Terry Carter - Castle Hills, TX Of the six lots (almost 6 acres) across S. Winston Ln. from the sanctuary (and its almost 9 acres of parking), two were part of bequethments, some were bought at very conservative prices. Two were bought at highly inflated prices; acquisitions taking place from 1998. In November 1998, the land was suddenly cleared of all residential buildings. The Mega Church demolished the homes then applied for a SUP in July 1999 to build a 536-car parking lot. The neighborhood organized objecting to this type of encroachment within their quite neighborhood. We petitioned our neighbors within the adjacent area and presented the petition with 88 signatures, which equaled 95% of the residences on Winston Lane, W. Castle Lane, Hibiscus Lane, and Foxhall Lane to the Zoning Commission. At the next regular City of Castle Hills (City) council meeting, a 6-acre parking lot for 536 cars, with shuttle kiosks, was presented using draftsman’s drawings only, (no engineering renderings for water runoff, etc). As there was no agenda item to vote upon, the presentation was informative only, but it was the opening salvo leading to Federal Court. A resident next to the lots requested the required engineered drainage plan, site safety plan, traffic and lighting plans which effectively delayed the Special Use Permit. The more difficult to obtain “rezoning” has never been requested. A parking lot is not an allowable use for the 6-acres zoned A-Single Family Residence. There was no legitimate necessity or demonstrable need for the additional parking of that magnitude. Additional parking spaces needed to comply with city ordinances could be fulfilled in areas near the church building (needed 49 to fulfill one of two occupancy codes). For the first time, the neighbors organized their efforts to protect their residences. It has been necessary to support elections of councilpersons and mayors favorable to supporting and upholding the city’s zoning code and allowable usages. Support was sought and garnered from all parts of Castle Hills, as this sort of damage could happen anywhere. There were filled council halls and close votes to accept slight variations of the Mega Church’s plans, but the neighbors’ interests prevailed, by weight of facts and argument, or even the discovery of legal conflicts of interest in the council. When it became clear the city would support its own zoning and ordinances, the Mega Church sued. The required procedure of Mediation failed to bring forth any substantive new offers, and so failed. The neighbors’ group, Save Our Neighborhoods Group (the SONG-sters), have not commented on what should be done with land owned by the Mega Church, only steadfastly asking for enforcement of the existing zoning of A-Single Family Residence. When the special interest group, The Becket Fund, joined the CHFBC in the suit, it was amended to include the use of the never-allowed fourth floor to a gymnasium, and re-filed in Federal Court as a Freedom of Religion case, now to be heard by Judge W. Royal Ferguson of the Fifth District in San Antonio, Texas, on October 23, 2003, 1:00 PM. The neighbors and most residents of all of Castle Hills wish to protect the quality of our way of life in our homes, and to protect our financial investment against damage and denigration and diminution. We count on our governmental institutions to facilitate that—city council, courts, with the citizens who must be watchful and aggressive to insist they do so. Powerful and wealthy institutions use their influence to enact legislation that allows these institutions, specifically religious institutions, to have unlimited expansion ability, which no other individual or group has. In the face of this condition, how can we individuals possibly withstand such institutional encroachments, even when the individual is damaged? We will see in the judgment upcoming in October in San Antonio.
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