june 18, 2013 agenda packet

City Council Agenda of 5 June 18, 2013

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS

9:00 A.M. - Tuesday, June 18, 2013 McNease Convention Center, South Meeting Room

500 Rio Concho Drive San Angelo, TX 76903

THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS 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. every day 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 Order

B. Prayer and Pledge

C. Proclamation

“Small Business Week”, week of June 17-21, 2013, to be accepted by Dave Erickson, Small Business Development Center Director

D. 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 Public Information Office for Best Use of Social Media, 2nd Place, and Best Media Relations, 3rd Place

E. Public Comment

The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.

II. CONSENT AGENDA 1. Consideration of approving the June 4, 2013 City Council Regular meeting minutes 2. Consideration of adopting a Resolution authorizing the City Manager to execute a contract with

the San Angelo Cultural Affairs Council (SACAC) for the provision of programs which encourage, develop, promote and improve educational and cultural opportunities in the community, provide programs which encourage participation and appreciation of the arts, and provide for the administration of subgrants to qualifying organizations, through funding allocated


from city hotel occupancy tax revenue; and providing for an effective date (submitted by Assistant City Manager/Chief Financial Officer Michael Dane)

3. Consideration of adopting a Resolution authorizing applicant, 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 granting variances relating to rules and regulations of Lake Nasworthy, Park Ordinances and the City’s Noise Ordinance (Submitted by Civic Events Manager Angelica Pena)

4. Consideration of approving a Recreational or Agricultural Lease Agreement (Price) for 2.616 acres of land located adjacent to the lake or river and authorizing the City Manager or Water Utilities Director to 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 Angelo Z13-17: 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 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights 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 PENALTY

6. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-18: Loren Edwards AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from the intersection at Jackrabbit Trail and South Chadbourne Street; property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

7. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-12: NE Interests- Charlie Nicholas AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 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 Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


8. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z13-16: OK Holdings, LLC AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet northwest of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River Estates, proposed Lot 35B, in southern San Angelo, changing the zoning classification from Heavy Commercial (CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

9. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-19: Rocky Spoonts AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 815 South Abe Street, located on the northwest corner of the intersection 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 the east 145 feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

10. 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 the Eastland Heights Addition, immediately adjacent to property owned by a railroad company in north central San Angelo AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-way for Ellis 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; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings 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 the

governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter


G. PUBLIC HEARING AND COMMENT

11. Consideration 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 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 Angelo Comprehensive Plan update adopted in 2009, specifically properties situated south and east from the intersection of Dan Hanks Lane and South Chadbourne Street and extending eastward on the south side of South Chadbourne Street, continuing to Old Eola Road, then southwards along South Loop 306, encompassing the existing city limits and properties situated just outside the current city limits in the 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 situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits 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 Grant Year 2013 Community Development Block Grant and HOME Investment Partnerships Grant funds from the U.S. Department of Housing and Urban Development and discussion and deliberation on funding 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 Vehicle regarding 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 and subcommittees in reference to Multi-Family Living, Single Family Living, and Temporary Housing in the form of Campgrounds/RV Parks and Extended Stay situations as directed by City Council at the April 2, 2013 Joint Session with the Planning Commission (Presentation by City Manager Daniel Valenzuela and Assistant City Manager/Chief Financial Officer Michael Dane)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

19. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 20. Consideration of approving a Board nomination by Council and designated Councilmember:

a. Planning Commission: Mark Crisp (SMD2) to an unexpired January 2014 21. Announcements and consideration of Future Agenda Items

Special City Council Meeting on June 25, 2013 at 9:00 A.M.


22. Adjournment The City Council reserves the right to consider business out of the posted order, and at any time during the meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551 of the Texas Government Code. Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Tuesday, June 11, 2013, at 5:00 P.M.

/s/________________________ Alicia Ramirez, City Clerk

For immediate release June 12, 2013

City’s Public Information Office wins 2 statewide awards

The City of San Angelo’s Public Information Office won two statewide awards for its use of social media and its working relationship with the media at the annual conference of the Texas Association of Municipal Information Officers on June 7. San Angelo garnered a second-place trophy for Best Use of Social Media, finishing behind the City of Austin’s Twitter feed, and a third-place award for Best Media Relations, topped by only Austin and Temple. “Brian Groves, our multimedia coordinator, and I were pleased to be recognized by our peers statewide,” Public Information Officer Anthony Wilson said. “Even more exciting were the many ideas we returned home with regarding how we can better and more proactively 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 of San Angelo, which has a Facebook page (facebook.com/CityofSanAngeloTexas) with more than 7,800 followers, a Twitter account (@CityofSanAngelo) with nearly 1,500 followers, and a YouTube channel (youtube.com/CityofSanAngeloTx) with more than 410,000 views. San Angelo’s Facebook following is greater than that of the cities of Austin, Dallas, Fort Worth, El Paso and Arlington. The City’s Public Information Office has managed to cultivate its social media following with only two employees – one of the smallest staffs represented at the TAMIO conference. TAMIO’s awards competition attracted more than 180 entries across 24 categories. An affiliate of the Texas Municipal League, TAMIO provides professional development for public information officers and promotes an active cooperation and an exchange of information and ideas among its membership.

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Public Information Division Anthony Wilson, Public Information Officer 72 W. College Ave. Office: 325.481.2727 Cell: 325.234.0014 [email protected]

P R O C L A M A T I O N WHEREAS, Monte Maxwell, Chapel Organist, Director of Chapel Music and

the Midshipmen Symphony Orchestra, began his service at the United States Naval Academy in 1997; and

WHEREAS, Mr. Maxwell, a native of San Angelo, Texas, earned his Bachelor

of Music Degree from Texas Christian University, Fort Worth, studying with Emmet G. Smith; then invited to study at the Curtis Institute of Music with John Weaver where he received an Artist Diploma, Curtis' highest degree; and earned his Master of Music Degree from the Juilliard School of Music in New York City, also studying with John Weaver; and while studying in Philadelphia, Mr. Maxwell was an Associate Organist at the John Wanamaker Store, playing the famed six-manual organ, the largest playing organ in the world; and

WHEREAS, At the Naval Academy, Mr. Maxwell serves as the principal

organist for the Protestant and Catholic services as well as playing for weddings, memorial services, funerals, and performances throughout the year; and

WHEREAS, Mr. Maxwell will be performing at the First Christian Church on

Thursday, June 20, 2013, at 7:00 P.M. NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of 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 the surrounding community.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 20th day of June, 2013.

THE CITY OF SAN ANGELO ___________________________

Charlotte Farmer Mayor Pro Tempore

PROCLAMATION

WHEREAS, Small business owners are dynamic people with new innovations and ideas building America’s future. There are approximately 27.9 million small businesses in 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 and ability to bring new products to market quickly, small businesses are the showstoppers of the national economy; and

WHEREAS, 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 the private-sector economy and more than 99 percent of all businesses, were at the core of expansion, which saw output, business income, and profits rise while business bankruptcies and unemployment declined. The San Angelo small business community continues to help strengthen the overall economy, and provide job opportunities; and

WHEREAS, “National Small Business Week 2013” provides an opportunity to recognize

excellence in entrepreneurship and to salute and honor the accomplishments of small business owners.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City 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 business owners, while acknowledging that our nation’s economic engines are fueled by the hard work, determination and ingenuity of America’s entrepreneurs.


THE CITY OF SAN ANGELO ______________________________ Charlotte Farmer

Mayor Pro Tempore

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 565 Tuesday, June 4, 2013 Vol. 104

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:02 A.M., Tuesday, June 4, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer

were 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, 5th Grader at Cornerstone Christian School.

PROCLAMATIONS AND RECOGNITIONS

Mr. & Mrs. Bennie Jackson, July 13, 2013, 50th Wedding Anniversary, will be presented to Mrs. Bennie Jackson. 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 COMMENT

Public 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 AGENDA

APPROVAL OF THE MAY 21, 2013 CITY COUNCIL REGULAR MEETING MINUTES

AWARD OF BID(S) AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY RELATED 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, $35,000.00 VM-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); $75,000.00 WU-11-13: Water Utilities Inventory Supplies, Benmark Supply (Midland, TX), HD Supply Waterworks (San Angelo, TX), Morrison Supply (San Angelo, TX), and Western Industrial Supply (Odessa, TX), Various Quotes

CONSIDERATION OF AWARDING BID ES-02-13 FOR THE 2013 MILL & OVERLAY PROJECT TO REECE ALBERT, INC. (SAN ANGELO, TX), IN SUBSTANTIALLY THE ATTACHED FORM, IN THE

Minutes Vol. 104 June 4, 2013 AMOUNT OF $1,319,556.23, AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED DOCUMENTS (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 SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT 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-T Next to 2002 Brown Street, (Orona), N 75’ of Lot 11, Block 2, Home Acres, $1,200, Suit No. B-07-0113-T 21 W 9th Street, (DeLaughter), Lot 6, Block 30, Miles, $1,500, Suit No. B-96-0220-T 25 W 9th Street, (DeLaughter), Lot 7, Block 30, Miles, $1,500, Suit No. B-96-0203-T ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND CONTRACT FOR, AND ACCEPTING, IF AWARDED, ADDITIONAL FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICES (LPHS) GRANT FUNDS IN THE AMOUNT OF $20,000.00, TO ADDRESS PUBLIC HEALTH IMMUNIZATION AND DISEASE PREVENTION ACTIVITIES AND SERVICES (Page 577, #2013-06-083)

ADOPTION OF A RESOLUTION AUTHORIZING THE RELEASE OF AN EAST/WEST RUNNING UTILITY 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’S RECOMMENDATION TO WAIVE FEES FOR THE TEXAS WEST LITTLE LEAGUE STATE TOURNAMENT, 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 7TH ANNUAL DRAG BOAT RACES ON JUNE 21-23, 2013, AT LAKE NASWORTHY

ADOPTION OF A RESOLUTION BY THE CITY OF SAN ANGLEO, TEXAS (“CITY”), APPROVING AND ADOPTING RATE SCHEDULE “RRM – RATE REVIEW MECHANISM” FOR ATMOS ENERGY CORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY (Page 581, #2013-06-085)

ADOPTION OF A RESOLUTION APPOINTING ELECTION OFFICIALS FOR THE RUNOFF ELECTION TO 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 BUDGET FOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS (Page 589, #2013-06-087)

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS

Minutes Page 567 June 4, 2013 Vol. 104 Motion, to approve the Consent Agenda, as presented, with the exception of BID ES-02-13 and Parks and Recreation Advisory Board’s Recommendation, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

AWARD 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 DOCUMENTS Interim City Engineer Tim Wolff presented background information and explained the mill and overlay process and named the streets considered under the bid project. Motion, to award the bid, as presented, was made by Councilmember Alexander and seconded by Councilmember Farmer. Motion carried unanimously DENIAL OF THE PARKS AND RECREATION ADVISORY BOARD’S RECOMMENDATION TO WAIVE FEES FOR THE TEXAS WEST LITTLE LEAGUE STATE TOURNAMENT, JULY 5-7, 2013 AND JULY 18-21, 2013 AT THE TEXAS BANK SPORTS COMPLEX; AND DIRECTION FOR STAFF TO ESTABLISH CRITERIA GUIDELINES FOR FUTURE REQUESTS Recreation Manager Maryann Vasquez presented background information and informed the variances were based on economic impact in comparison to the fees that would be assessed. General discussion was held on the economic impact of the event, the precedence may be created by this approval, the probability to continue to host future tournaments, the possibly of offering sign-on bonuses for future tournaments, the profits to the entity after 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 Convention and 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 by Councilmember Silvas and seconded by Councilmember Hirschfeld. AYE: Silvas and Hirschfeld. NAY: New, Self, Alexander, and Farmer. Motion failed 2-4. Mayor New commented on the City’s investments on the complex, the need to generate revenue to support the venue, 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 on their website. Responding to a question from Councilmember Hirschfeld, Ms. Vasquez stated the agreed upon commitments included assistance with the mounds, number of motel rooms, number of volunteers to work tournament, vendor fee (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 days 20% Concessions Revenue Restroom 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 requested due to tournament sponsors charging for parking, including two uniformed police officers on staff. Mr. Turner added medical personnel would also be available on site.

Minutes Vol. 104 June 4, 2013 Mayor New recalled Council’s prior discussion to provide assistance on a first time event; however, the City has not secured a future event with the applicant. Therefore, he suggested establishing a criteria or policy to provide future subsidy assistance. Motion, to approve ½ of the requested assistance, was made by Councilmember Farmer. Motion failed due to lack of a second. Motion, to approve the requested cash assistance up to $3500.00 as a sign-on bonus contingent on the applicant returning 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 be available 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 applicant can pay for the field rental, field services, gate fees, and restroom service. He informed the applicant will receive 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 host this even and the applicant is seeking a home for future tournaments. He noted once the first year is established and income and expenses are calculated, then a better forecast would be available for hosting entity to commit or sign a 3 to 5 year contract. Motion, to approve, as presented, was made by Councilmember Silvas. Motion failed due to the lack of a second. Motion, to approve, as presented, with the exception of the 20% commission from the concessionaire, and if the applicant agrees to return next year, then the applicant will receive the 20% as a sign-on bonus, was made by Councilmember Self and seconded by Councilmember Alexander. Councilmember Hirschfeld remarked approval of the request requires more long-term planning by staff and expressed 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, and Farmer. Motion failed 2-4. In conclusion, Mayor New suggested staff establish criterion to address future requests and present such at a future meeting.

RECESS At 9:58 A.M., Mayor New called a recess.

RECONVENE At 10:10 A.M., Council reconvened, and the following business was transacted: APPROVAL OF THE RENEWAL OF RESIDENTIAL LEASES FOR THE FOLLOWING PROPERTIES AND AUTHORIZING THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE 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 the rent escalation based on appraised market value after the time period elapses, the annual rent shall equal the appraised market value of land multiplied by a factor of 0.08.

Minutes Page 569 June 4, 2013 Vol. 104 Motion, to approve the renewals, as presented, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously.

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL LEASE AGREEMENT EXTENDING THE TERM OF A LEASE WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT AS LESSEE, OF CERTAIN PROPERTY LOCATED AT 5575 STEWART LANE, SAN ANGELO REGIONAL AIRPORT – 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 by Councilmember Hirschfeld. Motion carried unanimously. TABLING OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES SITUATED SOUTH AND EAST FROM THE INTERSECTION OF DAN HANKS LANE AND SOUTH CHADBOURNE STREET AND EXTENDING EASTWARD ON THE SOUTH SIDE OF SOUTH CHADBOURNE STREET, CONTINUING TO OLD EOLA ROAD, THEN SOUTHWARDS ALONG SOUTH LOOP 306, ENCOMPASSING THE EXISTING CITY LIMITS AND PROPERTIES SITUATED JUST OUTSIDE THE CURRENT CITY LIMITS IN THE FAR SOUTHEAST PORTION OF SAN ANGELO Interim Senior Planner Jeff Hintz noted the proponent requested the item be postponed to a future meeting. Motion, to table the item, was made by Councilmember Farmer and Councilmember Hirschfeld. 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 ANGELO Z13-17: 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 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights 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 PENALTY

Interim Senior Planner Jeff Hintz presented background information. A copy of the report/presentation is part of 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 by Councilmember 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 ANGELO Z 13-18: Loren Edwards AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A

Minutes Vol. 104 June 4, 2013 COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from the intersection at Jackrabbit Trail and South Chadbourne Street; property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Senior Planner Jeff Hintz presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember 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 ANGELO Z 13-12: NE Interests- Charlie Nicholas AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 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 Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Director of Development Services AJ Fawver presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember 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 ANGELO Z13-16: OK Holdings, LLC AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet northwest of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River Estates, proposed Lot 35B, in southern San Angelo, changing the zoning classification from Heavy Commercial (CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Director of Development Services AJ Fawver presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember 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.

Minutes Page 571 June 4, 2013 Vol. 104 FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z 13-19: Rocky Spoonts AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 815 South Abe Street, located on the northwest corner of the intersection 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 the east 145 feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Director of Development Services AJ Fawver presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. General discussion was made on the historic designation of the building noting the area was not officially designated 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 AUTHORIZING 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 CENTRAL SAN ANGELO AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-way for Ellis 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; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS Interim Director of Development Services AJ Fawver presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. General discussion was held on the future use of the property as a salvage yard and the fact that there was no opposition 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 IMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 24.484 ACRE TRACT EXTENDING NORTHWEST FROM MILLS PASS DRIVE, AND LOCATED DIRECTLY WEST OF AN

Minutes Vol. 104 June 4, 2013 8.995 ACRE TRACT ANNEXED TO THE CITY LIMITS ON MARCH 5, 2013 THAT COMPRISES THE PROPOSED PRESTONWOOD ADDITION, SECTION TWO

Interim Director of Development Services AJ Fawver presented background information noting staff was seeking public comment for or against the annexation of the property. A copy of the report/presentation is part of the Permanent Supplemental Record.

Mayor New opened the floor to hear public comment. No comments were made. Mayor New closed the public comment period. APPROVAL OF A PETITION FOR A VARIANCE UNDER SEC. 11.204 (B), FROM THE REQUIREMENTS OF SEC.11.203 (E) WATER SUPPLY STAGE - DROUGHT LEVEL II REGARDING SECTION 2 (C) WATERING OF “NEW LANDSCAPE” SHALL NOT BE ALLOWED AS STATED IN SECTION 11.202 FOR “NEW LANDSCAPE.” TO FARMERS DAUGHTER Water Utilities Director Ricky Dickson presented background information. Responding to a question by Councilmember Hirschfeld, Petitioner Tam Honaker described the location for the variance between Guadalupe and Campus Streets and noted the petition, as stated, was to seek approval to water what has already been planted. Motion, to approve the variance based on Code of Ordinance Section 11.204(2)(b) & (c), as presented, was made by Councilmember Alexander and seconded by Councilmember Hirschfeld. Motion carried unanimously. TABLING OF DISCUSSION ON THE FISCAL YEAR 2012-2013 BUDGET AS IT RELATES TO AMBULANCE FEE REVENUE Motion, 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 as opposed 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 MOTOR VEHICLE REGARDING ENFORCEMENT MEASURES OF LOUD STEREO MUSIC EMITTING FROM VEHICLES Requested by Councilmember Silvas, Council recommended tabling the item and that staff be available and present 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 how many citations or warnings had been issued.

RECESS

At 11:00 A.M., Mayor New called a recess.

RECONVENE

At 11:17 A.M., Council reconvened, and the following business was transacted:

EXECUTIVE/CLOSED SESSION

At 11:17 A.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071 to consult with attorney on a matter in which the duty of

Minutes Page 573 June 4, 2013 Vol. 104 the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter; Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; and, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo.

RECESS

At 12:06 P.M., Mayor New called a recess.

RECONVENE

At 12:11 P.M., Council reconvened, and the following business was transacted:

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

APPROVAL OF THE RECOMMENDATION BY CITY OF SAN ANGELO DEVELOPMENT CORPORATION AUTHORIZING THE SALE OF PROPERTY AT THE INDUSTRIAL PARK TO SCOTT MEASUREMENT SERVICES INCORPORATED, FOR THE SALE OF 6 ACRES IN THE AMOUNT OF $17,500.00 PER ACRE

Interim Economic Development Director Bob Schneeman provided background information noting the offer was made by Scott Measurement Services Incorporated and approved unanimously by the City of San Angelo Development Corporation.

Motion, to approve the recommendation by City of San Angelo Development Corporation authorizing the sale of property at the Industrial Park to Scott Measurement Services Incorporated, for the sale of 6 acres in the amount 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 ITEMS

City Manager Daniel Valenzuela distributed the proposed June 18, 2013 Agenda and solicited Council comments and suggestions.

Amendment to the Vision Plan Component item

Councilmember Silvas commented on the safety/security factor regarding the numbering on resident mailboxes or 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. Daniel Valenzuela, City Manager suggested he, Mr. Dane and Mr. Wolff meet to discuss a resolution. Ms. Farmer also requested an update on Mr. Murry’s issues regarding Grape Creek Road and 43rd Street.

Mayor New announced he would not be present at the June 18th meeting.

Councilmember Farmer announced she would not be present at the June 25th special meeting.

Councilmember Alexander requested an update on the use of golf carts on public streets and how such use could be incorporated as special use guidelines within the ordinance at the next meeting.

ADJOURNMENT

Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.

The meeting adjourned at 12:19 P.M.

Minutes Vol. 104 June 4, 2013

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)

A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SAN ANGELO CULTURAL AFFAIRS COUNCIL (SACAC) FOR THE PROVISION OF PROGRAMS WHICH ENCOURAGE, DEVELOP, PROMOTE AND IMPROVE EDUCATIONAL AND CULTURAL OPPORTUNITIES IN THE COMMUNITY, PROVIDE PROGRAMS WHICH ENCOURAGE PARTICIPATION AND APPRECIATION OF THE ARTS, AND PROVIDE FOR THE ADMINISTRATION OF SUBGRANTS TO QUALIFYING ORGANIZATIONS, THROUGH FUNDING ALLOCATED FROM CITY HOTEL OCCUPANCY TAX REVENUE; AND PROVIDING FOR AN EFFECTIVE 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; and WHEREAS, City is desirous of implementing a governmental program to foster such development; and WHEREAS, City does not have a governmental department in a position to presently undertake the necessary steps to foster encouragement, promotion, improvement and application of the arts; and WHEREAS, City levies a tax upon hotel and motel occupancy within the City as authorized by law for the encouragement, promotion, improvement, and application of the arts in the city; and WHEREAS, 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 and employs personnel and materials effective in such endeavors; and WHEREAS, City has determined that a contract between City and SACAC will allow City to effectively meet the objectives of the governmental arts assistance program and that SACAC can effectively supervise those programs which promote the arts and which are funded by said hotel and motel occupancy tax; and WHEREAS, City has contracted with SACAC since 2008 to meet its objectives of the governmental arts assistance program by funding SACAC with five percent (5%) of its revenues from the Hotel Occupancy Tax, the term of the contract having expired on September 30, 2012; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to execute the City of San Angelo and Cultural Affairs Council Contract with the San Angelo Cultural Affairs Council (SACAC) for a term of

two years, effective from October 1, 2012, and ending September 30, 2014, pursuant to which SACAC will provide services to include programs which encourage, develop, promote, and improve educational and cultural opportunities in the community; provide planning programs which encourage participation and appreciation of the arts by all citizens of the area; and administer 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, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Michael Dane Lysia H. Bowling Assistant City Manager/Chief Financial Officer City Attorney

of 3 City of San Angelo / San Angelo Cultural Affairs Council Contract

CITY OF SAN ANGELO AND CULTURAL AFFAIRS COUNCIL CONTRACT STATE 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 Cultural Affairs Council, a non-profit corporation (“Council”), acting herein by and through its duly authorized President, is effective as of October 1, 2010. WHEREAS, City, a home rule municipal corporation duly incorporated and operating under the laws of the State of Texas and situated in Tom Green County, Texas, recognizes that local government has an interest in encouraging, developing, and promoting the arts for citizens of the community of San Angelo; and WHEREAS, City is desirous of implementing a governmental program to foster such development; and WHEREAS, City does not have a governmental department in a position to presently undertake the necessary steps to foster development of the arts; and WHEREAS, City levies a tax upon hotel and motel occupancy within the City as authorized by law for the encouragement, promotion, improvement, and application of the arts in the city; and WHEREAS, Council is an established agency whose mission is to encourage, develop, promote, and improve educational and cultural activities in San Angelo and the Concho Valley and employs personnel and materials effective in such endeavors; and WHEREAS, City has determined that a contract between City and Council will allow City to effectively meet the objectives of the governmental arts assistance program and that Council can effectively supervise those programs which promote the arts and which are funded by said hotel and motel occupancy tax; NOW THEREFORE, Council and City, in consideration of the mutual covenants and agreements 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 educational and cultural opportunities in the community; provide planning, coordinating, and promotional services to eligible organizations and groups; provide programs which encourage participation and appreciation of the arts by all citizens of the area; and administer subgrants to qualifying organizations with appropriate programs involving the arts.

2. Budget. Council shall submit to the City Manager an annual operating budget for Council for the next city fiscal year based upon the estimated revenue to be paid to Council by City out of the Hotel and Motel Occupancy Tax and general fund as set out hereafter. Said budget shall reflect the proposed expenditures based upon estimated revenue, to be made by Council during said 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 Occupancy Tax 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 funds received from the Hotel and Motel Occupancy Tax that are paid to Council shall be used solely for the purposes of encouraging, promoting, and developing artistic and cultural programs for City. 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 administrative costs are incurred directly in the encouragement, promotion, improvement, and application of the arts 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 expenditures from the subgrant and make records of these expenditures available for review of the City Council or other person. 5. Financial Records. Council shall maintain complete and accurate financial records of each expenditure of the hotel occupancy tax revenue made by Council and on request of the City Council, the City Manager, or other person, shall make the records available for inspection and review to the City Council or other person. Hotel and Motel Tax revenue shall be maintained in a 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 is not an officer, agent, or employee of City. This Contract is not intended to create a joint enterprise. There is no direct pecuniary purpose or profit motive, but rather the purpose of this Contract is to further the public good. Additionally, Council has the sole right to control and manage its operations. 7. Term. This Contract shall be for a two (2) year term, beginning from its effective date October 1, 2012 and ending September 30, 2014, unless sooner terminated. 8. Termination. It is understood and agreed that either party may terminate this Contract by giving the other party notice in writing of said termination prior to 30 days of termination. No funds will be advanced to Council after notice of termination is given. 9. Unspent Funds Returned. Upon termination of this Contract, the consideration paid by City shall be prorated and returned to City. 10. Assignment. This Contract is not subject to assignment without prior written consent of

the other party. 11. Hold Harmless. Each party agrees to indemnify, save harmless, and defend the other from any and all claims, causes of action, and damages of every kind arising from the operations of the other, its officers, agents, and employees, carried out in furtherance of this Contract. EXECUTED in duplicate originals this ____ day of __________, 2011. CITY OF SAN ANGELO

By: Daniel Valenzuela, City Manager ATTEST: Alicia Ramirez, City Clerk SAN ANGELO BOARD OF CULTURAL AFFAIRS COUNCIL By: President ATTEST: Printed Name: Secretary APPROVED AS TO CONTENT APPROVED AS TO FORM Michael Dane Asst. City Manager/CFO Dan T. Saluri, Sr. Asst. City Attorney

City of San Angelo

Memo Date: May 24, 2013

To: Mayor and Councilmembers

From: Michael Dane, ACM/CFO

Subject: Agenda Item for June 18, 2013 Council Meeting

Contact: Michael Dane

Caption: Consent Agenda

A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SAN ANGELO CULTURAL AFFAIRS COUNCIL (SACAC) FOR THE PROVISION OF PROGRAMS WHICH ENCOURAGE, DEVELOP, PROMOTE AND IMPROVE EDUCATIONAL AND CULTURAL OPPORTUNITIES IN THE COMMUNITY, PROVIDE PROGRAMS WHICH ENCOURAGE PARTICIPATION AND APPRECIATION OF THE ARTS, AND PROVIDE FOR THE ADMINISTRATION OF SUBGRANTS TO QUALIFYING ORGANIZATIONS, THROUGH FUNDING ALLOCATED FROM CITY HOTEL OCCUPANCY TAX REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE.

Summary: A contract with San Angelo Cultural Affairs Council needs to be executed in order for the SACAC to receive and expend Hotel Occupancy Tax (HOT) according to the Code of Ordinances Section 5.8000 through September 30, 2014. Council approved an amendment to the HOT Ordinance on March 19, 2013, removing the exact allocation amounts thus allowing Council more discretion and flexibility to distribute funds. The renewal contract has been revised to include the language stating the exact percentage SACAC will receive (5%). History: The City of San Angelo levied the Hotel Occupancy Tax for the operation of convention facilities, the promotion of tourism, and the improvement of the arts. The SACAC contract 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. SACAC will receive 5% of the total receipts on a monthly basis. Related Vision Item (if applicable): Financial Vision

Other Information/Recommendation: Staff recommends approval to extend the terms of the contract. Attachments: Contract and Resolution Presentation: N/A Publication: N/A Reviewed by Service Area Director: Michael Dane, Finance

City of San Angelo

Memo Date: March 5, 2012


From: Carl White, Parks and Recreation Director


Caption: Consent Agenda Item

Consideration of approving variances to the City Code for the Wakeboard Tournament 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 the waters of Lake Nasworthy such as “No Wake” zones. The event will be held at Middle Concho Park. Authorization is also requested to allow the Interim City Manager to execute an indemnification agreement with Specialty Sports for the event. Financial Impact: None. Related Vision Item (if applicable): Parks and Open Space Vision

· Increase recreation opportunities Other Information/Recommendation: Staff recommends approval. Attachments: Special Event Application

Supplement to the Special Event Application Resolution Indemnification Agreement Participant Release Form

Presentation: None Publication: N/A Reviewed by Assistant City Manager: Carl White, Parks & Recreation Director, May 7, 2013

EXHIBIT A SUPPLEMENT TO SPECIAL EVENTS PERMIT

Wake the Desert Wakeboard Tournament July 19, 20, 21, 2013

Permit Holder: Specialty Sports, Inc., dba Ski Skellar Sports (hereinafter “SSS”), 3327 W. Wadley, Midland, TX 79707 Contact Person: Name Phone Scott Ragan (432) 697-0427 Location of Event: Lake Nasworthy; Middle Concho Park (hereinafter “Area”) Name of Event: Wake the Desert (hereinafter “Event”) Date of Event: July 19-21, 2013 Set up: July 18, 8:00am through sunset Anticipated Attendance: 100-500 per day Hours of Operation: 8:00 am through sunset July 19 8:00 am through sunset July 20 8:00 am through sunset July 21 This 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 Activities

1. 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, and spectators.

4. SSS may set up tents and signs and allow vendors in the Area subject to any regulations set out in this Permit.

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 and

shall provide proof of such insurance. b. As deemed appropriate by the City Attorney, SSS shall provide City with an

Indemnification Agreement executed by SSS and Releases executed by rider participants, on forms approved by the City.

3. Vendors.

a. Vendors shall obtain all necessary health permits and shall have appropriate liability insurance 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 Concho

Park at no charge for the dates of the event. Event organizer must provide the list showing 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 listed requirements and to correct any deficiencies. In case of a threat to the public health or safety, the City Manager 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 Event The City Manager or his designee shall have the authority to interpret this Permit and/or adopt new rules during the Event to ensure public health and safety and proper use of all public right-of-ways. EVENT SPONSOR Print Name: Angelica Pena Date Date: Civic Events Manager

Attachment 1 to Exhibit A TO THE 2013 WAKEBOARD TOURNAMENT PERMIT

Exhibit 1 to Event Resolution

Variances 1) 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 terrain

vehicles 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 duration of the Event and during the set up period.

4) Notwithstanding City ordinances to the contrary, event Sponsor shall not be required to

obtain permits for street closure, tents, vendors (except for health permits) and signs. 5) Notwithstanding City ordinances to the contrary, flags, banners, and information signs

shall be allowed for the Event. Placement shall be coordinated 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 ordinances regulating activities on the public property and waters of Lake Nasworthy (including, but not limited to, “no wake 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.

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

WHEREAS Specialty Sports, Inc., a Texas corporation, doing business as Ski Skeller Sports, hereinafter referred to as (“Applicant” or “Indemnitor”) has applied with the City of San Angelo hereinafter referred to as (“City” or “Indemnitee”) for permission to conduct a special recreational and sporting event known as “Wake the Desert” wakeboard tournament hereinafter referred to as (“Event”); at Lake Nasworthy, City of San Angelo, Tom Green County, Texas; the use of Lake Nasworthy, including the waters of Lake Nasworthy, the land and subdivisions of Lake Nasworthy, and the facilities of Lake Nasworthy, Tom Green County, Texas, hereinafter collectively “the Property” or “the Premises”; and, WHEREAS in consideration for the granting of Applicant’s application to conduct the Event at Lake Nasworthy from and including July 19th through July 21st, 2013, and including set up on July 18th, 2013 and clean up on July 21st, 2013, Applicant desires 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, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF APPLICANT OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF APPLICANT, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF APPLICANT ITS AGENTS OR EMPLOYEES AND ANY OTHER ENTITY, AS A DIRECT OR INDIRECT CONSEQUENCE OF ITS HOLDING OF A SPECIAL SPORTING AND RECREATIONAL EVENT FROM AND INCLUDING JULY 19TH THROUGH JULY 21ST, 2013, INCLUDING SET UP ON JULY 18TH, 2013 AND CLEAN UP ON JULY 21ST, 2013, AT LAKE NASWORTHY, CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, OR SUSTAINED IN OR UPON THE WATERS OR PREMISES OF LAKE NASWORTHY, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY APPLICANT, ITS AGENTS OR EMPLOYEES HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THE PERMIT OR PERMISSION GRANTED BY CITY TO HOLD THE DESCRIBED SPECIAL SPORTING AND RECREATIONAL EVENT FOR AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE APPLICANT TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT. Executed this day of , 2013. INDEMNITOR: INDEMNITEE: Specialty Sports, Inc. City of San Angelo, Texas By: By: Richard Ragan, Vice Pres. Daniel Valenzuela, City Mgr. ATTEST: ATTEST: By: By: Gina Ragan, Secretary Alicia Ramirez, City Clerk

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF SAN ANGELO TEXAS AND SKI SKELLER SPORTS Approved as to content: Approved as to form: John Seaton, Risk Manager Lysia H. Bowling, City Attorney.

CITY OF SAN ANGELO

WAIVER OF LIABILITY

AND INDEMNITY AND HOLD HARMLESS AGREEMENT

In consideration for receiving permission to participate in the “WAKE THE DESERT” wakeboard tournament and related activities (hereinafter referred to as “Event”); the use of Lake Nasworthy, including the waters of Lake Nasworthy, the lands and subdivisions of Lake Nasworthy, and the facilities of Lake Nasworthy, hereinafter collectively “the Property” or “the Premises” at Lake Nasworthy, City of San Angelo, Tom Green County, Texas, (hereinafter referred to as “Premises”) and other good and valuable consideration, the receipt of which is hereby acknowledged, I hereby RELEASE, WAIVE and DISCHARGE, and COVENANT NOT TO SUE the City of San Angelo, 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 action whatsoever 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 otherwise while participating in such Event or related activity, or while in, on or upon the premises where the Event and related activities are being conducted, or in transportation to or from said premises. To the best of my knowledge I am physically able and otherwise qualified to fully participate in the Event. I am fully aware of the risks and hazards connected with the activities in which I plan to participate, and I voluntarily elect to enter the premises and participate in the Event, knowing that the activities may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF 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 the Event, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and reasonable attorney’s fees, that may be incurred by Releasees due to my participation in said activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise.

“WAKE OF THE DESERT” wakeboard tournament, Waiver of Liability, Indemnity and Hold Harmless Agreement: Page 2 of 2

I UNDERSTAND THAT THE CITY OF SAN ANGELO WILL NOT BE RESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED WITH ANY INJURY THAT MAY BE SUSTAINED. It is my express intent that this Waiver of Liability and Indemnity and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named Releasees. I hereby further agree that this Waiver of Liability and Indemnity and Hold Harmless Agreement shall be constructed in accordance with the laws of the State of Texas. IN SIGNING THIS WAIVER OF LIABILITY AND INDEMNITY AND HOLD HARMLESS AGREEMENT I ACKNOWLEDGE AND REPRESENT that I have read the foregoing instrument in its entirety, that I understand it, and that I am waiving valuable legal rights and assuming legal obligations by the execution hereof. I sign this Waiver of Liability and Indemnity and Hold Harmless Agreement voluntarily as my free act and deed; no oral representations, statements or inducements, apart from the content of this agreement, have been made to me. I am at least eighteen years of age and I am fully competent to understand and execute this agreement. I execute this Waiver of Liability and Indemnity and Hold Harmless Agreement for full, adequate, and complete consideration as set forth hereinabove fully intending to be bound by the same. IN WITNESS WHEREOF, I have hereunto set my hand on this , day of _________, 2013. Participant’s Signature Print Participant’s full name above.

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING APPLICANT, 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 GRANTING VARIANCES RELATING TO RULES AND REGULATIONS OF LAKE NASWORTHY, PARK ORDINANCES AND THE CITY NOISE ORDINANCE

WHEREAS, Chapter 9, Article 9.100 of the Code of Ordinances for the City of San Angelo provides that the City Council may authorize individuals or groups to hold special events for sporting and recreational purposes at Lake Nasworthy; and, WHEREAS, Chapter 9, Article 9.100 further provides that the City Council may authorize temporary variances from the prohibitions and requirements of City ordinances for such events; and, WHEREAS, the “WAKE THE DESERT” wakeboard tournament has been an annual sporting and recreational event at Lake Nasworthy; and, WHEREAS, the City Council has taken into account those factors as applicable pursuant to the ordinance providing for the granting of variances; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: Specialty Sports, Inc., dba Ski Skellar Sports (hereinafter Applicant), is hereby authorized to hold a special event at Lake Nasworthy, known as “Wake the Desert”, wakeboard tournament, on July 19th, 20th, and 21st, 2013, and set up for the event on July 18th, and clean up after the event on July 21st, 2013. The event may include those activities as described on that certain “City of San Angelo-Special Event Application” and attachments thereto (hereinafter collectively referred to as “Application”) submitted by Applicant, a copy of which is attached to this Resolution as Exhibit A, and made a part hereof for all purposes. The execution of an indemnification and hold harmless agreement as required by the Director of Parks and Recreation and the requirements imposed upon the Applicant as set forth in 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 to in the Application relating to Rules and Regulations of Lake Nasworthy, Park Ordinances and the City Noise Ordinance are hereby granted during those times when the said special event is in progress from and including July 19, 2013 through July 21, 2013. APPROVED AND ADOPTED ON THE DAY OF , 2013.

Signature page to follow

THE CITY OF SAN ANGELO, TEXAS

Alvin New, Mayor

Attest: Alicia Ramirez, City Clerk Approved As to Content: Approved As to Form: Angelica Peña Lysia H. Bowling, Civic Events Manager City Attorney

Attachment 1 to Exhibit A TO THE 2013 WAKEBOARD TOURNAMENT PERMIT

Exhibit 1 to Event Resolution

Variances 1) 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 terrain vehicles 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 duration of the Event and during the set up period.

4) Notwithstanding City ordinances to the contrary, event Sponsor shall not be

required to obtain permits for street closure, tents, vendors (except for health permits) and signs.

5) Notwithstanding City ordinances to the contrary, flags, banners, and

information signs shall be allowed for the Event. Placement shall be coordinated 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 ordinances

regulating activities on the public property and waters of Lake Nasworthy (including, but not limited to, “no wake 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.

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City of San Angelo

Memo Date: June 6, 2013


From: Ricky Dickson, Water Utilities Director

Subject: Consent Item for June 18, 2013 Council Meeting

Contact: Ricky Dickson, Water Utilities Director, 657-4209

Caption: Consideration of approving a Recreational or Agricultural Lease Agreement with Frank S. and Ginger Price for 2.616 acres of land located adjacent to the lake or river and 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 enter into 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 approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Agreement and Exhibit A and B Presentation: None. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, June 6, 2013 Reviewed and Approved by City Attorney: Lysia H. Bowling, City Attorney June 10, 203

City of San Angelo

Memo

Meeting Date: June 4, 2013

To: City Council members

From: Kevin Boyd, Planner

Subject: Z13-17: P.V. McMinn, Jr., a request for a zone change from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to allow for townhouses, on the following property:

Location: An unaddressed 1 acre tract, located at the northwest corner of the

intersection of West Beauregard Avenue and Moritz Circle; more specifically occupying the Clar-Mor Heights Addition, Block 1, Lots 4 - 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 325-439-1941

Kevin Boyd, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z13-17: 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 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Zero Lot Line,

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Twinhome and Townhouse Residential (RS-3) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may:

(1) Approve the proposed zone change as requested; or (2) Modify the application to some alternative zoning classification believed to be

more appropriate; or

(3) Deny the proposed zone change, altogether. Recommendation: Planning staff recommends approving the proposed zone change request from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3). Planning Commission recommended approval of this request by a vote of 6-0 on May 20, 2013.

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History and Background:

General Information

Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Vacant, undeveloped tract Surrounding Zoning/Land Use: North: Single-Family Residential (RS-1) Undeveloped residential lots,

residences, and Christ Evangelical Lutheran Church

West: Single-Family Residential (RS-1) Single family detached housing South: Single-Family Residential (RS-1) Single family detached housing

and Anglican Church of Good Shepherd

East: Neighborhood Commercial (CN) HEB store, Dollar Tree, Cato Fashion, Check Cashed Loans, Rent-A-Center, a vacant commercial building and First Church of the Nazarene

Thoroughfares/Streets: West Beauregard Avenue and Moritz Circle are

identified as a ‘local streets’, designed to carry light neighborhood traffic at low speeds.

Sherwood Way is identified as a "major arterial

street" and is designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets.

Zoning History: The property was annexed within the city around

1949. As far back as 1954, the property has been zoned

Single Family Residential (RS-1). Applicable Regulations: Allowed uses for this property can be found in

Section 310 (Use Table) of the Zoning Ordinance. Development Standards: Residential development setbacks are outlined in

Section 501 of the Zoning Ordinance.

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All required off-street parking and the connection(s) to a public right-of-way are required to be paved.

Vision Plan Map: Neighborhood Related Comp Plan Excerpts: “Promote better transition between nearby

commercial and residential use of land and buildings.”

"Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods."

"Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods."

"...encourage appropriate and supportive infill development at Neighborhood Centers."

"Promote a mix of various uses...to encourage the necessary infill...for Neighborhood Centers."

"Establish transition areas to better "scale-down" intensity of use from commercial centers to neighborhoods."

"...this [access to Neighborhood Centers] is best achieved through clustered commercial centers, but also through increased access and connectivity between the neighborhoods and their associated Neighborhood Centers."

"...slowly reorganize commercial corridors into clusters..."

"Create new physical connections to neighborhoods lined with transitional and intermediate uses."

"Variety of residential product types - multi-family, townhomes, courtyard homes, patio homes, etc."

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Special Information

Traffic Concerns: Changing the zoning to a more intensive residential district has the potential to generate additional traffic than if the property remained as-is.

Parking Requirements: Dwelling units require a minimum of 2 parking

spaces, per Section 511.B of the Zoning Ordinance.

Parking Provided: No parking exists as the tract remains vacant and

undeveloped. Density: Surrounding properties are medium commercial

and residential in nature. The Vision Plan calls for 'Neighborhood' type development for the site in question.

Notification Required: Yes Notifications Sent: 13

Responses in Favor: 2 Responses in Opposition: 0

Analysis:

In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible

with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.

2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.

3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.

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4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.

5. Effect on Natural Environment. Whether and the extent to which the proposed amendment 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 amendment addresses a demonstrated community need.

7. Development Patterns. Whether and the extent to which the proposed amendment would 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, thus recommending 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 Plan envisions properties west of Moritz Circle (which includes the tract in question) and south of West Beauregard Avenue to remain designated as ‘Neighborhood’. The category ‘Neighborhood’ fits with RS-1, RS-2, RS-3, RM-1, RM-2, MHP and MHS zoning. Although the most common housing type is single family detached residences, introducing higher density residential development will further diversify the area’s housing stock – which is consistent with the intent of the Comprehensive Plan. The request is consistent with aspects of the Zoning Ordinance. The proponent seeks a zone change from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhome Residential (RS-3) district with plans to develop a series of townhomes on the properties. RS-3 zoning allows for residential development to include zero lot line dwellings, twinhomes and townhouses (Section 310 and 311, Zoning Ordinance). Some conditional uses allowed in the district are religious institutions, safety services and schools. Twinhomes and townhomes are also permissible in Low Rise Multifamily Residential (RM-1) zoning but given the small size of the lots, it is not a suitable configuration for apartment development. The tract in question is comprised of three platted lots and meets the minimum lot area and dimension of the proposed zoning, per 501 of the Zoning Ordinance. A zone change to RS-3 will allow for lots to be further subdivided to maximize buildable space - a minimum of 40' x 60' (2,500 sq ft.) for zero lot line or twinhome units and 25' x 75' (1,875 sq ft.) for townhouse units, per Section 501. While much of the residences in the area reflect low density, single family zoning, there are two sizeable tracts, just east of the site along West Beauregard Avenue, that have

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Low Rise Multifamily Residential (RM-1) zoning - 5.2 and 2.5 acres, respectively. The larger of the two properties still serves as a vacant lot. The other lot is occupied by Crestwood Terrace Apartments – which is densely developed at this time; the RM-1 zoned 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 dimension measure roughly 110' x 140'. The townhomes that the proponent hopes to construct will front Moritz Circle, the rear of the buildings will be along the existing alley (see conceptual plan below). Directly to the east of the site are several commercially zoned properties – Neighborhood Commercial (CN), General Commercial (CG) and General Commercial / Heavy Commercial (CH) all exist within 400 feet of the tract. Much of the area, especially points north and northeast of the site has developed as an established commercial corridor which began in the 1950 - 1960s with developments like the Kmart store, now HEB. Other commercial establishments include Dollar General, Cato Fashions, Sonic and Rent-A-Center. The proposed use is compatible with surrounding uses and may provide an additional customer base for some of the commercial development in the area. This request represents changed conditions to the current Ordinance, in that, RS-1 limits residential development to single family detached housing. A zone change to RS-3 will provide opportunities for higher density residential development. As previously mentioned, allowed uses in a RS-3 zone are zero lot line dwellings, twinhomes and townhouses. This request is consistent with the "Neighborhood" development designation of the Comprehensive Plan, as such an amendment to the Vision Plan Map of this document is not required to approve this request.

Staff expects that the proposed zone change will have minimal negative impacts on the natural environment. While the change will allow provide a wider range of residential development 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 in developing the tract. Conceivably there can be greater storm water runoffs generated from twinhomes or townhome development, as opposed to single family detached dwellings which typically have smaller building footprints. An internal site review conducted by city staff will ensure that any approved project directs runoff away from neighboring properties. The requested zoning represents a community need. Currently RS-3 is one of the city’s more underutilized zoning districts. Twinhomes and townhomes are ideal building types for lots, such as the one in question – narrow strips of land that typically accommodate single 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, if developed widely, poses less strain on the city’s infrastructure, compared to single family detached housing. The change will provide a mixture of housing opportunities for residents in the area.

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The site boasts close proximity to major roadways and commercial development; it also provides a nice transition between uses. The tract of land is accessible to nearby arterials – Sherwood Way and West Avenue N / Arden Road. The requested zone change and proposed development will offer suitable infill opportunities for a tract of land that has serve as vacant, open space for many years. The zone change will enable development which provides a buffer between uses, a transition from neighborhood serving commercial to single family housing units. The location also provides close proximity to shops and retail - within 700 feet of the HEB Supercenter and 200 feet from Cato 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 establishing sustainable environments. Proposed Conditions

N/A

Attachments: Excerpt from zoning map, showing the general location within the City of San Angelo;

Excerpt from zoning map, highlighting subject property; Aerial photo, highlighting subject property; Excerpt from the comprehensive plan vision map highlighting

the 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;

and Draft Ordinance.

Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (05/09/13)

Z 13-17: P.V. McMinn Jr. A request for a zone change from Single-Family Residential (RS-1) to Zero Lot

Line, Twinhome and Townhouse Residential (RS-3) to allow for townhouses, on the following property:

An unaddressed 1 acre tract, located at the northwest corner of the intersection

of West Beauregard Avenue and Moritz Circle; more specifically occupying the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo.

Kevin Boyd, Planner, came forward to present this request, consistent with the staff recommendation of approval. Thirteen notifications were sent out, with two received in favor and two received in opposition to the request. The subject property was shown on a map of the general area. To the west and south of the subject property is a low-density neighborhood, and to the east and north of the subject property is a large commercial node stemming from the intersection of Sherwood Way and West Avenue N. A map denoting the notifications received in favor and opposition was shown. A conceptual plan, while not required for the application, was shown as provided by the applicant. Mr. Boyd described the configuration of the lots and the need for diversification of the residential offerings in this area as outlined in the Comprehensive Plan. There are opportunities for transition into the neighborhood which this development could provide. Currently, the intensive commercial properties are separated from the neighborhood by a vacant half-block. Bill Wynne asked questions about the minimum lot sizes and density that would be allowed. P.V. McMinn came forward to speak in favor of this request. Mr. McMinn looked at this property in 1979 for this type of development, but at that time, the church owned the property. Mr. McMinn purchased the property recently in order to make another effort to develop the property in a way that would provide a transition between the strip center and the nearby neighborhood. Gerald Toole, a resident of Moritz Circle, came forward to speak in opposition to the request and explained that the density of the property is his main concern, in addition to the traffic that would be generated by the development. Ms. Fawver explained that the zoning change application, by ordinance, does not require a site plan to be submitted. The zone change procedure is intended to pose the question of whether or not the type of zoning is appropriate for the lots in question, and the site planning is outside the jurisdiction of this Commission. So long as the site planning and arrangement of structures is done in a way which follows the ordinance, there are a wide variety of ways which the layout may be configured. Neither the staff, Ms. Fawver explained, nor the Planning Commission may place conditions 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 to speak in opposition to the request. His opposition was based largely on the traffic generated and the impact on property values in this area. The transition, he felt, was not an appropriate one.

Belinda and Alex Vega came forward to speak in opposition to this request. They are directly across the street from the proposal and find the request to be inconsistent with the development in that area. Traffic and unknown neighbors are of concern to them and their family. Their home has a high value and as such, they want to preserve that. They were unable to think of any benefits to the area that could be provided by development of this location and stated that there were a variety 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 was successful in the vicinity of Bentwood Country Club, where property values are quite high. Bill Wynne mentioned that he had constructed townhomes in southwest San Angelo and 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 development has also increased adjacent property values. Bill Lawrence mentioned that this site has not yet found the best use for it and that this appears to be an appropriate fit based on the factors outlined in the staff report and observation of the area. Motion, to approve as presented, was made by Ryan Smith and seconded by Joe Grimes. The motion passed unanimously, 6-0.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights 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 PENALTY

RE: Z 13-17: P.V. McMinn, Jr.

WHEREAS, the Planning Commission for the City of San Angelo and the governing

body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; 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 enacted

by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, shall henceforth be permanently 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 the Director of Planning, to reflect the herein described changes in zoning.

SECTION 2: That in all other respects, the use of the hereinabove described

property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances 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 not affect 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 a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.

INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of June, 2013.

THE CITY OF SAN ANGELO

____________________________________

Alvin New, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney

City of San Angelo

Memo


To: Planning Commission members

From: Roxanne Johnston, Planner

Subject: Z13-18: Loren Edwards, a request for approval of a zone change from Ranch & Estate (R&E) to Heavy Commercial (CH) to allow for activities allowed within CH zoning districts on the following property:

Location: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from

the intersection at Jackrabbit Trail and South Chadbourne Street. This property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo.

Purpose: Approval of this request would designate the subject property as a

Heavy Commercial (CH) Zoning District.

Contacts: Loren Edwards 325-763-4967 Roxanne Johnston, Planner 325-657-4210 .

Caption: First Public Hearing and consideration of introduction of an

Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 13-18: Loren Edwards

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID

EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND

CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 4398 Jackrabbit Trail; located approximately 1,390 feet northeast from the intersection at Jackrabbit Trail and South Chadbourne Street. This

property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A

PENALTY


(1) Approve the proposed zone change as requested; 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 proposed Zoning Classification to Heavy Commercial (CH).


The applicant is seeking this zone change in order to lease the property out to oilfield-based businesses. The applicant is also proposing to use an existing 1250 ft2 shop for an office and plans to construct a 5,000 ft2 shop for servicing oil field machinery which could include selling parts. These uses all fall under the “Industrial Use Category” as defined in Section 316 of the Zoning Ordinance and are allowed in CH zoning districts.

Most of the property in this area consist of acreage ranging anywhere from one or more acres with the largest on the east side of Jackrabbit Trail 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 and south, respectively. With regards to current area zoning, a ½ mile stretch of properties zoned R&E extends north and south along the east side of Jackrabbit Trail and includes the subject property. A single house along this stretch is located approximately 720 feet north of the subject property within this R&E zoning district and abuts a ML zoning district to the north. There is a concentration of ML zoning east of the subject property along Christoval Road. Some of these properties are zoned both ML and R&E. There are also properties zoned CH along the east side of Christoval Road and also between Jackrabbit Trail and Christoval Road. The nearest is approximately 1900 feet southwest from the subject property. A lone CG/CH zoning district is located approximately 450 feet northeast of the subject property.

Staff found that R&E properties in the study area (including the 62.5 acre

parcel) largely consist of vacant fields. There are two fields that contain corrals (one with horses) and are also used to store farm equipment. The ML zoned property behind the subject property contains an old monastery and staff is unsure of how it is being used at this time. By all appearances, it seems vacant. Other area uses include a small heavy equipment storage yard, a storage facility, and an electrical services company (Jett Electric), all near the corner of Jody Lane and Jackrabbit Trial. A light manufacturing tool shop is also near this intersection. Although the latest has not yet been built, the Planning Commission allowed the construction of telecommunications towers on two properties along the north end of Strawn Road (SP99-11 and CU11-18). National Oil Well Varco has an office along Christoval Road and yet another property 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 or household consumer machinery, equipment, products or by-

products….Relatively few customers, especially the general public, come to the site.” This section also gives examples of accessory uses for industrial services. Those particularly relevant to this proposal include welding shops; machine shops; tool repair; sales, repair and /or storage of heavy machinery, metal and building materials; towing and vehicle storage; and heavy truck servicing (including wash) and repair. A complete list of industrial services can be found in Section 316.A.3 of the Zoning Ordinance.

Uses allowed in CH zoning districts include group living, and alcohol and

drug recovery facilities, meeting areas for religious institutions, public safety and emergency services, auto and boat dealerships, commercial parking, equipment rentals, self-service storage, vehicle repair, vehicle service (performed while the customer waits) vehicle wash, small animal veterinary clinics, industrial services, warehouse and freight movement, waste-related uses, wholesale trade and plant nurseries.

General Information

Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Undeveloped residential lots Surrounding Zoning/Land Use: North: R&E vacant property West: R&E vacant property South: R&E vacant property East: ML Previous religious facility

Thoroughfares/Streets: Jackrabbit Trail is defined as a “local street,”

which is designed to carry light neighborhood traffic at lower speeds and generally connect to collector streets.

Zoning History: No previous zoning cases on this property. This

property was annexed into the City in the late 1940’s.

Applicable Regulations: Section 509 of the Zoning Ordinance addresses

fencing as a screening mechanism. Any time a commercial use abuts a residential district or use, an opaque privacy fence is required; however, commercial properties bordering R&E zoning are exempted from this requirement in that Section.

Development Standards: All required off-street parking and the

connection(s) to a public right-of-way are required to be paved.

Vision Plan Map: Commercial Related Comp Plan Excerpts: “Promote better transition between nearby


“Require a buffer separating commercial,

industrial, or agricultural zoned lands from neighborhoods.”

“Organize commercial uses in nodes to avoid

deteriorating corridors.” “Within Industrial Areas, allow some land

to be designated for other compatible uses of commercial employment, to encourage stable employment base.”

“Clustering potentially hazardous

industries into a limited number (given the size of San Angelo) of larger, isolated areas will minimize negative effects on residential areas, while balancing access to these businesses within the region, rather than putting all of them into one location.”

Special Information

Traffic Concerns: Changing the zoning from residential to commercial will certainly generate additional traffic than if the property remained as is. Jackrabbit is designed to accommodate appropriate commercial traffic. Businesses that would locate there will most likely attract customers specific to the business, and not the general public as experienced with other commercial zoning designations.

Parking Requirements: Vary depending upon the use of the property.

Retail sales and repair shops require 1 space for every 200 square feet of floor area. Warehouses require 1 space per every 4 employees.

Parking Provided: no parking spots are currently provided on the lots Density: Predominantly large tracts of undeveloped land in

the surrounding areas. The Vision Plan also calls for a continuation of the future development of this area as Commercial, creating a commercial hub between Industrial and Rural uses.



Analysis:









The staff recommendation is based upon the statements listed below. Because existing development in the area surrounding the subject property primarily involves businesses of a heavy industrial nature, and because the Vision Plan calls for the area to be commercially zoned in the future, staff finds that this zone change is in keeping with the first three Criteria listed above. A zone change here would not require any consideration for a Vision Plan amendment as the proposed zoning is commercial and the Vision Plan calls for commercial zoning.

Also, a zone change here would be consistent with the Zoning Ordinance by providing a transitional zone between the more heavily industrial uses along the east side of Christoval Road such as where the Industrial Park is located, and the swaths of land running adjacent to the South Concho River, alleviating possible nuisances such as noise, pollution and visual eyesores that can be produced by heavy industrial manufacturing, next to a long-term rural and environmentally sensitive area. Also noteworthy is that the South Concho River is buffered not only from Jackrabbit Trail and an embankment measuring about 6 feet in height that runs along the west side of Jackrabbit Trail, but also by a 100 foot wide AEP utility R.O.W. Therefore, staff has found that development patterns are consistent with the Vision Plan, which is in keeping with Criteria 1. The compatibility with surrounding uses just discussed is in keeping with Criteria 3 which seeks compatibility with existing and proposed uses. Additionally, the majority of existing uses and proposed zoning compliments an area that is not comprised of residential neighborhoods yet can serve the commercial needs of heavy industry with easy access to both South Chadbourne Street and Christoval Road, both which are classified as “arterial streets.” Development in the area between Jackrabbit Trail and Christoval Road consistently lends itself to businesses of a more industrial use and away from residential development. These businesses include an electric company that services the oilfield industry, a tool manufacturing warehouse, a welding shop, an oilfield business, and businesses that store a variety of heavy equipment. Area industry needs commercial nodes that are not in conflict with those associated with personal 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 could benefit from an industrial commercial node such as is proposed by the applicant, who seeks to provide a location from which to provide a place to service oil field industry equipment. Additionally, staff notes that placing a commercial zoning district between this more heavy industrial node and the much more gentler, rural use running farther the west of the property along the South Concho River, will serve, again, as a better transition between the industrial and rural uses than if heavy manufacturing were placed right next to the river. Current conditions would definitely change on the subject property and the surrounding area as a result of a zone change, however since the property would not typically generate a flow of general public customers, the area may not experience traffic congestion that might be found with public retail ventures. In addition to changed conditions, the effects on the natural environment will change here. Truck traffic will be accessing the property off of Jackrabbit Trail and materials may be stored on site. The subject property contains a 1250 ft2 shop which would be put to use as an office. Adding a 5,000 ft2 shop will reshape the vacant property and take away from the existing permeable surface as would the required paving for parking spaces. However, since the area is among large tracts of land, runoff most likely will not affect neighboring properties. The likelihood of this property or even the area reverting

back to a more rural nature is most improbable, especially given the trends in growth to the 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 community need. If the property is developed as proposed, there may be an opportunity to provide jobs. Additionally, given recent developments in the oilfield industry, there is a demand for properties where services to that industry can be provided. An added bonus at this location 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 zone change is in accord with Criteria 7. As the area continues to develop, it is likely that current R&E zoning on nearby properties will undergo zone changes to accommodate the demand for industrial enterprises. Proposed Conditions

N/A

Attachments: excerpt from zoning map, showing the general location within the City of San Angelo;

excerpt from the comprehensive plan vision map highlighting

the 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 Commission

Meeting; and draft ordinance.

Presentation: Roxanne Johnston, Planner Reviewed by: Jeff Hintz, Interim Senior Planner ()

E. Z 13-18: Loren Edwards A request for approval of a zone change from Ranch & Estate (R&E) to

Heavy Commercial (CH) to allow for Industrial Service as defined in Section 316.A of the Zoning Ordinance on the following property:

4398 Jackrabbit Trail; located approximately 1,390 feet northeast from the

intersection at Jackrabbit Trail and South Chadbourne Street. This property specifically 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, consistent with the staff recommendation of approval. The property was illustrated on a map, and surrounded by R&E and CH zoning. There is a single building on the subject property that the property owner intends to utilize. The Vision Plan calls for this area to be a type of "commercial" designation. On a broader scale, this is 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. Johnston explained how the criteria of the Zoning Ordinance were applied to the application and that it appeared to be consistent with what was requested. Loren Edwards, the property owner, came forward to speak in favor of this request. He is intending to utilize this property by upgrading the building on-site for an office space and then add a 5,000 sq ft building for vehicle maintenance and parking areas and security fencing. This area is emerging as an area for the oilfield industry, so this fits into that type of development. Bill Lawrence asked if the items which CH covers includes all of the possibilities that Mr. Edwards is considering. Roxanne Johnston reviewed all of those possibilities and added that Mr. Edwards' proposal is consistent with that list. Bill Lawrence 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 helpful in 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 by Darlene Jones. The motion passed unanimously, 6-0.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from the intersection at Jackrabbit Trail and South Chadbourne Street. This property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-18: Loren Edwards





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from the intersection at Jackrabbit Trail and South Chadbourne Street. This property specifically occupies the

Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo shall henceforth be permanently zoned as follows: Heavy Commercial (CH) District.





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 not affect the validity of the other provisions of this Ordinance.





____________________________________

Alvin New, Mayor

ATTEST:


City of San

Angelo

Memo



From: Roxanne Johnston, Planner

Subject: Z 13-12: NE Interest- Charlie Nicholas A 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 Section 313.B of the Zoning Ordinance as allowed in RM-2 zoning districts on the following property:

Location: An unaddressed 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 Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo.

Purpose: Approval of this request would designate the subject

property as a High Rise Multifamily Residential (RM-2) Zoning District.

Contacts: Charlie Nicholas, Owner of NE Interests 972-221-0095 Roxanne Johnston, Planner 325-657-4210

Contacts: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-12: NE Interests- Charlie Nicholas AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF

CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 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 Plat of The Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change as requested; or



Recommendation: Planning staff recommends approving the proposed Zone Change. Planning Commission recommended approval of this request by a vote of 6-0 on May 20, 2013.


The subject property is located within a newly annexed area surrounded by other newly annexed properties that are undergoing new development. The approval of this zone change will allow the applicant to construct a multi-story, multi-family residential apartment complex on this currently vacant property. It is situated southwest of The BLVD, a multi-family apartment development owned by the applicant, zoned CG, and northwest of the latest Prestonwood Addition subdivision, which was annexed 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

and is shown as a future minor collector street that will loop through properties to the west of South FM 2288, meander south and then east to connect with Pinon Ridge Drive, in the far southern section of San Angelo. The nearest public school is Bonham Elementary School, which is located on Southland Boulevard about a mile from the subject property, but will eventually enjoy nearer access once Appaloosa Trail connects with Pinon Ridge Drive. Additionally, the City of San Angelo Fire Station 2 is located near the school, so the subject property is located near to this service as well. General Information

Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Vacant property Surrounding Zoning/Land Use: North: CG multi-family housing West: RS-1 single-family residences South: R & E &

unzoned vacant property

East: unzoned vacant property

Thoroughfares/Streets: Appaloosa Trail, not yet constructed, is defined as a “collector street” which provides direct access to residential, commercial and other land uses.

Zoning History: The subject property was annexed into the

City on February 21, 2013, and per Section 303.A of the Zoning Ordinance, was subsequently designated as an R&E Zoning District, as is any newly annexed land, in order, in this case, to “serve as a holding zone for vacant land areas annexed into the City.”

Applicable Regulations: Allowed uses for this property can be

found in Section 310 (Use Table) of the Zoning Ordinance.

Development Standards: Zoning Ordinance, Section 501.A. Minimum Lot Area – 20,000 sq ft Minimum Lot Dimensions – 100x150 feet

Minimum Front Yard – 25 ft Minimum Side Yard – 10 ft per side Minimum Rear Yard – 20 ft Maximum Floor Area Ratio – 1.00 Maximum Height – none Density (units per acre) - 35 Vision Plan Map: Neighborhood and Commercial Comp Plan Excerpts: “Create new physical connections to

neighborhoods lined with transitional and intermediate uses."

"Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods.” “All residents within each neighborhood boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.” "Variety of residential product types -multi-family, townhomes, courtyard homes, patio homes, etc." "Coordinate with San Angelo Independent School District (SAISD) to improve walkability and connections between neighborhoods and nearby schools."

Special Information

Traffic Concerns: There are currently no traffic concerns as

this area has not been developed and has no “local” streets. A zone change from no density to a residential zoning district will no doubt increase density and traffic impacts on the area. Appaloosa Trail will be the access point for this property and shall be built according to the City’s subdivision ordinance requirements.

The impact of future local streets will be determined as the area is subdivided and plans are submitted to the Planning Division for approval.

Parking Requirements: Zoning Ordinance Section 511.B.

Multifamily Dwelling: 1 Bedroom Apartment: 1.5 spaces/unit 2 Bedroom Apartment: 1.75 spaces/unit 3 Bedroom Apartment: 2.0 spaces/unit Section 511.D.1. “All required off-street parking spaces shall

be located on the same lot or tract of land as the building and/or activity they are intended to serve”

Section 511.F.3. “All areas used for required off-street parking

shall be paved” Density: The property is currently undeveloped with

no internal street access. A high-density property, The BLVD apartments lies to the northeast.



Analysis:









The staff recommendation is based upon the statements listed below. Staff finds that this zone change request is compatible with the plans and policies set forth in the Comprehensive Plan and Zoning Ordinance. To begin with, the subject property is located in an area undergoing rapid development; most of which is in keeping with the Vision Plan whereby residential and commercial nodes are clustered in such a manner as to maintain smooth transitions between zones and uses. A goal of the Comprehensive Plan is to “Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods” because this diversity lends itself to a higher potential of walk-able, more pedestrian friendly development with less reliance on motorized transportation which could yield more negative environmental impacts. This close proximity to commercial uses may also provide area retailers and businesses a steady potential employment base as well as a customer base as the area continues to grow. The plan for the subject property and the rezoning are consistent and compatible with development patterns in the area. Much of the area that has been developed along Sherwood Way to the east has happened within the past 10 years. With Sherwood Way being a major corridor to the City from the west, there is an opportunity to ensure that area development continue to be done intelligently and predictably with thought to all of the criteria listed above. The advantage to zoning newly annexed land Ranch & Estate is that a thoughtful, orderly manner of development that best fits in with the overall area picture as outlined in the Comprehensive Plan can be evaluated and discussed with the Planning Commission and community through the re-zoning process. It is imperative that the proposed development with this zone change request fits in with not only newer development, but also the City as a whole, with a focus on connectivity and smooth transitions between zoning districts and land uses. Another reason that this zone change request fits in with city plans and policies can be found in the area’s Vision Plan and Comprehensive Plan. The subject property shows diagonal sections of the Vision Plan whereby the northwest section is primarily commercial and the majority of the northeast and southeast section calls for neighborhood development. The location of the property is not only near to similar multi-family residential uses to the northeast, but it also

enjoys a location whereby there are multiple commercial opportunities nearby (within a half mile) making for easy access to daily needs shopping, access to medical offices, and also future public transportation stops to be located along Sherwood Way. The proposed higher density apartments could provide an excellent transition of uses, in this instance, between RS-1 and commercial zoning, which is a component of the Comprehensive Plan which seeks to “Create new physical connections to neighborhoods lined with transitional and intermediate uses." The Comprehensive Plan also calls for residents to be able to 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 a recent annexation and residential zone change this year that included a new section of the Prestonwood Addition to the southeast of the subject property as well as the CG zoning district where The BLVD apartments are located. Additionally, unlike some zoning districts that require Conditional Uses or other zoning tools to bring a use into a zone that otherwise wouldn’t allow it, RM-2 zoning 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 build these apartments go forward. Although there will certainly be an impact on the environment with this request since the property is vacant and has never been developed, any development would create an environmental impact here. Due to the size of the proposed project, notwithstanding the platting process itself, it will be required to undergo an Urban Design Review by City staff because it will contain over 25,000 square feet. The Urban Design Review will examine visual impacts on surrounding properties and roadways. The platting process will ensure that all drainage studies and environmental impacts, for example, will be addressed. By zoning this property RM-2, the applicant is steering away from another zone change to a commercial or even an industrial zoning designation which is often a popular request and inquiry about properties along the corridors into the community. However, staff finds that a zone change here continues to address the community need for housing and housing choices and also constitutes the highest and best use of the property. As such, an amendment to the Vision Plan would not be required with this particular request since it is compatible with the Plan as proposed. In conclusion, staff had found this request to be consistent with all seven criteria mandated of the request and therefore recommends approval of this zoning change. Attachments: excerpt from zoning map, showing the general location

within the City of San Angelo;

excerpt from zoning map, highlighting subject property;

aerial photo, highlighting subject property; and excerpt from the Comprehensive Plan Vision map

highlighting the subject property. excerpt of the favor/opposition notification map; citizen Response; draft minutes from April 15, 2013 Planning

Commission Meeting; and draft ordinance.

Presentation: Roxanne Johnston, Planner Reviewed by: Jeff Hintz, Interim Senior Planner ()

A. Z 13-12: NE Interests A 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 Section 313.B of the zoning ordinance as allowed in RM-2 zoning districts on the following property:

An unaddressed tract of land; specifically occupying 15 acres of land out of the

Deaf & Dumb Asylum Lands Survey 2, Abstract 821. This property occupies a proposed Final Plat of The Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo.

Roxanne Johnston, Planner, came forward to present this request, consistent with the staff recommendation of approval. Three notifications were sent out in conjunction with this request. One was returned in favor of the request. The property is in far southwest San Angelo, occupying property that has recently been annexed by the City of San Angelo. The Vision Plan calls for this area to a combination of "neighborhood" and "commercial" usage. Ms. Johnston reviewed the criteria of approval from the zoning ordinance that are examined for every zoning change request. This proposal was found to be compatible with all of these criteria

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 subdivisions and the nearby commercial offerings along Sherwood Way. Development along this area also provides residential offerings which are easily within walking distance from the apartment complex site. Bill Lawrence asked Ms. Johnston about whether or not a traffic light will be placed at this intersection. Mr. Hintz, Senior Planner, clarified that Sherwood Way is a TxDOT right-of-way and thus, any traffic mitigation devices would be handled by their group. No one came forward to speak on the item. Motion, to approve as presented, was made by Darlene Jones and seconded by Valerie Priess. The motion passed unanimously, 6-0.”

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 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 Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-12: NE Interests- Charlie Nicholas




SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: an unaddressed 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 Plat

of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, shall henceforth be permanently zoned as follows: High Rise Multifamily Residential (RM-2) District.











____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo

Memo



From: Kevin Boyd, Planner

Subject: Z13-16: OK Holdings, LLC, a request for approval of a zone change from Heavy Commercial (CH) to Office Warehouse (OW) to allow for office use, on the following property:

Location: An unaddressed 5 acre tract, located approximately 900 feet

northwest of the intersection of Link Road and Christoval Road; more specifically occupying a proposed replat of the Concho River Estates, Lot 35B, in southern San Angelo.

Purpose: Approval of this request would zone the property Office Warehouse

(OW)

Contacts: OK Holdings, LLC, Representative 940-393-6502 Kevin Boyd, Planner 325-657-4210


Z13-16: OK Holdings, LLC

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet northwest of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River Estates, Lot 35B, in southern San Angelo, changing the zoning classification from Heavy

2

Commercial (CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change as requested; or (2) Modify the application to some alternative zoning classification believed to be

more appropriate; or

(3) Deny the proposed zone change, altogether. Recommendation: Planning staff recommends approving the proposed zone change request from Heavy Commercial (CH) to Office Warehouse (OW). Planning Commission recommended approval of this request by a vote of 6-0 on May 20, 2013.

3


General Information

Existing Zoning: Heavy Commercial (CH) Existing Land Use: Vacant, undeveloped lot Surrounding Zoning/Land Use: North: Heavy Commercial (CH) and

Heavy Manufacturing (MH) Warren CAT (heavy equipment & caterpillar dealer), Party Ranch (night club) , Ingram Enterprises Plant (concrete facility) and J&J Service, vacant land

West: Heavy Commercial (CH), Ranch & Estate (R&E) and Planned Development (PD)

vacant land and US Highway 87 and Loop 306 Interchange

South: Heavy Commercial (CH) and Heavy Manufacturing (MH)

Smith Oilfield Services, San-tex self-storage, Communication Etc (communication services, telecommunication consultants) vacant land and open spaces

East: Heavy Commercial (CH), Manufactured Housing Park (MHP) and Ranch & Estate (R&E)

J & T's Welding, LLC, High Q Incorporated (vehicle, tire and component testing services), Garco Contracting Company, Inc. (general contractor), Hamilton Oilfield Services, Inc, Chaparral Mobile Home Park

Thoroughfares/Streets: Link Road is identified as a ‘local street’, designed

to carry light neighborhood traffic at lower speeds and generally connects to collector streets.

US Highway 87 and Christoval Road are identified

as "arterial streets" and are designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function 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 signs to allow for a unobstructed, seamless flow.

4

Zoning History: The property was designated as Heavy Commercial (CH) when it annexed into the city in 1997.

Applicable Regulations: Non-residential development standards are

outlined in Section 502 of the Zoning Ordinance.

Development Standards: All required off-street parking and the

connection(s) to a public right-of-way are required to be paved.

Vision Plan Map: Industrial Related Comp Plan Excerpts: Intent of Industrial in the Comprehensive

Plan is to, “[dedicate areas for] supporting the local economy while mitigating some of their potentially undesirable secondary effects on nearby residences.”

“Require a buffer separating commercial,

industrial, or agricultural zoned lands from neighborhoods.”

“Establish transition areas between

commercial areas and nearby neighborhoods.”

Special Information

Traffic Concerns: Changing the zoning has the potential to generate additional traffic than if the property remained as-is. Both CH and OW zoning allow for warehouse and freight movement. Currently the lot remains vacant and no traffic is generated by the site.

Parking Requirements: Vary depending upon the use of the property, see

Section 511 of the Zoning Ordinance. Parking Provided: No parking exists on the property, once

development occurs on the site parking will be required.

Density: Some large tracts of undeveloped land in the

surrounding areas. Uses vary from medium to high intensity, commercial and industrial

5

development. The Vision Plan calls for 'Industrial' type development in the area.



Analysis:









6

The 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 River Estates subdivision (the proposed lot is referred to as Lot 35B). The property is currently zoned Heavy Commercial (CH) which provides opportunities for business establishments to store unsightly outside materials and/or merchandise. Proponents of the 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 office on 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 allowed by-right as a primary use. The zoning enables greater flexibility in development and provides opportunities for limited outdoor storage with a screening requirement. If this zone change request is approved, no changes will be needed to amend the current Vision Plan Map of the Comprehensive Plan. This request is consistent with aspects of the Zoning Ordinance. CH zoning does not allow for offices as a primary use. OW zoning is the least intensive industrial district and is intended to provide opportunities for development of low intensive industrial development. Examples of uses allowed by-right in an OW zone include offices, self-storage facilities, industrial services, warehouse and freight movement and wholesale trade – 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 Plan envisions industrial development; CO zoning is not consistent with this vision. Staff believes it is important to reiterate that zone changes often endure far longer than intended uses, and, if approved, this zone change will remain as-is for the life of the property – unless another request is made to rezone the property. ML and MH zoning both allow office use by-right, however, neither would be ideal given that the site is highly visible from a major highway interchange. Also, MH zoning allows for intensive uses such as meatpacking, slaughterhouse, coal production and oil refinery through a conditional use process. The city has three categories or types of outdoor storage – OW follows under Type 2: Limited Outdoor Storage, per Section 504 of the Ordinance. While the district allows for outdoor storage opportunities, special consideration has been given to ensure that such uses are compatible with surrounding environment. This Section essentially allows for outdoor merchandise, materials or equipment to be stored on-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 completely screen 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 range from low to heavy intensity industrial. Within 800 feet of the property to the east, along Christoval Road, there is a small mobile home park. Residences exist half a mile away to the east along South Gas Plant Road, and points north along South Bryant Frontage and west (roughly a 1/3 mile in either direction). Many of the uses in the area are oil

7

field related – uses categorized as ‘Industrial Service’ in the Zoning Ordinance (refer to Section 316). The subject property and many of the lots surrounding the site are zoned Heavy Commercial (CH). Heavy Manufacturing (MH), Manufactured Housing Park (MHP) and Ranch & Estate (R&E) zoning also exist in the area. The proponents made the request to subdivide Lot 35 of the Concho River Estates subdivision into two separate lots – Lot 35A and 35B – only the newly created Lot 35B is subjected for rezoning, 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 other types of low intensive industrial development – notably warehouses and self-storage facilities. As previously mentioned, OW has a designated Type 2 outdoor storage – CH has a Type 3 storage which, in many cases, allows unlimited outdoor storage without screening 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 natural environment. 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 few isolated areas within the city-limits. There are a few water sources in the area, the most notable is the South Concho River which flows south to north and measures roughly a 1/2 mile to the west – other features include a series of creeks and small lakes, Grand Canal runs to the south of the property, less than a mile away. OW is the least intensive industrial zone – some low intensity uses allowed in the district are self-storage facilities and offices; industrial service is an example of a more intensive use permitted in the district. Given that such resources exist nearby, OW is certainly more suitable for the area 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, this request will allow for open opportunities in land development (subject to zoning and general development standards outlined in the Ordinance). The requested zoning represents a community need. There is a general lack of OW zoning in the area. OW zoning will allow for low to medium intensive industrial and office development on the site. OW is currently an underutilized zoning district in the city and the area in question is an suitable site – in that there is easy access to the site, similar surrounding uses, and the fact that aspects of the infrastructure can support uses allowed in the district. The site boasts close proximity to two major highways – US Highway 87 and West Loop 306, which are accessible from Christoval Road from the north and to Link Road from the south and east. The highway interchange is within 150 feet, will allow for quick access for transporting goods, an important factor in the manufacturing and production field (if the site is ever developed in such a manner). Such closeness also makes the site highly visible - staff recommends the proposed zoning because it is compatible with the city's long-range Plan and will limit development for low to medium intensive uses

8

relative to the other industrial districts. Devon Energy's proposal to develop the site for an office use will be a great addition to the area and will serve as a gateway landmark when entering the city. The proposed zoning provides a buffer from the highways and more intensive zoning, to the north and east of the property. Finally, attached in the report is the engineering plan which shows the proposed internal driveways recently approved by TxDOT for the subdivision in question (refer to the engineering plan).

Proposed Conditions

N/A

Attachments: TxDOT approved engineering plan (submitted in April 2013). Excerpt from zoning map, showing the general location within

the City of San Angelo; Excerpt from zoning map, highlighting subject property; Aerial photo, highlighting subject property; Excerpt from the comprehensive plan vision map highlighting

the subject property; Excerpt of the favor/opposition notification map; Draft minutes from 05/20/13 Planning Commission Meeting;

and Draft Ordinance.

Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (05/09/13)

B. Z 13-16: OK Holdings LLC A request for approval of a zone change from Heavy Commercial (CH) to Office

Warehouse (OW) to allow for office use as defined in Section 315.D of the Zoning Ordinance, on the following property:

An unaddressed 5 acre tract, located approximately 900 feet northwest of the

intersection of Link Road and Christoval Road; more specifically occupying a proposed replat of the Concho River Estates, Lot 35B, in southern San Angelo.

Kevin Boyd, Planner, came forward to present this request, consistent with the staff recommendation of approval. Only one notification was required to be sent, and this notification was not returned. Mr. Boyd reminded the Commission that this property was recently submitted as part of a replat exercise, which the Commission did approve as part of the consent agenda, earlier in the meeting. The Vision Plan does call for "industrial" for this site. Mr. Boyd showed some photos of the surrounding area. Mr. Boyd stated that the application for zone change was consistent with the criteria contained within the zoning ordinance and reviewed in the previous presentation. 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 adding some types of usage which are more intensive than offices, allowing flexibility. This is consistent with the surrounding uses, and takes into consideration the proximity to major highways with its screening requirement, and providing a better transition into a 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 triggers screening. 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 and the 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 by Darlene Jones. The motion passed unanimously, 6-0.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet northwest of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River Estates, Lot 35B, in southern San Angelo, changing the zoning classification from Heavy Commercial (CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-16: OK Holdings, LLC





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: An unaddressed 5 acre tract, located approximately 900 feet northwest of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River Estates, Lot 35B, in southern San Angelo, shall henceforth be permanently zoned as follows: Office Warehouse (OW) District.











____________________________________

Alvin New, Mayor

ATTEST:


City of San

Angelo

Memo


To: Planning Commission members

From: Jeff Hintz, Interim Senior Planner

Subject: Z 13-19 Rocky Spoonts, A 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 in Section 315.D of the Zoning Ordinance on the following property:

Location: 815 South Abe Street, located on the northwest corner of the intersection 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 the east 145 feet of Lot 8 in central San Angelo.

Purpose: Approval or modification of this request by the Planning

Commission would forward that recommendation to City Council for a final decision on the matter.

Contacts: Rocky Spoonts, Realtor 325-949-7719

Jeff Hintz, Planner 325-657-4210


Z 13-19: Rocky Spoonts AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE

CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING

THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 815 South Abe Street, located on the northwest corner of the intersection 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 the east 145 feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change; or



Recommendation: Planning staff recommends approving the proposed zone change. Planning Commission recommended approval of this request 6-0 on May 20, 2013.


General Information

Existing Zoning: Low Rise Multi-Family Residence (RM-1) Existing Land Use: Garden Club Building Surrounding Zoning/Land Use: North: CO Office building West: RM-1 Single-Family residences South: CO Office building East: RS-2 Residences

Thoroughfares/Streets: South Abe Street is defined as an arterial

street and designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high

speeds. Access is secondary and mobility is the primary function of these streets.

West Washington Avenue is designed as a

collector street and is designed to collect local street traffic carrying it to arterial streets at a moderate speed.

Zoning History: This property has been zoned R-3 (now

RM-1 with the adoption of the current ordinance in 2000) since 1954.

Applicable Regulations: Allowed uses for this property can be

found in Section 310 (Use Table) of the Zoning Ordinance.

509.A of the Zoning Ordinance will require

a privacy fence be placed along the western edge of this property if an equivalent fence does not exist already.

Vision Plan Map: Neighborhood Center Comp Plan Excerpts: Within the Comprehensive Plan, Goal 3 of

“Neighborhoods” is to “improve the relationship between adjacent commercial and residential properties”.

“Commercial properties tend to be

organized in a single use, isolated pattern of development. This form generates little synergy between businesses and land uses and often results in incompatibility.”

“All residents within each neighborhood

boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.”

“Promote better transition between nearby


“Establish transition areas between

commercial areas and nearby neighborhoods.”

“Organize commercial uses in nodes to

avoid deteriorating corridors.”

Special Information

Traffic Concerns: Changing the zoning from a higher density residential zone to a zoning classification that allows for commercial activity, could have traffic impacts on the area. However, the access to collector and arterial streets will adequately handle this increased traffic capability. In addition, CO zoning districts do not allow for retail sales, making it an ideal choice near a neighborhood.

Parking Requirements: Section 511 of the Zoning Ordinance

covers parking improvement standards and amounts. Offices require 1 parking space per 300 square feet of office area.

Parking Provided: The property does have a developed

surface lot, it would appear an adequate amount is currently provided.

Density: This block is of medium density residential

and low intensity commercial development. Notification Required: Yes Notifications Sent: 17


Analysis:

In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is

compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.







The staff recommendation is based upon the statements listed below. This proposal is consistent with the Zoning Ordinance and the plans and policies adopted by the San Angelo City Council. This property has functioned as a Garden Club meeting area, more of an office use than a residential living quarters. While this factor is certainly something to be aware of, the proposal will result in a logical development pattern for this area. Other commercial zoning designations allow for retail sales and higher intensity uses that may not be appropriate in this area given the relationship with the neighborhood. Clustering the commercial properties and opportunities at key nodes (which Washington and South Abe Street would be) is in-line with several city policies and goals of the Comprehensive Plan. By organizing commercial opportunities at key nodes makes them accessible along major thoroughfares, and keeps traffic out or residential areas. This property is certainly accessible to those who live in the area, but at the same time also accessible to those who are traveling through town. Neighborhood Center envisioned areas work well for lower intensity commercial developments or higher density residential developments. The current zoning works within this vision the Comprehensive Plan sets out to achieve, but the proposed zone change is a slight step up in terms of zoning intensity, but the traffic and uses allowed amongst the two zoning designations have similar impacts on the neighboring properties. Staff has found this CO zoning to be consistent with the surrounding area. The location at a key intersection and lower intensity of activities allowed will allow the established neighborhood and future commercial development and use of this property to work in harmony with one another. Office uses generally see lower traffic demand when compared with a more retail oriented use. Engineers, architects, doctors, dentists and other professional services generally use appointments and will have a much more limited clientele than a retail

establishment such as a restaurant or convenience store. As such, the impacts on surrounding properties nearby an office is expected to be less than with retail when comparing the two uses This request is consistent with the Comprehensive Plan's Vision Plan Map, as such, an amendment is not required for this request to move forward. Law mandates that is a Comprehensive Plan is in place that zoning decisions be made in accordance with it. In this case, the Office Commercial zoning designation is within the Neighborhood Center vision. The effect on the natural environment and surrounding properties is expected to be minimal; the structure is existing and there appears to be parking for the building that is already improved. Future development is certainly possible, however given the characteristics of the lot, environmental impact is expected to be of negligible consequence due to the lot cover at this time. The development patterns of this area are not expected to change as a result of this amendment to the Official Zoning Map. The property has functioned as more of an office than a residence in the past as the Garden Club building. The office tenants that would be allowed in the future may be more active than the Garden Club was, but the nature of these activities is not expected to interrupt the balance the existing neighborhood has with the commercial areas along South Abe Street. The community needs services and jobs within walking distances of neighborhoods. Placing this type of use in the middle of a neighborhood would not be recommended, but on the edge of neighborhoods to buffer the neighborhood from more intense traffic and uses along an arterial street is highly recommended. This office use will act as a buffer to traffic, noise, and the bustle of South Abe Street and work as a shield to neighborhoods in existence to the west along Washington Avenue. For all these reasons, staff finds the proposal to rezone the property to Office Commercial the highest and best use of the property both now and in the future when considering all the criteria mandated of this request. As such, the Planning Division recommends approval of this zone change. Proposed Conditions

N/A

Attachments: excerpt from zoning map, showing the general location within the City of San Angelo;

excerpt from zoning map, highlighting subject

property; aerial photo, highlighting subject property;

excerpt from the Comprehensive Plan Vision Map highlighting the subject property.

Citizen responses; Draft minutes from May 20, 2013 Planning

Commission meeting; and Draft ordinance.

Presentation: Jeff Hintz, Interim Senior Planner

F. Z 13-19: Rocky Spoonts A 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 in Section 315.D of the Zoning Ordinance on the following property:

815 South Abe Street, located on the northwest corner of the intersection 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 the east 145 feet of Lot 8 in central San Angelo.

Jeff Hintz, Interim Senior Planner, came forward to present this item, consistent with the staff recommendation of approval. There were seventeen notifications sent out, with two returned in favor of the request. This property was previously occupied by the Garden Club. The property is in south central San Angelo and surrounded by a large neighborhood to the south and west, with a mixture of medium-intensity commercial 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 been the same district since the initial zoning map of 1954. Mr. Hintz reviewed the criteria of the Zoning Ordinance and how this application for zoning appears to be wholly consistent with those criteria. Office usage is of substantially lower intensity than a variety of commercial types and the office would be much more consistent with the nearby residential area. Bob Elliott, a local real estate appraiser representing the applicant, came forward to speak in favor of the request. The building will be remodeling inside but no substantial changes are planned. No one else came forward to speak. Motion, to approve as presented, was made by Bill Wynne and seconded by Ryan Smith. The motion passed unanimously, 6-0.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 815 South Abe Street, located on the northwest corner of the intersection 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 the east 145 feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-19: Rocky Spoonts





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 815 South Abe Street, located on the northwest corner of the intersection 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 the east 145 feet of Lot 8 in central San Angelo shall henceforth be permanently zoned as follows: Office Commercial (CO) District.











____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo

Memo



From: Roxanne Johnston, Planner Subject: 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 the Eastland Heights Addition, extending approximately 315’eastward from North Poe Street and immediately adjacent to property owned by a railroad company.

Contacts: Randall W. Clinkinbeard, owner 325-212-9271 Roxanne Johnston, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance authorizing 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 central San Angelo, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-way for Ellis 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; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS


1. Approve the proposed abandonment; or

2. Approve the proposed abandonment subject to conditions; or

3. Deny the proposed abandonment.

Recommendation: City staff recommends approving the proposed street abandonment 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 May 20, 2013.


The original final plat for the Eastland Heights Addition, wherein the proposed abandonment section of Ellis Street is located, was recorded on December 12, 1932. At that time, Ellis Street, which runs east to west separating Blocks 5 & 6, was named “7th Street.” The combination of these two blocks measures approximately one acre. A Years later, East Houston Harte Expressway was constructed, essentially obliterating all of Section 4 and the south part of Section 3, and disrupted the former continuity of area subdivisions. The area, which is currently zoned ML, was designated as a commercial zone sometime prior to 1954. Between that time and 1987, it was rezoned M-1, which is today’s equivalent to ML. The applicant purchased the remainder of Block 5 & 6 and now seeks this street abandonment in order to operate a towing company from the property. With approval and 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 to south. This alleyway was abandoned in late 1976 in order for the owner of the adjoining properties 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 occurred September 3, 1985. This closure encompassed a portion of Emerson Street between Lots 1 & 8 in Sections 26 & 27 of the Ellis Addition. The purpose of that closure was to solve a drainage issue for the soon-to-be Houston Harte Expressway. Staff has found no evidence showing that the portion of Ellis Street under consideration was ever used for public access. Now, and in the past when the plat was filed, this street dead-ends into the railroad right-of-way, and it appears from a site visit from staff that it most likely was never intended to be a through street. There is a considerably steep drop off from the eastern edge of the subject property down to the railroad tracks.

General Information

Existing Zoning: Light Manufacturing (ML) Existing Land Use: vacant land Surrounding Zoning/Land Use: North: ML East Houston Harte Expressway West: RS-1 Single family residences South: RS-2 Vacant property East: ML Railroad

Storm Water/Drainage: Abandoning the street segment is not expected to

create any storm water or drainage changes for the area.

Topography: Abandoning the street is not expected to change the topography of the area.

Water/Sewer Utilities: Abandoning the street is not expected to prevent

access to public utilities. Fire Protection: Fire hydrant location will be evaluated based on

the 2009 International Fire Code or adopted standard at the time of building permit application.

Access Management: Abandoning the street is not anticipated to cause

any issues regarding emergency access as the properties on either side of the proposed abandonment share the same owner and emergency services have access to the property from North Poe, North 6th and Veck Streets.

Notification required: Yes Notifications Sent: 9 Received In favor 2 Received in opposition 0

Special Information

Private Utilities: AEP has a transmission line running north to

south along the eastern portion of Bock 5.

Basis for Recommendation

Staff has discovered several reasons to recommend approval of this proposal. To begin with, the Future Thoroughfare Plan does not show this to be a street that will someday connect over the railroad R.O.W. The logical explanation for this is that East Houston Harte Expressway over-rode the need for Ellis Street to continue on past the railroad tracks. Ellis Street does not resume to the east until it becomes part of the frontage road to East Houston Harte Expressway, about a half mile away.

Another reason staff recommends approval of this proposal also

concerns the railroad to the east end of the property. Combined with the steep topography of the railroad right-of-way, any possible connection to the east side of the tracks would most likely require expensive infrastructure improvements in order to make Ellis Street a through street.

Yet another reason staff foresees no problems with traffic flow with the

closure of Ellis Street as proposed is because drivers have ample opportunities to enter and exit the area. For example, traffic exiting right

from Poe Street onto East 6th Street (located at the northern section of the property) can gain quick access onto the East Houston Harte Expressway, or even exit off onto Baze Street as well as North Pope and North Browning Streets along the way. Additionally, drivers have options of using Ellis Street to the west of the property and also travelling south on North Poe Street to meet with Veck Street.

New business to the area would, no doubt, attract additional traffic. This

has been an option since the advent of the subdivision. Aside from possible traffic that would be generated once a business begins operating from the property, staff does not foresee any major change to the area residents and properties should this abandonment itself be approved, as it is interior to Blocks 5 & 6. Again, the street is currently unimproved and dead ends at the railroad R.O.W. Furthermore, it is not being used as an access road by the City for emergency access purposes or for refuse disposal, for example. A street abandonment may provide an opportunity here for a much better use of the area by attracting not just the applicant’s enterprises, but also future businesses.

Proposed Conditions

1. Written confirmation from AEP establishing that transmission

lines will not adversely be affected by the proposed street abandonment and will be accessible to the company via a an easement if facilities are deemed to be in the abandonment.

Attachments: excerpt from zoning map, showing the general location with

the City of San Angelo; excerpt from zoning map, highlighting subject

property; aerial photo, highlighting subject property; citizen response letters; and draft ordinance. Presentation: Roxanne Johnston, Planner Reviewed by: Jeff Hintz, Interim Senior Planner ()

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-way for Ellis 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; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

RE: 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 central San Angelo,

WHEREAS, the City Council of the City of San Angelo, acting pursuant to law, deems it advisable to abandon and convey the herein described tract of land to the abutting property owner(s) and is of the opinion that said land is not needed for public use, and that same should be abandoned and quit claimed to the abutting property owners as hereinafter provided; and WHEREAS, the City Council of the City of San Angelo is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying same to the abutting property 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 the right, title and easement of the public are concerned; subject however, to the conditions and restrictions hereinafter more fully set out:

The east 315 feet of public-right-of-way remaining for Ellis Street (formally platted as

7th Street), extending east from the east right-of-way line for North Poe Street and more particularly as follows:

BEGINNING at a point in the northwest corner of Lot 3 in Block 6 of Eastern Heights

Addition, as said Lot and Block are shown on a subdivision plat of Eastland Heights Addition 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 6

and continuing laterally across a 10 foot abandoned alley right-of-way which originally bisected Lots 3-6 from Lots 1,2 and 7 of Block 6 of said Eastland Heights Addition.

THENCE continuing eastward along the northern border of Lots 2 and 1 of Block 3 of

the Eastland Heights Addition to the western portion of the railroad right-of-way located at the northeastern point of Lot 1 in a northeasterly direction to the south point of Lot 15 of Block 5 of said Eastland Heights Addition.

THENCE commencing in a westerly direction along the northern right-of-way line for

Ellis Street to the southwest corner of lot 9 of Block 5 of said Eastland Heights Addition.

THENCE southward to the northwest corner of Lot 3 of Block 6 of said Eastland

Heights Addition BEING THE POINT OF BEGINNING.

2. That the abandonment and conveyance provided for herein is made and accepted 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 only to the

public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate.

4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver

a quit claim deed conveying the above-described tract to the abutting property owner(s).

5. That the Grantee(s) shall pay all reasonable costs associated with procedures

necessitated 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 of land in those portions of this right-of-way which were so dedicated with a subdivision plat of the Eastland Heights Addition.

6. That the terms and conditions contained in this ordinance shall be binding upon

Grantee(s) and assigns. INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of June, 2013.


____________________________________

Alvin New, Mayor

ATTEST:


AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-way for Ellis 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; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

RE: 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 central San Angelo,

WHEREAS, the City Council of the City of San Angelo, acting pursuant to law, deems it advisable to abandon and convey the herein described tract of land to the abutting property owner(s) and is of the opinion that said land is not needed for public use, and that same should be abandoned and quit claimed to the abutting property owners as hereinafter provided; and WHEREAS, the City Council of the City of San Angelo is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying same to the abutting property 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 the right, title and easement of the public are concerned; subject however, to the conditions and restrictions hereinafter more fully set out:

The east 315 feet of public-right-of-way remaining for Ellis Street (formally platted as

7th Street), extending east from the east right-of-way line for North Poe Street and more particularly as follows:

BEGINNING at a point in the northwest corner of Lot 3 in Block 6 of Eastern Heights

Addition, as said Lot and Block are shown on a subdivision plat of Eastland Heights Addition 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 6

and continuing laterally across a 10 foot abandoned alley right-of-way which originally bisected Lots 3-6 from Lots 1,2 and 7 of Block 6 of said Eastland Heights Addition.

THENCE continuing eastward along the northern border of Lots 2 and 1 of

Block 3 of the Eastland Heights Addition to the western portion of the railroad right-of-way located at the northeastern point of Lot 1 in a northeasterly direction to the south point of Lot 15 of Block 5 of said Eastland Heights Addition.

THENCE commencing in a westerly direction along the northern right-of-way

line for Ellis Street to the southwest corner of lot 9 of Block 5 of said Eastland Heights Addition.

THENCE southward to the northwest corner of Lot 3 of Block 6 of said

Eastland Heights Addition BEING THE POINT OF BEGINNING.

2. That the abandonment and conveyance provided for herein is made and accepted 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 only

to the public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate.

4. That the Mayor of the City of San Angelo is hereby authorized to execute and

deliver a quit claim deed conveying the above-described tract to the abutting property owner(s).

5. That the Grantee(s) shall pay all reasonable costs associated with procedures

necessitated 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 of land in those portions of this right-of-way which were so dedicated with a subdivision plat of the Eastland Heights Addition.

6. That the terms and conditions contained in this ordinance shall be binding

upon Grantee(s) and assigns. INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of June, 2013.


____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo Parks & Recreation



From: Carl White, Parks & Recreation Director

Subject: Agenda Item for June 18, 2013, Council Meeting

Contact: Carl White, Parks & Recreation Director, 234-1724

Caption: Regular Agenda Item

Consideration 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 San Angelo Parks and Recreation Advisory Board

Summary: 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 Park be renamed “Jaime Padron Memorial Park.”

The Parks and Recreation Advisory Board discussed this proposal at their April 25, 2013 meeting and unanimously approved a recommendation to rename the park, “Jaime Padron Memorial Park,” their May 23, 2013 meeting. The proposal is supported by several letters, which are attached. The State of Texas House of Representatives adopted a resolution on May 1, 2013 paying tribute to the life of Senior Officer Jaime Padron. A copy of that Resolution is attached. Jamie Padron, a native of San Angelo, served in the U.S. Marine Corps, seeing action in the Gulf War. He then served over a decade as a San Angelo Police Officer, transferring to the City of Austin. On April 6, 2012, he was killed by gunfire as he attempted to detain a combative suspect. He is buried at Lawnhaven Memorial Gardens in San Angelo. The proposal and letters of support speak of Jaime’s dedication, integrity and selfless 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 its development 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 sign of the park would need alteration and staff recommends this be done at the expense of the proponents. The estimated cost for this is $2,500.

Related Vision Item: N/A

Other Information/ Several plan to attend the City Council meeting to speak on behalf of this

Recommendation: proposal.

Attachments: Letter of proposal, letters of support, Copy of H.R. No. 1652 and emails of support Map of Rio Vista Park, showing its general location Resolution

Presentation: Powerpoint

Publication: N/A

Reviewed by Director:

Rick Weise, Assistant City Manager

Approved by Legal: N/A

From: Mike Morris [mailto:[email protected]] Sent: Thursday, June 06, 2013 5:20 AM To: White, Carl Subject: Jaime's memorial park please give this your full consideration. I was director of SAPD training when Jaime went through rookie school. He was a fine peace officer. He deserves this memorial. Jaime served his country as a Marine and his community as a peace officer. His life was one of service to his fellow man. Thank you. Mike Morris SAPD sgt. Ret'd. From: SANCHEZ, PETER [mailto:[email protected]] Sent: Friday, June 07, 2013 11:06 AM To: Silvas, Johnny; [email protected]; White, Carl Subject: Officer Jaime Padron Memorial Park

Gentlemen,

I was recently informed of a project that, if approved by the City of San Angelo, will honor a fallen officer’s name. A renaming of a city park in the San Angelo area has been initiated to honor Officer Jaime Padron, who as you know, was killed in the line of duty in Austin, TX last year. Although I do not know who he was, he was in the Law Enforcement family which makes him a part of the same family I belong to. Anytime a member of the law enforcement community is killed in the line of duty his name is inscribe 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 sake of others. You may have read that each year there are also fund raisers done for the families of the victims of these tragedies to travel to Washington, D.C. during Police Week. But although all of this is good 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 great service to the family of Officer Jaime Padron. A reminder and a proud moment can the family have of a man who loved his family and gave to his community. The family can have a place in San Angelo that honors their loved ones and the community can be proud of a heroic man. Given that there are many parks 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 a positive 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 will probably come before you. The families of Officer Jaime Padron will surely appreciate it along with the

members of the law enforcement community. Thank you for your attention in this matter and feel free to contact me if you have any questions.

Peter Sanchez

Supervisory Border Patrol Agent

DRT/BORTAC

2401 Dodson Ave.

Del Rio, Texas 78840

Office: 830-778-7199

Cell: 830-734-4567

Fax: 830-778-7974

A RESOLUTION OF THE CITY OF SAN ANGELO, TEXAS, 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 SAN ANGELO PARKS AND RECREATION ADVISORY BOARD

WHEREAS, Rio Vista Park, located at the 2700 block of Ben Ficklin Road in the City of

San Angelo, has served as a neighborhood park for the Rio Vista

neighborhood since 1972, and is currently undergoing the final stages of

renovation; and,

WHEREAS, in 1974 the park was officially named “Rio Vista Park” in recognition of the

Rio Vista neighborhood; and,

WHEREAS, Mr. Bill Pritchard, Jr., originally from San Angelo and a friend of Jaime

Padron, has submitted a proposal to Councilman Johnny Silvas, requesting

that Rio Vista Park be renamed “Jaime Padron Memorial Park” in memory of

former City of San Angelo Peace Officer Jaime Padron, which proposal is

supported by various officials in law enforcement and citizens; and,

WHEREAS, Jaime Padron, a native of San Angelo, served with honor in the U.S. Marine

Corps, seeing action in the Gulf War, and served with distinction for over a

decade as a Peace Officer with the San Angelo Police Department, later

transferring to the City of Austin; and,

WHEREAS, Jaime Padron was killed in the course of duty as he attempted to detain a

combative suspect and is interred at Lawnhaven Memorial Gardens in the City

of 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 Senior

Officer Jaime DeLuna-Padron, consistent with the highest ideals of the law

enforcement profession; and,

WHEREAS, the City of San Angelo Parks and Recreation Advisory Board unanimously

approved a recommendation to the City Council that Rio Vista Park be

renamed “Jaime Padron Memorial Park” in honor of Jaime Padron.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: Section 1. The recitals and findings contained in the preamble to this Resolution are

adopted 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, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Carl White, Parks & Recreation Director Lysia H. Bowling, City Attorney

CITY OF SAN ANGELORIO VISTA PARKSAN ANGELO, TEXAS

PAVILION SECTIONS

PAVILION ELEVATION

PAVILION PLAN SHOWING STONE STEPS

RESTROOM PLAN

12

412

4

City of San Angelo

Memo




Subject: Vision Plan Amendment to the Comprehensive Plan for the following area of the City:

Location: Properties situated south and east from the intersection of Dan

Hanks Lane and South Chadbourne Street and extending eastward on the south side of South Chadbourne Street, continuing to Old Eola Road, then southwards along South Loop 306, encompassing the existing City Limits and properties situated just outside the current City Limits in the far southeast portion of San Angelo. Please see attached maps included with this report for a more detailed depiction.

Purpose: Approval or modification of this request will forward that

recommendation to City Council for a final decision on the matter.

Contacts: Jeff Hintz, Interim Senior Planner 325-657-4210 Caption: APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT

OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES SITUATED SOUTH AND EAST FROM THE INTERSECTION OF DAN HANKS LANE AND SOUTH CHADBOURNE STREET AND EXTENDING EASTWARD ON THE SOUTH SIDE OF SOUTH CHADBOURNE STREET, CONTINUING TO OLD EOLA ROAD, THEN SOUTHWARDS ALONG SOUTH LOOP 306, ENCOMPASSING THE EXISTING CITY LIMITS AND PROPERTIES SITUATED JUST OUTSIDE THE CURRENT CITY LIMITS IN THE FAR SOUTHEAST PORTION OF SAN ANGELO.


Approve the proposed Vision Plan map amendments as presented; Remand the Vision Plan map back to Planning Commission for further discussion; or Deny the proposed Vision Plan Map Amendment in its entirety or on a property by property basis.

Recommendation: Planning staff recommends approving the proposed Vision Plan Map Amendments. Planning Commission recommended approval of these amendments by a 6-0 vote on May 20, 2013.


Properties forming the "leg" at the southeastern edge of the City Limits were annexed into the City Limits in 1990. The remainder of this area has been incorporated into the City Limits since at least the mid 1950's. The remainder of these properties are outside the 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 use spectrum. As one moves east and south starting from the northwest corner of this particular area, there is a very rural feeling about this area. The Planning for this area must 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 of the community. This area is home to many fields and generally undeveloped tracts of land. There are pockets of higher density residential in this area; the majority of the acreage surveyed in this review of the area is certainly overwhelmingly agricultural or undeveloped. In terms of occurrence, the predominant theme was residential of some nature with the exception of properties along Dan Hanks Lane and South Chadbourne Street. This northwestern corner is home to several industrial contractors and businesses. At the current moment in time, there are acres of undeveloped properties between the residential uses and these more intensive, higher intensity land uses present in the study area. Since the development has not yet occurred, now is an ideal time for City Staff in various departments to take a look at how the area functions and to see if any changes need to be made for this area. This proposal was sent to the Water Utilities Department, the Metropolitan Panning Organization (MPO), City Engineering Division, Texas Department of Transportation, and the Economic Development Department within the City. All of these Divisions and Departments have input and reactions to this proposal

as the decisions that are made based upon this Vision Plan Map effect more than just the Planning Division. Water Utilities and MPO both saw no issues in terms of transportation effects for the region and ability to serve the area with water/sewer services as the subdivision process occurs and utilities and streets are improved and dedicated. This area has a multitude of thoroughfares planned through it, as such there will be ample opportunities for utilities to be run in public rights of way and for traffic to circulate. From a City Engineering and storm water management standpoint, these proposed amendments do not create any access issues or create storm water problems that will need to be addressed now or in the immediate future. As the area develops, depending upon the development and locations, some type of storm water mitigation may be required. This requirement is not as a result of this amendment, but rather as a part of the general development process. The bulk of the changes occur east of Dan Hanks Lake and just south along Chadbourne Street. The current Vision Plan Map has “Industrial” envisioned development directly adjacent to “Neighborhood” envisioned development. Given that this area has not yet developed, now would be an ideal time to shape the growth and promote land uses that are more consistent with one another when in such close proximity. Currently, the likelihood for conflict in the future is more certain than not; as a result, some careful envisioning of the area needs to take place before it is an issue in the future. At the same time, staff is well aware of the development patterns in the community and this area and sees the need to create successful industrial areas that are isolated from residentially envisioned areas of the community. The proposed Vision Plan Amendment adds commercial and industrial development in a manner that promotes the long term reality of neighborhoods in this area and the higher intensity development alike. Neighborhood Centers have been located at key nodes to serve the envisioned neighborhoods in this portion of the community. Commercial envisioned areas just south of Goodfellow Air Force Base could allow for some public-private partnerships with the base that the current Vision Plan Map does not realize; these commercially envisioned areas can also serve as buffers to the envisioned neighborhoods from the more intense corridors of FM 1223 and Chadbourne Street. The Harvest Acres subdivision is almost entirely built out at this time and features over 90% of lots which have an accessory structure of some kind. As this area continues to grow, less of a rural feel is likely; in addition, by preserving this as neighborhood, the area will be set for infill development in the future or a higher density residential nature as people look to add accessory apartments or convert units to duplexes for family or guests alike. The development of this nature is highly successful at this time as a much higher density than a "Rural" intent would mean within the Comprehensive Plan. As the development grows, it needs to be planned as such; staff finds that a neighborhood designation 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, and developers alike can be assured of a consistent and unified goal for development in this area. This consistent and predictable development is what investors and landowners alike need to be confident when making business and monetary decisions to develop.

The Planning Commission, citizens, and City Council have an opportunity to shape an area before if develops just once; it is of the utmost importance it be done correctly and in 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 can remain for decades; elected officials and staff have few chances to go back and create fixes to mistakes. City staff is confident this proposed amendment will lead to sustainable, predictable development in this region of the community; as a result, this region will likely flourish and could provide a steady tax base in the future if it develops as predicted based upon anticipated and current land use trends. To come up with the attachments, Planning Staff first was directed to look into this area by the Planning Commission. Staff spent the next several weeks speaking with various city departments and divisions, including Engineering, TX DOT, MPO, Storm water, and Water Utilities for about two hours. Generally Census Data is obtained for the area, but the tracts in this area expanded outside the area of study and the data sets would not match what was studied in this case. Staff also collectively spent about four hours in this area to learn exactly what was happening on the ground and where it was happening. After this, staff entered the data into the GIS mapping program and began to analyze the area based upon current land use observations and those of historical aerial 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 the research and staff's knowledge of the goals of the Comprehensive Plan; this mapping and development of an amended map took approximately two hours in this case. As a result of all these things, the following attachments are intended to provide some insight as to how staff reached the recommendation and the evidence used to reach these conclusions.

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 Commission

meeting; and Land Use survey results.

Presentation: Jeff Hintz, Interim Senior Planner Reviewed by: AJ Fawver, AICP, Interim Director of Development Services (05/15/13)

Note: Colored dashed lines indicate future planned extensions of thoroughfares, they have not been completed at this time

VII. Discussion and possible action to amend portions of the Vision Plan Component of the 2009 update to the San Angelo Comprehensive Plan, specifically Properties situated south and east from the intersection of Dan Hanks Lane and South Chadbourne Street and extending eastward on the south side of South Chadbourne Street, continuing to Old Eola Road, then southwards along South Loop 306, encompassing the existing City Limits and properties situated just outside the current City Limits in the far southeast portion of San Angelo.

Jeff Hintz, Interim Senior Planner came forward to present this proposed

amendment and gave some background to the Commission regarding the origination of this as a request from an applicant representing a property owner. Currently the Vision Plan has a large area of Neighborhood Envisioned development directly adjacent to an Industrial envisioned area. The applicant was seeking to develop a section of the neighborhood envisioned area in a higher intensity commercial or industrial manner. After a field review of the area, staff entered data and visited with a variety of City Divisions and Departments to come up with the recommendation based upon evidence and findings of fact based upon this research. Mr. Hintz explained the recommendation and how it was reached and offered to address any questions the Commission had.

Mr. Grimes inquired about the expansion of the existing industrial area and how that

decision was reached. Mr. Hintz explained that the area saw several successful developments presently and that this isolated are of the community with no residences presently on this side of FM 1223 would be an ideal area to expand Industrial development. By adding in commercial zones, planned thoroughfares, and transitional zones, the Industrial envisioned areas can be buffered from the neighborhood 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 be

more familiar with it. Mr. Smith had inquired if this background information was included in packet

distributed 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 as

presented passed unanimously 6-0.

SubDesc Legal land_use land_cat

WILD BILL ADDITION NORTH 1.1800 ACRES OUT OF TRACT 2 SECTION 3house HDR

WILD BILL ADDITION BEING 4.5990 ACRES SECTION 3 industrial contractor IS

WILD BILL ADDITION MIDDLE .5160 ACRE OF TRACT 2 SECTION 3house HDR

WILD BILL ADDITION SOUTH 2.06 ACRES OUT OF TRACT 2 SECTION 3house HDR

WILD BILL ADDITION 9.2500 ACRES TRACT 2 SECTION 2 vacant paintball VLC

WILD BILL ADDITION 2.00 AC TRACT 1 SECTION 1 haircut business PS

SUNSET INDUSTRIAL PARK LOT 3 SECTION 2 industrial yard IS

MESQUITE ACRES 2 ACRES OUT OF 11.9330 ACRES BEING OUT OF TRACT 4 & EAST 1.933 ACREShome LDR

MESQUITE ACRES 11.9330 ACRES - BEING TRACT 1 & & WEST 3.1340 AC OF TRACT 2home LDR

MESQUITE ACRES 11.9330 ACRES BEING EAST 4.866 ACS TRACT 2 & WEST 7.067 ACS TRACT 3home LDR

HAYWORTH S/D TRACTS 1 & 2 BEING 2.8890 ACRES house LDR

HARVEST ACRES S/D LOT 2 BEING 2.401 ACRES home w/ accessory HDR

HARVEST ACRES S/D LOT 15 SECTION 2 home w/ accessory HDR




HARVEST ACRES S/D LOT 25 BEING .975 ACRES home w/ accessory HDR


















HARVEST ACRES S/D LOT 4 SECTION 2 home HDR



HARVEST 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 HDR



HARVEST 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 HDR



















HARVEST ACRES S/D LOT 11 BEING 1.015 ACRES & .189 AC OF LOT 12home w/ accessory HDR


HARVEST ACRES S/D LOT 13 BEING 1.015 ACRES home HDR







GTE - RSU TRACTS 0.2380 ACRE home and agriculture LDR

GIBSON ANN ADDITION 1.0000 ACRE TRACT house LDR

CATCLAW HILL S/D TRACT 12 SECTION 2 BEING 0.888 AC home LDR

CATCLAW HILL S/D TRACT 11 SECTION 2 BEING 1.002 ACS home LDR

CATCLAW HILL S/D 1.7800 ACRES IN LOT 1 home LDR



CATCLAW HILL S/D LOT 4 1.6600 ACRES OF home LDR

CATCLAW HILL S/D 1.5800 ACRES IN LOT 7 home & shop LDR



CATCLAW HILL S/D LOT 8-A BEING 1.147 ACRES (REPLAT) home & shop LDR

CATCLAW HILL S/D LOT 8-B BEING 1.402 ACRES (REPLAT) home & shop LDR

CATCLAW HILL S/D LOT 8-C BEING 1.413 ACRES (REPLAT) home & shop LDR



BRADSHAW ADDN LOTS 2, 3 & 4 AND WEST 309.25 FT OF LOTS 5 & 6sop and homesite LDR

BRADSHAW ADDN LOT 1 & EAST 1/4 OF LOTS 5 & 6 driveway HDR

ATKINSON AIRPORT S/D LOT 1 & .0570 ACRE OUT OF L P MOORESUR 169.50 ABST 1637home and agriculture LDR

ATKINSON AIRPORT S/D LOT 2A - BEING 1.6300 ACRES REPLAT OF LOT 2home and agriculture LDR

ATKINSON AIRPORT S/D 0.7720 ACRE IN LOT 3 home and agriculture LDR

ATKINSON AIRPORT S/D 1.1780 ACRES OUT OF TRACT 3 home and agriculture LDR

ATKINSON AIRPORT S/D LOT 4 home and agriculture LDR

ATKINSON AIRPORT S/D 2.0000 ACRES BEING LOT 5 home and agriculture LDR

ATKINSON AIRPORT S/D 4.0000 ACRES IN LOTS 6 & 7 home and agriculture LDR

ATKINSON AIRPORT S/D 1.0000 ACRE IN LOT 9 home and agriculture LDR

ATKINSON AIRPORT S/D LOT 8 & LOTS 10 THRU 17 home and agriculture LDR

ATKINSON AIRPORT S/D LOT 8 & LOTS 10 THRU 17 home and agriculture LDR

A-7545 S-0001 L E ALLEN 0.9200 ACRE BEING A 200' X 200' TRACT OUT OF A 3.0100 ACREShome LDR

A-7545 S-0001 L E ALLEN 2.0900 ACRES home LDR

A-7545 S-0001 L E ALLEN 1.867 ACRES home LDR

A-7278 S-0160 C F POTTER 5.4000 ACRES IN C F POTTER SURVEY AND L E ALLEN SURVEY #1Basic Energy yard and shop IS

A-7278 S-0160 C F POTTER 1.1470 ACRES BEING 200' X 250' tire storage/repair property IS

A-7278 S-0160 C F POTTER 8.0500 ACRES yard for oil supplies IS

A-7278 S-0160 C F POTTER 9.4250 ACRES Patterson industrial services IS

A-7278 S-0160 C F POTTER 1.5750 ACRES house HDR

A-7278 S-0160 C F POTTER 1.1700 ACRES industrial contractor IS

A-7278 S-0160 C F POTTER .3954 ACRES BEING 60' X 287.09' contractor-industrial IS

A-7278 S-0160 C F POTTER 3.4300 ACRES house HDR

A-7278 S-0160 C F POTTER 4.0000 ACRES yard and contractor IS

A-7278 S-0160 C F POTTER 4.4350 ACRES vacant VLC

A-7278 S-0160 C F POTTER 1.5000 ACRES vacasnt VLC

A-7278 S-0160 C F POTTER 5.2350 ACRES self service warehouses PS

A-7278 S-0160 C F POTTER 33.0000 ACRES vacant FIE

A-7278 S-0160 C F POTTER 52.541 ACRES IN LE ALLEN SUR 1 & CFPOTTER SUR 160 &LP MOORE SUR 1691/2vacant FIE

A-5760 S-95.50 J W BRANSON 9.3800 ACRES BEING UNDIVIDED 1/3 INTEREST IN 28.1390 ACREShome and agriculture LDR

A-1637 S-169 1/2 L P MOORE 4.0000 ACRES home and shop LDR


A-1637 S-169 1/2 L P MOORE 1.0000 ACRE OUT OF MILLER TRACT home and shop LDR


A-1637 S-169 1/2 L P MOORE 1.0000 ACRE OUT OF SOUTH PART OF ORIGINAL 71.5000 ACREShome and shop LDR

A-1637 S-169 1/2 L P MOORE 1.0000 ACRE home and shop LDR

A-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 LDR

A-1637 S-169 1/2 L P MOORE 3.9180 ACRES home and agriculture LDR

A-1637 S-169 1/2 L P MOORE 1.3520 ACRES - CONSIST OF 1.23 AC TRACT & A 0.122 ACRE TRACThome and agriculture LDR

A-1637 S-169 1/2 L P MOORE .5940 ACRES home and shop LDR

A-1637 S-169 1/2 L P MOORE 2.0000 ACRES house LDR

A-1637 S-169 1/2 L P MOORE 2.9870 ACRES agricultural FIE



A-1637 S-169 1/2 L P MOORE 1.0000 ACRE house LDR



A-1637 S-169 1/2 L P MOORE 4.4800 ACRES UND 1/3 INT IN 13.4400ACRES IN PART OF TRACT 15agricultural FIE

A-1637 S-0169 1/2 L P MOORE 10.0000 ACRES (NOT RECORDED AT 669-472-) 2/03/78aggregate pit IS

A-1637 S-0169 1/2 L P MOORE 5.9830 ACRES vacant FIE

A-1637 S-0169 1/2 L P MOORE 5.0040 ACRES universal IS

A-1637 S-0169 1/2 L P MOORE 7.8000 ACRE TR unable to verify FIE


A-1637 S-0169 1/2 L P MOORE 23.3720 ACRES aggregate pit IS


A-1637 S-0169 1/2 L P MOORE 55.0210 ACS BEING A 49.126 AC TR & A 5.895 AC TRvacant FIE



A-1637 S-0169 1/2 L P MOORE 1.0000 ACRE BEING 104.4' X 417.4' house LDR


A-1637 S-0169 1/2 L P MOORE 1.0000 ACRE BEING 104.4' X 417.4' house LDR

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19.9880 ACRES windmills yard-offices IS

1.4280 ACRES vacant FIE

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LOT 2B - BEING 1.8100 ACRES REPLAT OF LOT 2home and agriculture LDR

agriculture FIE

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unable to verify-possibly agriculture storage FIE

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cemetary PS

10.8610 ACRES agriculture FIE

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City of San Angelo

Memo


To: Mayor and Council members

From: AJ Fawver, AICP, Interim Director of Development Services Jeff Hintz, Interim Senior Planner Subject: consider petition for possible annexation (to San Angelo’s City

limits) of certain properties situated southwest of San Angelo

Location: First of two required public comment periods for an area encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two.

Contacts: AJ Fawver, Jeff Hintz 657-4210

Caption: Public comments for and against annexation of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two.

Summary: City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to a growing residential subdivision, known as the Prestonwood Addition, located south/southeast of Sam's Club and west of Bonham Elementary School. This subdivision, nearing the completion of its development, was annexed to the city in 2008 and incorporates both traditional single-family residences and zero lot line homes.

On March 5, 2013 a vacant 8.995 acre tract was annexed into the City Limits; this particular property subject to this annexation request is directly adjacent to this 8.995 acre tract. A zone change and subsequently was applied for and approved zoning, this 8.995 acres Single-Family Residential (RS-1) from its default of Ranch and Estate (R&E) pursuant to section 303.A of the Zoning Ordinance. A subdivision of this 8.995 acres was approved by the Planning Commission and 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 prescribed under Chapter 43 of the Texas Local Government Code, City Council initiated a process that 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 petition of the area's landowner(s). This section (43.028) only applies to the annexation of areas that 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 second public hearing June 18, 2013 introduce annexation July 16, 2013 ordinance, on first reading second and final reading August 6, 2013 of annexation ordinance

Analysis of Proposed Annexation:

It is essential that the foundation statement of the 2009 Comprehensive Plan be considered in context of considering annexations, specifically that:

"Rapid land use expansion and recent annexations have affected the identity of the City and established a new development pattern that is fiscally unsustainable."

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 extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction." This excerpt is relevant in this situation, because the area is

vacant, and thus, no such development is in place. However, this argument alone is not compelling enough on its own - as vacant property is currently in place outside the city limits all around San Angelo - and should not necessarily be annexed. However, the Subdivision Ordinance requires that development that seeks to utilize San Angelo's water service petition for annexation before such service can be extended. It appears in this case that such a purposeful and specifically-situated tract - in the context that the neighboring property under the same ownership which is developing currently - was created specifically to pursue annexation in order to develop. As such, the second goal outlined in this Plan advises to "balance short-term costs of making measured capital improvements in possible annexation areas with the long-term costs of not annexing these same areas." More specifically, "recognize that determining best areas for annexation involves anticipating realistic potential for development around the urban fringe, annexing the most promising such areas...". The Comprehensive Plan goes on to state that it is important to "identify specific areas where...annexation may be useful for incorporating expected new development...within City limits, especially where an infrastructure of water utilities already exists."

Financial Impact: not applicable, yet Recommendation: N/A Attachments: legal description as provided by the applicant, of the proposed

area survey map as provided by the applicant petition as submitted to City staff Presentation: AJ Fawver, AICP, Planning Manager Publication: A legal notice was required for this and the next public hearing

(on June 18th) of this item. This notice was published in accordance with the Texas Local Government Code, on May 21, 2013.

City of San Angelo

Memo


To: Mayor and Council members

From: AJ Fawver, AICP, Interim Director of Development Services Jeff Hintz, Interim Senior Planner Subject: consider petition for possible annexation (to San Angelo’s City

limits) of certain properties situated southwest of San Angelo

Location: Second of two required public comment periods for an area encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two.

Contacts: AJ Fawver, Jeff Hintz 657-4210

Caption: Public comments for and against annexation of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two.

Summary: City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to a growing residential subdivision, known as the Prestonwood Addition, located south/southeast of Sam's Club and west of Bonham Elementary School. This subdivision, nearing the completion of its development, was annexed to the city in 2008 and incorporates both traditional single-family residences and zero lot line homes.

On March 5, 2013 a vacant 8.995 acre tract was annexed into the City Limits; this particular property subject to this annexation request is directly adjacent to this 8.995 acre tract. A zone change and subsequently was applied for and approved zoning, this 8.995 acres Single-Family Residential (RS-1) from its default of Ranch and Estate (R&E) pursuant to section 303.A of the Zoning Ordinance. A subdivision of this 8.995 acres was approved by the Planning Commission and 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 prescribed under Chapter 43 of the Texas Local Government Code, City Council initiated a process that 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 petition of the area's landowner(s). This section (43.028) only applies to the annexation of areas that 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 made second public hearing June 18, 2013 introduce annexation July 16, 2013 ordinance, on first reading second and final reading August 6, 2013 of annexation ordinance

Analysis of Proposed Annexation:

It is essential that the foundation statement of the 2009 Comprehensive Plan be considered in context of considering annexations, specifically that:

"Rapid land use expansion and recent annexations have affected the identity of the City and established a new development pattern that is fiscally unsustainable."

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 extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction." This excerpt is relevant in this situation, because the area is

vacant, and thus, no such development is in place. However, this argument alone is not compelling enough on its own - as vacant property is currently in place outside the city limits all around San Angelo - and should not necessarily be annexed. However, the Subdivision Ordinance requires that development that seeks to utilize San Angelo's water service petition for annexation before such service can be extended. It appears in this case that such a purposeful and specifically-situated tract - in the context that the neighboring property under the same ownership which is developing currently - was created specifically to pursue annexation in order to develop. As such, the second goal outlined in this Plan advises to "balance short-term costs of making measured capital improvements in possible annexation areas with the long-term costs of not annexing these same areas." More specifically, "recognize that determining best areas for annexation involves anticipating realistic potential for development around the urban fringe, annexing the most promising such areas...". The Comprehensive Plan goes on to state that it is important to "identify specific areas where...annexation may be useful for incorporating expected new development...within City limits, especially where an infrastructure of water utilities already exists."

Financial Impact: not applicable, yet Recommendation: N/A Attachments: 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 proposed area;

survey map as provided by the applicant; and petition as submitted to City staff. Presentation: AJ Fawver, AICP, Planning Manager Publication: A legal notice was required for this annexation hearing and was

published in accordance with the Texas Local Government Code, on June 5, 2013.

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´City of San AngeloPlanning Division72 W. College AvenueSan Angelo, TX 76903

1 inch = 500 feet

COMMERCIAL 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, TWINHOME AND 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)

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CU (CONDITIONAL USE)SP (SPECIAL PERMIT)SU (SPECIAL USE)ZC (ZONE CHANGE)

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Sherwood Way


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subject property


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Mills Pass Drive50 feet ROW40 feet pavement

AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ON PETITION OF PROPERTY OWNERS, TERRITORY GENERALLY DESCRIBED AS 24.484 ACRES LOCATED WEST/SOUTHWEST OF THE CITY EXTENDING NORTHWEST FROM MILLS PASS DRIVE BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; DESCRIBING THE TERRITORY ANNEXED; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING FOR AMENDMENT OF THE BOUNDARIES AND OFFICIAL MAP OF THE CITY; APPROVING A SERVICE PLAN THEREFORE; SUBJECTING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; DIRECTING NOTICE TO SERVICE PROVIDERS; DIRECTING PRECLEARANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING COMPLIANCE WITH OPEN MEETINGS ACT; AND, PROVIDING AN EFFECTIVE DATE

WHEREAS, the City of San Angelo, Texas is a home-rule municipality authorized by State law and the City Charter to annex territory lying adjacent and contiguous to the corporate limits of said City of San Angelo, Texas; and WHEREAS, pursuant to Texas Local Government Code, Section 43.028, all of the owners of a tract of land containing 24.484 acres extending northwest from Mills Pass Drive, Tom Green County, 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”), has petitioned the City Council in writing to annex the Area into the corporate limits of the City of San Angelo; 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 7th of 2013, the second on May 21st of 2013, and the third on June 4th 1913 as required by law and at San Angelo’s McNease Convention Center, where all interested persons were provided an opportunity to be heard on the proposed annexation of property and territory hereinafter described; and WHEREAS, all notices have been issued as required by law and all hearings held within the time required by law; and

WHEREAS, the City Council accepted the Petition Requesting Annexation by Area Landowners, and directed Planning staff to proceed with the proposed annexation schedule, at a regularly held meeting of the City Council on April 2, 2013; and,

WHEREAS, a service plan has been prepared that provides for the extension of appropriate municipal services into the area hereinafter described, which plan is attached hereto, and the City of San Angelo is able to provide such services; and WHEREAS, the hereinafter described property and territory is not within the boundaries of any 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 correct and are incorporated into the body of this ordinance as if fully set forth. Section 2. Annexation. The Territory described in Exhibit “A”, attached hereto and incorporated herein for all purposes, said Territory lying adjacent to and contiguous with the present boundaries of the City of San Angelo, Texas, be and is hereby added and annexed into the City of San Angelo, Texas, and said Territory shall hereafter be included within the corporate limits of the City of San Angelo, and the present boundary lines of said City, at various points contiguous with the Area annexed, are hereby altered, extended and amended so as to include said Area within the corporate limits of the City of San Angelo, Texas. Section 3. Amendment of Boundaries and Official Map of City. The official map and boundaries of the City of San Angelo, Texas, heretofore adopted and amended, shall be and are hereby amended so as to include the aforementioned annexed Territory as part of the City of San Angelo, Texas. Section 4. Service Plan. The service plan attached hereto as Exhibit “B” is hereby approved and is incorporated herein for all purposes. The City of San Angelo makes an affirmative determination that this service plan provides for services to the annexed Territory which are comparable to other areas within the City of San Angelo with similar land utilization, population density and topography. It is further found that those characteristics of land use, population density and topography which distinguish this Territory from other areas of San Angelo are considered a sufficient 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 San Angelo for all purposes, the property situated therein shall bear its pro rata part of taxes levied by the City of San Angelo; and, Section 6. Rights, Privileges and Duties of Inhabitants. The inhabitants of the annexed Territory shall be entitled to the rights and privileges of the other citizens of the City of San Angelo and shall be bound by the Charter, Ordinances, Resolutions and other regulations of the City of San Angelo. Section 7. Filing of Ordinance and Preclearance. The City Clerk is hereby directed to file a certified copy of this Ordinance with the County Clerk of Tom Green County, Texas, the Voting Registrar of Tom Green County, the Tom Green County Appraisal District, The Texas Secretary of

State, and the Texas Comptroller of Public Accounts in the manner required by law. The City Secretary is further directed to notify any service providers of services in the annexed Area and to submit preclearance of the annexation with the United States Department of Justice pursuant to State law and the federal Voting Rights Act. Section 8. Severability. If any part, provision, section, subsection, sentence, clause or phrase of this ordinance (or the application of same to any person or set of circumstances) is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining parts of this ordinance (or their application to other persons or sets of circumstances) shall not be affected thereby, it being the intent of City Council in adopting this ordinance, that no part thereof or provision contained herein shall become inoperative or fail by reason of any unconstitutionality of any other part hereof, and all provisions 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 Angelo hereby finds and declares that the meetings at which this ordinance was introduced and finally passed were open to the public as required by law and that public notice of the time, place and purpose of said meetings was given as require by the Open Meetings Act, Chapter 551 of the Texas Government Code. Section 10. Effective Date. This ordinance will become effective sixty (60) days from and after its adoption.

INTRODUCED on the 4th day of June, 2013, and finally PASSED, APPROVED AND ADOPTED

on this the 18th day of June, 2013.


by:______________________________________ Alvin New, Mayor ATTEST: by:_________________________________

Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM A. J. Fawver, Planning Manager Lysia H. Bowling, City Attorney

City of San Angelo

Memo DATE: May 30, 2013 TO: Mayor and Council Members FROM: Robert Salas, Neighborhood & Family Services Department Director SUBJECT: Agenda Item for June 18, 2013 Council Meeting CONTACT: Robert Salas 657-4274 CAPTION: Regular

Public Hearing to receive citizen input on requested projects to be considered for funding with Grant Year 2013 Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Grant funds from the U.S. Department of Housing and Urban Development and discussion and deliberation on funding allocations for said funds.

____________________________________________________________________________________

Summary: This is a public hearing for the 2013 CDBG and HOME allocations and the discussion and deliberation of those funds. The City Council needs to make its allocation decisions in order to comply with the Citizen Participation Plan and allow staff to prepare the Annual Action Plan. The attached 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 in HOME 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 program income, $48,040 in rental revenue and $30,000 from COSADC for a total of $1,125,023 to be allocated to 2013 projects. Project descriptions (attached) provide a synopsis of the applications for funding which were reviewed and analyzed by staff. The other attachment is the 2013 CDBG/HOME Projects Funding Worksheet which provides a summary of all proposed projects recommended for funding. Financial Impact: The allocation process must be completed in order to submit the required Annual Action 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 2013 projects as proposed by staff. Attachments: 2013 CDBG and HOME Project Descriptions 2013 Funding Worksheets

Presentation: By Neighborhood & Family Services Director Bob Salas Publication: Standard Times (English and Spanish) Reviewed by Department Director: N/A

PROPOSED CDBG/HOME PROJECT DESCRIPTIONS Listed below are detailed descriptions of activities recommended for funding under 2013 CDBG and HOME grant programs. Descriptions include timelines for each project, additional funding received for specific use of the project, and what national/local objectives the project addresses.

CDBG FUNDED PROJECTS $155,917 CDBG Administration/Planning Staff and related costs required for overall program management, coordination, monitoring, reporting, and evaluation of CDBG and HOME programs. Additional Funding: None NATIONAL OBJECTIVE: NA CONS. PLAN OBJECTIVE: Non-Housing Community Development ELIGIBLE ACTIVITY: 21A General Program Administration §570.206 $414,954 City’s Housing Rehabilitation Program Continues funding for the Housing Rehabilitation/Preservation Program which includes:

· Housing Rehabilitation · Emergency Repairs · Program Delivery

Housing Rehab - $177,969 will be for Housing Rehab loans/grants. Assistance will be provided to at least 5 eligible low/moderate income homeowners and at least 5 eligible rental units within the city limits of San Angelo. Expenditures for homeowner rehabs are limited to $24,999.00 per project. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderly individuals requiring such modifications will also be included. Homes will also receive work to reduce lead-based paint hazards, if necessary, based on requirements set by HUD regulations. Rental rehab properties will be capped at $15,000 per project and will require landlords to invest personal funds into the project. Landlords will also be required to adhere to affordability timelines and HUD rent limits and caps for the duration of the affordability period. Projects are scheduled first come first served and will be executed throughout the year. Emergency Repairs - $110,000 will fund 100% grant for low/moderate income homeowners for up to $5,000.00 in Emergency Repairs. An emergency is a situation or condition that occurred without warning (within two (2) weeks), is detrimental to life, health, or safety and requires immediate action. Action must be taken within 24-72 hours to remediate the emergency situation. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderly individuals requiring such modifications will also be included. The goal for this funding is to complete repairs for approximately 40 unduplicated households. Services continue throughout the year.

Program Delivery - $126,985 will fund salaries and benefits for program staff and provide funds for operating the Rehab programs.

Additional Funding: None NATIONAL OBJECTIVE: Benefit 100% low/moderate income households CONS. PLAN OBJECTIVE: Affordable Housing ELIGIBLE ACTIVITY: 14A Rehabilitation §570.202 $38,000 Code Compliance Funds the salary and benefits for a City of San Angelo Code Compliance Officer. This officer will be assigned to enforce codes, such as junk, junk vehicles, tall grass and weeds, junk appliances, refuse, unsightly material and temporary signs, and related state 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/moderate income areas. The service provided by the officer will aid in the elimination of conditions which are detrimental to health, safety and public welfare in targeted areas of the City. Year-long project. Additional Funding: None NATIONAL OBJECTIVE: Benefit at least 51% low/moderate income CONS. PLAN OBJECTIVE: Non-Housing Community Development ELIGIBLE ACTIVITY: 15 Code Enforcement Activities §570.202(c) $150,713 Debt Service Repayment of the Section 108 Loan for Rio Vista Park Renovation and the Producer’s Park Development. This loan totaling $2,035,000 plus interest will be paid back over period not to exceed 20 years. Additional Funding: None NATIONAL OBJECTIVE: Benefit at least 51% low/moderate income persons CONS. PLAN OBJECTIVE: Public Facilities ELIGIBLE ACTIVITY: Parks, Recreational Facilities §570.201(c) $20,000 Helping Hands Funds minor repairs to provide cost-free, safe, secure, and weatherproof housing for elderly homeowners. The Helping Hands program will be used to assist with minor repairs to plumbing, electrical, and other conditions that present an unsafe or unsanitary condition for the homeowner. Approximately 30 homeowners will be assisted through the Helping Hands Program. Projects are scheduled twice a year using community volunteers. Additional Funding: None NATIONAL OBJECTIVE: Benefit 100% low/moderate income persons CONS. PLAN OBJECTIVE: Affordable Housing ELIGIBLE ACTIVITY: 14A Rehabilitation §570.202

HOME FUNDED PROJECTS $204,439 City’s Affordable Housing Program Funds provided for HOME administration and Homebuyers Assistance Programs to continue to revitalize the current City Council identified Rio Vista, Blackshear, Reagan and Fort Concho target areas through down payment and closing cost assistance. Of the amount allocated, $72,812 will provide for administration costs and $115,000 will provide approximately 15 families down payment and closing cost assistance to purchase a home. $16,627 will be earmarked for Elderly Duplex maintenance. Projects will be executed throughout the year. Additional Funding: None NATIONAL OBJECTIVE: Benefit Low/Moderate Income Persons Benefit CONS. PLAN OBJECTIVE: Affordable Housing ELIGIBLE ACTIVITY: 12,13,14A Affordable Housing/Site Improvements

Rehabilitation/New Construction §92.205(a)

$51,000 MHMR Tenant-based Rental Assistance Funds provide tenant-based rental assistance (TBRA) to 21 clients with a chronic mental illness residing within the San Angelo city limits over a period of a year. The HOME funds requested 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 City of San Angelo that meets HUD’s minimum Housing Quality Standards. Yearlong services will be provided. Additional Funding: None NATIONAL OBJECTIVE: Benefit Low/Moderate Income Persons CONS. PLAN OBJECTIVE: Special Needs/Homeless Populations ELIGIBLE ACTIVITY: 05S Tenant-Based Rental Assistance §92.205(a) $90,000 Galilee Community Development Corp – CHDO Construction Grant Funds provide for new home construction for low/moderate income residents. GCDC’s current goal is to build at least 3 homes with the 2013 allocation and with other resources. Additional Funding: None NATIONAL OBJECTIVE: Benefit Low/Moderate Income Persons CONS. PLAN OBJECTIVE: Affordability Housing ELIGIBLE ACTIVITY: 12 Construction and Housing §92.2.05(a)

City of San Angelo

2013 CDBG Projects Funding Worksheet

CDBG Federal Entitlement 739,584

Program Income: Housing Rehab Loan 40,000

Program Year Funds Available 779,584

Prior Year Proposed

Allocation Allocation

Administration/Planning 152,049 155,917

Rehab/Housing Preservation

Program Delivery 119,256 126,985

Hsg Rehab Program 378,187 177,969

Emergency Repairs 90,000 110,000

Helping Hands 25,000 20,000

Debt Payment Services 151,173 150,713

Code Compliance 41,000 38,000

Total 813,492 779,584

City of San Angelo

2013 HOME Projects Funding Worksheet

HOME Federal Entitlement 245,399

Program Income: Revitalization Loans 22,000

SADC Revenue 30,000

Shelton Revenue 14,040

Elderly Duplex Rent Revenue 34,000

2013 Program Year Funds Available 345,439

Prior Year Proposed

Allocation Allocation

HOME Admin 74,646 72,812

Elderly Duplex Maintenance 10,000 16,627

First-time Homebuyers Asst (Down Pmt) 114,452 115,000

MHMR - TBRA 55,000 51,000

Galilee CDC (CHDO Set-Aside) 92,000 90,000

Totals 346,098 345,439

ARTICLE 8.100 GENERAL OFFENSES

Sec. 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 other instrument of any kind or character which emits loud, unusual, prolonged or raucous noises and is attached to or upon any motor vehicle, unless such person in charge of such vehicle shall have first applied to and received a permit from the chief of police or the chief's designee to operate any such vehicle 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 of police or the chief's 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 chief's 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 chief'sdesignee 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 misdemeanor and upon conviction shall be subject to a fine as provided for in Section 1.106 of this code. Each day of such violation shall constitute a separate offense.

(Ordinance adopted 10/2/01)

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6/4/2013http://z2codes.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0

City of San Angelo


To: Mayor and Council Members

From: Morgan Chegwidden, Budget Manager

Subject: Agenda Item for 6-18-13 Council Meeting

Contact: Morgan Chegwidden, 653-6291

Caption: Regular Item

Discussion and any action regarding the fiscal year 2013-2014 budget preparation.

Summary: Staff has begun compiling the draft budget and it is now time to start City Council discussions of the fiscal year 2013-2014 budget in order to adopt a budget on time. Management and staff are working to include criteria that address City Council’s strategic planning priorities in the 2013-2014 budget. At this meeting we will start preliminary discussions to set the ground work for adopting the 2013-2014 budget.

Management and staff will review the budget calendar, review the budget preparation process, present an overview of major funds, and submit the plan of what will be discussed at future meetings.

History: On February 26, 2013 the City Council held a strategic planning session to identify priorities for future budgets. This information will be utilized to propose a budget that meets City Council’s priorities.

In March staff began drafting the 2013-2014 budget. Budget staff held multiple training opportunities, directors and managers estimated revenue and expense items, and performance measures and services were evaluated. The budget committee convened to further refine the draft budget to ensure City Council priorities are addressed in the 2013-2014 budget.

Financial Impact: None at this time

Related Vision Item

(if applicable):

Financial Vision

Other Information/ Recommendation:

N/A

Attachments: Calendar

Presentation: PowerPoint

Publication: N/A

Reviewed by Director:

Michael Dane, ACM/CFO

Approved by Legal: N/A

2013-2014 Budget Preparation Calendar

2013-2014 Budget Preparation Calendar (continued)

City of San Angelo



From: Ricky Dickson, Water Utilities Director


Contact: Ricky Dickson, Water Utilities Director, 657-4209

Caption: Update on the Hickory Water Supply Project

Summary: Ricky Dickson will give an update on the status of the Hickory Water Supply projects currently in 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 Well Field Pipelines project. This project has since been completed and two other projects are currently under construction. The projects under construction are the 30” Transmission Main and the Booster Pump Station and Well Field Improvements. Projects currently advertised for bids include the Groundwater Treatment Facility and the Well Field Expansion – Package 1. Projects currently in the design phase are the Well Field Expansion – Package 2 which includes equipping 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/A Other Information/Recommendation: N/A Attachments: Presentation Presentation: Project update by Ricky Dickson. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, June 11, 2013.

City of San Angelo

Memo




Subject: Update and presentation on the progress of the housing committee

subgroups, of Multi-Family Living, Single-Family Living, and Temporary Housing in the form of Campgrounds/RV Parks and Extended Stay situations as established at the April 2, 2013 Council Meeting in a joint session with the San Angelo Planning Commission.

Contacts: Daniel Valenzuela, City Manager 325-657-4241

Michael Dane, Assistant City Manager 325-657-4241 AJ Fawver, Interim Director of Development Services 325-657-4210

Jeff Hintz, Interim Senior Planner 325-657-4210

Caption: Update and presentation regarding the status and progress of the

Housing Committee and subcommittees in reference to Multi-Family Living, Single Family Living, and Temporary Housing in the form of Campgrounds/RV Parks and Extended Stay situations as directed by City Council at the April 2, 2013 Joint Session with the

Planning Commission.

After these sub-committees were established by the City Council and Planning Commission at the April 2, 2013 meeting, the City Manager's Office (CMO) began reaching out to stakeholders and invited the public to attend a session(s) of interest to them. These committees to discuss housing included housing of a single-family residential nature, multi-family housing, and temporary housing in the form of campgrounds/rv parks and extended stay situations. Each subcommittee meeting had applicable members of City Staff and citizens of the community 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 and solutions to problems that may arise in the future in relation to the anticipated increase

for housing. Generally speaking, no one is entirely sure when the Cline Shale housing demand will reach San Angelo and how large the demand for housing will be. Single-Family Housing Subcommittee In regards to single-family housing, a 10 step strategic mapping practice was taken to gain a comprehensive understanding of the issues facing the community. The main issues 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 have around 500-550 properties available at any time. At the beginning of this subcommittee meeting, roughly 340 single-family properties were available; in general the times that properties were actually on the market had also been decreasing as well. Moving forward, this group discussed several issues facing housing at this time and received some clarification from City staff about what is being done right now by City Staff to prepare for the anticipated demand that may arrive in the community as a result of 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 would be ideal to promote and grow the single-family housing market in the community. A database of available properties that are ready to be built upon and a one stop shop for information was also sought as ideal. Additional utilization of the Chamber of Commerce website and marketing strategies to combine buildable, newly created subdivisions loaning/lending information and a marketing strategy were deemed to be the ideal approach to make things readily available with one master source; this approach would allow for centralized information distribution and make it easier for people looking to begin developing property for single-family residences within the City Limits. Multi-Family Housing Subcommittee A 10 step strategic mapping strategy was also taken in this subcommittee and over the course of a couple of weeks, goals, a vision, and some steps of action were also discussed. The demand for rental units in the recent months has risen and with that rise in 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 realistic achievement that would help alleviate the pricing issue. Discussion of tax credits and the costs of construction were also brought up in this particular set of meetings. One main issue of concern was that there is really no guaranteed number that can be pointed to that shows how many people in particular will be coming into San Angelo looking to live here permanently or live here just while they work. At this time there are not any vacant complexes, so a simple renovation of some existing units does not appear to be feasible. An additional number of units in the form of fixing up older, perhaps underutilized properties in the community could be a strategy to revitalize neighborhoods and improve the quality of life. A better study of where the oil field "sweet spot" is and when the people will be coming might be necessary before investors will come in and try to

meet this demand for housing. There are a lot of people living temporarily in other communities in the West Texas Region and this subcommittee feels that if we can improve 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 for the higher quality of life, and the long term investors will capitalize on this and invest in properties for the long run if the investment can be justified financially. In terms of action steps, the lack of quality information regarding water availability and other key indicators investors look to prior to investing, need to be made readily available and the numbers provided need to be updated as often as possible. Temporary Housing Subcommittee Perhaps the most talked about subcommittee of the three, the temporary housing committee has also been meeting the longest of the three as well. Initially, this group of individuals from the community and City Staff came together to discuss the current regulations 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 these meetings. After much discussion amongst the committee members, a two pronged approach to this situation was agreed to be ideal. One this was determined, the real work had begun. An extensive discussion about what can be done currently with the existing regulations, enforcement of potential violations, and effects on surrounding properties and impressions this land use gave to outsiders were discussed at length by this committee. To date, this group has gotten awfully close in making a final set of recommendations regarding campgrounds and rv parks to the Planning Commission; this recommendation includes potential amendments to the Zoning Ordinance and a set of specific use standards that would be adhered to for anyone looking to operate this type of establishment in the future. Issues relating to the protection of existing residential uses located nearby, site plan requirements, and general enforcement issues highlight the topics of discussion within this subcommittee. At this point, a recommendation is very close to being finalized and very shortly, this group will be looking to transition away from temporary stays in a campground and rv park, into the longer term living situations that may take place in some form of industrialized housing. The committee feels strongly that the proposed changes regarding campgrounds and rv parks would need to coincide with a change to the ordinances that govern longer term stays and industrialized housing; when that point is reached, the committee will look to forward both items to Planning Commission for review and possible action before being sent to the City Council for a final discussion.

Presentation: Daniel Valenzuela, City Manager

Michael Dane, Assistant City Manager AJ Fawver, Interim Director of Development Services Jeff Hintz, Interim Senior Planner

PROCLAMATION

WHEREAS, Small business owners are dynamic people with new innovations and ideas building America’s future. There are approximately 27.9 million small businesses in 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 and ability to bring new products to market quickly, small businesses are the showstoppers of the national economy; and

WHEREAS, 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 the private-sector economy and more than 99 percent of all businesses, were at the core of expansion, which saw output, business income, and profits rise while business bankruptcies and unemployment declined. The San Angelo small business community continues to help strengthen the overall economy, and provide job opportunities; and

WHEREAS, “National Small Business Week 2013” provides an opportunity to recognize

excellence in entrepreneurship and to salute and honor the accomplishments of small business owners.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City 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 business owners, while acknowledging that our nation’s economic engines are fueled by the hard work, determination and ingenuity of America’s entrepreneurs.


THE CITY OF SAN ANGELO ______________________________ Charlotte Farmer

Mayor Pro Tempore

june 18, 2013 agenda packet

Documents