approve the proposed abandonment subject to conditions; or3. Deny the proposed abandonment.Recommendation: City staff recommends approving the proposed streetabandonment subject to a condition listed at the end of this report.Planning Commission recommended approval of this request by a vote of 6-0 on May20, 2013.
  • 106. History and Background:The original final plat for the Eastland Heights Addition, wherein the proposedabandonment section of Ellis Street is located, was recorded on December 12, 1932. Atthat time, Ellis Street, which runs east to west separating Blocks 5 & 6, was named “7thStreet.” The combination of these two blocks measures approximately one acre. AYears later, East Houston Harte Expressway was constructed, essentially obliteratingall of Section 4 and the south part of Section 3, and disrupted the former continuity ofarea subdivisions. The area, which is currently zoned ML, was designated as acommercial zone sometime prior to 1954. Between that time and 1987, it was rezonedM-1, which is today’s equivalent to ML.The applicant purchased the remainder of Block 5 & 6 and now seeks this streetabandonment in order to operate a towing company from the property. With approvaland a replat, the abandonment would convert Blocks 5 & 6 into one cohesive property,which could render the land more usable.The original final plat also shows an alleyway bisecting Block 6 which ran north tosouth. This alleyway was abandoned in late 1976 in order for the owner of the adjoiningproperties to be able to place an office building there at a later date.Another street closure just 160 feet east of the proposed street abandonment occurredSeptember 3, 1985. This closure encompassed a portion of Emerson Street betweenLots 1 & 8 in Sections 26 & 27 of the Ellis Addition. The purpose of that closure was tosolve a drainage issue for the soon-to-be Houston Harte Expressway.Staff has found no evidence showing that the portion of Ellis Street under considerationwas ever used for public access. Now, and in the past when the plat was filed, thisstreet dead-ends into the railroad right-of-way, and it appears from a site visit from staffthat it most likely was never intended to be a through street. There is a considerablysteep drop off from the eastern edge of the subject property down to the railroad tracks.General InformationExisting Zoning: Light Manufacturing (ML)Existing Land Use: vacant landSurrounding Zoning/Land Use:North: ML East Houston Harte ExpresswayWest: RS-1 Single family residencesSouth: RS-2 Vacant propertyEast: ML RailroadStorm Water/Drainage: Abandoning the street segment is not expected tocreate any storm water or drainage changes forthe area.
  • 107. Topography: Abandoning the street is not expected to changethe topography of the area.Water/Sewer Utilities: Abandoning the street is not expected to preventaccess to public utilities.Fire Protection: Fire hydrant location will be evaluated based onthe 2009 International Fire Code or adoptedstandard at the time of building permit application.Access Management: Abandoning the street is not anticipated to causeany issues regarding emergency access as theproperties on either side of the proposedabandonment share the same owner andemergency services have access to the propertyfrom North Poe, North 6thand Veck Streets.Notification required: YesNotifications Sent: 9Received In favor 2Received in opposition 0Special InformationPrivate Utilities: AEP has a transmission line running north tosouth along the eastern portion of Bock 5.Basis for RecommendationStaff has discovered several reasons to recommend approval of thisproposal. To begin with, the Future Thoroughfare Plan does not showthis to be a street that will someday connect over the railroad R.O.W. Thelogical explanation for this is that East Houston Harte Expressway over-rode the need for Ellis Street to continue on past the railroad tracks. EllisStreet does not resume to the east until it becomes part of the frontageroad to East Houston Harte Expressway, about a half mile away.Another reason staff recommends approval of this proposal alsoconcerns the railroad to the east end of the property. Combined with thesteep topography of the railroad right-of-way, any possible connection tothe east side of the tracks would most likely require expensiveinfrastructure improvements in order to make Ellis Street a through street.Yet another reason staff foresees no problems with traffic flow with theclosure of Ellis Street as proposed is because drivers have ampleopportunities to enter and exit the area. For example, traffic exiting right
  • 108. from Poe Street onto East 6thStreet (located at the northern section ofthe property) can gain quick access onto the East Houston HarteExpressway, or even exit off onto Baze Street as well as North Pope andNorth Browning Streets along the way. Additionally, drivers have optionsof using Ellis Street to the west of the property and also travelling southon North Poe Street to meet with Veck Street.New business to the area would, no doubt, attract additional traffic. Thishas been an option since the advent of the subdivision. Aside frompossible traffic that would be generated once a business beginsoperating from the property, staff does not foresee any major change tothe area residents and properties should this abandonment itself beapproved, as it is interior to Blocks 5 & 6. Again, the street is currentlyunimproved and dead ends at the railroad R.O.W. Furthermore, it is notbeing used as an access road by the City for emergency accesspurposes or for refuse disposal, for example. A street abandonment mayprovide an opportunity here for a much better use of the area byattracting not just the applicant’s enterprises, but also future businesses.Proposed Conditions1. Written confirmation from AEP establishing that transmissionlines will not adversely be affected by the proposed streetabandonment and will be accessible to the company via aan easement if facilities are deemed to be in theabandonment.Attachments: excerpt from zoning map, showing the general location withthe City of San Angelo;excerpt from zoning map, highlighting subjectproperty;aerial photo, highlighting subject property;citizen response letters; anddraft ordinance.Presentation: Roxanne Johnston, PlannerReviewed by: Jeff Hintz, Interim Senior Planner ()
  • 109. AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSINGOF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately42’ wide portion of the unimproved public right-of-way for Ellis Street,extending approximately 315’ eastward between Blocks 5 & 6 of theEastland Heights Addition, immediately adjacent to property owned by arailroad company in north central San Angelo; AUTHORIZING THECONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS;PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENTAND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTEAND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTYOWNERSRE: abandonment of public right-of-way for Ellis Street extending approximately 315’east/westward between Blocks 5 & 6 of the Eastland Heights Addition,immediately adjacent to property owned by a railroad company in north centralSan Angelo,WHEREAS, the City Council of the City of San Angelo, acting pursuant to law, deems itadvisable to abandon and convey the herein described tract of land to the abutting propertyowner(s) and is of the opinion that said land is not needed for public use, and that sameshould be abandoned and quit claimed to the abutting property owners as hereinafterprovided; andWHEREAS, the City Council of the City of San Angelo is of the opinion that the best interestand welfare of the public will be served by abandoning and conveying same to the abuttingproperty owner(s), subject to the conditions and restrictions contained herein; NOW,THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO:1. That the following described tract in the City of San Angelo, Tom Green County,Texas be and the same is hereby abandoned, vacated and closed insofar as theright, title and easement of the public are concerned; subject however, to theconditions and restrictions hereinafter more fully set out:The east 315 feet of public-right-of-way remaining for Ellis Street (formally platted as7thStreet), extending east from the east right-of-way line for North Poe Street andmore particularly as follows:BEGINNING at a point in the northwest corner of Lot 3 in Block 6 of Eastern HeightsAddition, as said Lot and Block are shown on a subdivision plat of Eastland HeightsAddition to the City of San Angelo, recorded on December 12, 1932.THENCE in an eastward direction along the north boundary of said Lot 3 of Block 6and continuing laterally across a 10 foot abandoned alley right-of-way which originallybisected Lots 3-6 from Lots 1,2 and 7 of Block 6 of said Eastland Heights Addition.
  • 110. THENCE continuing eastward along the northern border of Lots 2 and 1 of Block 3 ofthe Eastland Heights Addition to the western portion of the railroad right-of-waylocated at the northeastern point of Lot 1 in a northeasterly direction to the southpoint of Lot 15 of Block 5 of said Eastland Heights Addition.THENCE commencing in a westerly direction along the northern right-of-way line forEllis Street to the southwest corner of lot 9 of Block 5 of said Eastland HeightsAddition.THENCE southward to the northwest corner of Lot 3 of Block 6 of said EastlandHeights Addition BEING THE POINT OF BEGINNING.2. That the abandonment and conveyance provided for herein is made and acceptedsubject to all present zoning and deed restrictions, if the latter exist, and all existingeasements, if any, whether apparent or non-apparent, aerial, surface, undergroundor otherwise.3. That the abandonment and conveyance provided for herein shall extend only to thepublic right, title, easement and interest and shall be construed to extend only to theinterest which the governing body for the City of San Angelo may legally and lawfullyabandon and vacate.4. That the Mayor of the City of San Angelo is hereby authorized to execute and delivera quit claim deed conveying the above-described tract to the abutting propertyowner(s).5. That the Grantee(s) shall pay all reasonable costs associated with proceduresnecessitated by the request to abandon public right-of-way within the above-described tract, as well as a fee in compensation for the estimated market value ofland in those portions of this right-of-way which were so dedicated with a subdivisionplat of the Eastland Heights Addition.6. That the terms and conditions contained in this ordinance shall be binding uponGrantee(s) and assigns.INTRODUCED on the 4thday of June, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 18thday of June, 2013.THE CITY OF SAN ANGELO
  • 111. ____________________________________Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 112. AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSINGOF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately42’ wide portion of the unimproved public right-of-way for Ellis Street,extending approximately 315’ eastward between Blocks 5 & 6 of theEastland Heights Addition, immediately adjacent to property owned by arailroad company in north central San Angelo; AUTHORIZING THECONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS;PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENTAND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTEAND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTYOWNERSRE: abandonment of public right-of-way for Ellis Street extending approximately 315’east/westward between Blocks 5 & 6 of the Eastland Heights Addition,immediately adjacent to property owned by a railroad company in north centralSan Angelo,WHEREAS, the City Council of the City of San Angelo, acting pursuant to law, deems itadvisable to abandon and convey the herein described tract of land to the abutting propertyowner(s) and is of the opinion that said land is not needed for public use, and that sameshould be abandoned and quit claimed to the abutting property owners as hereinafterprovided; andWHEREAS, the City Council of the City of San Angelo is of the opinion that the best interestand welfare of the public will be served by abandoning and conveying same to the abuttingproperty owner(s), subject to the conditions and restrictions contained herein; NOW,THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO:1. That the following described tract in the City of San Angelo, Tom Green County,Texas be and the same is hereby abandoned, vacated and closed insofar as theright, title and easement of the public are concerned; subject however, to theconditions and restrictions hereinafter more fully set out:The east 315 feet of public-right-of-way remaining for Ellis Street (formally platted as7thStreet), extending east from the east right-of-way line for North Poe Street andmore particularly as follows:BEGINNING at a point in the northwest corner of Lot 3 in Block 6 of Eastern HeightsAddition, as said Lot and Block are shown on a subdivision plat of Eastland HeightsAddition to the City of San Angelo, recorded on December 12, 1932.THENCE in an eastward direction along the north boundary of said Lot 3 of Block 6and continuing laterally across a 10 foot abandoned alley right-of-way which originallybisected Lots 3-6 from Lots 1,2 and 7 of Block 6 of said Eastland Heights Addition.
  • 113. THENCE continuing eastward along the northern border of Lots 2 and 1 ofBlock 3 of the Eastland Heights Addition to the western portion of the railroadright-of-way located at the northeastern point of Lot 1 in a northeasterlydirection to the south point of Lot 15 of Block 5 of said Eastland HeightsAddition.THENCE commencing in a westerly direction along the northern right-of-wayline for Ellis Street to the southwest corner of lot 9 of Block 5 of said EastlandHeights Addition.THENCE southward to the northwest corner of Lot 3 of Block 6 of saidEastland Heights Addition BEING THE POINT OF BEGINNING.2. That the abandonment and conveyance provided for herein is made andaccepted subject to all present zoning and deed restrictions, if the latter exist,and all existing easements, if any, whether apparent or non-apparent, aerial,surface, underground or otherwise.3. That the abandonment and conveyance provided for herein shall extend onlyto the public right, title, easement and interest and shall be construed toextend only to the interest which the governing body for the City of SanAngelo may legally and lawfully abandon and vacate.4. That the Mayor of the City of San Angelo is hereby authorized to execute anddeliver a quit claim deed conveying the above-described tract to the abuttingproperty owner(s).5. That the Grantee(s) shall pay all reasonable costs associated with proceduresnecessitated by the request to abandon public right-of-way within the above-described tract, as well as a fee in compensation for the estimated marketvalue of land in those portions of this right-of-way which were so dedicatedwith a subdivision plat of the Eastland Heights Addition.6. That the terms and conditions contained in this ordinance shall be bindingupon Grantee(s) and assigns.INTRODUCED on the 4thday of June, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 18thday of June, 2013.THE CITY OF SAN ANGELO
  • 114. ____________________________________Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 115. City of San AngeloParks & RecreationMemoDate: June 14, 2013To: Mayor and CouncilmembersFrom: Carl White, Parks & Recreation DirectorSubject: Agenda Item for June 18, 2013, Council MeetingContact: Carl White, Parks & Recreation Director, 234-1724Caption: Regular Agenda ItemConsideration of adopting a Resolution authorizing the renaming “Rio Vista Park”located at the 2700 block of Ben Ficklin Road as “Jaime Padron Memorial Park”,in honor of Jaime Padron, pursuant to the recommendation of the city of SanAngelo Parks and Recreation Advisory BoardSummary: Mr. Bill Pritchard, Jr., originally from San Angelo and a friend of Jaime Padron,submitted a proposal to Councilman Silvas in April of 2013 asking that Rio Vista Parkbe renamed “Jaime Padron Memorial Park.”The Parks and Recreation Advisory Board discussed this proposal at their April25, 2013 meeting and unanimously approved a recommendation to rename thepark, “Jaime Padron Memorial Park,” their May 23, 2013 meeting.The proposal is supported by several letters, which are attached. The State ofTexas House of Representatives adopted a resolution on May 1, 2013 payingtribute to the life of Senior Officer Jaime Padron. A copy of that Resolution isattached.Jamie Padron, a native of San Angelo, served in the U.S. Marine Corps, seeingaction in the Gulf War. He then served over a decade as a San Angelo PoliceOfficer, transferring to the City of Austin. On April 6, 2012, he was killed by gunfireas he attempted to detain a combative suspect. He is buried at LawnhavenMemorial Gardens in San Angelo.The proposal and letters of support speak of Jaime’s dedication, integrity andselfless service.History: This item has not been previously discussed or considered by City Council.Rio Vista Park is undergoing the final stages of renovation, the first since itsdevelopment in 1972. The park was officially named “Rio Vista Park” in 1974.Financial Impact: The City incurs no additional expense with officially renaming the park. The main signof the park would need alteration and staff recommends this be done at the expense ofthe proponents. The estimated cost for this is $2,500.Related Vision Item: N/AOther Information/ Several plan to attend the City Council meeting to speak on behalf of this
  • 116. Recommendation: proposal.Attachments: Letter of proposal, letters of support, Copy of H.R. No. 1652 and emails of supportMap of Rio Vista Park, showing its general locationResolutionPresentation: PowerpointPublication: N/AReviewed byDirector:Rick Weise, Assistant City ManagerApproved by Legal: N/A
  • 117. From: Mike Morris [mailto:sgtforcerecon69@gmail.com]Sent: Thursday, June 06, 2013 5:20 AMTo: White, CarlSubject: Jaimes memorial parkplease give this your full consideration. I was director of SAPD training whenJaime went through rookie school. He was a fine peace officer. He deserves thismemorial. Jaime served his country as a Marine and his community as a peaceofficer. His life was one of service to his fellow man. Thank you. Mike MorrisSAPD sgt. Retd.From: SANCHEZ, PETER [mailto:PETER.SANCHEZ@CBP.DHS.GOV]Sent: Friday, June 07, 2013 11:06 AMTo: Silvas, Johnny; info@johnnysilvas.com; White, CarlSubject: Officer Jaime Padron Memorial ParkGentlemen,I was recently informed of a project that, if approved by the City of San Angelo, will honor a fallenofficer’s name. A renaming of a city park in the San Angelo area has been initiated to honor OfficerJaime Padron, who as you know, was killed in the line of duty in Austin, TX last year. Although I do notknow who he was, he was in the Law Enforcement family which makes him a part of the same family Ibelong to. Anytime a member of the law enforcement community is killed in the line of duty his name isinscribe at the National Law Enforcement Memorial in Washington D.C., his was no different this year.This is considered the ultimate price and honor given to an individual who sacrifices his life for the sakeof others. You may have read that each year there are also fund raisers done for the families of thevictims of these tragedies to travel to Washington, D.C. during Police Week. But although all of this isgood and well-intended it is only appreciated on occasion at a certain location (Washington, D.C.).Honoring this fallen man by renaming a city park from the city he was originally from will do a greatservice to the family of Officer Jaime Padron. A reminder and a proud moment can the family have of aman who loved his family and gave to his community. The family can have a place in San Angelo thathonors their loved ones and the community can be proud of a heroic man. Given that there are manyparks in San Angelo with various names, mostly describing the area, Rio Concho, Park Heights, Santa Fe,Sulphur Springs, to name a few, I believe the renaming of another park will affect San Angelo in apositive way and will highlight San Angelo as a city who continues to honor their citizens.Sirs, I urge you to consider approving this project and unfortunately future similar request that willprobably come before you. The families of Officer Jaime Padron will surely appreciate it along with the
  • 118. members of the law enforcement community. Thank you for your attention in this matter and feel freeto contact me if you have any questions.Peter SanchezSupervisory Border Patrol AgentDRT/BORTAC2401 Dodson Ave.Del Rio, Texas 78840Office: 830-778-7199Cell: 830-734-4567Fax: 830-778-7974
  • 119. A RESOLUTION OF THE CITY OF SAN ANGELO, TEXAS,AUTHORIZING THE RENAMING “RIO VISTA PARK” LOCATED ATTHE 2700 BLOCK OF BEN FICKLIN ROAD AS “JAIME PADRONMEMORIAL PARK”, IN HONOR OF JAIME PADRON, PURSUANT TOTHE RECOMMENDATION OF THE CITY OF SAN ANGELO PARKSAND RECREATION ADVISORY BOARDWHEREAS, Rio Vista Park, located at the 2700 block of Ben Ficklin Road in the City ofSan Angelo, has served as a neighborhood park for the Rio Vistaneighborhood since 1972, and is currently undergoing the final stages ofrenovation; and,WHEREAS, in 1974 the park was officially named “Rio Vista Park” in recognition of theRio Vista neighborhood; and,WHEREAS, Mr. Bill Pritchard, Jr., originally from San Angelo and a friend of JaimePadron, has submitted a proposal to Councilman Johnny Silvas, requestingthat Rio Vista Park be renamed “Jaime Padron Memorial Park” in memory offormer City of San Angelo Peace Officer Jaime Padron, which proposal issupported by various officials in law enforcement and citizens; and,WHEREAS, Jaime Padron, a native of San Angelo, served with honor in the U.S. MarineCorps, seeing action in the Gulf War, and served with distinction for over adecade as a Peace Officer with the San Angelo Police Department, latertransferring to the City of Austin; and,WHEREAS, Jaime Padron was killed in the course of duty as he attempted to detain acombative suspect and is interred at Lawnhaven Memorial Gardens in the Cityof San Angelo; and,WHEREAS, the State of Texas House of Representatives adopted a Resolution on May 1,2013, paying tribute to the loyalty, courage, and self-sacrifice of SeniorOfficer Jaime DeLuna-Padron, consistent with the highest ideals of the lawenforcement profession; and,WHEREAS, the City of San Angelo Parks and Recreation Advisory Board unanimouslyapproved a recommendation to the City Council that Rio Vista Park berenamed “Jaime Padron Memorial Park” in honor of Jaime Padron.
  • 120. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANANGELO, TEXAS THAT:Section 1. The recitals and findings contained in the preamble to this Resolution areadopted by reference and incorporated as if fully set forth in this section.Section 2. The City Council hereby authorizes the renaming of “Rio Vista Park” as“Jaime Padron Memorial Park” in honor of Jamie Padron.Section 3. This resolution shall become effective upon the date of its adoption.PASSED and APPROVED THIS DAY OF June, 2013.CITY OF SAN ANGELO, TEXASATTEST:Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMCarl White, Parks & Recreation Director Lysia H. Bowling, City Attorney
  • 121. CITY OF SAN ANGELORIO VISTA PARKSAN ANGELO, TEXASPAVILION SECTIONSPAVILION ELEVATIONPAVILION PLAN SHOWING STONE STEPSRESTROOM PLAN124124
  • 122. City of San AngeloMemoMeeting Date: June 4, 2013To: City Council membersFrom: Jeff Hintz, Interim Senior PlannerSubject: Vision Plan Amendment to the Comprehensive Plan for thefollowing area of the City:Location: Properties situated south and east from the intersection of DanHanks Lane and South Chadbourne Street and extending eastwardon the south side of South Chadbourne Street, continuing to OldEola Road, then southwards along South Loop 306, encompassingthe existing City Limits and properties situated just outside thecurrent City Limits in the far southeast portion of San Angelo. Pleasesee attached maps included with this report for a more detaileddepiction.Purpose: Approval or modification of this request will forward thatrecommendation to City Council for a final decision on the matter.Contacts: Jeff Hintz, Interim Senior Planner 325-657-4210Caption: APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENTOF THE SAN ANGELO COMPREHENSIVE PLAN UPDATEADOPTED IN 2009, SPECIFICALLY PROPERTIES SITUATEDSOUTH AND EAST FROM THE INTERSECTION OF DAN HANKSLANE AND SOUTH CHADBOURNE STREET AND EXTENDINGEASTWARD ON THE SOUTH SIDE OF SOUTH CHADBOURNESTREET, CONTINUING TO OLD EOLA ROAD, THENSOUTHWARDS ALONG SOUTH LOOP 306, ENCOMPASSING THEEXISTING CITY LIMITS AND PROPERTIES SITUATED JUSTOUTSIDE THE CURRENT CITY LIMITS IN THE FAR SOUTHEASTPORTION OF SAN ANGELO.Summary: The City Council may:
  • 123. Approve the proposed Vision Plan map amendments as presented;Remand the Vision Plan map back to Planning Commission for furtherdiscussion; orDeny the proposed Vision Plan Map Amendment in its entirety or on aproperty by property basis.Recommendation: Planning staff recommends approving the proposed Vision PlanMap Amendments.Planning Commission recommended approval of these amendments by a 6-0 vote onMay 20, 2013.History and Background:Properties forming the "leg" at the southeastern edge of the City Limits were annexedinto the City Limits in 1990. The remainder of this area has been incorporated into theCity Limits since at least the mid 1950s. The remainder of these properties are outsidethe City Limits at this time.Analysis:The staff recommendation is based upon the statements listed below.This area is home to numerous developments at different ends of the land usespectrum. As one moves east and south starting from the northwest corner of thisparticular area, there is a very rural feeling about this area. The Planning for this areamust be done proactively and with the current uses and predicted future uses in mind.As the area continues to grow and thrive, it needs to do so in harmony with the rest ofthe community. This area is home to many fields and generally undeveloped tracts ofland. There are pockets of higher density residential in this area; the majority of theacreage surveyed in this review of the area is certainly overwhelmingly agricultural orundeveloped. In terms of occurrence, the predominant theme was residential of somenature with the exception of properties along Dan Hanks Lane and South ChadbourneStreet. This northwestern corner is home to several industrial contractors andbusinesses. At the current moment in time, there are acres of undeveloped propertiesbetween the residential uses and these more intensive, higher intensity land usespresent in the study area.Since the development has not yet occurred, now is an ideal time for City Staff invarious departments to take a look at how the area functions and to see if any changesneed to be made for this area. This proposal was sent to the Water Utilities Department,the Metropolitan Panning Organization (MPO), City Engineering Division, TexasDepartment of Transportation, and the Economic Development Department within theCity. All of these Divisions and Departments have input and reactions to this proposal
  • 124. as the decisions that are made based upon this Vision Plan Map effect more than justthe Planning Division.Water Utilities and MPO both saw no issues in terms of transportation effects for theregion and ability to serve the area with water/sewer services as the subdivisionprocess occurs and utilities and streets are improved and dedicated. This area has amultitude of thoroughfares planned through it, as such there will be ample opportunitiesfor utilities to be run in public rights of way and for traffic to circulate. From a CityEngineering and storm water management standpoint, these proposed amendments donot create any access issues or create storm water problems that will need to beaddressed now or in the immediate future. As the area develops, depending upon thedevelopment and locations, some type of storm water mitigation may be required. Thisrequirement is not as a result of this amendment, but rather as a part of the generaldevelopment process.The bulk of the changes occur east of Dan Hanks Lake and just south alongChadbourne Street. The current Vision Plan Map has “Industrial” envisioneddevelopment directly adjacent to “Neighborhood” envisioned development. Given thatthis area has not yet developed, now would be an ideal time to shape the growth andpromote land uses that are more consistent with one another when in such closeproximity. Currently, the likelihood for conflict in the future is more certain than not; as aresult, some careful envisioning of the area needs to take place before it is an issue inthe future. At the same time, staff is well aware of the development patterns in thecommunity and this area and sees the need to create successful industrial areas thatare isolated from residentially envisioned areas of the community.The proposed Vision Plan Amendment adds commercial and industrial development ina manner that promotes the long term reality of neighborhoods in this area and thehigher intensity development alike. Neighborhood Centers have been located at keynodes to serve the envisioned neighborhoods in this portion of the community.Commercial envisioned areas just south of Goodfellow Air Force Base could allow forsome public-private partnerships with the base that the current Vision Plan Map doesnot realize; these commercially envisioned areas can also serve as buffers to theenvisioned neighborhoods from the more intense corridors of FM 1223 and ChadbourneStreet.The Harvest Acres subdivision is almost entirely built out at this time and features over90% of lots which have an accessory structure of some kind. As this area continues togrow, less of a rural feel is likely; in addition, by preserving this as neighborhood, thearea will be set for infill development in the future or a higher density residential natureas people look to add accessory apartments or convert units to duplexes for family orguests alike. The development of this nature is highly successful at this time as a muchhigher density than a "Rural" intent would mean within the Comprehensive Plan. As thedevelopment grows, it needs to be planned as such; staff finds that a neighborhooddesignation is in-line with the current and anticipated growth of several of these areas.By looking at this area before it begins to develop, citizens, property owners, anddevelopers alike can be assured of a consistent and unified goal for development in thisarea. This consistent and predictable development is what investors and landownersalike need to be confident when making business and monetary decisions to develop.
  • 125. The Planning Commission, citizens, and City Council have an opportunity to shape anarea before if develops just once; it is of the utmost importance it be done correctly andin a manner that allows some flexibility, yet at the same time provides for predictability.Once an area starts to develop, contrasting uses and unintended consequences canremain for decades; elected officials and staff have few chances to go back and createfixes to mistakes. City staff is confident this proposed amendment will lead tosustainable, predictable development in this region of the community; as a result, thisregion will likely flourish and could provide a steady tax base in the future if it developsas predicted based upon anticipated and current land use trends.To come up with the attachments, Planning Staff first was directed to look into this areaby the Planning Commission. Staff spent the next several weeks speaking with variouscity departments and divisions, including Engineering, TX DOT, MPO, Storm water, andWater Utilities for about two hours. Generally Census Data is obtained for the area, butthe tracts in this area expanded outside the area of study and the data sets would notmatch what was studied in this case. Staff also collectively spent about four hours inthis area to learn exactly what was happening on the ground and where it washappening. After this, staff entered the data into the GIS mapping program and began toanalyze the area based upon current land use observations and those of historicalaerial photographs; this analysis took staff around six hours collectively. At that point,the current Vision Plan Map was examined for some potential changes based upon theresearch and staffs knowledge of the goals of the Comprehensive Plan; this mappingand development of an amended map took approximately two hours in this case. As aresult of all these things, the following attachments are intended to provide some insightas to how staff reached the recommendation and the evidence used to reach theseconclusions.Attachments: Land Use Map of the area;Current Vision Plan Map of the area;Proposed Vision Plan Map of the area;Draft minutes from May 20, 2013 Planning Commissionmeeting; andLand Use survey results.Presentation: Jeff Hintz, Interim Senior PlannerReviewed by: AJ Fawver, AICP, Interim Director of Development Services(05/15/13)
  • 126. Note: Colored dashed lines indicate future planned extensions of thoroughfares, they have not been completed at this time
  • 127. Note: Colored dashed lines indicate future planned extensions of thoroughfares, they have not been completed at this time
  • 128. VII. Discussion and possible action to amend portions of the Vision PlanComponent of the 2009 update to the San Angelo Comprehensive Plan,specifically Properties situated south and east from the intersection of DanHanks Lane and South Chadbourne Street and extending eastward on thesouth side of South Chadbourne Street, continuing to Old Eola Road, thensouthwards along South Loop 306, encompassing the existing City Limits andproperties situated just outside the current City Limits in the far southeastportion of San Angelo.Jeff Hintz, Interim Senior Planner came forward to present this proposedamendment and gave some background to the Commission regarding the originationof this as a request from an applicant representing a property owner. Currently theVision Plan has a large area of Neighborhood Envisioned development directlyadjacent to an Industrial envisioned area. The applicant was seeking to develop asection of the neighborhood envisioned area in a higher intensity commercial orindustrial manner. After a field review of the area, staff entered data and visited witha variety of City Divisions and Departments to come up with the recommendationbased upon evidence and findings of fact based upon this research. Mr. Hintzexplained the recommendation and how it was reached and offered to address anyquestions the Commission had.Mr. Grimes inquired about the expansion of the existing industrial area and how thatdecision was reached. Mr. Hintz explained that the area saw several successfuldevelopments presently and that this isolated are of the community with noresidences presently on this side of FM 1223 would be an ideal area to expandIndustrial development. By adding in commercial zones, planned thoroughfares, andtransitional zones, the Industrial envisioned areas can be buffered from theneighborhood areas existing and anticipated in the future.Ryan Smith made a motion to approve this request as presented by staff.Bill Wynne inquired about a lunch meeting to discuss this area and perhaps bemore familiar with it.Mr. Smith had inquired if this background information was included in packetdistributed to the Commission; Mr. Hintz confirmed that it indeed had been included.Joe Grimes seconded the Motion by Mr. Smith and the motion to approve aspresented passed unanimously 6-0.
  • 129. SubDesc Legal land_use land_catWILD BILL ADDITION NORTH 1.1800 ACRES OUT OF TRACT 2 SECTION 3house HDRWILD BILL ADDITION BEING 4.5990 ACRES SECTION 3 industrial contractor ISWILD BILL ADDITION MIDDLE .5160 ACRE OF TRACT 2 SECTION 3house HDRWILD BILL ADDITION SOUTH 2.06 ACRES OUT OF TRACT 2 SECTION 3house HDRWILD BILL ADDITION 9.2500 ACRES TRACT 2 SECTION 2 vacant paintball VLCWILD BILL ADDITION 2.00 AC TRACT 1 SECTION 1 haircut business PSSUNSET INDUSTRIAL PARK LOT 3 SECTION 2 industrial yard ISMESQUITE ACRES 2 ACRES OUT OF 11.9330 ACRES BEING OUT OF TRACT 4 & EAST 1.933 ACREShome LDRMESQUITE ACRES 11.9330 ACRES - BEING TRACT 1 & & WEST 3.1340 AC OF TRACT 2home LDRMESQUITE ACRES 11.9330 ACRES BEING EAST 4.866 ACS TRACT 2 & WEST 7.067 ACS TRACT 3home LDRHAYWORTH S/D TRACTS 1 & 2 BEING 2.8890 ACRES house LDRHARVEST ACRES S/D LOT 2 BEING 2.401 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 15 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 16 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 13 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 14 BEING 1.015 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 25 BEING .975 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 14 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 3 BEING 0.9210 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 13 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 12 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 4 BEING .9180 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 11 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 5 BEING .9180 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 10 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 6 BEING .9180 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 9 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 8 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 7 BEING .9180 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 7 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 8 BEING .9180 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 6 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 9 BEING .9180 ACRES home w/ accessory HDR
  • 130. HARVEST ACRES S/D LOT 5 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 4 SECTION 2 home HDRHARVEST ACRES S/D LOT 10 BEING .9180 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 3 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 11 & SE 0.08 AC OUT OF LOT 12 LESS 0.08 AC OUT OF NW PT OF LOT 11home w/ accessory HDRHARVEST ACRES S/D LOT 2 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 1 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 12 & NW 0.08 AC OUT OF LOT 11 LESS 0.08 AC OUT OF SE PT OF LOT 12home w/ accessory HDRHARVEST ACRES S/D LOT 2 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 3 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 4 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 5 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 6 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 7 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 8 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 9 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 10 BEING 1.492 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 20 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 21 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 22 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 23 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 24 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 25 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 26 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 27 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 28 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 11 BEING 1.015 ACRES & .189 AC OF LOT 12home w/ accessory HDRHARVEST ACRES S/D LOT 12 BEING .8260 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 13 BEING 1.015 ACRES home HDRHARVEST ACRES S/D LOT 29 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 1 BEING 2.047 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 1 BEING 0.9610 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 19 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 17 SECTION 2 home w/ accessory HDR
  • 131. HARVEST ACRES S/D LOT 14 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 17 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 18 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 19 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 20 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 21 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 22 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 23 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 24 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 25 SECTION 3 home HDRHARVEST ACRES S/D LOT 12 SECTION 3 home HDRHARVEST ACRES S/D LOT 18 SECTION 2 home w/ accessory HDRHARVEST ACRES S/D LOT 11 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 10 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 9 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 8 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 7 SECTION 3 home HDRHARVEST ACRES S/D LOT 6 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 5 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 4 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 3 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 2 SECTION 3 home w/ accessory HDRHARVEST ACRES S/D LOT 1 SECTION 3 home HDRHARVEST ACRES S/D LOT 16 SECTION 3 home HDRHARVEST ACRES S/D LOT 15 SECTION 3 home HDRHARVEST ACRES S/D LOT 24 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 23 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 22 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 21 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 20 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 19 BEING 1.354 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 18 BEING 1.692 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 17 BEING 1.692 ACRES home w/ accessory HDRHARVEST ACRES S/D LOT 16 BEING 1.354 ACRES home w/ accessory HDR
  • 132. HARVEST ACRES S/D LOT 15 BEING .865 ACRES home w/ accessory HDRGTE - RSU TRACTS 0.2380 ACRE home and agriculture LDRGIBSON ANN ADDITION 1.0000 ACRE TRACT house LDRCATCLAW HILL S/D TRACT 12 SECTION 2 BEING 0.888 AC home LDRCATCLAW HILL S/D TRACT 11 SECTION 2 BEING 1.002 ACS home LDRCATCLAW HILL S/D 1.7800 ACRES IN LOT 1 home LDRCATCLAW HILL S/D 1.7300 ACRES IN LOT 2 home LDRCATCLAW HILL S/D 1.7800 ACRES IN LOT 3 home LDRCATCLAW HILL S/D LOT 4 1.6600 ACRES OF home LDRCATCLAW HILL S/D 1.5800 ACRES IN LOT 7 home & shop LDRCATCLAW HILL S/D 1.0000 ACRES IN LOT 6 home LDRCATCLAW HILL S/D 1.0000 ACRES IN LOT 5 home & shop LDRCATCLAW HILL S/D LOT 8-A BEING 1.147 ACRES (REPLAT) home & shop LDRCATCLAW HILL S/D LOT 8-B BEING 1.402 ACRES (REPLAT) home & shop LDRCATCLAW HILL S/D LOT 8-C BEING 1.413 ACRES (REPLAT) home & shop LDRCATCLAW HILL S/D 4.3400 ACRES IN LOT 10 home & shop LDRCATCLAW HILL S/D 5.3500 ACRES IN LOT 9 home LDRBRADSHAW ADDN LOTS 2, 3 & 4 AND WEST 309.25 FT OF LOTS 5 & 6sop and homesite LDRBRADSHAW ADDN LOT 1 & EAST 1/4 OF LOTS 5 & 6 driveway HDRATKINSON AIRPORT S/D LOT 1 & .0570 ACRE OUT OF L P MOORESUR 169.50 ABST 1637home and agriculture LDRATKINSON AIRPORT S/D LOT 2A - BEING 1.6300 ACRES REPLAT OF LOT 2home and agriculture LDRATKINSON AIRPORT S/D 0.7720 ACRE IN LOT 3 home and agriculture LDRATKINSON AIRPORT S/D 1.1780 ACRES OUT OF TRACT 3 home and agriculture LDRATKINSON AIRPORT S/D LOT 4 home and agriculture LDRATKINSON AIRPORT S/D 2.0000 ACRES BEING LOT 5 home and agriculture LDRATKINSON AIRPORT S/D 4.0000 ACRES IN LOTS 6 & 7 home and agriculture LDRATKINSON AIRPORT S/D 1.0000 ACRE IN LOT 9 home and agriculture LDRATKINSON AIRPORT S/D LOT 8 & LOTS 10 THRU 17 home and agriculture LDRATKINSON AIRPORT S/D LOT 8 & LOTS 10 THRU 17 home and agriculture LDRA-7545 S-0001 L E ALLEN 0.9200 ACRE BEING A 200 X 200 TRACT OUT OF A 3.0100 ACREShome LDRA-7545 S-0001 L E ALLEN 2.0900 ACRES home LDRA-7545 S-0001 L E ALLEN 1.867 ACRES home LDRA-7278 S-0160 C F POTTER 5.4000 ACRES IN C F POTTER SURVEY AND L E ALLEN SURVEY #1Basic Energy yard and shop ISA-7278 S-0160 C F POTTER 1.1470 ACRES BEING 200 X 250 tire storage/repair property IS
  • 133. A-7278 S-0160 C F POTTER 8.0500 ACRES yard for oil supplies ISA-7278 S-0160 C F POTTER 9.4250 ACRES Patterson industrial services ISA-7278 S-0160 C F POTTER 1.5750 ACRES house HDRA-7278 S-0160 C F POTTER 1.1700 ACRES industrial contractor ISA-7278 S-0160 C F POTTER .3954 ACRES BEING 60 X 287.09 contractor-industrial ISA-7278 S-0160 C F POTTER 3.4300 ACRES house HDRA-7278 S-0160 C F POTTER 4.0000 ACRES yard and contractor ISA-7278 S-0160 C F POTTER 4.4350 ACRES vacant VLCA-7278 S-0160 C F POTTER 1.5000 ACRES vacasnt VLCA-7278 S-0160 C F POTTER 5.2350 ACRES self service warehouses PSA-7278 S-0160 C F POTTER 33.0000 ACRES vacant FIEA-7278 S-0160 C F POTTER 52.541 ACRES IN LE ALLEN SUR 1 & CFPOTTER SUR 160 &LP MOORE SUR 1691/2vacant FIEA-5760 S-95.50 J W BRANSON 9.3800 ACRES BEING UNDIVIDED 1/3 INTEREST IN 28.1390 ACREShome and agriculture LDRA-1637 S-169 1/2 L P MOORE 4.0000 ACRES home and shop LDRA-1637 S-169 1/2 L P MOORE 2.0000 ACRES home and shop LDRA-1637 S-169 1/2 L P MOORE 1.0000 ACRE OUT OF MILLER TRACT home and shop LDRA-1637 S-169 1/2 L P MOORE 1.3300 ACRES home and shop LDRA-1637 S-169 1/2 L P MOORE 1.0000 ACRE OUT OF SOUTH PART OF ORIGINAL 71.5000 ACREShome and shop LDRA-1637 S-169 1/2 L P MOORE 1.0000 ACRE home and shop LDRA-1637 S-169 1/2 L P MOORE 4.4800 ACRES UND 1/3 INT IN 13.4400ACRES IN PART OF TRACT 15home and agriculture LDRA-1637 S-169 1/2 L P MOORE 3.9180 ACRES home and agriculture LDRA-1637 S-169 1/2 L P MOORE 1.3520 ACRES - CONSIST OF 1.23 AC TRACT & A 0.122 ACRE TRACThome and agriculture LDRA-1637 S-169 1/2 L P MOORE .5940 ACRES home and shop LDRA-1637 S-169 1/2 L P MOORE 2.0000 ACRES house LDRA-1637 S-169 1/2 L P MOORE 2.9870 ACRES agricultural FIEA-1637 S-169 1/2 L P MOORE 2.0080 ACRES house LDRA-1637 S-169 1/2 L P MOORE 2.0080 ACRES house LDRA-1637 S-169 1/2 L P MOORE 1.0000 ACRE house LDRA-1637 S-169 1/2 L P MOORE 1.0000 ACRE house LDRA-1637 S-169 1/2 L P MOORE 1.0000 ACRE house LDRA-1637 S-169 1/2 L P MOORE 4.4800 ACRES UND 1/3 INT IN 13.4400ACRES IN PART OF TRACT 15agricultural FIEA-1637 S-0169 1/2 L P MOORE 10.0000 ACRES (NOT RECORDED AT 669-472-) 2/03/78aggregate pit ISA-1637 S-0169 1/2 L P MOORE 5.9830 ACRES vacant FIEA-1637 S-0169 1/2 L P MOORE 5.0040 ACRES universal IS
  • 134. A-1637 S-0169 1/2 L P MOORE 7.8000 ACRE TR unable to verify FIEA-1637 S-0169 1/2 L P MOORE 12.4020 ACRES vacant FIEA-1637 S-0169 1/2 L P MOORE 23.3720 ACRES aggregate pit ISA-1637 S-0169 1/2 L P MOORE 15.0000 ACRES vacant FIEA-1637 S-0169 1/2 L P MOORE 55.0210 ACS BEING A 49.126 AC TR & A 5.895 AC TRvacant FIEA-1637 S-0169 1/2 L P MOORE 1.0000 ACRE house LDRA-1637 S-0169 1/2 L P MOORE 5.00 ACRES agricultural FIEA-1637 S-0169 1/2 L P MOORE 1.0000 ACRE BEING 104.4 X 417.4 house LDRA-1637 S-0169 1/2 L P MOORE 1.7330 ACRES agricultural FIEA-1637 S-0169 1/2 L P MOORE 1.0000 ACRE BEING 104.4 X 417.4 house LDR8.0570 ACRES (FKA 5.03 AC MAXWELL REMAINDER TR)vacant FIE19.9880 ACRES windmills yard-offices IS1.4280 ACRES vacant FIEhouse HDRLOT 2B - BEING 1.8100 ACRES REPLAT OF LOT 2home and agriculture LDRagriculture FIEagriculture FIEagriculture FIEagriculture FIEunable to verify-possibly agriculture storage FIEagriculture FIEagriculture FIEaccess drive FIEagriculture FIEagriculture FIEagriculture FIEagriculture FIEagriculture FIEagriculture FIEagriculture FIEhome LDRhome LDRhome LDRhome LDR
  • 135. home LDRhome and field FIEcemetary PS10.8610 ACRES agriculture FIEagriculture FIEagriculture FIEopen FIEhome w/ accessory HDRhome HDRhouse LDRhouse LDRhouse LDRhouse LDRagricultural FIEhouse LDRhouse LDRhouse LDRagricultural FIEhouse LDRagricultural FIEfield FIEhouse LDRhouse LDRhouse LDRagricultural FIEagricultural FIEhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRfield FIEhouse LDR
  • 136. house LDRhouse LDRhouse LDRfield FIEhouse LDRhouse LDRfield FIEhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRfield FIEhouse LDRhouse LDRhouse LDRhouse LDRfield FIEhouse LDRagricultural FIEagricultural FIEagricultural FIEagricultural FIEhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDR
  • 137. field FIEhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDRhouse LDR
  • 138. City of San AngeloMemoMeeting Date: June 4, 2013To: Mayor and Council membersFrom: AJ Fawver, AICP, Interim Director of Development ServicesJeff Hintz, Interim Senior PlannerSubject: consider petition for possible annexation (to San Angelo’s Citylimits) of certain properties situated southwest of San AngeloLocation: First of two required public comment periods for an areaencompassing a vacant 24.484 acre tract extending northwestfrom Mills Pass Drive, and located directly west of an 8.995 acretract annexed to the City Limits on March 5, 2013 that comprisesthe proposed Prestonwood Addition, Section Two.Contacts: AJ Fawver, Jeff Hintz 657-4210Caption: Public comments for and against annexation of certain propertiessituated immediately west/southwest of San Angelo andencompassing a vacant 24.484 acre tract extending northwestfrom Mills Pass Drive, and located directly west of an 8.995 acretract annexed to the City Limits on March 5, 2013 that comprisesthe proposed Prestonwood Addition, Section Two.Summary:City staff was presented with a petition for annexation of the property described above andspecifically shown in the attached exhibits. A copy of the petition is also included within theexhibits. The property in question is entirely vacant and situated adjacent to a growingresidential subdivision, known as the Prestonwood Addition, located south/southeast of SamsClub and west of Bonham Elementary School. This subdivision, nearing the completion of itsdevelopment, was annexed to the city in 2008 and incorporates both traditional single-familyresidences and zero lot line homes.
  • 139. On March 5, 2013 a vacant 8.995 acre tract was annexed into the City Limits; this particularproperty subject to this annexation request is directly adjacent to this 8.995 acre tract. A zonechange and subsequently was applied for and approved zoning, this 8.995 acres Single-FamilyResidential (RS-1) from its default of Ranch and Estate (R&E) pursuant to section 303.A of theZoning Ordinance. A subdivision of this 8.995 acres was approved by the Planning Commissionand is currently awaiting for conditions of approval to be met before it may be recorded.By accepting the petition and adopting a calendar of annexation proceedings as prescribedunder Chapter 43 of the Texas Local Government Code, City Council initiated a processthat may be completed as early as February 19, 2013.The subject area of proposed annexation is uninhabited and free of any structures.The Local Government Code authorizes cities to annex sparsely occupied areas on petitionof the areas landowner(s). This section (43.028) only applies to the annexation of areasthat meet the following criteria:(1) is one-half mile or less in width;(2) is within the ETJ (Extra-Territorial Jurisdiction) of the city;(3) is vacant and without residents, or on which fewer than three qualified voters reside;(4) is contiguous to the annexing city.annexation calendar (no special meetings needed)first public hearing June 4, 2013second public hearing June 18, 2013introduce annexation July 16, 2013ordinance, on firstreadingsecond and final reading August 6, 2013of annexation ordinanceAnalysis of Proposed Annexation:It is essential that the foundation statement of the 2009 Comprehensive Plan be consideredin context of considering annexations, specifically that:"Rapid land use expansion and recent annexations have affected the identityof the City and established a new development pattern that is fiscallyunsustainable."This Plan provides guidance for annexation, many of which are relevant to this scenario.First, the plan establishes a goal stating that the City should "annex areas before extensivedevelopment of home sites and business properties occurs, guiding any such developmentwithin a framework of municipal regulations on zoning, subdivision, signs, fire preventionand building construction." This excerpt is relevant in this situation, because the area is
  • 140. vacant, and thus, no such development is in place. However, this argument alone is notcompelling enough on its own - as vacant property is currently in place outside the city limitsall around San Angelo - and should not necessarily be annexed.However, the Subdivision Ordinance requires that development that seeks to utilize SanAngelos water service petition for annexation before such service can be extended. Itappears in this case that such a purposeful and specifically-situated tract - in the contextthat the neighboring property under the same ownership which is developing currently - wascreated specifically to pursue annexation in order to develop. As such, the second goaloutlined in this Plan advises to "balance short-term costs of making measured capitalimprovements in possible annexation areas with the long-term costs of not annexing thesesame areas." More specifically, "recognize that determining best areas for annexationinvolves anticipating realistic potential for development around the urban fringe, annexingthe most promising such areas...".The Comprehensive Plan goes on to state that it is important to "identify specific areaswhere...annexation may be useful for incorporating expected new development...within Citylimits, especially where an infrastructure of water utilities already exists."Financial Impact: not applicable, yetRecommendation: N/AAttachments: legal description as provided by the applicant, of the proposedareasurvey map as provided by the applicantpetition as submitted to City staffPresentation: AJ Fawver, AICP, Planning ManagerPublication: A legal notice was required for this and the next public hearing(on June 18th) of this item. This notice was published inaccordance with the Texas Local Government Code, on May21, 2013.
  • 141. City of San AngeloMemoMeeting Date: June 18, 2013To: Mayor and Council membersFrom: AJ Fawver, AICP, Interim Director of Development ServicesJeff Hintz, Interim Senior PlannerSubject: consider petition for possible annexation (to San Angelo’s Citylimits) of certain properties situated southwest of San AngeloLocation: Second of two required public comment periods for an areaencompassing a vacant 24.484 acre tract extending northwestfrom Mills Pass Drive, and located directly west of an 8.995 acretract annexed to the City Limits on March 5, 2013 that comprisesthe proposed Prestonwood Addition, Section Two.Contacts: AJ Fawver, Jeff Hintz 657-4210Caption: Public comments for and against annexation of certain propertiessituated immediately west/southwest of San Angelo andencompassing a vacant 24.484 acre tract extending northwestfrom Mills Pass Drive, and located directly west of an 8.995 acretract annexed to the City Limits on March 5, 2013 that comprisesthe proposed Prestonwood Addition, Section Two.Summary:City staff was presented with a petition for annexation of the property described above andspecifically shown in the attached exhibits. A copy of the petition is also included within theexhibits. The property in question is entirely vacant and situated adjacent to a growingresidential subdivision, known as the Prestonwood Addition, located south/southeast of SamsClub and west of Bonham Elementary School. This subdivision, nearing the completion of itsdevelopment, was annexed to the city in 2008 and incorporates both traditional single-familyresidences and zero lot line homes.
  • 142. On March 5, 2013 a vacant 8.995 acre tract was annexed into the City Limits; this particularproperty subject to this annexation request is directly adjacent to this 8.995 acre tract. A zonechange and subsequently was applied for and approved zoning, this 8.995 acres Single-FamilyResidential (RS-1) from its default of Ranch and Estate (R&E) pursuant to section 303.A of theZoning Ordinance. A subdivision of this 8.995 acres was approved by the Planning Commissionand is currently awaiting for conditions of approval to be met before it may be recorded.By accepting the petition and adopting a calendar of annexation proceedings as prescribedunder Chapter 43 of the Texas Local Government Code, City Council initiated a processthat may be completed as early as February 19, 2013.The subject area of proposed annexation is uninhabited and free of any structures.The Local Government Code authorizes cities to annex sparsely occupied areas on petitionof the areas landowner(s). This section (43.028) only applies to the annexation of areasthat meet the following criteria:(1) is one-half mile or less in width;(2) is within the ETJ (Extra-Territorial Jurisdiction) of the city;(3) is vacant and without residents, or on which fewer than three qualified voters reside;(4) is contiguous to the annexing city.annexation calendar (no special meetings needed)first public hearing June 4, 2013 - held, no comments were madesecond public hearing June 18, 2013introduce annexation July 16, 2013ordinance, on firstreadingsecond and final reading August 6, 2013of annexation ordinanceAnalysis of Proposed Annexation:It is essential that the foundation statement of the 2009 Comprehensive Plan be consideredin context of considering annexations, specifically that:"Rapid land use expansion and recent annexations have affected the identityof the City and established a new development pattern that is fiscallyunsustainable."This Plan provides guidance for annexation, many of which are relevant to this scenario.First, the plan establishes a goal stating that the City should "annex areas before extensivedevelopment of home sites and business properties occurs, guiding any such developmentwithin a framework of municipal regulations on zoning, subdivision, signs, fire preventionand building construction." This excerpt is relevant in this situation, because the area is
  • 143. vacant, and thus, no such development is in place. However, this argument alone is notcompelling enough on its own - as vacant property is currently in place outside the city limitsall around San Angelo - and should not necessarily be annexed.However, the Subdivision Ordinance requires that development that seeks to utilize SanAngelos water service petition for annexation before such service can be extended. Itappears in this case that such a purposeful and specifically-situated tract - in the contextthat the neighboring property under the same ownership which is developing currently - wascreated specifically to pursue annexation in order to develop. As such, the second goaloutlined in this Plan advises to "balance short-term costs of making measured capitalimprovements in possible annexation areas with the long-term costs of not annexing thesesame areas." More specifically, "recognize that determining best areas for annexationinvolves anticipating realistic potential for development around the urban fringe, annexingthe most promising such areas...".The Comprehensive Plan goes on to state that it is important to "identify specific areaswhere...annexation may be useful for incorporating expected new development...within Citylimits, especially where an infrastructure of water utilities already exists."Financial Impact: not applicable, yetRecommendation: N/AAttachments: General area map;map of existing Fire Station;map of water and sewer connections;map of currently improved public roadways and widths;legal description as provided by the applicant, of the proposedarea;survey map as provided by the applicant; andpetition as submitted to City staff.Presentation: AJ Fawver, AICP, Planning ManagerPublication: A legal notice was required for this annexation hearing and waspublished in accordance with the Texas Local GovernmentCode, on June 5, 2013.
  • 144. !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(19636059111212082134551A1ELLISONFAR WESTADDN.SAMS CLUB ADDITIONELLISONSOUTHWESTFACILITIESADDITIONTWINOAKSADDN.ELLISONESTATESCOMMUNITYOF FAITHPRESTONWOOD ADDN.PRESTONWOODADDN.THE BOULEVARD SAN ANGELOWESTSOUTHLSUMMERCRESTDRSOUTHERNOAKLNCORALWAYSHERWOODWAYWILLOWCIRWILLOWCIRAUTUMNWOOD TRLPINON RIDGE DRPINONRIDGE DRMILLSPASSDRLEXINGTONPLKENSINGTONCRKMILLSPASSDRMILLSPASSDRMILLSPASS DRSOUTHLAND BLVDCORALWAYCORALWAYCORALWAYCORALWAYPINON RIDGE DRPINON RIDGE DRPINON RIDGE DRPINON RIDGE DRPINON RIDGE DRGREEN MEADOW DRGREEN MEADOW DRGREEN MEADOW DRGREEN MEADOW DRSOUTHLANDBLVDSOUTHLANDBLVDSOUTHLANDBLVDSOUTHLANDBLVDSOUTHLANDBLVDSHERWOOD WAYSHERWOOD WAYSHERWOOD WAYSHERWOOD WAYSHERWOOD WAY£¤67Property requesting annexationsubject property´City of San AngeloPlanning Division72 W. College AvenueSan Angelo, TX 769031 inch = 500 feetCOMMERCIAL DISTRICTS RESIDENTIAL DISTRICTS MANUFACTURING DISTRICTSCN (NEIGHBORHOOD COMMERCIAL)CO (OFFICE COMMERCIAL)CG (GENERAL COMMERCIAL)CG/CH (GENERAL COMMERCIAL / HEAVY COMMERCIAL)CH (HEAVY COMMERCIAL)CBD (CENTRAL BUSINESS DISTRICT)OW (OFFICE WAREHOUSE)-----------------------------------------------------------------------------------PD (PLANNED DEVELOPMENT)R&E (RANCH AND ESTATE)RS-1 (SINGLE-FAMILY RESIDENCE)RS-2 (TWO-FAMILY RESIDENCE)RS-3 (ZERO LOT LINE, TWINHOMEAND TOWNHOUSE RESIDENCE)RM-1 (LOW RISE MULTI-FAMILY RESIDENCE)RM-2 (HIGH RISE MULTI-FAMILY RESIDENCE)MHP (MANUFACTURED HOUSING PARK)MHS (MANUFACTURED HOUSING SUBDIVISION)ML (LIGHT MANUFACTURING)MH (HEAVY MANUFACTURING)-----------------------------------------------------CU (CONDITIONAL USE)SP (SPECIAL PERMIT)SU (SPECIAL USE)ZC (ZONE CHANGE)Path: Y:City CouncilANNEXATIONSPRESTONWOOD_ADDITION_2013_MARmaster.mxdSherwood Way
  • 145. Property requesting annexationsubject property´City of San AngeloPlanning Division72 W. College AvenueSan Angelo, TX 769031 inch = 400 feetCOMMERCIAL DISTRICTS RESIDENTIAL DISTRICTS MANUFACTURING DISTRICTSCN (NEIGHBORHOOD COMMERCIAL)CO (OFFICE COMMERCIAL)CG (GENERAL COMMERCIAL)CG/CH (GENERAL COMMERCIAL / HEAVY COMMERCIAL)CH (HEAVY COMMERCIAL)CBD (CENTRAL BUSINESS DISTRICT)OW (OFFICE WAREHOUSE)-----------------------------------------------------------------------------------PD (PLANNED DEVELOPMENT)R&E (RANCH AND ESTATE)RS-1 (SINGLE-FAMILY RESIDENCE)RS-2 (TWO-FAMILY RESIDENCE)RS-3 (ZERO LOT LINE, TWINHOMEAND TOWNHOUSE RESIDENCE)RM-1 (LOW RISE MULTI-FAMILY RESIDENCE)RM-2 (HIGH RISE MULTI-FAMILY RESIDENCE)MHP (MANUFACTURED HOUSING PARK)MHS (MANUFACTURED HOUSING SUBDIVISION)ML (LIGHT MANUFACTURING)MH (HEAVY MANUFACTURING)-----------------------------------------------------CU (CONDITIONAL USE)SP (SPECIAL PERMIT)SU (SPECIAL USE)ZC (ZONE CHANGE)Path: Y:City CouncilANNEXATIONSPRESTONWOOD_ADDITION_2013_MARcustom_maps.mxdFire Station
  • 146. Property requesting annexationsubject property´City of San AngeloPlanning Division72 W. College AvenueSan Angelo, TX 769031 inch = 400 feetCOMMERCIAL DISTRICTS RESIDENTIAL DISTRICTS MANUFACTURING DISTRICTSCN (NEIGHBORHOOD COMMERCIAL)CO (OFFICE COMMERCIAL)CG (GENERAL COMMERCIAL)CG/CH (GENERAL COMMERCIAL / HEAVY COMMERCIAL)CH (HEAVY COMMERCIAL)CBD (CENTRAL BUSINESS DISTRICT)OW (OFFICE WAREHOUSE)-----------------------------------------------------------------------------------PD (PLANNED DEVELOPMENT)R&E (RANCH AND ESTATE)RS-1 (SINGLE-FAMILY RESIDENCE)RS-2 (TWO-FAMILY RESIDENCE)RS-3 (ZERO LOT LINE, TWINHOMEAND TOWNHOUSE RESIDENCE)RM-1 (LOW RISE MULTI-FAMILY RESIDENCE)RM-2 (HIGH RISE MULTI-FAMILY RESIDENCE)MHP (MANUFACTURED HOUSING PARK)MHS (MANUFACTURED HOUSING SUBDIVISION)ML (LIGHT MANUFACTURING)MH (HEAVY MANUFACTURING)-----------------------------------------------------CU (CONDITIONAL USE)SP (SPECIAL PERMIT)SU (SPECIAL USE)ZC (ZONE CHANGE)Path: Y:City CouncilANNEXATIONSPRESTONWOOD_ADDITION_2013_MARcustom_maps.mxd
  • 147. Property requesting annexationsubject property´City of San AngeloPlanning Division72 W. College AvenueSan Angelo, TX 769031 inch = 400 feetCOMMERCIAL DISTRICTS RESIDENTIAL DISTRICTS MANUFACTURING DISTRICTSCN (NEIGHBORHOOD COMMERCIAL)CO (OFFICE COMMERCIAL)CG (GENERAL COMMERCIAL)CG/CH (GENERAL COMMERCIAL / HEAVY COMMERCIAL)CH (HEAVY COMMERCIAL)CBD (CENTRAL BUSINESS DISTRICT)OW (OFFICE WAREHOUSE)-----------------------------------------------------------------------------------PD (PLANNED DEVELOPMENT)R&E (RANCH AND ESTATE)RS-1 (SINGLE-FAMILY RESIDENCE)RS-2 (TWO-FAMILY RESIDENCE)RS-3 (ZERO LOT LINE, TWINHOMEAND TOWNHOUSE RESIDENCE)RM-1 (LOW RISE MULTI-FAMILY RESIDENCE)RM-2 (HIGH RISE MULTI-FAMILY RESIDENCE)MHP (MANUFACTURED HOUSING PARK)MHS (MANUFACTURED HOUSING SUBDIVISION)ML (LIGHT MANUFACTURING)MH (HEAVY MANUFACTURING)-----------------------------------------------------CU (CONDITIONAL USE)SP (SPECIAL PERMIT)SU (SPECIAL USE)ZC (ZONE CHANGE)Path: Y:City CouncilANNEXATIONSPRESTONWOOD_ADDITION_2013_MARcustom_maps.mxdMills Pass Drive50 feet ROW40 feet pavement
  • 148. AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOMGREEN COUNTY, TEXAS, ON PETITION OF PROPERTY OWNERS,TERRITORY GENERALLY DESCRIBED AS 24.484 ACRES LOCATEDWEST/SOUTHWEST OF THE CITY EXTENDING NORTHWEST FROM MILLSPASS DRIVE BEING ADJACENT AND CONTIGUOUS TO THE PRESENTCORPORATE LIMITS OF THE CITY OF SAN ANGELO; DESCRIBING THETERRITORY ANNEXED; FINDING THAT ALL NECESSARY ANDREQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDINGFOR AMENDMENT OF THE BOUNDARIES AND OFFICIAL MAP OF THECITY; APPROVING A SERVICE PLAN THEREFORE; SUBJECTING THEPROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXESLEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES ANDRESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAIDTERRITORY; DIRECTING NOTICE TO SERVICE PROVIDERS; DIRECTINGPRECLEARANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARINGCOMPLIANCE WITH OPEN MEETINGS ACT; AND, PROVIDING ANEFFECTIVE DATEWHEREAS, the City of San Angelo, Texas is a home-rule municipality authorized by Statelaw and the City Charter to annex territory lying adjacent and contiguous to the corporate limits ofsaid City of San Angelo, Texas; andWHEREAS, pursuant to Texas Local Government Code, Section 43.028, all of the owners ofa tract of land containing 24.484 acres extending northwest from Mills Pass Drive, Tom GreenCounty, Texas, located directly west of an 8.995 acre tract annexed to the City Limits on March 5,2013 that comprised the Prestonwood Addition, Section Two, more fully described in Exhibit “A”,attached hereto and made a part hereof for all purposes (hereinafter the “Area” or “Territory”), haspetitioned the City Council in writing to annex the Area into the corporate limits of the City of SanAngelo; and,WHEREAS, the Area is (a) one-half mile or less in width; (b) contiguous to the City; and (c)vacant and without residents; and,WHEREAS, three public hearings have been held, the first on May 7thof 2013, the second onMay 21stof 2013, and the third on June 4th1913 as required by law and at San Angelo’s McNeaseConvention Center, where all interested persons were provided an opportunity to be heard on theproposed annexation of property and territory hereinafter described; andWHEREAS, all notices have been issued as required by law and all hearings held within thetime required by law; andWHEREAS, the City Council accepted the Petition Requesting Annexation by AreaLandowners, and directed Planning staff to proceed with the proposed annexation schedule, at aregularly held meeting of the City Council on April 2, 2013; and,
  • 149. WHEREAS, a service plan has been prepared that provides for the extension of appropriatemunicipal services into the area hereinafter described, which plan is attached hereto, and the City ofSan Angelo is able to provide such services; andWHEREAS, the hereinafter described property and territory is not within the boundaries ofany other municipality, lies within the extraterritorial jurisdiction of the City of San Angelo, Texas,and lies adjacent to and adjoins the present boundaries of the City of San Angelo;NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO; TEXAS:Section 1. Findings of Fact. All of the above premises are hereby found to be true and correctand are incorporated into the body of this ordinance as if fully set forth.Section 2. Annexation. The Territory described in Exhibit “A”, attached hereto andincorporated herein for all purposes, said Territory lying adjacent to and contiguous with the presentboundaries of the City of San Angelo, Texas, be and is hereby added and annexed into the City of SanAngelo, Texas, and said Territory shall hereafter be included within the corporate limits of the City ofSan Angelo, and the present boundary lines of said City, at various points contiguous with the Areaannexed, are hereby altered, extended and amended so as to include said Area within the corporatelimits of the City of San Angelo, Texas.Section 3. Amendment of Boundaries and Official Map of City. The official map andboundaries of the City of San Angelo, Texas, heretofore adopted and amended, shall be and arehereby amended so as to include the aforementioned annexed Territory as part of the City of SanAngelo, Texas.Section 4. Service Plan. The service plan attached hereto as Exhibit “B” is hereby approvedand is incorporated herein for all purposes. The City of San Angelo makes an affirmativedetermination that this service plan provides for services to the annexed Territory which arecomparable to other areas within the City of San Angelo with similar land utilization, populationdensity and topography. It is further found that those characteristics of land use, population densityand topography which distinguish this Territory from other areas of San Angelo are considered asufficient basis for providing a different level of services in the annexed Territory.Section 5. Pro rata Share of Taxes. The annexed Territory being a part of the City of SanAngelo for all purposes, the property situated therein shall bear its pro rata part of taxes levied by theCity of San Angelo; and,Section 6. Rights, Privileges and Duties of Inhabitants. The inhabitants of the annexedTerritory shall be entitled to the rights and privileges of the other citizens of the City of San Angeloand shall be bound by the Charter, Ordinances, Resolutions and other regulations of the City of SanAngelo.Section 7. Filing of Ordinance and Preclearance. The City Clerk is hereby directed to file acertified copy of this Ordinance with the County Clerk of Tom Green County, Texas, the VotingRegistrar of Tom Green County, the Tom Green County Appraisal District, The Texas Secretary of
  • 150. State, and the Texas Comptroller of Public Accounts in the manner required by law. The CitySecretary is further directed to notify any service providers of services in the annexed Area and tosubmit preclearance of the annexation with the United States Department of Justice pursuant to Statelaw and the federal Voting Rights Act.Section 8. Severability. If any part, provision, section, subsection, sentence, clause or phrase ofthis ordinance (or the application of same to any person or set of circumstances) is for any reason heldto be unconstitutional, void, or invalid, the validity of the remaining parts of this ordinance (or theirapplication to other persons or sets of circumstances) shall not be affected thereby, it being the intentof City Council in adopting this ordinance, that no part thereof or provision contained herein shallbecome inoperative or fail by reason of any unconstitutionality of any other part hereof, and allprovisions of this ordinance are declared to be severable for that purpose.Section 9. Open Meeting Act Compliance. The City Council for the City of San Angelohereby finds and declares that the meetings at which this ordinance was introduced and finally passedwere open to the public as required by law and that public notice of the time, place and purpose of saidmeetings was given as require by the Open Meetings Act, Chapter 551 of the Texas GovernmentCode.Section 10. Effective Date. This ordinance will become effective sixty (60) days from and afterits adoption.INTRODUCED on the 4th day of June, 2013, and finally PASSED, APPROVED AND ADOPTEDon this the 18th day of June, 2013.THE CITY OF SAN ANGELOby:______________________________________Alvin New, MayorATTEST:by:_________________________________Alicia Ramirez, City Clerk
  • 151. APPROVED AS TO CONTENT APPROVED AS TO FORMA. J. Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 152. City of San AngeloMemoDATE: May 30, 2013TO: Mayor and Council MembersFROM: Robert Salas, Neighborhood & Family Services Department DirectorSUBJECT: Agenda Item for June 18, 2013 Council MeetingCONTACT: Robert Salas 657-4274CAPTION: RegularPublic Hearing to receive citizen input on requested projects to be considered for fundingwith Grant Year 2013 Community Development Block Grant (CDBG) and HOMEInvestment Partnerships (HOME) Grant funds from the U.S. Department of Housing andUrban Development and discussion and deliberation on funding allocations for saidfunds.____________________________________________________________________________________Summary: This is a public hearing for the 2013 CDBG and HOME allocations and the discussionand deliberation of those funds. The City Council needs to make its allocation decisions in order tocomply with the Citizen Participation Plan and allow staff to prepare the Annual Action Plan. Theattached spreadsheet sets out the available funding for the allocations and staff’s recommendations.History: The City expects to receive approximately $739,584 in CDBG funds and $245,399 inHOME funds from the U.S. Department of Housing and Urban Development (HUD) for Grant Year 2013.Additionally, we anticipate receiving $40,000 in CDBG program income, $22,000 in HOME programincome, $48,040 in rental revenue and $30,000 from COSADC for a total of $1,125,023 to be allocated to2013 projects.Project descriptions (attached) provide a synopsis of the applications for funding which were reviewedand analyzed by staff. The other attachment is the 2013 CDBG/HOME Projects Funding Worksheetwhich provides a summary of all proposed projects recommended for funding.Financial Impact: The allocation process must be completed in order to submit the required AnnualAction Plan to HUD for approval and expend allocated funds.Related Vision Item: Neighborhood Revitalization.Other information/recommendations: Staff recommends City Council allocate $1,125,023 to 2013projects as proposed by staff.Attachments: 2013 CDBG and HOME Project Descriptions2013 Funding Worksheets
  • 153. Presentation: By Neighborhood & Family Services Director Bob SalasPublication: Standard Times (English and Spanish)Reviewed by Department Director: N/A
  • 154. PROPOSED CDBG/HOME PROJECT DESCRIPTIONSListed below are detailed descriptions of activities recommended for fundingunder 2013 CDBG and HOME grant programs. Descriptions include timelines foreach project, additional funding received for specific use of the project, andwhat national/local objectives the project addresses.CDBG FUNDED PROJECTS$155,917 CDBG Administration/PlanningStaff and related costs required for overall program management, coordination,monitoring, reporting, and evaluation of CDBG and HOME programs.Additional Funding: NoneNATIONAL OBJECTIVE: NACONS. PLAN OBJECTIVE: Non-Housing Community DevelopmentELIGIBLE ACTIVITY: 21A General Program Administration §570.206$414,954 City’s Housing Rehabilitation ProgramContinues funding for the Housing Rehabilitation/Preservation Program which includes:· Housing Rehabilitation· Emergency Repairs· Program DeliveryHousing Rehab - $177,969 will be for Housing Rehab loans/grants. Assistance will beprovided to at least 5 eligible low/moderate income homeowners and at least 5eligible rental units within the city limits of San Angelo. Expenditures for homeownerrehabs are limited to $24,999.00 per project. Modifications to provide barrier-freeliving space, when feasible, for homes occupied by either disabled or elderlyindividuals requiring such modifications will also be included. Homes will alsoreceive work to reduce lead-based paint hazards, if necessary, based onrequirements set by HUD regulations. Rental rehab properties will be capped at$15,000 per project and will require landlords to invest personal funds into theproject. Landlords will also be required to adhere to affordability timelines and HUDrent limits and caps for the duration of the affordability period. Projects arescheduled first come first served and will be executed throughout the year.Emergency Repairs - $110,000 will fund 100% grant for low/moderate incomehomeowners for up to $5,000.00 in Emergency Repairs. An emergency is a situationor condition that occurred without warning (within two (2) weeks), is detrimental tolife, health, or safety and requires immediate action. Action must be taken within24-72 hours to remediate the emergency situation. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderlyindividuals requiring such modifications will also be included. The goal for thisfunding is to complete repairs for approximately 40 unduplicated households.Services continue throughout the year.
  • 155. Program Delivery - $126,985 will fund salaries and benefits for program staff andprovide funds for operating the Rehab programs.Additional Funding: NoneNATIONAL OBJECTIVE: Benefit 100% low/moderate income householdsCONS. PLAN OBJECTIVE: Affordable HousingELIGIBLE ACTIVITY: 14A Rehabilitation §570.202$38,000 Code ComplianceFunds the salary and benefits for a City of San Angelo Code Compliance Officer. Thisofficer will be assigned to enforce codes, such as junk, junk vehicles, tall grass andweeds, junk appliances, refuse, unsightly material and temporary signs, and relatedstate laws in low/moderate income areas defined by the 2010 Census. On average,the Code Compliance Division performs about 2900 compliance activities annually,which include inspection, re-inspection and violation documentation in low/moderateincome areas. The service provided by the officer will aid in the elimination ofconditions which are detrimental to health, safety and public welfare in targeted areasof the City. Year-long project.Additional Funding: NoneNATIONAL OBJECTIVE: Benefit at least 51% low/moderate incomeCONS. PLAN OBJECTIVE: Non-Housing Community DevelopmentELIGIBLE ACTIVITY: 15 Code Enforcement Activities §570.202(c)$150,713 Debt ServiceRepayment of the Section 108 Loan for Rio Vista Park Renovation and the Producer’sPark Development. This loan totaling $2,035,000 plus interest will be paid back overperiod not to exceed 20 years.Additional Funding: NoneNATIONAL OBJECTIVE: Benefit at least 51% low/moderate income personsCONS. PLAN OBJECTIVE: Public FacilitiesELIGIBLE ACTIVITY: Parks, Recreational Facilities §570.201(c)$20,000 Helping HandsFunds minor repairs to provide cost-free, safe, secure, and weatherproof housing forelderly homeowners. The Helping Hands program will be used to assist with minorrepairs to plumbing, electrical, and other conditions that present an unsafe orunsanitary condition for the homeowner. Approximately 30 homeowners will beassisted through the Helping Hands Program. Projects are scheduled twice a year usingcommunity volunteers.Additional Funding: NoneNATIONAL OBJECTIVE: Benefit 100% low/moderate income personsCONS. PLAN OBJECTIVE: Affordable HousingELIGIBLE ACTIVITY: 14A Rehabilitation §570.202
  • 156. HOME FUNDED PROJECTS$204,439 City’s Affordable Housing ProgramFunds provided for HOME administration and Homebuyers Assistance Programs tocontinue to revitalize the current City Council identified Rio Vista, Blackshear, Reaganand Fort Concho target areas through down payment and closing cost assistance. Ofthe amount allocated, $72,812 will provide for administration costs and $115,000 willprovide approximately 15 families down payment and closing cost assistance topurchase a home. $16,627 will be earmarked for Elderly Duplex maintenance. Projectswill be executed throughout the year.Additional Funding: NoneNATIONAL OBJECTIVE: Benefit Low/Moderate Income Persons BenefitCONS. PLAN OBJECTIVE: Affordable HousingELIGIBLE ACTIVITY: 12,13,14A Affordable Housing/Site ImprovementsRehabilitation/New Construction §92.205(a)$51,000 MHMR Tenant-based Rental AssistanceFunds provide tenant-based rental assistance (TBRA) to 21 clients with a chronic mentalillness residing within the San Angelo city limits over a period of a year. The HOME fundsrequested will provide rental assistance, one time security deposit assistance, and one-time utility deposit assistance. TBRA may be used on any rental property within the Cityof San Angelo that meets HUD’s minimum Housing Quality Standards. Yearlong serviceswill be provided.Additional Funding: NoneNATIONAL OBJECTIVE: Benefit Low/Moderate Income PersonsCONS. PLAN OBJECTIVE: Special Needs/Homeless PopulationsELIGIBLE ACTIVITY: 05S Tenant-Based Rental Assistance §92.205(a)$90,000 Galilee Community Development Corp – CHDO Construction GrantFunds provide for new home construction for low/moderate income residents. GCDC’scurrent goal is to build at least 3 homes with the 2013 allocation and with otherresources.Additional Funding: NoneNATIONAL OBJECTIVE: Benefit Low/Moderate Income PersonsCONS. PLAN OBJECTIVE: Affordability HousingELIGIBLE ACTIVITY: 12 Construction and Housing §92.2.05(a)
  • 157. City of San Angelo2013 CDBG Projects Funding WorksheetCDBG Federal Entitlement 739,584Program Income: Housing Rehab Loan 40,000Program Year Funds Available 779,584Prior Year ProposedAllocation AllocationAdministration/Planning 152,049 155,917Rehab/Housing PreservationProgram Delivery 119,256 126,985Hsg Rehab Program 378,187 177,969Emergency Repairs 90,000 110,000Helping Hands 25,000 20,000Debt Payment Services 151,173 150,713Code Compliance 41,000 38,000Total 813,492 779,584
  • 158. City of San Angelo2013 HOME Projects Funding WorksheetHOME Federal Entitlement 245,399Program Income: Revitalization Loans 22,000SADC Revenue 30,000Shelton Revenue 14,040Elderly Duplex Rent Revenue 34,0002013 Program Year Funds Available 345,439Prior Year ProposedAllocation AllocationHOME Admin 74,646 72,812Elderly Duplex Maintenance 10,000 16,627First-time Homebuyers Asst (Down Pmt) 114,452 115,000MHMR - TBRA 55,000 51,000Galilee CDC (CHDO Set-Aside) 92,000 90,000Totals 346,098 345,439
  • 159. ARTICLE 8.100 GENERAL OFFENSESSec. 8.105 Noise From a Motor Vehicle(a) It shall be unlawful to play, operate or use any device known as a stereo, compact disc player,radio, phonograph, loud speaker, sound truck, or any sound or music amplification system or any otherinstrument of any kind or character which emits loud, unusual, prolonged or raucous noises and isattached to or upon any motor vehicle, unless such person in charge of such vehicle shall have firstapplied to and received a permit from the chief of police or the chiefs designee to operate any suchvehicle so equipped.(1) Denial of a Permit. Denial of a permit may be appealed to the city council by theapplicant. Written request for appeal must be received by the chief of police no later than ten(10) days from the denial of application for a permit.(2) Requirements for Issuance of a Permit. In considering an application, the chief ofpolice or the chiefs designee may consider the type of motor vehicle, the time of day or nightrequested, the length of time for which the permit is requested, the location or locationswithin the city, and any other condition which may impact the public safety, health andwelfare of the citizens of San Angelo. The chief of police or the chiefs designee may requirethe applicant to provide traffic control, security or any other requirement necessary for thepreservation of life, health and property. Any expenses incurred for traffic control andsecurity shall be borne by the applicant. No permit shall be issued for a period longer thantwelve (12) hours. The permit may be revoked at any time by the chief of police or the chiefsdesignee when the public safety, health and welfare makes such revocation necessary. Thepermit so given to any person shall not be transferable.(b) Penalty. Any person who violates any provisions of this article shall be guilty of a misdemeanorand upon conviction shall be subject to a fine as provided for in Section 1.106 of this code. Each day ofsuch violation shall constitute a separate offense.(Ordinance adopted 10/2/01)Page 1 of 16/4/2013http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0
  • 160. City of San AngeloMemoDate: June 14, 2013To: Mayor and Council MembersFrom: Morgan Chegwidden, Budget ManagerSubject: Agenda Item for 6-18-13 Council MeetingContact: Morgan Chegwidden, 653-6291Caption: Regular ItemDiscussion and any action regarding the fiscal year 2013-2014 budgetpreparation.Summary: Staff has begun compiling the draft budget and it is now time to start City Councildiscussions of the fiscal year 2013-2014 budget in order to adopt a budget ontime. Management and staff are working to include criteria that address CityCouncil’s strategic planning priorities in the 2013-2014 budget. At this meeting wewill start preliminary discussions to set the ground work for adopting the 2013-2014 budget.Management and staff will review the budget calendar, review the budgetpreparation process, present an overview of major funds, and submit the plan ofwhat will be discussed at future meetings.History: On February 26, 2013 the City Council held a strategic planning session to identifypriorities for future budgets. This information will be utilized to propose a budgetthat meets City Council’s priorities.In March staff began drafting the 2013-2014 budget. Budget staff held multipletraining opportunities, directors and managers estimated revenue and expenseitems, and performance measures and services were evaluated. The budgetcommittee convened to further refine the draft budget to ensure City Councilpriorities are addressed in the 2013-2014 budget.Financial Impact: None at this timeRelated Vision Item(if applicable):Financial VisionOther Information/Recommendation:N/AAttachments: CalendarPresentation: PowerPointPublication: N/AReviewed byDirector:Michael Dane, ACM/CFOApproved by Legal: N/A
  • 161. 2013-2014 Budget Preparation Calendar
  • 162. 2013-2014 Budget Preparation Calendar (continued)
  • 163. City of San AngeloMemoDate: June 11, 2013To: Mayor and CouncilmembersFrom: Ricky Dickson, Water Utilities DirectorSubject: Agenda Item for June 18, 2013 Council MeetingContact: Ricky Dickson, Water Utilities Director, 657-4209Caption: Update on the Hickory Water Supply ProjectSummary: Ricky Dickson will give an update on the status of the Hickory Water Supply projectscurrentlyin construction, currently advertised for bids, and the projects currently in design.History: Construction on the first Hickory project began in the Fall of 2011 with the WellField Pipelines project. This project has since been completed and two other projects arecurrently under construction. The projects under construction are the 30” Transmission Main andthe Booster Pump Station and Well Field Improvements. Projects currently advertised for bidsinclude the Groundwater Treatment Facility and the Well Field Expansion – Package 1. Projectscurrently in the design phase are the Well Field Expansion – Package 2 which includesequipping the new wells with pumps, providing an additional pump at the Booster Pump Station,well field collector mains and well field access roads.Financial Impact: N/AOther Information/Recommendation: N/AAttachments: PresentationPresentation: Project update by Ricky Dickson.Publication: None.Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, June 11, 2013.
  • 164. City of San AngeloMemoMeeting Date: June 18, 2013To: City Council membersFrom: Jeff Hintz, Interim Senior PlannerSubject: Update and presentation on the progress of the housing committeesubgroups, of Multi-Family Living, Single-Family Living, andTemporary Housing in the form of Campgrounds/RV Parks andExtended Stay situations as established at the April 2, 2013 CouncilMeeting in a joint session with the San Angelo PlanningCommission.Contacts: Daniel Valenzuela, City Manager 325-657-4241Michael Dane, Assistant City Manager 325-657-4241AJ Fawver, Interim Director ofDevelopment Services 325-657-4210Jeff Hintz, Interim Senior Planner 325-657-4210Caption: Update and presentation regarding the status and progress of theHousing Committee and subcommittees in reference to Multi-Family Living, Single Family Living, and Temporary Housing in theform of Campgrounds/RV Parks and Extended Stay situations asdirected by City Council at the April 2, 2013 Joint Session with thePlanning Commission.After these sub-committees were established by the City Council and PlanningCommission at the April 2, 2013 meeting, the City Managers Office (CMO) beganreaching out to stakeholders and invited the public to attend a session(s) of interest tothem. These committees to discuss housing included housing of a single-familyresidential nature, multi-family housing, and temporary housing in the form ofcampgrounds/rv parks and extended stay situations.Each subcommittee meeting had applicable members of City Staff and citizens of thecommunity who have a particular interest in one of the particular topics of discussion.Each committee has had several meetings to discuss issues and voice concerns andsolutions to problems that may arise in the future in relation to the anticipated increase
  • 165. for housing. Generally speaking, no one is entirely sure when the Cline Shale housingdemand will reach San Angelo and how large the demand for housing will be.Single-Family Housing SubcommitteeIn regards to single-family housing, a 10 step strategic mapping practice was taken togain a comprehensive understanding of the issues facing the community. The mainissues identified by this subcommittee were the availability and affordability of single-family detached housing units. This availability has effects on marketing for realtors,buyers, and builders alike. A healthy market in this community generally should havearound 500-550 properties available at any time. At the beginning of this subcommitteemeeting, roughly 340 single-family properties were available; in general the times thatproperties were actually on the market had also been decreasing as well.Moving forward, this group discussed several issues facing housing at this time andreceived some clarification from City staff about what is being done right now by CityStaff to prepare for the anticipated demand that may arrive in the community as a resultof recent developments in the oil fields. This committee had met for about one month,once a week and felt that a marketing strategy and a central hub of information wouldbe ideal to promote and grow the single-family housing market in the community. Adatabase of available properties that are ready to be built upon and a one stop shop forinformation was also sought as ideal. Additional utilization of the Chamber of Commercewebsite and marketing strategies to combine buildable, newly created subdivisionsloaning/lending information and a marketing strategy were deemed to be the idealapproach to make things readily available with one master source; this approach wouldallow for centralized information distribution and make it easier for people looking tobegin developing property for single-family residences within the City Limits.Multi-Family Housing SubcommitteeA 10 step strategic mapping strategy was also taken in this subcommittee and over thecourse of a couple of weeks, goals, a vision, and some steps of action were alsodiscussed. The demand for rental units in the recent months has risen and with that risein demand, the price of units for rent also increased rather drastically in some cases.This particular group believes that some additional rental units would be a realisticachievement that would help alleviate the pricing issue. Discussion of tax credits andthe costs of construction were also brought up in this particular set of meetings. Onemain issue of concern was that there is really no guaranteed number that can bepointed to that shows how many people in particular will be coming into San Angelolooking to live here permanently or live here just while they work. At this time there arenot any vacant complexes, so a simple renovation of some existing units does notappear to be feasible.An additional number of units in the form of fixing up older, perhaps underutilizedproperties in the community could be a strategy to revitalize neighborhoods andimprove the quality of life. A better study of where the oil field "sweet spot" is and whenthe people will be coming might be necessary before investors will come in and try to
  • 166. meet this demand for housing. There are a lot of people living temporarily in othercommunities in the West Texas Region and this subcommittee feels that if we canimprove the quality of life here and keep the costs of developing units here affordable,many of these people living temporarily elsewhere will look to come to San Angelo forthe higher quality of life, and the long term investors will capitalize on this and invest inproperties for the long run if the investment can be justified financially. In terms of actionsteps, the lack of quality information regarding water availability and other key indicatorsinvestors look to prior to investing, need to be made readily available and the numbersprovided need to be updated as often as possible.Temporary Housing SubcommitteePerhaps the most talked about subcommittee of the three, the temporary housingcommittee has also been meeting the longest of the three as well. Initially, this group ofindividuals from the community and City Staff came together to discuss the currentregulations in place the City has; concerns about the placement of these facilities,adverse effects, and other related issues were well vetted out over the course of thesemeetings. After much discussion amongst the committee members, a two prongedapproach to this situation was agreed to be ideal. One this was determined, the realwork had begun. An extensive discussion about what can be done currently with theexisting regulations, enforcement of potential violations, and effects on surroundingproperties and impressions this land use gave to outsiders were discussed at length bythis committee.To date, this group has gotten awfully close in making a final set of recommendationsregarding campgrounds and rv parks to the Planning Commission; this recommendationincludes potential amendments to the Zoning Ordinance and a set of specific usestandards that would be adhered to for anyone looking to operate this type ofestablishment in the future. Issues relating to the protection of existing residential useslocated nearby, site plan requirements, and general enforcement issues highlight thetopics of discussion within this subcommittee. At this point, a recommendation is veryclose to being finalized and very shortly, this group will be looking to transition awayfrom temporary stays in a campground and rv park, into the longer term living situationsthat may take place in some form of industrialized housing. The committee feelsstrongly that the proposed changes regarding campgrounds and rv parks would need tocoincide with a change to the ordinances that govern longer term stays andindustrialized housing; when that point is reached, the committee will look to forwardboth items to Planning Commission for review and possible action before being sent tothe City Council for a final discussion.Presentation: Daniel Valenzuela, City ManagerMichael Dane, Assistant City ManagerAJ Fawver, Interim Director of Development ServicesJeff Hintz, Interim Senior Planner
  • 167. PROCLAMATIONWHEREAS, Small business owners are dynamic people with new innovations and ideasbuilding America’s future. There are approximately 27.9 million small businessesin America today, which have created up to 64% of net new jobs in the country,make up 98% of all U.S. exporters, and with their innovation, creativity andability to bring new products to market quickly, small businesses are theshowstoppers of the national economy; andWHEREAS, Small businesses make a tremendous contribution to our nation’s economic well-being and overall quality of life. Small businesses, which represent about half of theprivate-sector economy and more than 99 percent of all businesses, were at the core ofexpansion, which saw output, business income, and profits rise while businessbankruptcies and unemployment declined. The San Angelo small businesscommunity continues to help strengthen the overall economy, and provide jobopportunities; andWHEREAS, “National Small Business Week 2013” provides an opportunity to recognizeexcellence in entrepreneurship and to salute and honor the accomplishments ofsmall business owners.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of theCity Council, do hereby proclaim the week of June 17-21, 2013 as“SMALL BUSINESS WEEK”throughout the City, and urge all citizens to join in saluting all of our City’s small businessowners, while acknowledging that our nation’s economic engines are fueled by the hard work,determination and ingenuity of America’s entrepreneurs.IN WITNESS WHEREOF, I havehereunto set my hand and caused theSeal of the City to be affixed this18thday of June, 2013.THE CITY OF SAN ANGELO______________________________Charlotte FarmerMayor Pro Tempore