Author: Cynthia Merla Spielman

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Request by Denver Heights for Help in Zoning Case

Request from Denver Heights’ resident, Alan Neff, asking for neighborhoods support against this zoning case that will be heard Tuesday, April 2ndat 1 p.m at One Stop. 

Update: Case postponed

Addition based on letter sent by Cynthia Spielman (the next two paragraphs): Inner-city neighborhoods face extraordinary challenges as they become “hot” real estate and speculators and developers purchase property to build. We face issues of unaffordability and displacement, degradation of once resilient neighborhoods and the destruction of legacy homes some more than a hundred years old. And like any crises, the challenges we face has created opportunities for revelation and visioning. Inner city neighborhoods do not oppose growth and change, but they want change and growth that is compatible, affordable, sustainable, and honors the existing culture. It seems like this quality is what the City of San Antonio has promoted through it SA Tomorrow Comprehensive Plan. 

I am asking that you think of this as developers, like this one, come with their requests.  Developers don’t lie to us: their interest is strictly monetary. They exist to make money for themselves and their investors. There is nothing wrong with that.  It is up to you to find that balance between a developer’s interest and the interests of the community in which they build. How much is enough? That is for the neighborhood residents and the developer to work out, but if they can’t, it is up to you to define what intensity of development creates good in a neighborhood and which helps to destroy its fabric. In this case it is clear that the proposed  development is not compatible in its intensity. Maximizing profit is simply not reason enough to burden a neighborhood. The following are good reasons to deny the applicant’s request: 

  • The request to change zoning from RM-4 to IDZ-2 at the 422 S Hackberry St property is not compatible with the existing neighborhood context. 
  • This development is proposing four dwellings that are three stories tall with roof terraces. The property is a generous size for what was originally intended for a four-plex to set on an historic inner city neighborhood. 
  • This developer is requesting a change to IDZ-2 zoning not because this is a difficult to develop infill lot, but because they want to maximize profit by building to the maximum potential lot area to the detriment of the surrounding community.  
  • The reduction of the 20- foot setback required by the RM-4 zoning to a 5-foot setback as allowed in the IDZ-2 zoning would allow a density and scale greater than anything around in the neighborhood. 
  • This combined with the requested parking reduction would add stress to an already stressed parking situation in the area.  
  • The garages are proposed at the ground level to face S Hackberry setting up a dangerous vehicular and pedestrian situation on this major thoroughfare. 
  • The proposed zoning change requested to support these $450,000 and up luxury homes is not supporting the master plans of the community nor is it supporting the community itself. 
  • Staff has recommended denial. 

Please support Denver Heights by writing or speaking against this requested zoning change. 

If you can’t attend the meeting you could write a letter/ email to the Zoning Commission. 

Send to 

Marco.hinojosa@sanantonio.gov

Re: ZONING CASE # Z-2019-10700012

412 S Hackberry 

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Toolkit to advocate against HB 3778

April 4, 2019 Update: HB 3778 has been modified so that there are no stipulations to block face restrictions. It does, however, provide for unlimited STRs in non residential areas outside of a municipality. It does prohibit any restrictions that result in the ban of all STRs. Read revised version here.

  • HB 3778 will prevent cities from regulating the location of short term rentals.
  • Testify Against HB 3778 in the House Urban Affairs CommitteeTexas Capitol – Room E2.010 – 8:00 AM – Thursday, April 4th


Click HERE if you intend to testify on Thursday. Also, review the links below for more info on opposing HB 3778.

Dear Texas Neighbor:
 Looking ahead to the hearing for HB 3778 on Thursday, we’ve put together a toolkit that you can use in your contact with Urban Affairs representatives. Please click on the links below to access the materials.

– Talking points for HB 3778/STR Preemption

– Tips for effective testimony

– Text of HB 3778

– Contact information for all members of Urban Affairs. For added convenience, these are also listed below for your convenience.

Please don’t hesitate to reply to this email address if you have any questions about testifying, or about the bill.

We will also conduct an email campaign on Tuesday, April 2nd in anticipation of the hearing. We will send out a link as we get closer to launch.

House Urban Affairs Committee Members:


Rep. Angie Chen-Button – angie.button@house.texas.gov – 512-463-0486
Rep. Matt Shaheen – matt.shaheen@house.texas.gov – 512-463-0594
Rep. Jessica gonzalez – jessica.gonzalez@house.texas.gov – 512-463-0408
Rep. Vikki Goodwin – vikki.goodwin@house.texas.gov – 512-463-0652
Rep. Eric Johnson – eric.johnson@house.texas.gov – 512-463-0586
Rep. Mayes Middleton – mayes.middleton@house.texas.gov – 512-463-0502
Rep. Christina Morales – christina.morales@house.texas.gov – 512-463-0732
Rep. Jared Patterson – jared.patterson@house.texas.gov – 512-463-0694
Rep. Valoree Swanson – valoree.swanson@house.texas.gov – 512-463-0572


Stay ready.

Sincerely,

Texas Neighbors for Property RightsDisclaimer – Texas Neighbors for Property Rights (TNPR) operates on behalf of the Texas Hotel & Lodging Association. TNPR’s sole purpose is to support the interests of the lodging industry through grassroots action. Any communication between TNPR or its officers and any other party is solely for informational purposes and does not constitute legal advice of any kind.
 Texas Neighbors for Property Rights
1701 West Avenue  |  Austin, Texas 78701  |  (512) 474-2996
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T1NC SC Letter to BoA re STR Special Exceptions

Translation: Tier One Neighborhood Coalition Steering Committee Letter to Board of Adjustment regarding Short Term Rental Special Exceptions

◊ TIER ONE NEIGHBORHOOD COALITION ◊

Steering Committee

Board of Adjustments

1901 S. Alamo St.

San Antonio, TX 78204

Re: STR BoA Cases for Special Exceptions

The T1NCSteering Committee supports the City of San Antonio’s recently adopted ordinance for Short Term Rentals (STR) and remains committed to seeing its fair and consistent application implementation.

The home sharing economy, such as Airbnb, HomeAway, Flip Key, and VRBO, allowing homeowners to list bedrooms, accessory dwellings or entire houses for Short Term Rental (STR) has changed the landscape of residential neighborhoods in San Antonio as well as across the nation. 

The Tier 1 Steering Committee members believe protecting our neighbors and neighborhoods is paramount in preserving and sustaining the cultural history of San Antonio and is also consistent with the SATomorrow Comprehensive plan and the Mayor’s Housing Policy Framework. 

We believe the STR ordinance as currently written is the first step toward a sensitive and balanced approach in protecting both San Antonio legacy neighborhoods and responsible business owners.  We acknowledge that future adjustments to the ordinance may become necessary once the city can quantify and evaluate the results, however we also believe that the willingness to allow for Special Exceptions should be carefully and judiciously meted out and that the rights of residents to protect their home investments be valued. There are many areas throughout the city that provide ample opportunity for the growth of STR Type 2s without the need to grant Special Exceptions and those areas that are already at the density limit should be aggressively protected.

We support our member neighborhoods’ decisions to either support the approval of or denial of a particular STR Type 2 Special Exception request and we respectfully ask the commission to do the same.

Respectfully,

Cosima Colvin (D1)

Dr. Christine Drennon (D1)

Antonio Garcia (D1)

Homer Hayes (D3)

Cullen Jones (D2)

Frederica Kushner (D1)

Velma Pena (D5)

Cynthia Spielman (D1)

Amelia Valdez (D5)

Terry Ybanez (D3)

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T1NC Letter: HB 2496 Update and How We Made a Difference

March 30, 2019

Dear T1NC Neighbors,

April 3, 2019 Update: The bill has made it out of Committee and will be scheduled by the Calendar Committee next. 

March 29, 2019 Update: There is a second version of HB 2496 that basically mirror’s San Antonio’s process. CoSA’s process is that in order for a case to pass HDRC and Zoning, it needs a majority vote (51%) and requires a supermajority vote (3/4) from City Council.  The revised HB 2496 bill requires a super majority vote by both commissions and CC. That isn’t as impactful for SA because HDRC and Zoning’s decisions are not quasi- judicial (they are recommendations only, unlike Board of Adjustment decisions that stand and do not go on to Council), but it is in other cities and would render them powerless against developers and could be devastating.  There is still an attempt to craft a third version of HB 2496 that would mirror San Antonio’s process exactly. Because it has enough committee members who have signed on, the bill will probably be put on the calendar for a vote. 

March 25, 2019 Update: Neighborhoods have been sending letters and it has made a difference, but last night, (Eastside neighborhoods’) Representative Barbara Gervin-Hawkins (District 120) signed on as a co-author. Barbara.gervin-hawkins@house.texas.gov

March 22, 2019 Update:  HB2496 has been scheduled for Public Hearing for Tuesday, March 26th before the Culture, Recreation, and Tourism Committee.C We will need people to testify in opposition of the bill or at least register their opposition to it via one of the kiosks in the House.  Here’s how to testify.

I just wanted to give you a report back about HB 2496 which is the bill that would require a property owner’s permission to designate a property or district as historic. 

Your letters made a profound difference. I am new to things at the state level and I wasn’t sure about the impact other than what I was told, but letters from voters seem to carry as much weight as information from the experts. 

This bill is about making it easier for developers couched in property-rights rhetoric. After I testified, a developer got up and furiously denounced the Texas Preservation group and neighborhoods. Another person testifying for the bill was a pastor of an African – American church who was upset because he could not tear down a building that was in need of expensive repair to make way for a more modern, less-expensive building to better serve his congregants. He was angry that others could dictate to him what he could do with his church, especially boards that were dominated by what he perceived as outsiders. What he did not mention was that his church was built by John Saunders Chase, described by UT as an architect whose “persistence and courage, as well as the forces of history, made him the first African American to attend graduate school at The University of Texas at Austin and the first licensed black architect in the South.” As you can see this is complicated issue. 

The night before I went to Austin to testify, D120 (Eastside) Representative Barbara Gervin-Hawkins signed on to the bill, giving it a big push forward. I asked Eastside leaders to contact her and they did. It was impressive how fast they were able to get those letters out in a matter of hours. Because of those letters, Jordan Ghawi (who is chair of state legislative issues for T1) and I were able to get a meeting with her after the hearings. She generously gave us almost 45 minutes which was impressive considering she was preparing for the House Budget bill the next which was going to be a 12-hour debate. It was her constituents reaching out that got us that meeting. 

I made the point that in inner-city neighborhoods, historic designation is our most important and only tool to preserve our history, culture, homes, and neighborhoods. It is a tool to prevent displacement. She said she hadn’t realized that the bill had an “unintended” consequence. The letter that the Esperanza Peace and Justice Center and the Westside Preservation Alliance sent help to make this case. 

The Representative said her motivation is that African-American pastors were complaining that they were not able to serve their congregants because they had broken down churches they could not maintain. They wanted to tear them down and rebuild and they were unable to do so, and were frustrated, as evidenced by the Austin pastor who testified. Jordan is going to set up a meeting with those pastors, at least in San Antonio, with Office of Historic Preservation to see if they can get some help.

This is where we are now: 
There is a second version of HB 2496 that basically mirrors San Antonio’s process. CoSA’s process is that in order for a case to pass HDRC and Zoning, it needs a majority vote (51%) and requires a supermajority vote (3/4) from City Council. The revised HB 2496 bill requires a super majority vote by both commissions and CC. That isn’t as impactful for SA because HDRC and Zoning’s decisions are not quasi- judicial (they are recommendations only, unlike Board of Adjustment decisions that stand and do not go on to Council), but they are in other cities and would render them powerless against developers and could be devastating.) There is still an attempt to craft a third version of HB 2496 that would mirror San Antonio’s process exactly. This is the version we could support wholeheartedly. This would be a favorable compromise. Because it has enough committee members who have signed on, more than likely be voted favorable out of committee. 

What I learned is that writing letters (often at the last moment, as things change) and showing up to testify on bills that affect our neighborhoods is extremely important. For upcoming legislation, I would be happy to accompany T1 members to the Capitol and we can navigate the system together. Jordan Ghawi, who sits on the Beacon Hill ANA, has been invaluable keeping us informed and walking me through the system. We can also count on our representatives’ staff to help us as well, at least that is the message that we were given by Representative Diego Bernal and by State Senator Menendez. We are not alone.

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Letter Against HB 2496 from the Westside Preservation Alliance and the Esperanza Peace and Justice Center

March 22, 2019                                                           

VIA EMAIL

Rep. John Cyrier 

Chair, Culture, Recreation and Tourism Committee

P.O. Box 2910

Austin, Texas 78768-2910                                          

RE: HB 2496

Mr. Cyrier,

On behalf of the Esperanza Peace & Justice Center and the Westside Preservation Alliance, a community-based historic preservation coalition dedicated to preserving and promoting the history of San Antonio’s Mexican American and working-class communities, we write to expressour opposition to HB 2496, which would prohibit a municipality from designating a historic landmark without the property owner’s consent.

We represent a coalition that is deeply invested in educating the community about the financial and cultural benefits of historic designation. While these benefits vary across the state due to local regulations, in San Antonio the financial benefits of historic designation are quite generous including a 20% tax exemption for up to 10 years, or for substantial rehabilitation the property owner has the choice of a) taxes frozen at the pre-improvement value for up to 10 years or b) owe the city no taxes for 5 years and then pay 50% of assessed post-rehab taxes for the next 5 years. Getting the word out about these relatively new tax incentives has been a slow process, and unfortunately many property owners are still unaware of the long-term financial benefits historic designation offers. For this reason, we believe HB 2496 overreaches in its attempt to apply a blanket policy across our vastly diverse state when historic designation should be a locally decided issue.  

It is important to note that it is quite rare to seek to designate a building as a historic landmark over the objection of the property owner. If such a situation occurs, it is nearly always because the property owner wants to raze the building, while the city wants to save an important and irreplaceable landmark for future generations. HB 2496 would also make it impossible to create meaningful and coherent local historic districts, as 100% owner consent for a local zoning district is almost impossible to obtain. Importantly, no other form of local zoning has such a requirement.

Respectfully,

Esperanza Peace & Justice Center 

Westside Preservation Alliance 

CC: Rep. Armando Martinez (Vice Chair)

Rep. John Bucy III

Rep. Barbara Gervin-Hawkins

Rep. Justin Holland

Rep. Jarvis Johnson

Rep. Geanie Morrison

Rep. Steve Toth

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Equal Access to City Notifications

One of the basic tenets of the Public Participation Principles is that of inclusion and transparency, of equal access to information. Neighborhoods have worked diligently to insert themselves in the decision-making process (in decisions that affect their neighborhoods and communities) have benefitted from these ideals. 

The act of registering neighborhood associations on the Neighborhood and Housing Services Department bestows the associations the privilege of receiving zoning changes and other notifications that are within their boundaries. But other organizations or coalitions who have fulfill the basic requirements and who have an interest in zoning or development issues do not receive these notifications by CoSA.

Privileging one type of organization over another works against the spirit of the Public Participation Principles and are a hindrance to meaningful public engagement. CoSA should recognize and send notices to any community and/or advocacy organization or coalition that meets the standards and makes a request upon registration. Broader communication and inclusion of citizen input is the center of the Public Participation Principles. The inclusion of registered organizations and coalitions in the notification process fulfills the following specific principles: 

INCLUSIVE – Engage a broad range of stakeholders, with particular emphasis on those who do not normally take part in City public participation process; make every effort to ensure that stakeholder groups do not feel left out of the process.

CONVENIENT – Make it as easy as possible to engage with the City; provide multiple opportunities for the public to provide input; when possible, meet people where they are instead of only requiring them to show up at a public meeting; utilize the power of digital communications while being mindful of technology gaps. 

RESPECTFUL – Consider all input received, including differing viewpoints, while balancing the interests of all stakeholders. 

CoSA needs to create a new outreach category to increase access to information to increase engagement. 

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T1NC SC Letter to Lege re HB 2496 and SB1488

Written by Jordan Ghawi on behalf of T1NC SC. We strongly encourage other neighborhoods and coalitions to send letters. Please feel free to use this letter as a template to send to the legislative members listed at bottom (with links).

April 3, 2019 Update: The bill has made it out of Committee and will be scheduled by the Calendar Committee next.

March 29, 2019 Update: There is a second version of HB 2496 that basically mirror’s San Antonio’s process. CoSA’s process is that in order for a case to pass HDRC and Zoning, it needs a majority vote (51%) and requires a supermajority vote (3/4) from City Council.  The revised HB 2496 bill requires a super majority vote by both commissions and CC. That isn’t as impactful for SA because HDRC and Zoning’s decisions are not quasi- judicial (they are recommendations only, unlike Board of Adjustment decisions that stand and do not go on to Council), but it is in other cities and would render them powerless against developers and could be devastating.  There is still an attempt to craft a third version of HB 2496 that would mirror San Antonio’s process exactly. Because it has enough committee members who have signed on, the bill will probably be put on the calendar for a vote.

March 25, 2019 Update: Neighborhoods have been sending letters and it has made a difference, but last night, (Eastside neighborhoods’) Representative Barbara Gervin-Hawkins (District 120) signed on as a co-author. Barbara.gervin-hawkins@house.texas.gov

March 22, 2019 Update: HB2496 has been scheduled for Public Hearing for Tuesday, March 26th before the Culture, Recreation, and Tourism Committee.C We will need people to testify in opposition of the bill or at least register their opposition to it via one of the kiosks in the House.  Here’s how to testify.

Note: HB 2496 and SB 1488: Relating to the designation of a property as a historic landmark by a municipality requiring landowner consent.

Dear Members of the Legislature, 

We write to you as a coalition of 57 San Antonio neighborhoods and 16 partner organizations to express our opposition to HB2496 and SB1488. 

We are deeply concerned that these bills, if passed, would dramatically alter the fabric of our neighborhoods. We wish to preserve the eclectic mix of residential and commercial architecture unique to our communities. At the end of the day, we want our neighborhoods to continue to tell the story of our history to future generations of Texans.  

Our cities and towns have been shaped by our unique histories and legacies, and our built environment helps to tell those stories. Many important buildings and sites in our communities still exist and thrive today because local advocates nominated them for local designation when they were threatened with demolition. Requiring owner consent for designation substantially hinders the ability of local ordinances to serve as effective preservation tools. Most critically, it also prevents concerned citizens from being able to safeguard cultural heritage in their communities. Far too many buildings and site have been lost because community members simply could not save them from the wrecking ball.

If this bill becomes law, our communities’ voices will be silenced. The bill will also significantly impede local municipalities’ abilities to effectively administer their preservation ordinances, which are uniquely tailored to each city. Our local government programs are specifically written to support the community and give our neighborhoods the tools to identify and protect the buildings and places that are most meaningful to us. Without this toolbox, the unique character of Texan cities and towns will be eroded in exchange for often short-sighted, wasteful, and uninspired development that simply aims for maximum profit.

We ask that you please consider the effects of this bill and the subsequent damage that it would do to local communities and our collective history.   

Respectfully, 

Tier One Neighborhood Coalition Steering Committee

Cosima Colvin, Christine Drennon, Tony Garcia, Homer “Butch” Hayes, Cullen Jones, Ricki Kushner, Velma Pena, Cynthia Spielman, Amelia Valdez, and Theresa Ybanez

This letter was sent to the following legislature members.

Co-author: sheryl.cole@house.texas.gov

Rep. Cole’s legislative director: Andre.treiber@house.tx.gov


Sen. Buckingham (author of the Senate companion bill)

dawn.buckingham@senate.texas.gov

Ginny.bell@senate.texas.gov 

Culture, Recreation, and Tourism Committee Members

Rep. Cyrier’s Office (author of the bill)

john.cyrier@house.texas.gov

MeLissa.Nemecek@house.texas.gov

Jacob.Reagan@house.texas.gov

Alonzo.Wood@house.texas.gov

Rep. Martinez’s Office

Mando.martinez@house.texas.gov

scott.jenkines@house.texas.gov

Rep. Bucy’s Office

john.bucy@house.texas.gov

Allison.heinrich@house.texas.gov

Rep. Gervin-Hawkin’s Office

Barbara.gervin-hawkins@house.texas.gov

ashley.thomas@house.texas.gov

jd.pedraza@house.texas.gov

Rep. Holland’s Office

justin.holland@house.texas.gov

Audrey.sirmon@house.texas.gov

Rep. Johnson’s Office

jarvis.johnson@house.texas.gov

Cole.wilson@house.texas.gov

Rep. Kacal’s Office

Kyle.kacal@house.texas.gov

Dade.pritchett@house.texas.gov

Rep. Morrison’s Office

Beanie.morrison@house.texas.gov

Shane.saum@house.texas.gov

Rep. Toth’s Office

Steve.toth@house.texas.gov

Fernando.sosa@house.texas.gov

Local Reps:

Rep. Bernal’s Office

diego.bernal@house.texas.gov

Julia.grizzard@house.texas.gov

mia.balderas@house.texas.gov

Sen. Menendez’s Office

Jose.menendez@senate.texas.gov

Emily.galdeano@senate.texas.gov


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T1NC Letter to GPA Director Jeff Coyle with Recommendations for Public Participation Principles Implementation

◊ TIER ONE NEIGHBORHOOD COALITION ◊

March 12, 2019

Dear Mr. Jeff Coyle, 

At our Tier One Neighborhood Coalition meeting on February 16th, 2019 at the Claude Black Center and then again to the Westside Neighborhood Association Coalition on February 21st, we presented a workshop on the Public Participation Principles. We’d like to commend Laura Mayes, Communications Strategist in the way that she answered questions and discussed concerns at the February 16thmeeting. 

The following are specific recommendations we are requesting at this time. These requests are the results of discussions among neighborhoods on February 16thand on February 21st. 

Recommended implementation strategies:  

  • Flow charts of CoSA processes, posted standardized minutes for all boards and commissions, livestream and archived video of not only City Council meetings, but Zoning Commission, Planning Commission and Board of Adjustment meetings as well (which is part of the Mayor’s directive) should be made available to citizens in a timely manner.
  • City websites should be more informational and easier to search for specific information. 
  • Plans for development projects that require zoning changes or tax incentives should be madeopen to the public as soon as they are submitted. 
  • Public meetings should be put on one City calendar so that  any overlap is clear. 
  • To implement the Principles of Public Participation Guidelines Ordinance residents should have the following options available to them when attending City meetings:
  • Parking validation
  • VIA bus ticket (similar to what you get for jury duty); could be downloaded as part of on-line sign in process
  • Quantifiable metric(s) on public attendance at workshops (% of census tract; minimum #) for both CoSA and consultants should be required and available to the public
  • A public expression of support by the City Attorney’s office for the rights of citizens, whether individually or as part of their representative Neighborhood Association or Community Organization, to use processes in place in order to challenge decisions made by city staff, i.e. appealing a DSD decision with the Board of Appeals. 
  • The establishment of a Neighborhood Commission. Again, this was a request that was made several times by T1NC of Mayor Taylor and City Manager Sculley’s response was to create the NHSD, which has not addressed the needs of neighborhoods and not provided that level of ombudsman ship that we are looking for.
  • An acknowledgement of stakeholder public priorities. As one resident put it, someone taking a survey at a Siclovia event is not the same as an informed citizen that will be directly affected by a policy. 
  • There have been several incidences where a public official will imply that public meetings equate to public approval when that has not been the case. Public officials should not imply something that is not true and must be held accountable when they misrepresent the facts. 
  • We understand that the implementation of the Principles are focused on input, not the decision-making process. Tier One would recommend a more transparent decision-making process in which key stakeholders are a part. 

We would appreciate feedback and information about how these recommendations are considered. 

Thank-you, 

Tier One Neighborhood Coalition Steering Committee

Cosima Colvin

Christine Drennon 

Tony Garcia

Homer “Butch” Hayes

Cullen Jones

Ricki Kushner

Velma Pena

Cynthia Spielman

Amelia Valdez

Theresa Ybanez

cc:

Mayor Ron Nirenberg 

District 7 Councilwoman Ana Sandoval

City Manager Erik Walsh

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Letter to BoA re: Short Term Rental Special Exception Requests on behalf of STR Task Force Members (written by Cosima Colvin)

Update March 29, 2019: One of the complications that has occurred is the definition of a “blackface” and whether it includes accessory dwelling units (ADUs) or what we use to call “back houses.”

February 17, 2019

Board of Adjustment 

1901 S. Alamo

San Antonio, TX 

Attn: Chair Roger Martinez

Re: The Short Term Rental Ordinance

Dear Mr. Martinez,

As citizens that served at the Development Services Department’s request on the Short Term Rental Task Force, we would like to express our appreciation for your support of the ordinance during a recent Board of Adjustments hearing. 

I attended the pre-hearing work session and was dismayed to find out that the commissioners had to learn in a rapid fire 30 minutes what my fellow STR TF members and staff and I worked on for 19 months. (April 2017 – Nov 1 2018) I felt compelled to follow-up with you and provide a copy of the statement that I mostly got to read (the new 2 min limit threw me off) at the hearing on February 18th.

“Those of us that were asked to serve and represent a neighborhood voice gave up several concessions in order to focus on the issue of Type 2 density. This was the most important part of the ordinance that we fought for and that we heard from the public was their top concern. By placing a restriction of 12.5% per block face we hoped to minimize the commercialization of residential streets.  In the case of multi-family properties and condos, the restriction was designed with the idea that neighborhoods should not have to lose their residential character so that a property owner could operate a mini-hotel within their community. 

And while it was always understood that a property owner would have the legal right to request a Special Exception in order to circumvent this restriction, I think the hope was that DSD staff would review that request within the context of the work that had been done by the STR Task Force, the input that had been received by the community and the goals of the SA Tomorrow Comprehensive Plan, all of which would provide a strong argument against allowing for the operation of a commercial business in the middle of a residential block and protect neighborhoods from losing their residential integrity. In addition, the concession was made that those operators that were already registered with the city and current on their legal obligation to pay the HOTax, which was required prior to the implementation of the STR Ordinance, would be grandfathered. And yet here we are, 7 days after the deadline to register, already considering a case that would push that work around to its very limits.

I also understand that staff has a set of pre-determined criteria that they need to use as a guideline, but I question how they have responded to some of those. While the property is already an MF property, so already being used for rentals, and therefore staff does not feel that it makes a difference whether those are long term rentals or tourist accommodations, I wonder if the other 6 tenants living in the building feel the same way.  It should also be noted that although many of the surrounding properties are zoned MF33, they are in fact single family properties and so the zoning is not reflective of the use.

In closing, we ask the commission to deny this request under the spirit of what the task force worked to balance between neighborhood preservation and the rights of property owners.

STR Task Force Members,

Cosima Colvin

Cynthia Spielman

Tony Garcia

Jim Smith

Cullen Jones

Charlotte Kerr-Jorgensen

It should be noted that Cynthia Spielman, Charlotte Kerr-Jorgensen and Jim Smith are STR Operators.”

We hope that you and your fellow Commissioners will be provided with additional training and resource material to be able to more comfortably consider STR Special Exception Requests. Although we stand behind the ordinance as a whole, we believe it will be requests based on the density restrictions that will test the ordinance’s mettle and the Commission’s.  I want to affirm that we are not saying that there should never be a Special Exception granted, but that they be meted out judiciously. Our group will continue to advocate for support of the ordinance

Lastly, we know that it is an important consideration of the Commissioners to hear from the neighbors and Neighborhood Association most directly affected, but in truth, STRs are an increasing issue in many of our urban core neighborhoods and precedents that get set in one will affect others. The citizens count on the Board of Adjustments’ members to consider their well-being as a matter of course, whether they are able to participate in the process or not. 

We thank you for your service to our city and its residents.

Sincerely,

STR Task Force Members,

Cosima Colvin

Tony Garcia

Cullen Jones

Charlotte Kerr-Jorgensen

Jim Smith

Cynthia Spielman

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Bird Mitigation Plan Elmendorf Lake Park and Bird Island Statement

By Gloria Pacheco Hernandez


My name is Gloria Pacheco Hernandez, and I am the President of the Las Palmas Neighborhood Association, which is part of the larger Westside Neighborhood Association Coalition.

I come before you to advocate the need for a sensible and mutually agreeable plan to save the Cattle Egrets birds, who were near extinction at one time, as well as other bird species of Bird Island in Elmendorf Lake Park.

The Egrets and other birds love to roost at Elmendorf Lake, especially on Bird Island, adjacent to the Our Lady of the Lake campus. They also like to eat at the Covel Gardens Landfill, because there are a lot of insects there. They are constantly flying back and forth between the two locations. But flying between the two locations causes problems when the birds interfere with aircraft. Therefore, many local officials and area military officials see the birds as a problem, threatening aviation in the area. What to do
about the birds has become a combative issue, especially for bird advocates and those of us who live in the area and do not see the birds as a major problem. Right now, the birds are contained in their natural habitat, and they are not causing any great damage.

The park, lake, birds, and other natural wildlife, add to the beauty of the neighborhood as well as affords researches and students an opportunity to study this unique inner-city area, the birds and other wildlife. Elmendorf has become a hot spot for area residents and bird watchers, who have a chance to see and study as many as 40 varieties of birds. Destroying the birds present habitat could result in them moving onto other public property and causing thousands and even millions of dollars in damage. It could also
put the Egrets once again at danger of becoming extinct. We want to be a bird-friendly community. Birds like and deserve healthy living environments, just as we as humans like and deserve healthy environments.

Presently, the community/public has not been provided with sufficient
documented information and data to support the birds are a severe threat to the airspace near Lackland AFB and Port San Antonio. Which leads me to believe there has not been an actual, in depth study of the situation. Therefore, I am requesting that the military and local officials and agencies involved work together to find an alternate solution to this matter and not relocate the birds from their natural habitat.