PETITION TO POSTPONE OR DENY ZONING CHANGE REQUEST

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Petition to Postpone or Deny Zoning Change Request

Case Number:  Z2017078 S ERZD

Land Description to be Rezoned: unofficial 0.83 Acre tract of land located within 8.508 acres tract described Volume 13770, Page 2487, Official Public Records of Real Property of Bexar County, Texas, Abst. 574, County Block 4766, N.C.B. 15825, San Antonio, Texas 78249.

Address: Located within 5000 Beckwith Blvd, San Antonio, Texas 78249

Summary of Proposed Rezoning or Zoning Change: San Antonio Television, LLC (“WOAI”) is attempting to rezone a small portion of property located within the larger vacant tract referenced above so that a 250 foot tall wireless communications tower can be built within an area that restricts the construction or development of these structures within such close proximity to residentially zoned property and other commercially zoned property. Officially, the request is phrased as a change in zoning from the current classification: “C-2 MLOD ERZD" Commercial Camp Bullis Military Lighting Overlay Edwards Recharge Zone District” to the requested changed zoning of "C-2 S MLOD ERZD Commercial Camp Bullis Military Lighting Overlay Edwards Recharge Zone District with Specific Use Authorization for a Wireless Communication System.” (emphasis added).

Status:

-       HEARING: Zoning Commission will vote to approve or deny this zoning application on April 4, 2017 at 1:00 PM.

-       LOCATION OF VOTE: 1901 South Alamo, San Antonio, TX 78204.

-       ATTENDANCE: ALL affected, adjacent neighborhood residents are highly encouraged to attend and voice their opposition to the zoning change. A voice at the hearing speaks louder than 10 signatures on a petition. Please make time to attend this hearing.

The Vote Should Be Postponed, or, in the alternative, the Zoning Change Request should be DENIED for the following reasons:

1.     NOTICE: Notice is required to be given to all adjacent property owners within a specific distance of the property being rezoned. Notice was not properly provided to the neighborhood of Woodland Park. Notice was mailed to the incorrect address of Woodland Park’s Home Owner’s Association (HOA) despite the HOA having its correct address properly filed of record with the county clerk in the real property records. Notice was not provided by certified mail. Notice was not mailed to Oakland Heights HOA.

a.     Woodland Park residents will be directly affected as the tower is directly across the street to the entrance of the neighborhood, and the tower will be visible from every property within the neighborhood. The HOA President was not alerted of this rezoning request being scheduled until Wednesday, March 29, 2017, when she was told of a meeting being held by WOAI to provide information about the tower and construction project. Accordingly, no information was available to residents and homeowners of Woodland Park until the evening of March 29, 2017. The vote to change the zoning of this portion of the property is scheduled only 3 business days after everyone in Woodland Park could be notified about the details of the zoning change and impact of the tower.

b.     To prevent requiring individual notice to be sent to numerous homeowners within Woodland Park, only a small portion of the subject property (0.83 acres) has been surveyed for the placement of the 250’ tower. This small tract is strategically located at such a distance that individual notice is not required, meaning that notice would only be sent to the HOA circumventing the intent of the zoning regulations. Now, the residents most affected by this request have no opportunity to voice their concerns or meet as a group to discuss options and generate a consensus as a community regarding their opposition, if any, to such development.

2.     TIME IS NEEDED TO EVALUATE THE PROJECT: All residents and affected property owners should be allowed more time to consider the following factors listed below, and then present their concerns to the zoning commission, the proposed developers, and their representatives. Factors to consider:

a.     Consistency with the adjacent property as zoned and the large number of residential properties within a close proximity.

b.     Adverse impacts on the neighboring lands. Everything from property values, nuisance, community impact, aesthetics, effects on infrastructure, effects on the Edwards Aquifer Recharge Zone, and more need to be discussed with the residents and such concerns addressed. Citizens that are possibly affected in these areas should have the time and right to evaluate these factors independent of the recommendations of lobbyists, hired engineers, and architects. Moreover, the city employees tasked with an evaluation and recommendation of this project have been limited to a partisan application and presentation of the proposed project/rezoning due to the reasons stated herein.

c.     Suitability of the Current Zoning of the subject property. When the property was originally annexed and zoned as a Temporary Single-Family Residence District. While there are commercially zoned properties adjacent to the subject land, nothing even close to the magnitude of a 250’ communication tower can be seen along Vance Jackson from DeZavala to UTSA blvd. Other than the recent retail outlet built at the corner of UTSA blvd and Vance Jackson, the only construction projects built along this area of Vance Jackson within the last 25 years have been residential development in the form of homes or apartments.

d.     Health, Safety, and Welfare. In conjunction with this large tower, a large commercial building is supposedly going to be built wherein 300 employees will work. This area has hundreds of children walking, riding their bicycles, and being dropped off by their parents at the nearby middle school, elementary school, and high school. Moreover, large towers like these have come under immense public scrutiny when located near residential areas and schools. We should be allowed time to evaluate these concerns, in addition to other environmental or health factors that can apply in these situations.

e.     Public Policy. Zoning changes, special exceptions, variances, etc. should never be taken lightly or rushed through commissions or local government. Thus, notice is required in numerous situations. Here, that process was thwarted due to a mistake by the Developer or their agents (or through clever tactics employed by a politically savvy firm) as the notice was mailed to the incorrect address for the Woodland Park HOA. Public Policy requires that all affected property owners should be provided with clear notice of the possible impacts and proposed changes to land within their communities. The residents of Woodland Park, Oakland Heights, and Cantera Village have been deprived of their right to properly evaluate this project and voice all remaining objections to this change.

f.      Size of the Tract: Again, the attempt to only rezone a small portion of the tract to accommodate the wireless tower appears to be an abuse of the City of San Antonio’s rules and the intent of those rules. By only rezoning this small tract of land that is not even officially platted with the city or listed as a separate tract of land with the appraisal district, individual notice to numerous landowners was circumvented in direct contravention of the purpose of the rules put in place to protect adjacent landowners and allow them time to form a consensus and a voice.

g.     We require more time to properly discuss and allow for other legitimate concerns not listed above to be addressed or voiced before this vote can be properly heard.

ACCORDINGLY, WE, THE UNDERSIGNED OWNERS OF PROPERTY AFFECTED BY THE REQUESTED ZONING CHANGE DESCRIBED ABOVE AND IN THE REFERENCED CASE, DO HEREBY PROTEST AGAINST ANY CHANGE OF THE UNIFIED DEVELOP CODE AND ZONING CLASSIFICATION OF THE IDENTIFIED PROPERTY, WHICH WOULD ZONE THE PROPERTY TO ANY CLASSIFICATION ALLOWING A SPECIFIC USE AUTHORIZATION FOR A WIRELESS COMMUNICATION SYSTEM.



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