City of Kingsville, Texas AGENDA CITY COMMISSION MONDAY, MAY 12, 2025 REGULAR MEETING CITY HALL HELEN KLEBERG GROVES COMMUNITY ROOM 400 WEST KING AVENUE 5:00 P.M. Live Videostream: https//www.facebook.com/cityofkingsvilletx I. Preliminary Proceedings. OPEN MEETING APPROVED BY: INVOCATION I PLEDGE OF ALLEGIANCE - (Mayor Fugate) MINUTES OF PREVIOUS MEETING(S) Charlie Sosa Regular Meeting - April 28, 2025 Interim-City Manager II. Public Hearing - (Required by Law)." None. III. Reports from Commission & Staff.2 "At this time, the City Commission and Staff will reportupdate on all committee assignments which may include but is not limited to the following: Planning & Zoning Commission, Zoning Board of Adjustments, Historical Board, Housing Authority Board, Library Board, Health Board, Tourism, Chamber of Commerce, Coastal Bend Council of Governments, Conner Museum, Keep Kingsville Beautiful, and Texas Municipal League. Staffi reports include the following: Building & Development, Code Enforcement, Proposed Development Report; Accounting & Finance - Financial Services - Information, Investment Report, Quarterly Budget Report, Monthly Financial Reports; Police & Fire Department = Grant Update, Police & Fire Reports; Street Updates; Public Works- Building Maintenance, Construction Updates; Park Services grant(s) update, miscellaneous park projects, Administration -Workshop Schedule, Interlocal Agreements, Public Information, Hotel Occupancy Report, Quiet Zone, Proclamations, Health Plan Update, Tax Increment Zone Presentation, Main Street Downtown, Chapter 59 project, Financial Advisor, Water And Wastewater Rate Study Presentation. No formal action can be taken on these items at this time.' IV. Public Comment on Agenda Items.3 1. Comments on all agenda and non-agenda items. V. Consent Agenda Notice to the Public Page 1of3 AGENDA KINGSVILLE CITY COMMISSION May 12, 2025 The following items are of a routine or administrative nature. The Commission has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Commission Member in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Commission will vote on all motions, resolutions, and ordinances not removed for individual consideration) 1. Motion to approve final passage of an ordinance amending the zoning ordinance by changing the zoning in reference to 3rd, Block 22, Lot 24-27 (Property ID 17385) also known as 620 E. Alice Ave., Kingsville, Texas from R1 (Single Family District) to C2 (Retail District); amending the comprehensive plan to account for any deviations from the existing comprehensive plan. (for Wholesale Bakery Use, Famosa Tortilla Factory). (Director of Planning and Development Services). 2. Motion to approve final passage of an ordinance amending the zoning ordinance by granting a Special Use Permit for Wholesale Bakery Use (Tortilla Factory) in C2 (Retail District) at 620 E. Alice Ave., Kingsville, Texas, also known as 3d, Block 22, Lot 24-27 (Property ID 17385); amending the comprehensive plan to account for any deviations from the existing comprehensive plan. (Director of Planning and Development Services). 3. Motion to approve final passage of an ordinance amending the zoning ordinance granting a Special Use Permit for a Wireless Telecommunications Pole Tower in C4-Commercial at Paulson's SUB, Lot B, also known as 1025 E. General Cavazos, Kingsville, Texas (Property ID 25758); amending the comprenensive plan to account for any deviations from the existing comprehensive plan. (for a 120' monopole) (Director of Planning and Development Services). 4. Motion to approve final passage of an ordinance amending the Fiscal Year 2024- 2025 Budget to provide additional funding for South Creek and Golf Course Road lift stations. (repairs to wastewater lift stations for TCEQ compliance) (Public Works Director). 5. Motion to approve reappointment of Joy Ansley to the City of Kingsville Health Board for a three-year term, expiring April 25, 2028. (Health Director). 6. Motion to approve reappointment of Joni B. Harrel to the City of Kingsville Health Board for a three-year term, expiring May 9, 2028. (Health Director). REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: VI. Items for consideration by Commissioners: 4 7. Consideration and approval of awarding Bid #25-14 for GLO CDGB-MIT Program State Contract number 22-082-016-D218 Project 4A: Alley oetween E. Johnston Ave. and E. Fordyce Ave. Sanitary Sewer Improvements, as per the recommendation of the consulting engineer. (City Engineer). 8. Consideration and approval of a resolution authorizing the Mayor to execute Step 2- Detailed Applications to the Texas Department of Transportation for the 2025 Page 2 of 3 AGENDA - KINGSVILLE CITY COMMISSION May 12, 2025 Transportation Alternatives Set-Aside (TASA) Program. (NOTE: City approved Step 1 applications on 1/13/25). (City Engineer). 9. Discuss and consider introduction of an ordinance amending the Fiscal Year 2024- 2025 Budget to correct funding source on BA #24 and BA #25. (Finance Director). 10. Discussion regarding process for selection of a Mayor Pro Tempore. (Commissioner Hinojosa). 11. Discuss and consider giving direction to staff on possible charter amendments for the November 4, 2025 election cycle. (Commissioner. Alarcon). VII. Adjournment. 1. No person's comments shall exceed 5 minutes. Cannot be extended by Commission. 2. No person's comments shall exceed 5 minutes without permission of majority of Commission. 3. Comments are limited to 3 minutes per person. May be extended or permitted at other times in the meeting only with 5 affirmative Commission votes. The speaker must identify himself by name and address. 4. Items being considered by the Commission for action except citizen's comments to the Mayor and Commission, no comment at this point without 5 affirmative votes of the Commission. NOTICE This City of Kingsville and Commission Chambers are wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 361/595-8002 or FAX 361/595-8024 or E-Mail valenuelatcityorsingsville.com for further information. Braille Is Not Available. The City Commission reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Government Code, Section 551-071 (Consultation with Attorney), 551-072 (Deliberations about Real Property), 551-073 Deliberations about Gifts and Donations) I 551-074 (Personnel Matters), 551.076 Deliberations about Security Devices), 551-086 (Certain Public Power Utilities: Competitive Matters). / and 551-087 (Economic Development) . I, the undersigned authority do hereby certify that the Notice of Meeting was posted on the bulletin board at City Hall, City of Kingsville, 400 West King Avenue, Kingsville, Texas, a place convenient and readily accessible to the general public at all times and said Notice was posted on the following date and time: May 7, 2025, at 10:00 A.M. and remained posted continuously for at least 72 hours proceeding the scheduled time of said meeting. mag Volengyula Mary Valenzuela, TRMC, City Secretary City of Kingsville, Texas This public notice was removed from the official posting board at the Kingsville City Hall on the following date and time: By: City Secretary's Office, City of Kingsville, Texas Page 3 of3 AGENDA - KINGSVILLE CITY COMMISSION May 12, 2025 MINUTES OF PREVIOUS MEETING(S) APRIL 28, 2025 A REGULAR MEETING OF THE CITY OF KINGSVILLE CITY COMMISSION WAS HELD ON MONDAY, APRIL 28, 2025, IN THE HELEN KLEBERG GROVES COMMUNITY ROOM, 400 WEST KING AVENUE, KINGSVILLE, TEXAS AT 5:00 P.M. CITY COMMISSION PRESENT: Edna Lopez, Commissioner Hector Hinojosa, Commissioner Leo Alarcon, Commissioner CITY COMMISSION ABSENT: Sam R. Fugate, Mayor Norma N. Alvarez, Commissioner CITY STAFF PRESENT: Charlie Sosa, Interim City Manager Mary Valenzuela, City Secretary Courtney Alvarez, City Attorney Derek Williams, Systems Administrator Emilio Garcia, Health Director Leticia Salinas, Accounting Manager Erik Spitzer, Director of Economic & Development Services James Creek, Captain Diana Gonzales, Human Resources Director Kobby Agyekum, Senior Planner/HPO Susan Ivy, Parks Director Deborah Balli, Finance Director Rudy Mora, City Engineer John Blair, Chief of Police Juan J Adame, Fire Chief Bill Donnell, Public Works Director Mike Mora, Capital Improvements Manager Raul Soliz, Human Resources Specialist/Safety & Training I. Preliminary Proceedings. OPEN MEETING Mayor Fugate opened the meeting at 5:00 p.m. with three commission members present. Mayor Fugate and Commissioner Alvarez are absent. INVOCATION I PLEDGE OF ALLEGIANCE = (Mayor Fugate) The invocation was delivered by Ms. Courtney Alvarez, City Attorney, followed by the Pledge of Allegiance and the Texas Pledge. MINUTES OF PREVIOUS MEETING(S) Regular Meeting = April 14, 2025 Special Meeting - April 21, 2025 Motion made by Commissioner Alarcon to approve the minutes of April 14, 2025, and April 21, 2025, as presented. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Lopez voting "FOR". II. Public Hearing - (Required by Law)." 1. Public hearing on request to rezone from R1 (Single Family) to C2 (Retail) for a Wholesale Bakery Use (Tortilla Factory) at 3rd, Block 22, Lot 24-27, (Famosa Tortilla Page 1 of 9 April 28, 2025 Factory), also known as 620 E. Alice Ave., Kingsville, TX 78363 (Property ID 17385). (Director of Planning and Development Services). Commissioner Lopez read and opened this public hearing at 5:01 p.m. Commissioner Lopez further announced that this is a public hearing. If anyone would like to speak on behalf of this item, they may do sO now with a five-minute limit. Additional time cannot be extended by the City Commission. Mr. Erik Spitzer, Director of Planning and Development Services stated that Mr. Jose Flores and Mr. Jaime Flores, applicants and owners approached the Planning Department on February 20, 2025, requesting approval of re-zoning the parcel of land located at 620 E. Alice from R1 Single Family District to C2 Retail District to support re-opening a tortilla factory that was open for 50 years. The property has been vacant for 3 years and is located in the city's historic district. He further stated that this establishment was recently purchased after remaining vacant for approximately 3 years. It is currently zoned R1 Single Family District. Adjacent parcels of land are currently zoned R1 Single Family District. Parcels of land located two to three blocks away are zoned C1 Neighborhood Service District. Mr. Spitzer continued to state that a Planning and Zoning Commissioner meeting was held on April 16, 2025, and deliberated over the request to rezone the parcel of land located on 620 E. Alice. Staff mailed twenty-five letters to neighbors within the 200-foot buffer, and the city has received no feedback from those notified. The Planning and Zoning Commission voted to recommend approval of the rezone to support reopening a tortilla factory. Commissioner Alarcon commented that years ago there were other businesses within the area. This establishment has been there for 50 years. There being no further discussion, Commissioner Lopez closed this public hearing at 5:08 p.m. 2. Public hearing on request for a Special Use Permit for a Wholesale Bakery Use (Tortilla Factory) in C2 (Retail) at 3rd, Block 22, Lot 24-27, (Famosa Tortilla Factory), also known as 620 E. Alice Ave., Kingsville, TX 78363 (Property ID 17385). (Director of Planning and Development Services). Commissioner Lopez read and opened this public hearing at 5:08 p.m. Commissioner Lopez further announced that this is a public hearing. If anyone would like to speak on behalf of this item, they may do SO now with a five-minute limit. Additional time cannot be extended by the City Commission. Mr. Spitzer stated that this is related to the first publichearing, but for a request for a Special Use Permit. The Planning and Zoning Commission met on April 16, 2025, and voted to recommend approval of a Special Use Permit to support the reopening of a tortilla factory. There being no further discussion, Commissioner Lopez closed this public hearing at 5:10 p.m. 3. Public hearing on request for a Special Use Permit for a Wireless Telecommunications Facility with a 120' monopole in C4 (Commercial) at Paulson's SUB, Lot B, acres .0, also known as 1025 E. General Cavazos, Kingsville, TX 78363 (Property ID 25758). (Director of Planning and Development Services). Commissioner Lopez read and opened this public hearing at 5:01 p.m. Commissioner Lopez further announced that this is a public hearing. If anyone would like to speak on behalf of this item, they may do sO now with a five-minute limit. Additional time cannot be extended by the City Commission. Mr. Spitzer stated that Mr. Vincent Gerard & Associates, Applicant and Robert De Pol, Owner, approached the Planning Department on March 17th, 2025, requesting approval of a Special Use Permit for a Wireless Telecommunications Facility with a 120' monopole Page 2 of! 9. April 28, 2025 antenna in C4 (Commercial) of Paulson's SUB, Lot B, Acres .0, also known as 1025 E General Cavazos, Kingsville, TX 78363 (Property ID 25758). In accordance with the City of Kingsville's Land Use Chart, telecommunication mounting structures over 100' tall require a Special Use Exception (SUE); we accomplish this requirement with a Special Use Permit (SUP) application. AT&T Mobility is proposing a wireless site at 1025 E General Cavazos, Kingsville, TX78363 (Property ID 25758) to improve coverage in the area. AT&T radio frequency engineers have received numerous complaints from NAS Kingsville customers. This solution will benefit both NAS Kingsville and existing interior sites within the City of Kingsville. An existing monopole antenna located approximately 2300' northwest (owned by Cellco) has zero additional ground space for increasing capacity, nor does it have adequate height to optimize coverage. This proposed unmanned site will be accessed once per month by a maintenance worker. In addition, the FAA confirmed the future planned structure would not exceed obstruction standards, nor would be a hazard to air navigation. The request also has approval recommendation from Commander, Training Air Wing TWO. The Planning and Zoning Commission meeting was held on April 16th, 2025, with 6 of 7 members in attendance. Members deliberated over the request to recommend approval of a Special Use Permit for a Wireless Telecommunications Facility with a 120' monopole antenna at 1025 E General Cavazos, Kingsville, TX 78363. Five notice letters were sent out to neighbors within the 200 feet buffer and the city has received no feedback from those notified. The Planning and Zoning Commission board members voted to approve the recommendation of a Special Use Permit for a Wireless Telecommunications Facility with a 120' monopole antenna at 1025 E General Cavazos, Kingsville, TX 78363. There being no further discussion, Commissioner Lopez closed this public hearing at 5:14 p.m. III. Reports from Commission & Staff.2 "At this time, the City Commission and Staff will report/update on all committee assignments which may include but is not limited to the following: Planning & Zoning Commission, Zoning Board of Adjustments, Historical Board, Housing Authority Board, Library Board, Health Board, Tourism, Chamber of Commerce, Coastal Bend Council of Govemnments, Conner Museum, Keep Kingsville Beautiful, and Texas Municipal League. Staff reports include the following: Building & Development, Code Enforcement, Proposed Development Report; Accounting & Finance - Financial Services - Information, Investment Report, Quarterly Budget Report, Monthly Financial Reports; Police & Fire Department - Grant Update, Police & Fire Reports; Street Updates; Public Works- Building Maintenance, Construction Updates; Park Services grant(s) update, miscellaneous park projects, Administration -Workshop Schedule, Interlocal Agreements, Public Information, Hotel Occupancy Report, Quiet Zone, Proclamations, Health Plan Update, Tax Increment Zone Presentation, Main Street Downtown, Chapter 59 project, Financial Advisor, Water, And Wastewater Rate Study Presentation. No formal action can be taken on these items at this time.' 1 Commissioner Lopez read and presented a proclamation regarding Public Service Recognition Week. Mr. Charlie Sosa, Interim City Manager, reported that the Loteria Festival that occurred this past weekend was well attended. He further thanked staff for their hard work in putting this event together. Mr. Sosa then gave a brief update on street projects. Ms. Courtney Alvarez, City Attorney, reported that the next city commission meeting is scheduled for May 12, 2025. The deadline for staff to submit their agenda items for that meeting is Wednesday, April 30, 2025. Page! 3 of 9 April 28, 2025 Commissioner Hinojosa commented that in front of them today, they have a letter from Mayor Fugate stating that in his absence, Commissioner Lopez will be running the meeting tonight. Hinojosa further commented that he and Mayor Fugate went round and round about a disagreement, which rubbed him the wrong way. He feels that this needs to be put to rest and have an agenda item to determine who will be Mayor Pro Tem. He further commented that this decision is up to the Commission, which is where he and the Mayor are in disagreement of. Hinojosa stated that it is the mayor's interpretation that what he is doing is correct, but he feels that it is wrong. Commissioner Hinojosa commented that he would like to see an agenda item on the next agenda to put this to rest and move forward. Hinojosa also commented that there were a lot of options that he had either to walk off or cancel this meeting, but that would not be the right way to do it. This would only let the taxpayers down. Hinojosa further stated that it is his request to have an item on the agenda for the next meeting to determine and take action on how to handle the Mayor Pro Tem. He further commented that maybe it could be done on a yearly, monthly, or quarterly basis. Commissioner Alarcon commented that he would like an opinion from outside council or the Attorney General to give us an opinion or some answers on this situation, as the City Charter is not clear. He further stated that it states that the Mayor can appoint but yet the council has to approve. He stated that they have already made the determination that they will not be going with his request. Alarcon further stated that he would like an Attorney General's opinion sO this can be cleared up. IV. Public Comment on Agenda Items.3 1. Comments on all agenda and non-agenda items. Mr. Joel Saenz, 307 W. Ailsie, commented that he was in attendance at the last special city commission meeting. He further commented that he has brought the city commission information on 201 S. 6th Street, which is the property he is currently assisting a friend with. He further commented that on Tuesday, he received a call from the Planning Director, to which he didn't take the call well. He further stated that apparently he doesn't know what he is doing or dumb to approach the commission at the time. But as he resides in Kingsville, he has that right. He stated that since then, he has been angry about this, but someone told him on Wednesday that he should be as he doesn't know the truth here, but a gentleman doesn't live in Kingsville, he doesn't pay utility bills, taxes, or even vote for a Mayor or City Commissioner. Mr. Saenz stated that he was told that the calls were being recorded, and if someone on staff wishes to hear the phone conversation, the call took place on Tuesday between 3:35 p.m. to 4:25 p.m. He further commented that he does know what he is talking about. V. Consent Agenda Notice to the Public The following items are of a routine or administrative nature. The Commission has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Commission Member in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Commission will vote on all motions, resolutions, and ordinances not removed for individual consideration) Page 4 of 9 April 28, 2025 Motion made by Commissioner Alarcon to approve the consent agenda as presented, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Lopez, voting "FOR". 1. Motion to approve final passage of an ordinance amending the zoning ordinance by changing the zoning map in reference to KT&I Co, Block 18, Lot Pt9,Pt10, (10.98 acres) (Property ID #17868), Kingsville, Texas, from R1 (Single Family Residential District) to R3 (Multi-Family Residential District), (off Loop 428); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. (Director of Planning and Development Services). 2. Motion to approve final passage ofan ordinance amending the City of Kingsville Code of Ordinances Chapter XI-Business Regulations, Article 2-Ambulance Service, Section 28-Ambulance Billing Rates for Services Provided by the City of Kingsville Ambulance Service, providing for revisions to rates. (Fire Chief). 3. Motion to approve final passage of an ordinance amending the Fiscal Year 2024- 2025 Budget to accept and expend grant funding from the Ed Rachal Foundation for salaries and park field improvements. (authorizing resolution #2024-95 approved 11/25/24) (Parks Director). 4. Motion to approve final passage of an ordinance amending the Fiscal Year 2024- 2025 Budget to accept and expend grant funding from StoneGarden for Police overtime, portable radios, and vehicle maintenance. (authorizing resolution #2025- 14 approved 1/27/25) (Police Chief). 5. Motion to approve final passage of an ordinance amending the Fiscal Year 2024- 2025 Budget to reallocate Utility Funds ARP funding for the water meter project to General Fund ARP funding for the animal shelter project. (Purchasing Manager). REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: VI. Items for consideration by Commissioners. 6. Discuss and consider introduction of an ordinance amending the zoning ordinance by changing the zoning in reference to 3rd, Block 22, Lot 24-27 (Property ID 17385) also known as 620 E. Alice Ave., Kingsville, Texas from R1 (Single Family District) to C2 (Retail District); amending the comprehensive plan to account for any deviations from the existing comprehensive plan. (for Wholesale Bakery Use, Famosa Tortilla Factory). (Director of Planning and Development Services). Introduction item. 7. Discuss and consider introduction of an ordinance amending the zoning ordinance by granting a Special Use Permit for Wholesale Bakery Use (Tortilla Factory) in C2 (Retail District) at 620 E. Alice Ave., Kingsville, Texas, also known as 3rd, Block 22, Lot 24-27 (Property ID 17385); amending the comprehensive plan to account for any deviations from the existing comprehensive plan. (Director of Planning and Development Services). Introduction item. 8. Discuss and consider introduction of an ordinance amending the zoning ordinance granting a Special Use Permit for a Wireless Telecommunications Pole Tower in C4-Commercial at Paulson's SUB, Lot B, also known as 1025 E. General Cavazos, Kingsville, Texas (Property ID 25758); amending the comprehensive plan to account for any deviations from the existing comprehensive plan. (for a 120' monopole) (Director of Planning and Development Services). Page 5 of 9 : April 28, 2025 Mr. Spitzer stated that the company plans on placing a 120-foot monopole, but the location will be blocked by trees, and the area will be gated. ntroduction item. 9. Discuss and consider the continuation of All-Risk Property Insurance with TMLIRP as per staff recommendation. (Human Resources Director). Mrs. Diana Gonzales stated that this item authorizes the city to continue with Texas Municipal League Intergovemmental Risk Pool (TMLIRP) for all risk property insurance coverage, except for windstorm, for May 1, 2025, through September 30, 2025, at a cost of $61,802.00. This policy covers fire, flood, earthquake, lightning, and equipment breakdown. The city's total insured values are approximately $64,701493.00, which includes TMLIRP's additional 3% for inflationary factors. Property insurance premiums are budgeted in the prepaid liability account and subsequently charged to specific line items in the different funds ending in 33501. The increased costs for the all-risk policies are to be funded with the savings realized from the decrease in the windstorm insurance policy. Motion made by Commissioner Hinojosa to approve the continuation of All-Risk Property Insurance with TMLIRP as per staff recommendation, seconded by Commissioner. Alarcon. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Lopez voting "FOR". 10. Discuss and consider the renewal of Windstorm & Hail Insurance, including named storms, through Victor Insurance Managers LLC as per staff recommendation. (Human Resources Director). Ms. Gonzalez stated that this item authorizes the city to enter into a contract with Victor nsurance Managers, LLC, from Houston, TX, for Windstorm & Hail Coverage, including named storms for May 1, 2025, through April 30, 2026. Scheduled values total $53,883,906.00. Victor Insurance Managers LLC sought proposals for windstorm coverage from different carriers. Victor received 30 responses, which included several companies declining to quote. The quote for windstorm coverage under Victor Insurance Managers, LLC is $356,249.00 annually for May 1, 2025, to April 30, 2026. This is a decrease of $26,142.00. Property insurance premiums are budgeted in the prepaid liability account and subsequently charged to specific line items in the different funds ending in 33501. After discussion with the Interim City Manager, staff recommends proceeding with Option 2 provided by' Victor Insurance Managers, LLC, which utilizes the following carriers to provide windstorm and named storm insurance coverage: TWIA, Lexington (LEAD), Velocity, Markel, RSUI, and Lloyds. Motion made by Commissioner Hinojosa to approve the renewal of Windstorm & Hail Insurance, including named storms, through Victor Insurance Managers LLC as per staff recommendation, option 2, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Alarcon, Hinojosa, Lopez voting "FOR". 11. Consideration and approval of a resolution of the City of Kingsville, Texas providing for the City to become a member of the American Flood Coalition. Commissioner Alvarez). Mr. Sosa stated that this item authorizes the city to join the American Flood Coalition. There are no fees to join, and this will allow the city the opportunity to apply for different grants. Motion made by Commissioner Alarcon to approve the resolution of the City of Kingsville, Texas, providing for the City to become a member of the American Flood Coalition, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Lopez voting "FOR". Page 6 of9 April 28, 2025 12. Consideration and approval of a resolution authorizing the Interim City Manager to execute the Construction Contract with Mor-Wil LLC for the GLO CDBG-MIT Contract 22-085-009-D237 Project 3: E. Caesar Ave. Storm Water Improvements. (from 18th St. to 240 ft. east of 24th St.)(Bid #25-11; awarded 4/14/25) (City Engineer). Mr. Rudy Mora, City Engineer, stated that bid 25-11 Project 3 was awarded on April 14, 2025, and staff is requesting the construction contract be awarded in the amount of $7,026,961.60. Motion made by Commissioner Alarcon to approve the resolution authorizing the Interim City Manager to execute the Construction Contract with Mor-Wil LLC for the GLO CDBG-MIT Contract 22-085-009-D237 Project 3: E. Caesar Ave. Storm Water Improvements. (from 18th St. to 240 ft. east of 24th St.) (Bid #25-11; awarded 4/14/25), seconded by Commissioner Lopez. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Lopez voting "FOR". 13. Consideration and approval of a resolution authorizing the Interim City Manager to execute the Construction Contract with Mor-Wil LLC for the GLO CDBG-MIT Contract 22-085-009-D237 Project 5: E. Caesar Ave. Storm Water Improvements. (from E. Carlos Truan Blvd. to 18th St.) (Bid #25-12; awarded 4/14/25) (City Engineer). Motion made by Commissioner Lopez to approve the resolution authorizing the Interim City Manager to execute the Construction Contract with Mor-Wil LLC for the GLO CDBG-MIT Contract 22-085-009-D237 Project 5: E. Caesar Ave. Storm Water Improvements. (from E. Carlos Truan Blvd. to 18th St.) (Bid #25-12; awarded 4/14/25), seconded by Commissioner Hinojosa and Commissioner Alarcon. The motion was passed and approved by the following vote: Alarcon, Hinojosa, Lopez voting "FOR". 14. Consideration and approval of a resolution authorizing the Interim City Manager to execute the Construction Contract with D&J Utility Services LLC for the GLO CDBG-MIT Contract 22-085-009-D237 Project 10: N. Armstrong Ave. Storm Water Improvements. (from Corral Ave. to Santa Gertrudis Ave.) (Bid #25-13; awarded 4/14/25) (City Engineer). Mr. Mora stated that this bid was awarded April 14, 2025. It is the staff's request to award the construction contract for an amount of $1,087,788.00. Motion made by Commissioner Alarcon to approve the resolution authorizing the Interim City Manager to execute the Construction Contract with D&J Utility Services LLC for the GLO CDBG-MIT Contract 22-085-009-D237 Project 10: N. Armstrong Ave. Storm Water improvements. (from Corral Ave. to Santa Gertrudis Ave.) (Bid #25-13; awarded 4/14/25), seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Lopez voting "FOR". 15. Consideration and approval of a resolution authorizing the Interim City Manager to execute Change Order No. 2 for the Construction Contract with R.S. Parker Construction, LLC for the GLO CDBG-MIT Contract 22-085-009-D237 Project 2: N. 19th Street Storm Water Improvements Project. (City Engineer). Mr. Mora stated that this is approval for Change Order No. 2 for the General Land Office (GLO) Community Development Block Grant Mitigation Contract No. 22-085-009-D237 Project 2, N. 19th Street stormwater improvements project. There was an error in the wage rate schedule for this project. A highway classification was used instead of a heavy Classification, and the change order is to correct the error. There are no funds needed for this change order as it is being corrected administratively. There is also a request for additional time for the project due to manufacturing delays for an additional 60 calendar days. Page 7 of 9 April 28, 2025 Motion made by Commissioner Hinojosa to approve the resolution authorizing the Interim City Manager to execute Change Order No. 2 for the Construction Contract with R.S. Parker Construction, LLC for the GLO CDBG-MIT Contract 22-085-009-D237 Project 2: N. 19th Street Storm Water Improvements Project, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Alarcon, Hinojosa, Lopez voting "FOR". 16. Consideration and approval of a resolution authorizing the Interim City Manager to execute Change Order No. 1 for the Construction Contract with Donald Hubert Construction Co. for the GLO CDBG-MIT Contract 22-085-009-D237 Project 6: Carlos Truan Blvd. Storm Water Improvements Project. (City Engineer). Mr. Mora stated that staff is seeking approval for Change Order No. 1. There was an error in the wage rate schedule for this project and this change order will correct that error. No additional funds are needed. Motion made by Commissioner Alarcon to approve the resolution authorizing the Interim City Manager to execute Change Order No. 1 for the Construction Contract with Donald Hubert Construction Co. for the GLO CDBG-MIT Contract 22-085-009- D237 Project 6: Carlos Truan Blvd. Storm Water Improvements Project, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Lopez voting "FOR'. 17. Consideration and approval of a resolution authorizing the Interim City Manager to execute Change Order No. 1 for the Construction Contract with R.S. Parker Construction, LLC for the GLO CDBG-MIT Contract 22-085-009-D237 Project 8: Alice Ln/Margaret Ln Storm Water Improvements Project. (City Engineer). Mr. Mora stated that this is similar to the prior items. There was an error in the wage schedule for this project. This change order will correct the error with no additional funds needed. Motion made by Commissioner Hinojosa to approve the resolution authorizing the Interim City Manager to execute Change Order No. 1 for the Construction Contract with R.S. Parker Construction, LLC for the GLO CDBG-MIT Contract 22-085-009-D237 Project 8: Alice Ln/Margaret Ln Storm Water improvements Project, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Alarcon, Hinojosa, Lopez voting "FOR". 18. Consideration and approval of a resolution authorizing the Interim City Manager to execute Change Order No. 3 for the Construction Contract with R.S. Parker Construction, LLC for the GLO CDBG-MIT Contract 22-085-009-D237 Project 13: W. Johnston Ave. Storm Water Improvements Project. (City Engineer). Mr. Mora stated that this is similar to the prior items. There was an error in the wage schedule for this project. This change order will correct the error with no additional funds needed. Motion made by Commissioner Alarcon to approve the resolution authorizing the Interim City Manager to execute Change Order No. 3 for the Construction Contract with R.S. Parker Construction, LLC for the GLO CDBG-MIT Contract 22-085-009-D237 Project 13: W. Johnston Ave. Storm Water Improvements Project, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Lopez voting "FOR". 19. Discuss and consider introduction of an ordinance amending the Fiscal Year 2024-2025 Budget to provide additional funding for South Creek and Golf Course Road lift stations. (repairs to wastewater lift stations for TCEQ compliance) (Public Works Director). Page 8 of 9 April 28, 2025 Mr. Bill Donnell, Public Works Director, stated that the request is for $33,795.00 for repairs needed at the South Creek lift station that was built in 1993 and for repairs at the Golf Course lift station which was built in 1994. Both oft these have concrete erosion to the gases and the sewer system. These improvements and repairs will need to be made due to a TCEQ inspection. Introduction item. 20. Consideration and approval of resolution authorizing the Interim City Manager to execute the Contract with PM Construction & Rehab LLC for Emergency Repair Cured-In-Place 18" CIPP on E. Corral Ave. for the Public Works, Wastewater Collections Division. (Public Works Director). Mr. Donnell stated that this 18" clay sewer line services the Northeast portion of Kingsville and crosses under US Highway 77, then continues to gravity feed sewer to the North Treatment Plant. Wastewater collection crews work to clean and remove debris from the line, but breaks and offsets continue to hinder the line from being successfully cleared to allow maximum flow. Financial impact, this will reduce the budget amendment reserve line account 001-5-7001-86000 balance by $56,714.00, decrease ARP Utility Fund balance by $44,786.00 and decrease Wastewater Collections Sewer line account by $5,235.00 and increase the Wastewater Collections Utility Plant by $106,735.00. Motion made by Commissioner Hinojosa to approve the resolution authorizing the Interim City Manager to execute the Contract with PM Construction & Rehab LLC for Emergency Repair Cured-In-Place 18" CIPP on E. Corral Ave. for the Public Works, Wastewater Collections Division, seconded by Commissioner Lopez and Commissioner Alarcon. The motion was passed and approved by the following vote: Alarcon, Hinojosa, Lopez voting "FOR". VI. Adjournment. There being no further business to come before the City Commission, the meeting was adjourned at 5:56 p.m. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, TRMC, City Secretary Page 9 of 9 - April 28, 2025 CONSENT AGENDA AGENDA ITEM #1 EVOT em -Kezond Planning and Development Services 410 W: King CITY Kingsville, TX 78363 PH: 361-595-8055 Kngsville 6 TE MEMO Date: April 17th, 2025 To: Charlie Sosa (Interim City Manager) From: Erik Spitzer (Director of Planning and Development Services) Subject: The City ofKingsville! Planning and Development Services Department is seeking approval from the City Commissioners and Mayor to re-zone the parcel ofland located at 3RD, Block 22, Lot 24- 27, (Famosa Tortilla Factory), also known as 620 E. Alice Ave., Kingsville, TX 78363 (Property ID 17385). Summary: Jose Flores and Jaime Flores, Applicants/Owners, approached the Planning Department on February 20th, 2025, requesting approval of re-zoning the parcel of land located at 620 E. Alice from R1 (Single Family. District) to C2 (Retail District) to support re-opening a tortilla factory that was open for - 50 years. The property has been vacant for 3 years and is located in the city's Historic District. Background: 620 E. Alice was recently purchased after remaining vacant for approximately 3 years. Iti is currently zoned R1 (Single Family District); adjacent parcels of land are currently zoned R1 (Single Family District). Parcels of land located 2-3 blocks away are zoned C1 (Neighborhood Service District), C2 (Retail District), C3 (Central Business District) and C4 (Commercial District). See attached zoning slides in the agenda packet. Discussion: In reading the attached "Land Use Regulation for Texas Cites," article dated February 11, 2016, located within the agenda packet, on page 2 the author of the article states, "Two pitfalls that cities must be careful to avoid in zoning are "spot zoning" and "contract zoning. 7 "Spot zoning" is the illegal practice of zoning a single tract of land in a manner that is incompatible with the surrounding area and in a manner that is incompatible with the city's zoning ordinance and comprehensive plan." 2 Of note, the city does not have a comprehensive plan; we have an outdated 2008 Master Plan; (we have recently contracted with Halff Associates to apply for a grant to produce a new comprehensive plan for the City of Kingsville as soon as possible). Within the 2008 Master Plan, the area in the vicinity of 620 E Alice was designated as an R1 = Single Family District, as well as the current city ordinances. Also within this article, the term, "nonconforming use" is discussed. "If property is previously rezoned for a specific use, and a zoning change occurs that negates the previous zoning, then the use of that property becomes a legal 9 nonconforming use. "A city may include a provision in its zoning ordinance that terminates non-conforming uses after a set period of time following the zoning change (e.g., 9 25 years) sO that the property owner has an opportunity to recoup his investment in the nonconforming use over the normal life-span ofthe non-conforming structure. 29 Within the City of Kingsville Ordinances found in your agenda packet, the City of Kingsville defines "Nonconforming status" as A nonconforming status shall exist under one ofthe following conditions: 1 (A) (1) When a use does not conform to the regulations prescribed in the district in which it is located, and was lawfully existing and operating prior to the adoption of this article, or any amendment thereto which creates nonconformity, and where there has been no discontinuance of the use for a period of time exceeding six months or; (2) When a structure does not conform to the regulation prescribed in the district in which it is located, and was lawfully existing and constructed prior to the adoption of this article, or any amendment thereto which creates nonconformity. (B) Maintenance permitted. A nonconforming building or structure may be maintained. (C) Repairs and alterations. Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use. (D). Additions, enlargements and moving. (1) A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner or removed to another location except as provided by subdivision (2) ofthis division hereof. (2) A building or structure occupied by a nonconforming use or a building or structure nonconforming as to height, area, or yard regulations may be added to or enlarged or moved to a new location on the lot upon a authorized by the Board of Adjustment, which may issue, provided that the Board of Adjustment, after hearing, permit shall find: (a) The addition to, enlargement of, or moving of the building will be in harmony with one or more of the purposes of this article as stated in $ 15-6-2 hereof, and shall be in keeping with the intent oft this article. (b) The proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure. (c) LOT shall mean that parcel of land owned at the time the use became nonconforming and upon which the use existed, whether defined in one or more legal descriptions provided that all legal descriptions are contiguous. (E) Alteration where parking insufficient. A building or structure lacking sufficient automobile parking in connection therewith as required by this article may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements ofthis article for such alteration or enlargement. space (F) Restoration of damaged buildings. A nonconforming building or structure or a building or structure occupied a use by nonconforming which is damaged or destroyed by fire, flood, wind, or other calamity or act of God or the be restored public enemy, may and the occupancy or use of such building, structure, or part thereof, which existing at the time of such damage or destruction may be continued or resumed, provided that such restoration is started within a of six months and is diligently prosecuted to completion and is not located in an overlay zone. period (G) Six month vacancy. A building or structure or portion thereof occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied by a nonconforming use for a continuous period of six months, except for dwellings, shall not thereafter be occupied except by a use which conforms to the use: regulations oft the zone in which it is located. (H) Continuation of use. The occupancy of a building or structure by a nonconforming use, existing at the time this Title became effective, may be continued. 2 (I) Occupation within six months. A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if sO occupied within a period of six months after the use became nonconforming. (J) Change of use. The nonconforming use of a building or structure may not be changed except to a conforming use, but where such change is made, the use shall not thereafter be changed back to a nonconforming use. (K) Nonconforming use ofl land. The nonconforming use ofland, existing at the time this article became effective, may be continued, provided that no such nonconforming use ofl land shall in any way be expanded or extended either on the same or adjoining property, and provided that if such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of six months or more, any future use of such land shall be in conformity with the provisions of this article. In reading the attached American Planning Association Texas Chapter, A Guide to Urban Planning in Texas Communities, 2013 article, "Chapter 4 Zoning Regulations in Texas, 7 "In 1987, the sections of Article 1011 were codified in Chapter 211 oft the Texas Local Government Code. Chapter 211 currently provides that the zoning regulatory power is "for the purpose of promoting the public health, safety, morals, or general welfare and protecting and and preserving places areas ofhistorical, cultural, or architectural importance and significance." In addition, "a violation of a zoning ordinance is a misdemeanor, punishable by fine, imprisonment, or both, as provided by the city." Moreover, "A party challenging the zoning ordinance must show that the ordinance is arbitrary or unreasonable because it bears no substantial relationship to the public health, safety, morals or general welfare." With respect to equal protection, "An equal protection challenge may be brought if an individual can demonstrate that the city treated the individual differently from other similarly situated individuals without any reasonable basis." Also, the article addresses spot zoning: "Some zoning changes may be challenged ifthe rezoning is deemed to be "Spot Zoning". Spot Zoning" is the process of singling out a small tract of land and treating it differently from similar surrounding land "without any showing ofjustifiable changes in conditions." In City of Pharr V. Tippitt, the Texas Supreme Court identified the following factors to be reviewed in determining whether ai rezoning is Spot Zoning: 1. Whether the City has disregarded the zoning ordinance or long-range master plans and maps that have been adopted by ordinance; 2. The nature and degree of an adverse impact on surrounding properties; i.e. is the change substantially inconsistent with surrounding properties; and, 3. Whether the use ofthe property as presently zoned is suitable or unsuitable; 4. Whether the rezoning ordinance bears a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas.' 99 Lastly, the City Attorney provided a memo on March 24th, 2025 that addresses this re-zone request. In the memo, the attorney states that C .the commercial use requested (Wholesale Bakery Use) is the same as the one that existed for at least fifty years at this location." The attorney also states C ..s0, if the same proposed use were to have a detrimental impact on the valuation of surrounding properties, then that impact would have already been done when the use It existed. is highly unlikely that there would be an adverse impact on neighboring land since the same use existed prior at the site for five decades.' 99 The attorney states "While times have changed during the last fifty years the factory operated at this site, the business' historical significance to the community should not be overlooked." The Planning and Zoning Commission meeting was held on April 16th, 2025, with 6 of7 members in attendance. 3 Members deliberated over the request to re-zone the parcel of land located at 620 E Alice from R1 (Single Family District) to C2 (Retail District) to support reopening a tortilla factory that was open for - 50 years. 25 Notice Letters were sent out to neighbors within the 200 feet buffer and the city has received no feedback as oftoday. The Planning and Zoning Commission board members voted to recommend approval of the re-zone of a parcel of land located at 620 E Alice from R1 (Single Family District) to C2 (Retail District) to support reopening a tortilla factory. A recorded vote of all members present was taken and board members Steve Zamora, Larry Garcia, Rev. Idotha Battle, Debbie Tiffee, Mike. Klepac and Krystal Emery all voted "YES." The meeting was adjourned at 7:10 p.m. The department recommends approval. Erik Spitzer Director of Planning and Development Services 4 CITY OF KINGSVILLE PLANNING AND ZONING DIVISION Kingsville MASTER LAND USE APPLICATION email: hsalis@aiypfinewvli.son / Phone (361) 595-8055 PROPERTY INFORMATION: (Please PRINToT TYPE) ProjedAddress, bjo E Alice Nearest Intersection 10st (Proposed) Subdivision Naie. Lot 34:27 Block 22 Legal Description, 3pd Block 32, Lot. 24:27 (famoss Torliile Pachay Existing Zoning Designation 21 Future Land Use Plan Designation, C-2 OWNER/APPLICANT INFORMATION: (Pléase PRINT or TYPE) Applicant/Authorzed Agent sose and Line Flanes Phone, 361 - 21S - 9449 Email Address (for project correspondericè only): Mailing Address. 427. t Avé A City kingsuille State. TP Zip_ 28363 Property Owner Jaime Flores Phone 361-215-9449 FAX Email Address (for project correspondènce only): Mailing. Address 4a LS. Ase A City. isgslle State Zp78343 Select appropriate. processfor which approval is sought. Attach. compléted checklistsy with this application. Annéxâtion Request No Fee PreliminaryPlat, Fee Varies Administrative. Appeal (ZBA). $250.00 Final Plat. Fee Varies Comp. Plan Améndmênt Réquest. $250.00 Minor Plat $100.00 Re-zoning Requést. $250 Re-plat $250.00 SUP Request/Renewal $250 Vacating Plat $50.00 Zoning Variance Request (ZBA). $250 Development Plat $100.00 PUD Request $250 Subdivision Variarice Reguest. $25.00 ea Please provide a basic descrjption of thep proposed project: WJould er do open Famosa Trflls - Retory but:s Zoned - The Buildiss bsas vsed aIolLM fop Pacbly MAsA sRals ReloNE - onh to CZ Ihereby cèrtify that! am the owner and lor duly authorized agent oft the owner fort the purposés of this application. further certify thatihave read and èxamined this àpplication and know the same to bé true and correct. Ifany of the information provided on this application is incorréct the permit or approval may be revoked. C - - Applicant's! Signature Date: Zo EEB 2025 Property Owner's sifniture Date: Accepted by: Date: 26 FEB 2025 This foim àvailable on our wébsite: pAA Lastrevised 10. Jun 2024 44. 2/20/25, 4:01 PM Kleberg CAD Properly Search Kleberg CAD Property Search Property Dètails Accouint Properly ID: 17385 Geographic ID: 100502224000192 Type: R Zoning: R1 Property Use: Location Situs Address: 620EALICE Map ID: C1 Mapsco: Legal Description: 3AD,BLOCK22, LOT 24-27, (FAMOSA TORTILLA FACTORY) AbstractSubdivision: S005 Neighborhood: Owner Owner ID: 15566 Name: LAI FAMOSA DRC INC Agent: Mailing Address: 620 E ALIÇE AVE KINGSVILLE, TX 78363-4637 % Ownership: 100,0% Exemptions: For privacy reasons not all exemptions are shown online. Property Values Improvement Homesite Value: $0 (+) Improvement Non-Homesite Value: $127,130 (+) Land. Homesite Value: $0 (+) Land Non-Homesite Value: $15,000 (+) Agricultural Market Valuation: $0 (+) Market Value: $142,130 (-) Agricultural Value Loss:e $0 () Appraised Value: $142,130 (=) HS Cap Loss: e $0 () Circuit Breaker: e $0() apSSAORwATAEaeaNN 1/5 45. uCI weIy ur mupeny pearun Assessed Value: $142,130 Ag Use Value: $0 Information provided for résearch purposes only. Legal descriptionis and acreage amounts are for Appraisai District use only and should. bé vérified prior to using for legal purpose and or documents. Please contact the Appraisal District to verify àll: information for accuracy. Property Taxing Jurisdiction Owner: LA. FAMOSA DRC INC %0wnership: 100.0% Entity Description Tax Rate Market Value Taxable Value Estimated Tax GKL KLEBERG COUNTY 0.771870 $142,130 $142,130 $1,097,06 CKI CITY OF KINGSVILLE 0.770000 $142,130 $142,130 $1,094.40 SKI KINGSVILLE LS.D. 1.410400 $142,130 $142,130 $2,004.60 WST SOUTH TEXAS WATER. AUTHORITY 0.065695 $142,130 $142,130 $93.37 CAD KLEBERG. COUNTY APPRAISAL DISTRICT 0.000000 $142,130 $142,130 $0.00 Total Tax Rate: 3.017965 Estimated Taxes With Exemptions: $4,289.43 Estimâted Taxes Without Exemptions: $4,289.43 tpsleseareh.ebergeagandeyhepevATa857pinview-detsl 2/5 46. 2/20/25, 4:01. PM Kiebérg CAD Property Search Property Improvement - Building Type: COMMERCIAL Living Area: 520,0 sqft Value: $22,380 Type Description Class CD Year Built SQFT MA MAIN AREA RS2A 1970 520 OP1 OPEN. PORCH BASIC (20%) 1970 120 CON GONCRETE SLAB COMMERCIAL 1970 3554 Type: COMMERCIAL Living Aréa: 3480.0 sqft Value: $104,750 Type Description Class CD Year Built SQFT MA MAIN: AREA IN2A 1970 3480 Property Land Type Description Acreage Sqft Eff Front Eff Depth Market Value Prod. Value F1 F1 0.32 14,000.00 100:00 140.00 $15,000 $0 aNMpAaPwwATAasisaN 3/5 47. reoerg. AD rropeny searcn Property Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Loss Assessed 2024 $127,130 $15,000 $0 $142,130 $0 $142,130 2023 $129,330 $15,000 $0 $144,330 $0 $144,330 2022 $113,590 $7,000 $0 $120,590 $0 $120,590 2021 $121,540 $7,000 $0 $128,540 $0 $128,540 2020 $52,010 $7,000 $0 $59,010 $0 $59,010 2019 $59,460 $7,000 $0 $66,460 $0 $66,460 2018 $61,500 $7,000 $0 $68,500 $0 $68,500 2017 $56,110 $7,000 $0 $63,110 $0 $63,110 2016 $54,510 $7,000 $0 $61,510 $0 $61,510 pslesaarh.eberyapadaypavei/735prinvewrdetal 4/5 48. WRITTEN CONSENTTO USE OF SIMILARI ENTITY NAME of LAFAMOSA DRC, INC. sTexas cotporation This written consenti is made and tenderedins accordance with 1 Texas. Administrative Code 79.42 to provide unequivocal consent to. Jose L. Flores zod/or) Jaime. Antonio Flores, or either oft them, their agents, and assigns, the tight to use the name "LA FAMOSA DRC" in the creation of any other entiry authorized by the laws ofany palifical subdivision oft the United States, including but not limited to the * creation of theiry planned limited liability company to be cteated under the. laws oft the State ofTexas OE INWITNESS WHEREOF,ther undersigned officer: authotized by the Companyin accordance with 2 unanimous resolution of all shareholders of the Company, exeçutes chis writren consent in the presence to be effective immediately. Aau Rodal Maria Torres, its Vice President STATE OF TEXAS S - COUNTY OF. Se bs a A S Thisi instrumentwas: acknowledged! before me on onusg 17 2025, by Rosal Maria Flores, Vice. President ofla Famosa DRC, LLC, a Texas corporation, on behalf ofs said corporation. ANTONIO R ARREDONDO NotaryPublic, State at Texas Notary Public, State ofTexas Comm. Expires 05-10-2026 My commission expires: slio!z Natary ID 131562673 49. Corporations Section Jane Nelson P.O.Box 13697 Austin, Texas 78711-3697 Secrelary of State Office of the Secretary of State CERTIFICATE OF FILING OF La Famosa DRC, LLC File Number: 805863291 The undersigned, as Secretary of State ofTexas, hereby certifies that a Certificate of Formation for the above named Domestic Limited Liability Company (LLC) has been received in this office and has been found to conform to the applicable provisions oflaw. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, herebyi issues this certifiçate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the. Assumed Business or Profèssionall Name Act, or the common law. Dated: 01/17/2025 Effective: 01/17/2025 ANE Op E alan Jane Nelson Secretary of State Come visit us on the internet at ps-hmmsosteasgow Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Stacey Ybarra TID: 10306 Document: 1444252440002 50. AEMEM, . re FivE Kingsyue, X Code of Ordinances APPENDIX. A. - LAND USE CATEGORIES chart Sa sete utthe a e use Special Feview required PRRAEESSNSN L [Land Use Chart on the following pages] Land Use Chart Land Use R1 R2 R2A R3 R4 MH C1 C2 C3 C4 11 12 Ag Description Dwelling, one-family P P P P P P P P P det. Dwelling, one-family P P P P S P P att. Dwelling, two-family P P P S P Dwelling, multi- P P P P P family Tiny Homes P P P 51. aboutblank 1/21 - Bakery P P P confectionery shop, rétail salès (less than 2,500 square feet) akery - wnclesale P P Brewpub P S P P P Building materials S P P S sales - E. - Gafeterla or restaurant Camera shop S P P P Laundry or self- S P P P service laundry shop (limited area) Clinic, mediçal, S P P P P dental, chiropractor, optometrist or other office of licensed Health related profession Drug store or P P P P pharmacy aboutblank 11/21 52. Land Use Regulation for Texas Cities By Brad Young' Bickerstaff. Heath Delgado. Acosta LLP February 11, 2016 I. Zoning A. city's zoning authority is governed by chaptér 211 of the Texas Local Government Code. Under the Code, à muniçipality may adopt zoning regulations for "the purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architéctural significance. 92 Thei muneipality mayalso amend, repealor otherwise changekisingzonns: regulations? OL boundaries 3 A. What goes into a zoning ordinance? A city's zoning ordinance will contain the city's preferences for use. of land in all areas within thercity limits. Chapter 211 of the Local Govérnment Code requires all cities to adopt their zoning regulations in accordance with a Comprehensive Plan.* The comprehensive plan is a docnment that sets forth the city's vision for land use in the. future. Most cities adopt theit comprehensivé plan after receiving input from various. citizens' groups and other stakeholders. facity Wantsto amends zong ordmance a way that contlicts with the comprehensive plan, the CILy must *AeLN beforeito can-amend itszoning ordinance. Itis prudent for a city to review and update its comprehensive plan periodically. Most zoning ordinançes contain the same basic elements: (1) genera) definitions; (2) land use definitions; (3) land use districts; (4) administrative provisioris; (5) dévelopment standards; and penalty. and enforcemènt provisions. Cities. have a fair amount of discretion in determining what Jand uses they wish to allow in various districts, For example, most citiès do not allow industrial uses to Iocate in à single-family residential district, or a truck stop to locate in a district that is reserved: forl hospital and medical uses. Some çities allow for special districts (often calléd "Plannèd Dévelopment Districts") that provide even greater flexibility for land use than is available in a normal zoning district, For example, à planned development district may provide 1] Brad Young is a partier with Bickerstaff Heath Delgado Acosta LLP. He provides litigâtion and géneral counsel services toi cities in land use, operi goveriment, employment, constitutional rights, and general civil matters. He represents clients before state, federal and municipal courts. Brad receivéd his.J.D. from the Univérsity ofTexas Schoal of) Law in 2000 andi his B.A. from Lyon College (Batesville, Arkansas) in 1997. His contact inforation is Brad Young, BickerstaffHeath: Delgado Acosta LLP,3711 S.1 MoPac Expressway, Building One, Suite 300, Austin, Texas 78746, (512) 472-8021, (512),320-56381 FAX, buoum@hickertaficon 2 TEX. Loc. GOV'TCODE $ 211.001. 3 Id. at S 211.002. 4. Id. at $211.004. 02016. BickerstaffHeath Delgado. Acosta LLP 53. for a mix of residential, retail, and profèssional officè- uses. on terms and conditions that thé city includes in thej planned dèvelopment district ordinance. ESN m-zoningare spotzoning and Hcontract zonng Spotzening helegprictice frommpasnge tractofland mamanner thatis ncompatblewitit thesumputimgara and mamanner thatIs ncompatible with the cIys zonig BPECTNE plans Contract zoning" is an illegal agreerent bétween the çity and a property owner to adopt à cértain zoning classification in exchange for certain promises by the propèrty owner. Because contract zoning ysurps the çity çouncil's legislative function, the coumcil carinotx enter into such a contract. B. Planning and. Zoning Commission Most çitiès that have a zoning ordinance also have a Planning and Zoning Commission. 5 The commission is an advisory body appointed by the city: council that advisés thé council on requésts for chângès to the zoning ordinancè. property OWICE artectycouncl: tsown mitauives Generall y arequest forrezonng willmvolver the clssircationofag certaintrctof property (s a réquest torezonet DPiyonnA residential Ltoretall) But the commission also reviews and advises the council on réquésts for charges to Zoning regulations (e.g., the creation ofai new type ofzoning district op an àmendment to thel land use definitions. in thé zoning ordinancé). Ifa a city has a Planning and Zoning Commission, the city çouncil generally çannot make changes to fhe zoning ordinanice without first. seeking the rèview and recoimmendation of the commission. C. Procedural Requirements Prior to making arezoning a decision, the city council cOnsiders theyctommendations of cityslatlandthe planing and zoning commission (fthere isone), In addition, section 211.006 of the Texas Local Government Code requires the city to publish advance notice in the newspapér, mail notice to surrounding property owners, and hold a public hearing at which "parties in interést and citizens" have an. opportunity to be heard. In some çases, the reçeipt- of written protests by interestèd landowners will require the council to apprové the charge by more thari à simple majority in order for the zoning change to become effective. If'the owners of land of at least twenty percent of either: (1) the area of the lots or land covéred by the proposéd zoning change; or (2) the area of the Iots or land immediately adjoining the area covered by the proposed change and extending 200: feet from that area file à protèst, then the council must approvè the rèzoning by an affirmative vote of at least three-fourths of all members of the governing body. The protest must be in writing and signed by the property owners. Note that the area of streets and alleys is included in determining whether thè protestors have met the twenty percent threshold.6 5. Id. at 82 211.007. 6 Id. at $211.006. 02 2016 BickerstaffHeath Delgado Acosta LLP 2 54. omately however, the counclhas discrction asalegislativel bbIRdRUR Ofwhcthertoreot Once the council has denied a tézoning appliçation, it is çommon for the zoning ordinance to impose a waiting period of one year or more before: an applicant can file a nèw Zoning àpplication with the city for the same parçel of land. Depending on the ordinance, however, the couneil may haye specific authority to waive the waiting period. D, Zoning Board of Adjustment A city'sordinances also may provide for the creation ofa Zoning Board of Adjustment. 7 Liké thé Planning and Zoning Commission, the Board of Adjustment consists of members appointed by the city council. Unlike the commission, the Board of Adjustment does-not make recommendations to the. city council. Instead, the Board acts as a quasi-judicial body. Génerally, the Board has authority over two main types of decisions: (1) whether to grant a variance from the city's zoning regulations; and (2) consideration of appeals from decisions of city administrativé offiçials. Appeals from decisions ofthé Board of Adjustment do not go. to the city council; they go directly to the district court.s Wheri considering whethèr to grant a variance, the Board must make specific findings regarding the request, including: (I) that the variance is not contrary to the. public interèst; (2). whether due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship to the property owner; and (3) whether by granting the variance spirit of the ordinance will be observed ànd substantial justicè will be dorie. Note that "unnecèssàry hardship" does not include a hardship created. by the property owner. Further, the hardship must be uniqueto the property. Finally, thé Board cannot grant a variance that would allow à land tise otherwisé prohibited by the zoning ordinance. Typical variances include items like additions or reductions to height, squarè footage, or setback requirements. But-thé Board could not for éxample, approve a variance" that would allow commercial use in azoning district Zoned exclusivelyfor residentialuses Section 211.010 of thé Texas Local Government Code also provides the exclusive procedure for a plaintiff to appeal a decision of a city administrative official: (a) [A]ny of the following may appeal to the board of adjustment a décision made by an administrative official: (I) aj person aggrievéd by thé decision; or (2) any officèr, department, board, or bureau of the municipality affected by the decision. 7, Id. at $8 211.008 = 211.011. 8. Id. at SS 211.011. 02016E BickerstaffHeath. Delgado Acosta. LLP 3 55. (b) The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as determined by the rules of the board...9 This administrative process is the sole procedure through which the district court may obtain jurisdiction to review the decision of an administrative official. "With regard to a complaint of a Void permit issued under a valid ordinance a party aggrieved by his decision must exhaust his administrative remedy by appealing to the Board of Adjustment before he sue in a court for redress. w10 A suit not brought pursuant to the statutory provisions of sections may 211.010 and 211.011 of the Texas Local Government Code is an impermissible collateral attack on the administrative official's decision. I1 When a party has failed to exhaust his or her administrative remedies, the trial court lacks subject matter jurisdiction over the appeal. 12 E. Moratorium on Continued Development AI moratorium is a tool that permits a city to give itself some "breathing room" to review and update its land use regulations. The Texas Supreme Court has held that a moratorium does not constitute a taking per se under the Texas Constitution. 13 Out of an apparent concern that cities were overreaching in their use of moratoria, however, the Texas Legislature has heavily regulated the use ofmoratoria under Chapter 212 oft the Texas Local Government Code. For example, the Legislature has imposed fairly stringent notice and hearing requirements on cities that seek to impose moratoria on development. Before the city can impose a moratorium on property development, it must conduct a public hearing that provides municipal residents and affected parties the opportunity to be heard. The city must publish notice of the hearing in a newspaper of general circulation on the fourth day before the date of the hearing. Beginning on the fifth day after the city publishes notice, a temporary moratorium will automatically take effect. During the period of the temporary moratorium, the city may stop accepting permits, authorizations, and approvals necessary for the subdivision of, site planning of, or construction on real property to which the moratorium applies. 14 9 Id. at $211.010 (a), (b) (emphasis added). 10 Cily of Dallas V. Gaechter, 524 $.W.2d 400, 405 (Tex.Civ.App. -Dallas 1975, writ dism'd). 11 City ofSan, Antonio V. EI Dorado. Amsement Co., 195 S.W.3d 238, 250 (Tex. App. San Antonio 2006, pet. denied); see aiso Horton V. City ofSmithville, No. 03-07-00174-CV, 2008 WL 204160, at *4 (Tex.App.-Austin Jan. 25, 2008, pet. denied) (mem. op.) ("Texas Local Government Code sections 211,009 and 211.110 provide administrative remedies that must be exhausted before such matters may be brought to the courts for determination."). 12 EI Dorado. Amusement Co., 195 S.W.3d at 250. 13 Shefield. Dev. Co. V. Cily ofGlem Heights, I40: S.W.3d 660, 679-80 (Tex. 2004). 147 TEX. Loc. GOV'TCODE $ 212.134(a)-(c). o: 2016) Bickerstaff Heath Delgado. Acostal LLP 4 56. If the city has a planning and zoning commission, the city must hold a second public hearing before the commission. If the city does not have a planning and zoning commission, then the city must hold two hearings before the city council. The city must make a final determination of whether to impose the moratorium within twelve days after the date of the public hearing. In addition, the council must give at least two readings of the ordinance adopting the moratorium, separated by at least four days, before the ordinance can take effect. 15 Other requirements for imposing a moratorium can be found in sections 212.131 - 212.139 oft the Texas Local Government Code. m. Subdivision An additional source of a city's land use regulations is through the city's subdivision ordinance. 16 The subdivision of land is the first step in the process of development. The distribution and relationship of residential, nonresidential and agricultural uses throughout the community, along with the system of improvements for thoroughfares, utilities, public facilities and community amenities, determine, in large measure, the quality of life enjoyed by the residents of the community. Health, safety, economy, amenities, environmental sensitivity, and convenience are all factors that influence and determine a community's quality of life and overall character. A community's quality of life is of the public interest. Consequently, the subdivision of land, as it affects a community's quality of life, is an activity where regulation is a valid function of municipal government. Subdivision regulations are intended to encourage the development of a quality municipal environment by establishing standards for the provision of adequate light, air, open space, storm water drainage, transportation, public utilities and facilities, and other needs necessary for ensuring the creation and continuance of a healthy, attractive, safe and efficient community that provides for the conservation, enhancement and protection of its human and natural resources. Unlike zoning, which only applies within the city's corporate limits, cities have the authority to extend their subdivision regulations by ordinance to include their extraterritorial jurisdictions (ETIs).7 In fact, with certain exceptions, state law requires an owner of a tract of land located in the city limits or extraterritorial jurisdiction (ETJ) ofa city to file and record a plat any time the property owner subdivides the tract into two or more parcels. 18 A property owner must file the plat with the city for review and approval. Ifthe city has a planning and zoning commission, then the commission generally is the body that has the authority to review and approve plats. However, the city may provide by ordinance that the city 151 Id. at $ 212.134(d)-(f). 16 Id.: at $212.001, et seg. 17 Id. at $: 212,003. I8 Id at $ 212.004. @: 20161 BickerstaffHeath Delgado Acosta LLP 5 57. council must approve plats in addition to the commission. 19 Note that the of the commission and/or the city council to review and approve plats is virtually ministerial authority = section 212.005 provides that the reviewing body "must approve a plat or replat . * that satisfies all applicable regulations.' " Further, aj plat is considered approved of the city does not act on the plat within thirty days after the plat is filed (or up to an additional thirty days if the ordinance additional review and approval by the city council).20 requires A city's real land use authority relating to subdivisions arises not in the procedures, but in the text of the city's subdivision ordinance. A typical subdivision ordinance will include: (I) definitions; (2) design standards; (3) requirements for public sites and open spaces; (4) improvements required prior to acceptance by the city; (5) procedures for filing; and enforcement and penalties. The subdivision ordinance may require proper zoning prior (6) to approval of a plat. The ordinance also may divide the platting process into multiple steps. For example, the ordinance may first require approval of a less detailed, preliminary plat before the applicant can submit a final plat that the applicant ultimately will file with the county following city approval. Generally, the ordinance will require that all subdivision plats be prepared and sealed by a professional and licensed engineer. Ifa subdivision plat includes multiple properties, the developer may include (and the city may require) streets, parks, sidewalks, utility rights-of-way, and other public facilities that the developer intends to dedicate to the city. Once the city açcepts the dedication, the city then accepts responsibility for maintaining such public facilities. Butjust because a city has approved a plat that includes public facilities does not mean that the city automatically becomes responsible for all of the parks, roads and other facilities included on the plat. A dedication of public facilities does not become official until the city council formally accepts the dedication. m. Annexation A third method that cities use to control future growth and land use is targeted annexation. The procedures and requirements for annexation are found in Chapter 43 of the Texas Government Code. Because annexation will be addressed separately in this seminar, this paper does not include a detailed discussion of the annexation process. IV. Development Agreements (ETJ) Section 212.172 of the Texas Local Government Code gives cities the ability to contract with landowners in the city's ETJ. The statute gives the parties broad discretion to determine the terms oft the agreement, including the right to provide for terms regarding annexation: The governing body of a municipality may make a written contract with an owner of land that is located in the extraterritorial jurisdiction of the municipality to: 19 Id. at $212.006. 20 Id, at $212.009. 2016 Bickerstaff! Heath Delgado Acosta LLP 6 58. (1) guarantee the continuation of the extraterritorial status of the land and its immunity from annexation by the municipality for a period not to exceed 15; years; (2) extend the municipality's planning authority over the land by providing for a development; plan to be prepared by the landowner and approved by the municipality under which certain general uses and development of the land are authorized; (3) authorize enforcement by the municipality of certain municipal land use and development regulations in the same manner the regulations are enforced within the municipality's boundaries; (4) authorize enforcement by the municipality of land use and development regulations other than those that apply within the municipality's boundaries, as may be agreed to by the landowner and the municipality; (5) provide for infrastructure for the land, including: (A). streets and roads; (B) street and road drainage; (C) land drainage; (D) water, wastewater, and other utility systems; (6) authorize enforcement ofenvironmental regulations; (7) provide for the annexation of the land as a whole or in parts and to provide for the terms of annexation, if annexation is agreed to by the parties; (8) specify the uses and development of the land before and after annexation, if annexation is agreed to by the parties; or (9) include other lawful terms and considerations the parties consider appropriate.? 21 Id. at $: 212.172, ) 20161 BickerstaffHeath Delgado. Acosta LLP 7 59. A municipality may not require an agreement under this statute as a condition for providing water, sewer, electricity, gas, or other utility service from a municipally owned or municipally operated utility that provides any of those services.?2 An ETJ Development Agreement must be in writing, contain an adequate legal description of the subject territory, be approved by both the city and the landowner, and be recorded in the real property records of all the counties in which the territory is located. To some extent, the powers that the Legislature granted municipalities under section 212.171 mirror those in effect prior to 2003 under section 42.044 of the Local Government Code (Creation of Industrial District in Extraterritorial Jurisdiction). Pursuant to section 42.044, a municipality may enter into an annéxation agreement through which the municipality agrees not to annex business property in a designated industrial district for a period up to fifteen (15) years. The term "industrial district" is defined to include its ordinary meaning in addition to any area where tourist-related businesses and facilities are located.23 Although similar, section 42.044 is more restrictive than section 212.174. In addition to providing a wider menu of contract term options, section 212.171 does not require cities to designate an industrial district prior to entering into an agreement. V. Other Land Use Authority Cities have other sources of land use authority sprinkled throughout the Texas statutes. This section briefly addresses three: (1) alcohol regulation; (2) regulation of sexually oriented businesses; and (3) tax increment financing. A. Alcohol Regulation Section 1.06 of the Texas Alcoholic Beverage Code (TABC) generally preempts local legislation of alcoholic beverages: "Unless otherwise specifically provided by the terms of this code the manufacture, sale, distribution, transportation, and possession of alcoholic beverages shall be governed exclusively by the provisions of this code.' 124 Similarly, section 109.57(b) of the Code provides: "It is the intent of the legislature that this code shall exclusively govern the regulation of alcoholic beverages in this state, and that except as permitted by this code, a governmental entity of this state may not discriminate against a business holding a license or permit under this code.' 25 In Dallas Merchant's & Concessionaire's Ass'n V. City of Dallas, 852 S.W.2d 489, 491- 92 (Tex. 1993), the Texas Supreme Court held, "The Legislature's intent is clearly expréssed in 22 Id. at $ 212.174. 23 Id, at S 42.044. 24 TEX. ALCO. BEV. CODE $ 1.06. 25 Id. at $ 109.57(b). ) 20161 BickerstaffHeath Delgado Acosta LLP 8 60. section 109.57(b) of the TABC - the regulation of alcoholic beverages is exclusively governed by the provisions of the TABC unless otherwise provided." The Attomey General has interpreted this language broadly, concluding that "to the extent that [an] ordinance purports generally to regulate the sale of all alcoholiç beverages of whatever kind, it is preempted by section 109.57(b) of the Alcoholic Beverages Code.' "26 The Code does provide a "grandfathering" exception, however, for certain municipal ordinances that were in effect before June 11, 1987: Neither this section nor Section 1.06 of this code affects the validity or invalidity of a zoning regulation that was formally enacted before June 11, 1987, and that is otherwise valid, or any amendment to such a regulation enacted after June I1, 1987, ifthe amendment lessens the restrictions on the licensee or permittee or does not impose additional restrictions on the licensee or permittee. For purposes of this subsection, "zoning regulations" means any charter provision, rule, regulation, or other enactment governing the location and use of buildings, other structures, and land.27 There is an additional exception from state preemption of local regulation of alcoholic beverages for local regulations that affect business that serve or sell alçohol in the same way that such regulations affect businesses that do not serve and sell alcohol. For example, the Supreme Court has indicated that an ordinance requiring all businesses with the same kind of premises to have a fire extinguisher would not violate section 109.57 of the TABC, but an ordinance that required alcohol-related businesses to have two fire extinguishers but only required all other businesses with the same kind of premises to have one would violate the statute.3 Similarly, an ordinance banning the sale of all beverages in glass containers would be permissible, but an ordinance that only banned the sale of alcoholic beverages in glass containers would not.9 In addition, the Code provides two separate statutes through which a municipality may extend the hours of operation for the holders of a mixed beverage permit and a retail dealer's license (ie, beer license) respectively. A city that has a population of less than 800,000, according to the last preceding federal census, or less than 500,000, according to the 22nd Decennial Census, may adopt an ordinance extending the hours for the sale of mixed beverages to 2:00 a.m. on any day.>0 Similarly, a city that has a population ofless than 800,000, according to the last preceding federal census, or less than 500,000, according to the 22nd Decennial 26 Op. Tex, Atty Gen. No. GA-0110, at 2 (2003). 27 TEX.. ALco. BEV. CODE $ 109.57(c). 28 Dallas Merchant's, 852 S.W.2d at 492 n.5. 29 Op. Tex. Att'y Gen. No. GA-0110 at 4 (2003). 30 Id. at $ 105.03. 02 20161 Bickerstaffi Heath Delgado Acosta. LLP 9 61. Census, may adopt an ordinance extending the hours for the sale of beer to 2:00 a.m. on any day "or any part of[such] extended hours.' 31 Section 109.33 of the Code permits cities to prohibit the sale any alcoholic beverage within 300 feet of a church, public or private school, or public hospital. A city by charter or ordinance may prohibit the sale of beer in a residential area,2 and a home rule city by charter may prohibit the sale of liquor in a residential area.33 Finally, a city can regulate the location of: (I) a massage parlor, nude modeling studio, or other sexually oriented business; or (2) an establishment that derives 75 percent or more of the establishment's gross revenue from the on- premise sale of alcoholic beverages.. 34 B. Sexually Oriented Businesses Because the courts have determined that sexually oriented businesses engage in protected speech under the First Amendment of the United States Constitution, a city cannot outlaw sexually oriented businesses entirely. Nevertheless, cities have authority to regulate the location and operation of sexually oriented businesses, including, but not limited to, strip clubs, video arcades, and retailers that earn a large portion of their profits from the sale of pornography and related items. One sourçe of such authority is Chapter 243 of the Texas Local Government Code. Among other powers, that chapter authorizes a city to: (1) restrict the location of sexually oriented businesses,3s (2) prohibit sexually oriented businesses within a certain distance of a school, regular place of religious worship, residential neighborhood, or other specified land use the governing body of the municipality or county finds to be inconsistent with the operation of a sexually oriented business,36 (3) regulate the density of sexually oriented businesses,37 and (4) require that an owner or operator of a sexually oriented business obtain a license or other or permit renew a license or other permit on a periodic basis for the operation of a sexually oriented business.38 Many cities have included regulations in their ordinances designed to address the "secondary effects" of such businesses on the areas in which they are located - e.g-, higher crime and loss of property value. A good sexually oriented business ordinance should include detailed legislative findings that cite published studies to support the premise that the regulation of such businesses is reasonable and necessary to control the secondary effects that such businesses 31 Id. at $ 105.05. 32 Id. at $109,32. 33 ld. at $I09.31. 34 Id. at $109.57(c). 35 TEX. Loc. Gov'T CODE $ 243.006(aXI). 36 Id. at $ 243.006(a)(2). 37 Id. at $ 243.006(b). 38 Id. at $: 243.007. o 2016 BickerstaffHeathi Delgado. Acosta LLP 10 62. bring. In Encore Videos, Inc. V. City of San. Antonio, 330 F.3d 288 (5th Cir. 2003), the Fifth Circuit held that the studies that Texas cities traditionally had cited to support their secondary effects regulations did not apply to retail-only sexually oriented businesses. In response to Encore, the Texas City Attorneys Association and a number of Texas Cities commissioned an off-site secondary effects study, Survey of Texas Appraisers: Secondary Efects of Sexually- Oriented Businesses on Market Values and Crime-Related. Secondary Efects: Secondary Effects of "OffSite" Serualy-Oriented Businesses, which is available for download at hp.hmyinusiv-omenaoghalkinsoBiam, Tax Increment Financing (TIF) Zone AT Tax Increment Financing (TIF). Agreement permits a municipality to designate a "TIF" zone (a.k.a reinvestment zone) to fund projects within the zone through additional tax dollars generated by growth of real property value in the zone. 39 To be designated as a reinvestment zone under the TIF statute, an area must meet the following criteria: (1) substantially arrest or impair the sound growth of the municipality creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use because of the presence of: (A) a substantial number of substandard, slum, deteriorated, or deteriorating structures; (B) the predominance of defective or inadequate sidewalks or streets; (C) faulty size, adequacy, accessibility, or usefulness of lots; (D) unsanitary or unsafe conditions; (E) the deterioration of site or otheri improvements; (F) tax or special assessment delinquency exceeding the fair market value of the land; (G) defective or unusual conditions of title; (H) conditions that endanger life or property by fire or other cause; or (I) any combination of these factors; 39 TEX. TAXCODE $S 311.001 et seq. e: 20161 BickerstaffHeath: Delgado Acosta LLP II 63. (2) be predominantly open and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impair OE arrest the sound growth of the municipality; or (3) be in a federally assisted new community located in a home- rule municipality or in an area immediately adjacent to a federally assisted new community located in a home-rule municipality; or. . (4) be an area described in a petition requesting that the area be designated as a reinvestment zone, if the petition is submitted to the governing body of the municipality by the owners of property constituting at least 50 percent of the appraised value of the property in the area according to the most recent certified appraisal roll for the county in which the area is located. 40 The Attorney General has determined that an area designated for TIF treatment must be "unproductive, underdeveloped or blighted" w/in the meaning of article VIII, section 1-g(b) of the Texas Constitution.* VI. Vested Rights Vested rights" refer to a property owner's right to use the owner's property in a certain manner based on the regulations in place at a particular time, which is usually the date on which the property owner first received approval from the city for such use. A property owner has no vested right in a particular zoning category or restriction.2 Similarly, a neighboring property owner cannot enforce previous zoning requirements against future construction. 43 Therefore, if the city were to eliminate a building setback requirement, for example, neighboring property owners who were subject to the setback requirement when they built their homes would not have legal standing to enforce the setback against future builders. 44 40 Id. at $311.005(a). 41 Op. Tex. Atty Gen. No. JC-0152 (1999). 42 Williamson. Pointe Venture V. CityofAustin, 912 S.W.2d 340, 343 (Tex. App. Austin 1995, no writ). 43 11 KENNETH! H. YOUNG, ANDERSON's AMERICAN LAW OF ZONING S 4:28 (44 ed. 2003). 44 See Nusbaum V. City ofNorfolk, 145 S.E. 257, 259 (Va. 1928). 0 2016 BickerstaffHeath Delgado Acosta LLP 12 64. A. Nonconforming use Wheré a property owner is already using à particular tract of land in accordance with current zoning regulations, a change in zoning will not immediately affect that property. A municipalify; may not make the restrictions in its zonig Ordinance fetroactive4s Ifp propertys prevoIUZancdfos RCUaIdoE change accurs thatnegatest hepreyiszonng E A nonconforming use is a use that exists legally when a new Zoning restriction bècomes effectiveand. that continuès to exist. 46 ABEPIR itszoning TRTESCANE asetl perod of1 time-tolowipthe Zonng change g Siyears) otaheporers ownerhas an 47 -EEEST of BProisuERRA As à general rule, mère preparation for use of propèrty before adoption of a zoning change. is not enough to establish à nonçonforming use. Noté, however, that a change in zoning that uhreasonably festricts development may result in à taking under the Texas Constifution. In Sheffield Dey. Co., Inc, V Cily of Glenn Heights,9 for example, the Texas Supreme Court. held that a city's decision to down zone" the arèa of a proposed subdivision from 6,500 squaré foot. Iots to 12,000 square-foot lots did not ueasonably interfere with the property owner's investment-backed expectations for development of the property. Howéver, the Court left open the possibilify that undér different facts, à city's decision to down zone could rise to the level of an unconstitutional taking of private property. B. Chapter 245 of the Texas Local Government Code: ("Vested Rights Statute") The legislatute originally enacted Chapter 245 of the Texas Local Goverment Code, "Issiiance. of Local Permits, a to. protéct property owners from changes in local regulations that oçcurrèd after the property owner had already begun dévelopment on his or her property. Now known as the "vested rights" or entitlement statute, the statufe hàs become à sword for devèlopers and a burden on citiès that seek to control growth and development within their jurisdictions. The Texas. Legislature enacted the vesting provisions under Chapter 245 of the Texas Local Government Code to require that "each pemmit in a seriès rèquirèd for a development project be subject to only-the regulations in effect at the time of thé application for the. project's 45 City afCorpus Christi V Allen, 254 S.W.2d. 759,761 (Tex. 1953). 46 Cily afUiv. Park V. Benners, 485 S.W.2d 773, 777 (Tex. 1972). 47 Murmur Corp. V. Bd afAdjustment ofCity of Dallas, 718 $,W.2d 790, 798 (Tex. App. - Dallas. 1986, writr ref'd nr.e.), 48 City dfPharry, Pena, 853 S.W2d 56, 64: (Tex. App. Corpus Christi 1993, writ denied). 49 140 $.W.3d,660 (Tex. 2004). 02 2016 BickérstaffHeath: Delgado Acostal LLP 13 65. first permit, and not any intervening regulations. n50 Chapter 245 defines "project" as "an endeavor over which a regulatory agency exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor. 151 The statute defines "permit" as "a license, certificate, approval, registration, consent, permit, contract or other agreement for construction related to, or provision of, service from a water or wastewater utility agency owned, operated, or controlled by a regulatory agency, or other form of authorization required by law, rule, regulation, order, or ordinance that a person must obtain to perform an action or initiate, continue, or complete aj project for which the permit is sought. 52 The statute applies to "political subdivisions, 9 which includes municipalities. Under Chapter 245, the city must consider the permit application solely on the basis of the regulations that were in effect: (1) at thet time the original application for the permit was filed for any purpose, including review for administrative purposes; or (2) a plan for development of real property or plat application was filed with the city.ss Further, the applicant's rights "vest" on the filing of an application "that gives the regulatory agency fair notice of the project and the nature ofthe permit sought. 54 And if a series of permits is required for a project, the regulations in place at the time of the original application for the permit in the series must be the sole basis for consideration of all subsequent permits required for completion of the project. 55 After the application for a project is filed, the city may not shorten the duration of any permit required for the project. 56 At least one court has held that the filing ofap plat is the first permit application in a series of permits constituting a "project" under section 245.002(b) of the Local Government Code.57 The Legislature did leave some authority for cities. First, the city may provide that a permit application expires after 45 days if the applicant fails to provide the necessary information and the city provides the applicant with notice within 10 days after the filing ofthe application. 58 In addition, the city may, by ordinance, impose an expiration date on "dormant projects" for which no progress has been made towards completion ofthe project. The expiration date can be no earlier than September 1, 2010. After that time, the expiration date can be two years for an individual permit but for a "project", no earlier than five years after the date the first permit 50 Quick V. City ofAustin, 7 S.W.3d 109, 128 (Tex, 1998) (construing predecessor statute); see also TEX. Loc. GOV'TCODE $245.002. 51 TEx. Loc. GOV'TCODE $ 245.001(3). 52 Id, at $ 245.001(1). 53 ld. at $ 245.002(a). 54 Id. at $ 245.002(a-1). 55 Id. at $ 245.002(b). 56 Id. at $ 245.002(c). 57 Harisell V. Town ofTalty, 130 S.W.3d 325, 327-38 (Tex.. App. Dallas 2004, pet. denied). 58 TEx. Loc. GOV'TCODE $ 245.002(e). 0: 2016] Bickerstaffi Heath Delgado Acosta LLP 14 66. application was filed. The statute provides multiple avenues for the developer to establish that it has made progress toward completion of the project, including: (1) the submission of an application for a final plat or plan; (2) a good-faith attempt to file aj permit application necessary to begin or continue towards completion of the project; (3) the mcursion of costs in developing the project (exclusive of land acquisition) that equal five percent of the most recent appraised market value of the real property in which the project is located; (4) the posting of a bond with the city to ensure performance of an obligation that the city requires; or (5) payment of utility connection fees or impact fees. 59 Finally, the legislature has exempted certain regulations from Chapter 245's vesting provisions. These include: (1) building permits that are at least two years old, provided that the building or structure is intended for human occupancy and habitation, and the permit was issued under laws or regulations adopting only uniform building, fire, electrical, plumbing, or mechaniçal codes and local amendments to those codes; (2) zoning regulations that do not affect landscaping or tree preservation, open space or park dediçation, property classification, lot size, lot dimensions, lot coverage, or building size or that do not change development permitted by restrictive covenant required by the municipality; (3) regulations that specifically control only the use of the land and that do not affect landscaping or tree preservation, open space or park dedication, lot size, lot dimensions, lot coverage or building size; (4) regulations for sexually oriented businesses; (5) municipal or county regulations affecting colonias; (6) fees imposed in conjunction with development permits; (7) regulations for annexation that do not affect landscaping or tree preservation or open space or park dedication; (8) regulations for utility connections; (9) flood control regulations; (10) construction standards for public works located on public lands or easements; (11) regulations to prevent the imminent destruction of property or injury to persons that do not affect landscaping or tree preservation, open space or park dedication, property classification, lot size, lot dimensions, lot coverage, or building size, residential or commercial density, or the timing of aj project, or that do not change development permitted by restrictive covenant required by the municipality. 60 An aggrieved applicant cannot recover money damages under Chapter 245. Rather, the statute provides that the only method of enforcement is through mandamus or declaratory or injunctive relief.61 C. Legal Use Prior to Annexation Section 43.002 of the Texas Local Government Code permits a property owner to continue certain land uses following annexation: $ 43.002. Continuation ofLand Use (a) A municipality may not, after annexing an area, prohibit a 59 Id. at $ 245.005. 60 Id. at $245.004. 61 Id. at $245.006. 02016 BickerstaffHeath Delgado Açosta LLP 15 67. person from: (1) continuing to use land in the area in the manner in which the land was being used on the date the annexation proceedings were instituted if the land use Was legal at that time; or (2) beginning to use land in the area in the manner that was planned for the land before the 90th day before the effective date oft the annexation if: (A) one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use; and (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. (b) For purposes of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the: applicant. (c) This section does not prohibit a municipality from imposing: (1) a regulation relating to the location of sexually oriented businesses, as that term is defined by Section 243.002; (2) a municipal ordinance, regulation, or other requirement affecting colonias, as that term is defined by Section 2306.581, Government Code; (3) a regulation relating to preventing umminent destruction of property or injury to persons; (4) a regulation relating to public nuisances; (5) a regulation relating to flood control; (6) a regulation relating to the storage and use ofhazardous substances; or (7) a regulation relating to the sale and use offireworks. 02016BitkersalfHeah Delgado. Acosta LLP 16 68. (d) A regulation relating to the discharge of firearms or other weapons is subject to the restrictions in Section 229.002. 62 Under the above statute, the basic test is: (1) was the land use legal in the county prior to annexation; and (2) ifit was, does the regulation that the city is seeking to impose fall within one of the exceptions under subsection (c) (.g., public nuisances, flood control, fireworks etc.)? A good rule of thumb is that the city rarely will be able to force the property owner to change his land use to comply with the city's zoning ordinance following annexation, but the city almost always can force the property owner to comply with the city's nuisance ordinances. 621 TEX. Loc. GOV'TCODE $ 43.002. ) 2016. Bickerstaffl Heath Delgado Acosta LLP 17 69. APPENDIX) A" PROPERTY DEVELOPMENT PROCESS Is thé Propèrty zonèd for the use? t No Does the Comprehensivel Plan designate the property for the desired use? No Zoning Mapi Amendment Comprehensive Amendment Plan Is the. Property platted? 4 o Preliminary Plat, Final Plat, Dévelopment Plat Have you obtained building permits? es No Building. Permit Does thè structure have a Certificate of Occupàncy? No Certificate of Occupancy * Describés current ordinance requirements *From Subdivision Ordinance oft the City of Granité Shoals, Texas. 02016 Bickerstaff Heath Delgado Acostal LLP 18 70. Sec. 15-6-4, - Changes and amendments; application fee. (A) This zoning article; including boundaries of districts and regulations, may be amended, supplemented or changed by ordinance of the City Commission. ENEsemEa recevetnes sepas ot the Pindand/onnd CAMEEGHERERA Change or àmendment to. the zoning ordinance. a. The Planning and Zoning Commission shall conduct a public hearing, announcement of which shall be published once ina newspapèr of local circylation fifteen (15) days prior to such hearing before acting upon any zoning matter. i. All property owners within 200 feet of the property on which thè change is proposed shall be sènt. written notice not less than ten (10) days before the hearing date. The list of property owners shall be prepared from the last city tax roll listing all property owners who have rendered their property for city taxès. Notiçe is adéquatély served by depositing properly addressed and postage paid notice with the city post office. Property owriers whose names do not appear on the city tax roll are: adequately notified by the publication in a newspaper of local circulation. b. Following the Plânning and Zoning Commission public hearing and report, the City Commission. shall coriduct a public hearing, announcement of which shall be published once in a newspaper of local cirçulation fifteen (15) days prior to such hearing before acting upon any zoning matter. i. Three-fourths (A) vote of the members of the City Commission shall be necessary to make any change shouid a petition opposed to such change be presented by the owners of 20% of either the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and exteniding 200: feet therefrom. ii. Ihrec-fourths Avoeoftne KSERSEAPMENT BBMEyberE ecommendaicndte Planning, and Zoning Commission! that a proposed amendment supplement orchange: 00 denied. Vote of the City Commission means members eligible to vote. With a five (5) mèmber commission, 3/4ths vote. is 4 of 5 members eligible to. vote. Tneabsenceofa commission membertromé ameeting doest notchanget umbidaErdrg (ie, still 4 of 5). If a commission mémber wère to die, résign, or bé disqualified (ie, due to à çonflict of interest), then that is considered à vacancy which reduces the number of eligible votes sO that the vote would then be 3/4ths of the four (4) members eligible to vote. 71. C. Applications for Special Use permits, changes of districts (rezones), or other applications which. require notification oF publication shall. be accompanied by à fee of $250.00. Sec. 15-6-24. #E5SASEN Share Link to sectionPrint sectionDownload (Docx) of sectionsEmail sectionCompare versions (A) Nonconfoming status. Anoncontarming Salsshaleadtineror bRiehalbangcandions (1) When a use. does not conform to the règulations prescribed in the. district in which iti is located, and was lawfully existing and operating prior to the adoption of this article, or any amendment théreto which creates nonconformity, and where there has been no discontinuance of the use for a period of timie excéèding six-manthsi DE, (2) When a structure doès not conform to thé regulation prescribed in the district in which it is located, and was lawfully existing and constructed prior to the adoption of this article, or any amendment thereto which creates nonconformity. (B) Maintenance permitted. Anonçonforming building or structure may be maintained. (C) Repairs and alterations. Repairs and structural alterations may be made to a nonconforming building or to al building housing a nonconforming use. (D) Additions, enlargements and moving. (1) Abuilding or structure occupied by ài honconforming use and a building or structure nonconforming as to height, area or yard regulations shall not be added to or erilarged in any manner or removed to ànothér location except as provided by subdivision (2) of this division hereof. (2) Al building or structure occupied by a nonconforming use or a building or structure nonconforming. as to height, area, or yârd regulations may be added to or enlarged or moved to 72. ar new location on the lot upon a permit authorized by the Board of Adjustment, which may issue, provided that the. Board of Adjustment, after hearing, shall find: (a) The addition to, enlargement of, or moving of the building will be in harmony with one or more of the purposes of this article as stated in $ 15-6-2 hereof, and shall be in keeping with the intent of this article. (b) Thé proposed changé does: not impose any ynreasonable burden upon the lands located in the viçinity oft the nonçonforming use or structuré. (c) LOT: shall mean that parcel of land owned at the time the use beçame nonçonforming and upon which the use existed, whefher defined in one or more legal descriptions provided that all legal descriptions are contigyous. (E) Alteration where parking insufficient. Abuilding or structure lacking sufficient automobile parking spaçe. in connéction' therewith as réquired by this article may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this article for such alferation or enlargement. (F) Restoration of damaged. buildings, Anonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, or othier calamity or act of God or the public enemy, may be restored and the oçcupancy or use of such building, structure, or part théreof; which existing at the timé of such damage or destruction may be continued or resumed, provided that such restoration is started within a period of six months and is diligently prosecuted to completion and is not located in an ovérlay zone.. (G) SkmonthvAcancy Abulding OFSuCtrEDE pariontiedocped byal nonconforming use, whchis, dFieraferbecones vacars antremasimocped byal noncontaining use fora contintous perod ofsimonths except fordwelings shalndfnereaitel De occupiedexcept by a sewhichcoriorst tothe userequlations Ottnezonei inwhichiti ISlocated (H) Continuation of use. The ocçupancy of a building or structure by a nonconforming use, existing at the time this Title became effective, may be continued. 73. C EMTAPSKRBSA A cantbul En BAStEPEHE AT Go OStFBGI 317 0 aCEs greg Mitnl a perodosi 5 nss (J) Change of dse. The nonconforming use of à building or structure may not be changed except to a conforming use, but where such change is madé, the usè shall not théreafter be changed back to a nonconforming use. (K) Nonconforming use of land. The nonconforming use of land, existing at the time this article became effective, may be continued, provided that no such nonconforming use of land shall in any way be: expandéd or extended either on the same or adjoining property, and provided that if such nonconforming use of land, or any portion thèréof, is abaridoned or changed for a period of six months or more; any future use of such land shall be in conformity with the provisions of this article. 74. American Planning Association Texas Chapter AGusetpluenPanninghi Texas Commurities2013 Chapter 4 William Dahlstrom,. JD, AICP Zoning Regulations in Texas This chaptér explains the basics ofzoning lawi in Texas. It provides a defini- LEGEND tion and bréif! history, along a legal basis for zoning and the statutory au- 5o thority. Thed chaptér discasses the connection 63 between: zoning and the éom- C prehensive plan and districts, the basic zoning umits to divide cities. These CC boundaries and ordinainces are N D apptoved by zoning comimissions. Procedures GC includès hearings ànd notice or zoning commission meetings, city council G meetings, and genéral law city council meetings. The supérmajority vote is ER described and the board ofadjustementi is discussed in R detail, The chapter E R2 also describès ways in which mnunicipalities enforce zoning ordinarces and R3 the varièty of excéptions to zoning Additional 24 authority. zoning concepts are breifly discussed as wèll as thè ways in which zoning laws are challenged. Un- R7 derstanding sach regulations are valuable because zoning is an essentialt tool, RB ifnott the essential tool, uséd to implemênt the comprehensive plan along with subdivision regulations, infrastructure planning, and economic strate- giés. This Universitya chapter rofTexas was developéd School of from Eaw thè 17th Amual Land Usel Planning Law Confèrénce with the on March 20, 2013 Left: Zoning map ofar neighbor- hood Altèredi image ofimagel by Histori- cOmahaneton] FlickT andr repro- duced under Creative. Commons 2.0 Chapter 4:2 Zoning Regulations inTexas 137 75. American Planning Association Tèxas Chapter AGuidetoUiban Planning. in Texas Communities 2013 DEFINITION AND HISTORY Typically, zoning will consist of: "Zoning" is the fundamental regulation of à governmental entity used to con- 0a an ordinancè: that sets forth troll land uses pursuant to a comprehensive plan. "Zoning regulation is a rèc- ted items land such uses as definitions, and develapment permit- ognized tool of community planning; allowing a municipality, in the exercise standards, and ofits legislative discretion, to restrict the use of private propérty." Mi (i) a map designating the districts Ast the result of the mounting problems from industrialization and urban- within thejurisdiction. ization of citiés ini thél late ninéteenthand early twentieth cities, municipal governments recognized fher needi to adoptiegulations to make citiés more Municipal livable, safe andsanitary. Widely recognizèd as the first comptehensive gouermments zoning ordinance, the New York City Zoning Ordinance of 1916 was enacted recognized the need to: regulate height and sétbacks oflarger buildings to allow sunlight tand: airto to adopt regulations reach adjacent properties and to restrict incompatible usés from résidential 2 to make cities more districts, livable, safe and sanitary. Ini 1921, U.S. Sécretary of Commèrce Herbert Hoovèr, commissioned an advisory committeeto: draft aj model zoning statute, The Standard Zoning Enabling. Act of1926, which became the: model: for zoning legislation through- out the country. The, Actincluded a section on a "Grant ofPower" which authorized: zoning for "the purpose of! promoting health, safety, morals, or the. general welfare ofthe çomunity,"3 Section 3 ofthe.Act, "Purposes in View" provided, Such regulations shall be miade in accordancer with a comprehensiveplanand designèdtolessen congestion in thestreets: to: secures safetyf fromfire,p panicand other dangers; to promotè health and the general welfare; to provideadequate lightandair top prevéntthe overctowding ofland; to dvoid undues concentration of population;tot facilitate theadequate provision oftransportation, water,sew- erage, schools parks, endtherpierguirenéns, Suchr regulgtions shall be madey with reasonable considerqtion.among: otherthings, to the charactere ofthe district andi agwpaies andi with d vièwt to conserving thevalues ofbulingsahd-noumging the mostappropriate: use oflandt through- dutsuhmuniepdlity: 1 GityofBrooksider Village. V. Comeau, 633 $.W.2d 790, 792 (Tex. 1982), cert. denied, 459 U,S.1087 (1982). 2 New York Cityl Department ofCity Planning Website, 2013 3 AStandard State Zoning EnablingA Act Under Which) Municipalities: May AdoptZoning Regulations; Section I, U.S. Departnent of Commerce (1926) 4 Id. atSection 3 138 Chapter 4:Zoning Regulations in Texas 76. American Planning Assoçiation Texas Chapter AGuidetot Urban Planaing in Texas Communities. 2013 The.Act also included. sections describing the means of amend- DEPATIENT OF COMNERCE ing the regulations, the establishment of a zoning commission adopting and and board of TASTANDARD adjustment, the enforcement of regulations, and thè resolution of STATE ZONING ENABUKG. ACT with otherlaws. conflicts IRDE sipsumsiar: BCLLATGS ADorTzu LEGAL BASIS The United States Supreme Court ruled in 1926 that. zoning is a valid exercise ofthes municipality's spolice power. In Village ofEuclid, Ohio U. Ambler Realty Co., 272 U.S. 365 (926), the Village of Euclia énacted an ordinance that establishedsix classes oft use districts, three classes ofheight districts, ànd four classes of àrèa districts in an éffort to control industrial expansion from the City of Cleveland into the Village. Ambler Realty argued that thè élassification ofits propèrty deprived it" "ofl liberty and property without due process oflaw" and denied Mit the equal protection ofthel law,"6 Ambler Re- The Standard Zoning Enabling alty also specifically'a argued that the zoning ordinance attémpted "to restrict Act of 1926 becamet ther model and control the lawful uses of appellee's land sO as to confiseàteand destroy for zoning legislationi throughout a gréat part. of its valué.' "7 The Court ruled fhatthere maybe valid rèasons to the country. separate intensive uses from Jess intensive uses for the general welfare. hold- ing, "itis enough for us to detérminé, as we do, that the ordinance, in its gen- eral scope and dominant features, sO: far as its provisions are. here involved, is a valid exercisè of authority. "g In Village oft Euelid, Ohio The validity of zoning in' Texas wàs approved byt the' Texas Supreme Court in N. Ambler Realty Co., the Lombardo V. City dfDdllas. In that case, the Court acknowledged that Court ruled that there "it appeàrs that full authority was delegated cities ànd incorporated villages may be valid reasors tos restrict the use ofbuildings, structures ànd land fori trade, industry, resi- to sèparate intensive dence, or ôther purposes. Zoning, in gèneral, is the division ofa city or area uses_from less inten- into districts, and the prescription and application of different regulations in sive usesfor the gener- each district; generally, such division is into two çlasses of distriets, such as al welfare was. attempted byt the ordinance under consideration. Effective zoning regula- tions, as that term is nowwell undèrstood, comprehends, necessarily, prohi- bitions and restrictions; prohibitions against certain uses in named districts, arid réstrictions as to the àrea oflotsi to be built upon, the size and height of AStandards State Zoning Enabling AcE Under Which Municipalities: May Adopt Zoning Regulations, DS.I Departmentof Commèrce (926) 6 Village afBuchd, Ohio U. Ambler Redlty Co., 272 US. 365: 384 (1926) Id. Id. at397 Chapter 4:Zoning Regulations in Texas 139 77. American Planining Association Texais Chàpter AGuidetoUbant Planning in Texas Communities: 2013 structures, yard spaces to be left unoccupied, etc."9 The Court held, "that the. legislative act and the ordinance oft the city ofDallas, called in question, and the provisions ofsame as applied to plaintiff and his property, are not subject to the objections urged by plaintiff, but that they are valid and enforceable." "io STATUTORY AUTHORITY In. Lombardo, the Gity ofDallasi relied on Texas' adopted vérsion oft thé A -prompting the pub- Standard! Zoning Enabling Act adopted: in 1927 as. Article 1011 of the Texas licl health, mor- Geheral Statutes. safety, nosytesectionst BPAdeiGINeRRRA Lin Chap als, or general welfare teanohielerstaalcoCak Chapter 211 currently provides and protecting and that thè ASTARREN Horthepuposeds promoting! thepuble preserving places and Fealbseyorky OEE EAPRINN preseryngplaces dreds ofhistorical, andareas icskiTPTSdRENE cultural, oT architec- cance" tural importance and Under significance" Section 211,003; the) muniçipality. may regulate: 1. The height, number of stories; and size ofbuildings and other structures; 2. The percentage. ofal lot that mayk be àccupièd; 3. Thè size ofyards, courts, and other open spaces; 4. Population density; 5. The location. and use ofbuildings; other structurès, and land for business, industrial, residential, orothèr purposes; and 6. The pumping, extraction, and use of groundwater by persons othert than rétail publici utilities, as defined by Section 13.002; Water Code, fort the purpose ofprèventing the use or contactwith groundwafer that presents an- actual or potential threatto! human health,2 Further, the Statuté ptovides that a eity may regulaté "the construction, 9 Eombardoz U. City ofDallas, 47S.W.2d. 495,499 (Tex. Civ.App.-Dallas: 1932), affd, 124' Tex. 1,73 $.W.2d475 (1934) 10 Id, 11 Texàs Local Government Code Séction 211.001 (2013) 12 Id. atSection: 211.003 (a) 140 Chapter 4: Zoning Regulations in Texas 78. Americant PlanningA Association Texas Chapter. AGuleptitanéminghni Texas Communities: 2013 reconstruction, alteration, or razing ofbuildings and other structures": with regard to designated. places and areas ofhistorical, cultural, or àrchitéctural City importance ands significance.s The governing body ofà al homé-rule minicipal- ity may also regulate the bulk ofbuildings. - THE COMPREHENSIVE PLAN The Purpose in Mew, ofthe Zoning is one ofthé primay/implementation tools ofai municipality's com-. Standard! Zoning EnablingAct prehensive plan, TBMTRADELeN adopted in accordancewitha statés that such regulationsshall mprchiseparadesMACIEAIEPRD bei madéi in accordancei with a 1. Lessen congestion in the streets; comprehensive plan-"Thèa abové image isofthé CityofTyler, Texas Comprehensive Plan 2007-2030. 2. Secure. safety fromi fire, panic, and other dangers; 3. Promoté health and the general welfare; 4. Provide adequate light and air; 5. Prevent the overcrowding ofland; 6. Avoid undue concentration ofpopulation; or 7. Facilitate the. adequate provision oftransportation, water, sewers, schools, parks, and othér public réquirements. DISTRICTS According to the Chapter 211, a city may divide the municipalityi into: districts ofar number, shape, and size. and within each district, the city may regulate the erection, construction, reconstruçtion, alteration, repair, or usé ofbuild- ings, other structures, orl land.16 The regulations must be uniform for each dlass or kind ofbuilding in à district; however, the regulations may vary from 13 Id. atSection 211.003 (b) 14 Id.a at 211.003 (C) 15 Id.at 211:004 16 Id. at: 211.005 (a) Chapter 4:Zoning Regulations in Texas 141 79. American Planning Association Texas Chapter AGuidetourban Planningi in Texas Communities: 2013 : Léft: Dallas, Texas Council Cham- bers. Image byjypsygen on Flickr and reproduçed under Creative Com- mons 2.0 districtt to districtz and shall be adopted "with feasonablé consideration, among other things, forthe character ofe each district and its pectliar suitabil- ityfor pafticular usès; with à vièw of consérving the value ofbuildings and encouraging themost appropriate use oflandi ini the municipality." "ig CREATION OF A ZONING COMMISSION Acity may appoint a zoning commission to. make: recommendations regarding thel boundaries ofthé original zoning districts and zoning regulations. Of- ten, a city will appoint a commission that performs thei recommènding au- thority under Chàpter 211 àrid thej planning commission authority: regarding subdivisions and plats granted under Chapter 212 of the Texas Local Govèrn- ment Code. With regardt rozonng thisbodyisa ecorimendng body However, some zoning ordinances also provide that the zoning commission is charged with apptoval of site plans purstant to thej provisionis of that city's zoning ordi- nançe. In that regard, they may be the final municipal authority fort the 13 Id. at211.005 (b) Id. at 211.005) 19 Id. àt 211.007 (a) 142 Chapter 4: Zoning Regulations in Texas 80. American PlanningAssoclation Texas Chapter AGuidetoUrbant Plamningi in Texas Communities 2013 review and approval of a sitej plan. PROCEDURES Hearings Approval of a zoning ordinance, districts ànd ameridments of the same require public hearings before the zoning commission and city council The commission is réquired to maké à preliminary report, hold the public hearing ànds submit a final report to the city çouncil20 The city council: must: receive thei reportbeforei it can conduct its hearing. 21 Ahome rule city may allow joint hearings of the city council and zoning commission provided the city council, bytwo-thirds votè, has prescribed thet type ofnotice and location for thél héaring.22 Notice Zoning Commission Written noticè of thé zoning commission hearing must bés sent to the owners ofther propèrty within 200 feet ofthe property on which a change in classi- fication is) proposéd "beforé the 1oth day before the hearing date." 77 Notiçe is sufficient ifiti is deposited in the municipality, with properly addressed with postage paid, in thè United States mail.23 City Council Notice ofthei time and place ofthé city council hearing must be published in official newspapèr orai newspaper of général circulation: in the city, "before thet 15th day before the date oft the hearing. m24 Genera! làw city withouta a. zoning commission Ageneral law city'without à commission must provide notice of the city coun- cil hearing to the property owners within 200 feet of thej property subject to changei in the same manner as noticé prior to a commission hearing. 25 20 Id. at: 211.007 (b) 21 Id. 22 Id.at(d) 23 Id.at: 211.007 (C) 24 Id.at 211,006. (a) 25 Id. at: 211.006 (b) Chapter 4: Zoning Regulations in' Texas 143 81. American Planning Association Texas Chapter AGuideto.Urban: Planningin Texas Gommunities: 2013 SUPERMAJORITYVOTE The Statute providés that thrée-fourths: miajority affirmative vote is required to approve a change in a regulation or boundary ifwritten protèst is filed by the owners ofat least 20 percent of eithèr: 1. The àrea ofthel lots or land covered by the proposed change; or 2. Thea arèà ofthe lots orl landi immediately adjoining the area covèred by the proposed chânge ànd extending 200 feet from that area. 26 Further, the city may by ordinancé require that the affirmative vote of at least three-fourths majority of city council is required to overrule a recommen- dation of the zoning commission that aj proposed change to a regulation or boundaryl be denied.7 Howevèr, inAppolo Dévelopment, Ine. D.. City ofGarland, the Court ruled thati thesupermajority requiremênt didi not applyt to propertyt that was subject to interim zoning at thè timé of annexation. Abové: Zoning andl land use maps We do netl believei itv was intendedi that. Section5ofOrdinance 1011 [predècèssor Image] by tracktwentynine on Flickr ofSection211.006 (dishould! have theefectofsozoning: all property thereafter and Commons reproduced 2.0 ander Créative ahnéxed thatrio owmerofnewly annewedpropertycould. applyforp permanent zoningy withoutplacing. himseffuridert thel burdend ofobtaining afavordble vote of thre-founthsaflhe-membes: ofthè City Councilifap protest Wère madeb by adja- cent propertyownérs described. in Article 1011e." "28 BOARD OF ADJUSTMENT The city may appoint a board of adjustmènt to consider variances, spècial exceptions and appeals of administrative officials in the enforcement ofi the zoning regulations.29 The board consists of five members who aré appoint- ed by the city council. Each easel before the board must be heard by at least 75 percent ofthe miemibers ofthel board.30 Boards of adjustmenti in cities in èxcess ofs 500,000 may consist of several panels with at léast five members 26 Id. atSection 211.006 (a) 27 Id. àt Section: 211,006 28 AppbDexelopment, Re U. Gity ofGarland, 476S.W.2d 365 (Tex.. App.-Dallas, 1972; rebrg denied-1972) 29 TEXASLOCAL GOVT CODE, Section 211.008 30 Id. at 211.008 (d) 144 Chapter 4:Zoning Regulations in Texas 82. American Planning Assodiation Texas Chapter AdiatepubgnPgmainght Texas Communities: 2013 per panel.31 The board of adjustmênt may! hear and decide: 1. Appeals of ari order, requirement, decision, or determination madel by an administrative official in the enforcement of zoning regulations; / 2. Special exceptions; 3. Variances from the terms of a zoning ordinance; and 5 4: Othèr matters authorized by an ordinance adopted. under Chapter 211.32 - Variançes by definition are modifications to zoning regulations authorized by thel board whén the following standards are met: 1, The variance is notcontraryto: the publicinterest; 2. Due to special corditions, a literal enforcément oft the ordinance would résult in unnecessaryl hardship. (A financial hardship will not be sufficient to qualifyas an unnecessary! hardship adequate fora variance request.); 3. The spirit oft the ordinance must be observed; arid 4. Substantial justice must be done. 34 Special Exéeptions arè modifications to the zoning regulations specifically set forth in the zoning ordinance that allow: such if certain criteria set forth in the ordinancé are satisfied.35 Additionally, some citiès authorizè thel board to amortize nonconforming uses aftér conducting hearings and enabling the owner of the noncônforming use to rècoup its investmént: in the nonconforming use. In City afUniversity Park y. Bénners, the Texas Supreme Courtruled' "ImJunicipal zoningor- dinancest réquiring the termination ofnonconformingi uses. under reasonable 31 Id.at211,012 32 Id. at: 211.009 (a) 33 Board ofAdhstmentofthe City ofPiney Point Villagez u.Sola,17s.W.3dz 251,255 (Tex.. App-Houston! [14th) Dist.]2 2005) 34 TEXAS LOCAL GOVT CODE, Section 211.009 (a) (3) 35 Id. at211.009 (a)(2) Chapter 4:Zoning Regulations in Texas 145 83. American Planning Association Texas Chapter AGuidetotrban Planning in Texas Communities 2013 çonditions are, within the scope ofmunicipal: police power. "36 In Gitij ofUniversity Park u, Bemmers, the Any person aggrieved by the decision of àn administrative. official or any offi- Texas Supreme Court eer, departmerit, board, orl bureau ofthè municipality: affècted the décision ruled that cities could may appeal the decision ofi the administrative official by filing thé board terminaté nonèon- andi the official from whom the appeal is taken a notice of àppeal spécifying forming uises under the grounds fort the appealsi The appeal will stay all proceedings in further- reasonable condi- ance of the action that is appealed unlesst thé official from whom thé appeal tions. ist taken certifies in wtiting to the board facts supporting the official's opinion that a stay would cause imminent peril to life orj property.38 Ac corictmring vote of75 percênt ofthel board mèmbers is rèquired to: 1. Revêrsé an order, requirement, decision, or determination of an adminis- trative official; 2. Decidei in favor ofa anapplicant on a matter on which the board is required to pass-under: azoning ordinance; or 3. Authorize. a variationfrom. the terms of a: zoning ordinance. 39 The decision oft thel board mày be àppealed to district court or county çourt, The appeal or verified petition but not to the zonirg commission or city council.40 The appeal must be a must be filed by: verified petition, présented within 10 days after the datei the decisioni is filed 1. Aj person aggrieved a in the board's office, stating thatthe decision ofthe board of adjustment is decision ofthe board; bya illegal in whole orin part and specifying the grounds of thei illegality. 2. At taxpayer; or Thej party attacking the decision ofthel board must demonstrate that the decision is a very clear showing of abuse of discretion"4 and that the board 3. could have reasonably reached orily one decision,? The Courtsin' Texas hold board, Andficer,department, or bureau ofthe mu- thatthe. Board "is a quasi-judicial body and the district court sits only as à nicipality." court ofreview bywrif of çertiorari. "43 The order oft the Board is presumed valid and thè party attacking thèy ordér must establish a "very clear showing ofabuse of discretion." [cite omitted] Azoning board abuses its discretion 36 CirofUniversityl Parku. Beniters, 485S.W. éd 773: 778 (Tex. 1972) 37 Id. at211.010 (a) 38 Id. at211.010 (C) 39 TEXASLOCAL GOVT CODE at 211.009 (C) 40 Id. at211.011 (a), 41 City ofDallas U. Vanesko, 189 $.W.3d 769, 771 (Tex.2006) 42 Id. 43 Boardo ofAdjustmerit ofCity ofCorpus Christi U.. Flores, 860 S.W. 2d 622, 625 (Tex. Pp- Corpus Christij 1993; writ denied) Id. 146 Chapter 4: Zoning Regulations inl Texas 84. American Planning Association Texas Chapter AGuidet to Urbar Planning in Texas Communities 2013 ffitaçts without reference to any guiding rules: and principlès or clearly fails to analyze or apply thel law correctly. [cites omitted] With respèct to a zoning board's: factual findings, ai reviewing court mayr not substitutè: its own judg- mént for that oft the board, [cite omitted). Instead, a party challenging those findings must establish that the board could only have rèasonablyr reached One decision. Icite omitted].44 ENFORCEMENT Ai volationofa Zonng ordinanceis a1 misdemeanor punishablel by fine, im- prsonment orboth,as provided! bythecityThe governing body may also provide civil pénalties for a violation.45 Per chapter 54 oft the' Texas Local Government Codé, a fine or. penalty for violation of a zoning regulation may not exceed $2,000.00.46 Furthet, the city mayi institute the: following measure if a building or other structure is erected, constructed, recorstructed, altered, repaired, çonverted, or maintained or if a building, other structure, or land is used in violation of zoning regulations: 1. Prevenit the unlawful erection, construction, reconstruction, alteration, répair, conversion, maintenance, or use; 2, Restrain; correct, ora abate the violation; 3. Prevent the occupancy of the building, structure, or land; or 4. Prevent any illegal act, conduct, business, or use on or about the premises. EXCEPTIONSTO A CITY'S. ZONING AUTHORITY. State or Federal Preemption Matters regulated: by state Or federal law are preempted from local zoning au- thority. For example, the' Texas Alcoholic Beverage Code specifically provides 44 Vanesko at771. 45 Id. at: 211.012 46 Id.; ats 54-001 (b) Chapter 4:Z Zonirg Regulations in Texas 147 85. American Planning Association Texas Chapter AGuidetol Uiban Planningin Texas Communities? 2013 that such Code: "shall exclusively govern. the regulation of alcoholic beverag- es in this stâte; and that excepta as permitted by this code. "47 However, that Code pérmits city règulation ofaléoholic beverage sales and servicei in specific aréas. City regulation of alcoholic beverages whère not othetwise permitted by the Texas. Alcoholie Bèverage Code would be preempted. In the case of Soithern Crushed Corerete, LIC City ofHouston, à concrete crushirg company séçured an air quality permit from the Texas Commission - On Environmental Quality, but was denied a similar permit by the Gity whose régulations were moré restrictive to the point ofrendering the NiN use unlawful. The Texas Supreme Court ruled, "But, thé express language of Cy section 382.112(b) compels us to give effect to thel Legislature's clearintent FS SAT that a city may notj pass an ordinanee that effectively mootsà Commission de- SUN 0. cision. Wel hold that the Ordinancè makés unlawful an 'act approved or autho- Mzi I rized under. : the [Clommission's. orders' and is thus preempted by the GI)n. RM TCAA ànd unenforceable: TEX: HEALTH & SAFETY CODE $: 382.113(b), "48 State and Federal Buildings Abover Austin, FX foodt truck: Many cities dor notindicate'mo- The Local Govérnment Codeprovides: that zoning regulations enacted pursu- bilefoodi truck Vénding' among ant to Chapter 211 do notapplyte "a building, other structure, or land undér approved land uses listed int the the control, administration, orj jurisdiction of a state or federal agency. "i9 cityz zoning codes. However, zoning will: applyto aj privately-owned building which is leased to a and Imagel reproduced by Katheriné) under Lynch Creative on Elickr state agèncy.50 Çommons 2.0 Pawnshops Pawnshops are afforded some protection under the Texas Loéal Government Code. Section 211.0035) provides à city must designâte pawnshops, which have beèn licensed to transact business by the Consumer Credit Commis- sioner under Chaptér 371, Finance Code, as' "aj permitted use: in one or more zoning classifications and carnot "impose a specific use. permit requirement or àny requirément: similarin effect to a specific use permit requirement on a pawnshop. "3 TexasAlcoholic Beverage Code, Section: 109.57 (b) 4 Southern Crushed Concrete. LLCV, City ofHouston;. (Tex.: 2013). 49 TEXAS LOCALCOVTCODE: Section 211.013(c) 50 Id.atSection: 211013 (a) 51 Id. at Section 211,0035 148 Chapter 4:Zoning Regulations in Texas 86. American Planning Association Tèxas Chapter. AGuidet toUrban Planiningini Texas Communities: 2013 SOME ADDITIONAL ZONING CONCEPTS Accessory Use A uise that is Customarilyi incidental to a main usé. Typically, thésè uses must be on the.same lot as the main useand are permitted in the same: zoning district as themain use. Conservation: Zoning Zoning régulations that providé development standards aimed àt protécting environmental, historic or cultural aménities ofa com- munity. Often these types of regulations providé modifications to standard R zoning development standards, including but not limited to setbacks and lot sizes, and may provide dénsity bonusès, in order to provide flexibility and incentives for protecting the targeted amenities. 416 Guimulative. Zoning Zoning regulations in which uses in more restrictive dis- tricts are permitted in more: inténsive districts. Euclidean Zoning Zoning regulations that provide individual districts for permitfed uses and development standards. Designi Guidelines Standards aimed at maintaining the architectural intégrity ofa unique area of a city or at providing an architectural or design theme for an arèa ofthe city. Exclusionary: Zoning Adiscriminatory: zoning system in which regulations are enacted to tinlawfully exclude certain groups of people, Form-Based Code A: zoning codei in which the regulations "address the rela- tionship between building façades and the public réalm, thei form and mass ofbuildings in rélation to one. another, and thé seale and types of streets and blocks. "5: Incêntiye Zoning Zoning regulations that provide bonuses or other incentives pursuarit to standards that further specific community development objec- tives. Inclusionary Zoning Zoning that provides for wide array of residential uses including low income and affordable units. Codel 52. Institute Definition ofal Form-Based Code, Eorm-Based Code: Institute; 2011 [Form-Based website] Chapter 4:Zoning Régulations in Texas 149 87. American Planning Association Texas Chapter AGuidet tol Vrban Planning in Texas Communities 2013 Nonconforming Uses Usest EkEEPPoIbPPTORAPPEA but ilsequentypronbrtet byzong FeaonsimpotNats annexation oran àmendmenttot thezomg reguations Performanice: Zoring Zoning regulations that focus on performançe criteria rather than solely on the séparation of uses. Planned Development Distirict (PD) or Planned Unit Development (PUD) A zoning classification that provides flexible development regulations to allow the corstruction ofa a unffied development conceptwhich: may not conform entirelyt to the standard zoning regulations. Often these types of development include mixed: uises, protection of environmentally: significant featires, pres- ervation of and provision for operi space, intérconnéction of uses, modified development standards, and special design guidelines andl landscaping re- quirements. Bécause the àuthority and! limitations for planred development districts are set forth in à city's Zoning code, iti is necessaryto féview thosé portions of the city's codé to détermine to what extènt a planned development district maybe used. Smart Growth According to the Ameriçan: Planning Association, Smart Growth isi notas singlet tool, butas sete cofcohesive urban and regional plan- ningp principles that can. be blended together andmeldedi with unique local and regiondl conditions to achievè a better development; pattern. Smart Growthi isan approach to achieving communitesthatare: socially, economically, ande environ- mentalysustalinable: Smart Golthprovderchoices: --inhousing, ini transpor- tation, injobs, andin amenities clangenaeenes recréational, educational, among others) - usingo comprehensiveplamning to guide, design, dèvelop.manage, revitalize, and buildi inclusivè communities and regions to: Haveai unlguesensedfconmmunty and! place; Preserve. and enharice. valuablenatural ando cultural resources; Equitably distribute the costs dnd benefits ofland development, con- sidering both participants and the short-and long-term timescale; Create mdorenlonecmemcvaus 150 Çhâptér 4:Zoning Regulations in Texas 88. Américan PlanningA Association Texas Chapter AGuidetourbant Planningin Texas Communities 2013. e saltillal 3 Expand ther rongedftrangportution, employment, and housirig choic- esi ine af fiscalyresponsible. manher; AuStE i GIOWIT EG Balancelong-rgnge,h regenalonsdergtonsofsustahndhilywth mmabi remodtetinde Creative soemihoenelalgayepayiabamlatons mons20 Pomotepubichealthandheallycommenties; Apply up-to-daté local andi reglonatperforance measures ofsuc- cessfulu urban andr regional giowth; Ençouragè compact, transit-accessible (where available) pedestri- dri-oriented, mixed-use developmentpatterns andi landi reuse; and, Increase alabonptonenépommeshp: to adhancepla.baedand regional goals and objectives, whlferspectingloalonduseprferencsand priorities. Core principles of Smart Growth include; 1, Efficient use ofland and infrastructure 2. Creation. and/or enhançement of economic value 3. A greater mix of uses and housing choices 4. Neighborhoods and communities focused around human-scale, mixed-use centers 5, A balanced, multi-modal transportation systèm providing in- creased transportation choice 6. Gonservation and enhancement ofe environmental and cultural resources 7. Preservation or creation of a sense of plaçe 8. Increased citizen participation in all aspects oft the planining pro- cess and at every level of government Chapter 4:Zoning Regulâtions in7 Texas 151 89. American Planning Association Texas Chapter AGuidét toUrban Planaing in Texas Communities 2013 9. Vibrant center city life 10. Vital small towris and rural areas 11. Amut-disciplinary: andi indusionary process to accomplish smart growth 12. Planning proçesses and regulations at multiple levels that promote diversitya and equity 13. Regional viewi of community, economya and eçological sustainabil- ity 14. Recognition that institutions, governments, businesses and indi- viduals require a conçept epaewpatswgwNN 15. Local, state, and federal policies and programs that supporturban investment, compact developmentz tand land conservation 16. Well definéd community edges, such as agricultural greenbelts, wildlife corridors or gréenways permanêntly preservèd asi farmland or open space.s3 The U.S. Environmental Protection. Agency identifies the following ten basic) principles of Smart Growth developments: 1. Mix land uses 2, Take advantage ofçompact building design 3. Create. a range of housing opportunities and choices 4. Create walkable neighborhoods 5. Foster distingtive, attractive communities with a strong sense of place 53 Poliçy Guideon Smart Growth, Américan! Planning Association; Originally Ratified byBoard ofDirectors, ADH5 2002; Updated GuideAdopted by Chapter Delegate Assémbly, April 14, 2012; Updated Guide Ratified by Board ofDirectors, April 14, 2012 152 Çhapter 4: Zoning Regulations in Texas 90. American Planning Association Texas Ghapter AGuidet tôUrban Planningin Texas Communities: 2013 6. Preservé open space, farmland, natural beauty, and critical envi- ronméntal areas 7. Strengthen and direct developmént towards existing communities 8. Provide a variety oft transportation choicès 9. Make development decisionis predictable, fair, and cost-effective 10. Encourage community and stakeholder. collaboration in develop- ment decisions. Street Design Standards Stardards: focusing on various elemerts of street design and constriction including, but notl limited to street width, curbs and gutters, medians, lanewidths, street parking, sidéwalks, pedèstriàn ameni- ties, bicycle lanes, crosswals,landscaping: lighting, and street. Transit-Oriented Development Typically higher density, mixed use devel- opmentsurromding a transit station (usually 14-12 mile radius) which is designed to. exploit the transportation opportunities afforded byt the transit station. Unified Development Code A single codé that incorporates all develop- mènt-related regulations including zoning and subdivision regulations, but may: also includesignage, landseaping, screèning ànd: fencing, environmental performance, and other development-related. regulations. Zoning Overlay "A set ofzoning ordinançes, optional or required, specifying land use and/ordesign standards for a designated portion oft the underlying zoning within a defmed district; typically used to keep architectural character and urban form consistent, make adjacent uses compatible, and/or accelerate the conversion ofn non-conforming! land uses," 55 54 About Smart Growth, U.S. Environmental Protection Agency, (2013) [U.S. EPA web- sitel 55 Makin Smart Growth: Happen, U.S. Environmental Protection Agency, U.SEPA wébsite] (2013) Chaptèr 4: Zoning Regulations in Texas 153 91. American PlanningAssociation Texas Chapter AGuidet to Urban Planningin Texas Communities: 2013 CHALLENGES CHALLENGES: Zoning is an exercise of a municipality's legislative powers56 and courts will 1. Invèrse condemnation, givedeferênce tot thè municipality's ordinances and "Tfreasorable: minds taking, damaging may differ as to whether or not aj partiçular zoning ordinance has a substan- tial relationshipi to thej publichealth, safety, morals or genèral welfare, no 2. Substantive due process clear abuse of discretion is shown and the ordinance must stand as a' valid éxercise of the city's police power. "57 Therefore, a zoning ordmance feceivés 3. Procedural due process deference and is presumed valid. AESN msioshstinsardneBEHNIBSEEElRsRNT bearsno 4. Failure to complywith semaiatnspiols-nlicialisESIRGREOIERERL welfare statutory orlocal procedures -Determining thei rèasonableness of a zoning ordinançe is a question oflaw forthe court' "59 5. Equal protection The following are some. of the common challenges to zoning ordinances; 6. Free exercise Inverse. condemnation, taking, damaging 7. SpotZoning The U.S. Supreme Courthas] held that, "while property: may beregulated to 8. Contract Zoning à certain èxtent, ifregulation, goes too farits will be récognized as a taking" in violation ofthe. Fifth. Amendment ofthe U.S. Constitution,6o In this sense the action: ofthe governmental authorityi is. characterized as a "régulatory taking" as opposed to à physical taking such as the acquisition of propertyfor a public Ini order to challenge a zoning purpose. "Ini a regulatory taking, it is the passage of the ordinance that injures ordinançe; one must: show that ap property'svalue or usefulness." "6i the ordinance is 1. arbitrary or Aregulatoryt taking may occur if ar régulation deprives aj property owner of all economically benéficial use of] his1 land.6a A regulatory taking may also be 2. unrèasonable found ift thes regulation unreasonablyi interferes. with a landowner's: rightt to use. and enjoy his property or does not substantially advanée. a legitimate because itb bears no! substantial relationship to the: 56 Cityo gfPharr u. Tippitt, 616S.W.: 2d 173, 173 (Tex. 1981) citing Thompson V. Cityof publichealth, PAlestinegiasW.2ds 579 (Tex1974) 57 Id.at176 58 Id. safety, CttyofSan.Antonip: D. Arden Encino Partners, Ltd., 103 S.W.3d 627, 630 (Tex.. App- Ean Antonio 2003. Id àt 103 S.W.3d 60 Pennsulvania Coal Co: V-Mahon, 260 tss 393, 413,43 S.CL. 158, 67L.Ed. 322 (1922) morals or 61 Loipenberg U. City ofDallas, 168 s.W.3d 800, 802 (Tex.2005) 62 Lucast U. South Carolina Coastal Commission, 112 S.Ct. 2886@992); Mayhew v. Town ofSunnyvale, 964.W.2d 922, 935 (Tex.1998) cert.denied, 5261 U.S. 1144, 119 S.Ct. general welfare. 2018, 1431 LEd.2d: 1030 (1999). 154 Chapter 4: Zoning Regulations ini Texas 92. American Planning Association Texas Chapter AGulleioumbanPomihg! in Texas Eommunities: 2013 Aregulatory taking governmental interestss Further, regulations mayl be deemed as takings if may occur if a regula- they unreasonablyinterfere with an ommefsinvestment-hached expectâtions tion deprives a prop- whilé also considéring the économic impact ofthe regulation on the property erty ouner gfall eco- owner, and the charaçter of the governmental action.64. nomically, benefcial use ofhis land. Substantive dué process Regulations maybe subject to a substantive due. process challenge ift they fail to further a légitimate State interèst or fail to have any relation to the publiç health, safety or welfare.6s The regulations musti first be "rationally rélatéd to legitimate government interests. "66 Further, thej regulations must notl be ar- bitrary, unreasonable prcapricious and must have a substantial relationship to thej public health, safety or welfare.67 "Wheni az zoning determingtion is challenged onsubstantive due procèss grounds, ifreasonablei minds could differc as to whètherthe city'szoning action hada substantial relationship to dswhegre welfare, the action musts stand as a valid exercisé ofthed ciy/spolicepower." 58 Procedural due process Procedural duej process mandates that a property owner who is deprived ofa property right must havé beèn given àn "appropriate and meaningful oppor- tunityt tol be! heard. 6g A city satisfies this standard ifi it provides notice and an opportunityto bel heàrd.70 Failure to comply with Statutory or loçal procedures Zoning ordinances are; invalid, and not merély voidable, ifthe statutory procedurei is not followed. (F)ull compliancè with the statute is nécèssary tothe validity of amendatory, temporary or emergency zoning ordinances." "71 Further, the "rightt to have notice and àppéar before a zoning commission is a 63 Mayhewy at 935 64 Sheffield. Deuelopment Company, Inc, U City ofGlen. Heights, 140 S.W.; 3d 660, 672 (Tex. 2004) 65 Mayhew at 938 66 Id. 67 Id. 68 City gfWaxahachie U. Watkins, 154 Tex. 206, 275 S.W.2d 477,4 481 (1955) 69 Mayhew at 939 79 Id.at940 Bolton U.Sparks, 362 S.W. 946, 950 (Tex. 1962) Chapter 4:Zoning Regulations ini Texas 155 93. American Planning Association Texas Chapter AGuidetol Uiban Planningin Tèxas Communities2013 statutory right, not à due-process requirement." "72 Théréfore, one complain- ing dfdefective notice, based solely on nonçompliance with the statute, does not havea constitutional claim. Equal protection AMMSSNSERSANN can demon- Cities cannot treat FEREYTSRINENYEIPFORaEsmAtN individuals differently aidsaaksoOPAEDeRS Such: an ordinance gèn- from other similarly erally must only bé rationally related to: a legitimate statei interest unless: the situated individuals ordinanice discriminatés against a suspect class or infringès.3 "Economic without any reason- regulations, including zoning decisions, havet traditionally been afforded only able basis. rational relation scrutiny under the équal protection clause." 774 Free Exèrcise Regilationsthat: attempt to règulaté religious activities mayl be challenged if theyi intèrfèré with the exércisé ofreligious freedoms in violation ofthe First Amendmént ofthe U.S. Constitution. The Religious Land Use and Institu- tionalized Pèrsons. Act (REUIPA), provides furthér protection by prohibiting: "zoning and landmarkinglaws thatsabstuntialiyourdent the religious exercise of churchesorother religious semblesorinsttutions: absent thel leasti restrictive mearsoffurthering a compelling governmenta interest. Thisprohibition ap- pliesin anysituation where: ( thèstate orl local govemment entityi imposing thè substantialburden receivés féderalfuriding (il thesubstantid burden affects, or removal ofthe substantial burden would afféct, interstaté commerce, or (ill) the substantidlburden arises from thestaté orlocal govènment's formald or informal procedures formakingi individualized assessments ofa) propérty's uses. In addition, RLUIPAprohibitsz zoning andlandmarking laws that: 1. Tredte churchés. oratherreligious assemblies orinstitutions on less tharequa/terms with nonreliglous institutions; 2. Disctiminater agdinstany assemblies ori institutions on the basis of religion orrelglousdenemhnation. 72 Murmur Corporation u. Board ofAdjustment ofthe City of1 Dallas, 718 S.W. 2d 790, 792 (Tex. App-1 Dallas,1986, writi refdi nre.) 73 Mayhew atg 939 74 Id. 156 Chaptér 4:2 Zoning Regulations in Texas 94. American Planning Association Texas Chapter. AGuidetoliban: Planning in Texds Communities: 2013 3. Totally exclude relgiousassembles: fom@jurisditionyor 4. Ummanaylmtrelgourasmhleg.hnstudons ors structures withingjurisdiction. laws." iz5 Spot Zoning Somezoningo changes mayibe ARSEPSN to! be Spot Zonng SpotZoning S the processoisngg orasmalindofadand EERSsangins Ewithoutany Showing Of siinblechnget conditons7 In. City ofPhar 7. Tippitt, the! Texas Supreme Courb Identifed thefolowing factors to bereviewed mo déterminng RAIPASMAE 1. Whethert the Cityh has disrègarded thezoning ordinance orlong-range master plans and maps that have been adoptèdbyic ordinance; 2. Thenatureands eyrefnsaveinpsctonaumounding properties Leist BEdsInNFRaNsristmtiataisunpamaint propertiesand 3, Whethertheseoftner propertyaspresently, zonedis stitableorunsuit able 4. Whether the rézoning ordinance bèarsas substantial relationship to the PARERAtISRVy,RGAorgenealyelres or protectand preserve histori- BmarapiasEN Contract, Zoning Zoning ordinances whereby the City commits itself to rezone land in çonsid- eration ofthelandownerto use or not use. his land in a particular mânner, or provide somé other consideration. in exchangè fort the: zoning may be chal- lenged as Contract Zoning," 7 Contract zoning is invalid because thé city dele- 75 Religious Land Use: and1 Institutionalized Persons. Act of 2000; The United States Departmento cofJustice 76 Gityg gfPharz U. Tippitt, 616 S.W.2d 173, 177 (Tex.1981) Chapter 4:Zoning Regulations inTexas 157 95. American. Planning Association TexasChapter Aduitkeumen.amahg.nt Texas Communities: 2013 gatés its legislative authority and bypassès the legislative process.7 Zoning is legislative function of inunicipalities that they cannot çontract away.?8 CONCLUSION Comprehensive; plans are intended: to set forth à city's goals and objéctives for futuregrowth: andi identify a strategy by which the city will strive to achieve them. Zoning is an éssential tool, ifi not the éssential tool, used toi implement the comprehensive plan along with subdivision regulations, infrastructure planning, and économic strategies. As évidenced above, thére: àre: numerous technical, legal and political issues that must be evaluated int the enactment and modifications ofz zoning regulations. This article: was intèndéd to intio- ducé theseconcepts at abroad level and not penetrate the déeper judicial analyses and moredeveloped: standards ofi review, A fundamerital awareness ofzoning should include thel basics ofthes grant ofauthority, purposes, police power; process, ànd enforcement just as thosé same basic coricepts werè: im- perativei in the Standard Zoning Enabling Açt of1926. Super Wash, Inc. uGity fWhiteSetlement, 131 s.W.3d: 249,257 (Tex.. App.-Fort Worh, 2004) 78 Id. 158 Chapter 4: Zoning Regulations in Texas 96. A 33 g - & Fa - : 1 - - 97. I - - 5 - - DD a E E 1 : a I E I - - - : - a 341 - y 98. a - a - € : - - 6 a a E a E Do 1 E : - la - - - - - : - - 3 - : - 5 1 99. - - : : I : 1 E I a 733 E A a E - - E a E a 100. - 3 a 3 V 5 2 I - - I A I € I a I 54 - I - a 55 - - a5 5 : - 101. City of Kingsville Legal Department TO: Erik Spitzer, Director of Planning and Development Servicés CC: Charlie Sosa, Interim City Manager FROM: Courtney Alvarez, City Attorney DATE: March 24, 2025 SUBJECT: Zoning at 620 E, Alice Summary: An ordinance to request the rezone of 620 E. Alice, Kingsville, Texas from R1 (Residential Use) to G2 (Commerçial Use). and for an ordinance to request a Special Use Permit for a Wholesale Bakèry Use in C2 can move forward to the Planning & Zoning Commission and the City Commission for consideration. Background: The property located at 620 E. Alicé, Kingsville, Texas was the site of a tortilla factory (Wholesale Bakery Use) from approximately 1970-2020. Recently, the property was sold and the new owner wishes to reopen the tortilla factory at that site. When the new owner came to thé Planning Department for permits, it was discovered that City records showi 620 E. Alicé to be Zonéd R1 (Rèsidential Use) despite the fifty-year long commercial use at that location. Texas state làw. sets out the procèss for rezoning a property. That process is çodified in thé City of Kingsville's Code of Ordinances. The rezoning of property involvés à specific proçess and the analysis of a variety of factors. The rezoning of a property from R1 to C2 in a largely residential area would typically raise concèms of spot zoning. However, an analysis of all the facts surrounding a rezone should be considered before making a final decision. In this instance, the commercial use requested (Wholesale Bakery Use) is the same as the one that existed for at least fifty years at this location. There is another non- residential use on the same block at the properly proposed for rezone, Several commercially zoned propertiès exist within two blocks of the property proposed for rezone. CITY - le Kngylle 4 102. City ofk FKingsville Legal Department The property proposed for rezone existed as a tortilla factory for. at leàst this same. site, so if the same proposed use wère to havel a detrimental fifly. years at valuation of surrounding properties, then that impact would have impact been on the when the prior use existed, Itis highly unlikely that there would be an alrèady adverse done neighboring land since the same use existed at the site for fivé decades. The impact on in question is within the City's Historical District. When the tortilla factory first property this site in 1970, the area was gearéd toward uses that largely sérved opéned at and: commercè as pockets of commerce existed to seive different Hispanic persons time: While times. have changed during the lastfifty years the neighborhoods at that site, the business' historical significance to the community should factory not operated be. at this The proposed rezone could be viewed as sèrving a substantial public overlooked. opening the factory could incréasé employment and increase sale tax purpose revenues. as re- the same use. not recénitly existed at this site for fifty years, thèn the analysis Had different might be The most restrictive rezone that could be considered for the site for the intended purpose. is C2 (Commercial Use) with a Special Use Permit for Wholesale A wholesale bakery uise is only allowed under the City's Code of Bakery Use. Land Use. Chart in à C2 zoned area with a Special Use Permit. The Ordinances Spécial Use Zoning Permit permits a particular zoning use while allowing the governing body to limit the exact of use for the protection oft the community and surrouriding area. type Financial Impact: There is no expense to the. City by considering and approving the requested actions. Recommendation: Allow the process to move forward following state law and ordinances sO that the Planning and Zoning Commission and City Commission can city determine whether to allow the proposed zoning changes (rezone from R1 to C2 & a Special Use Permit for Wholèsale Bakery Use) to the site. GIT Kingsyille - * E 103. SSAES4.uNE SAY 5 F : i.. Raul GI Longoria Ruben G Soliz Gregorio Islas ETAL 1624 N. Armstrong Ave ETUXTeodula (Life EST) 8281 NI Reymalds Kingsville, TX 78363 Francisco E Romero Alice, TX 78332 #22680 621 E Alice Ave #12769 Kingsville, TX 78363 #13067 Guillermo Gonzalez Francisco P Chapa Est Francisco E. Romero ETUXI Brenda Gonzalez Mrs. Yolanda R Torres 621 E 5281 EAlice Ave PO Box290 Alice Ave Kingsville, TX 78363 Kingsville, TX 78364 Kingsville, TX 78363 #10307 #15095 #12266 Ruben R Est Belinda JLopez Michael Wi Bars Melindal Kerwin 9699 Southmeadow 823 S2 9161 E Santa Gertrudis 23d St Kingsville,! TX 78363 Beaumont, TX 77706 Kingsville, TX 78363 #17256 #23441 #11452 Maria I Garcia David Michael. Isassi Michael W Bars 603 E Richard 1631 Connell Villa 823 S 231 St Kingsville, TX 78363 Kingsville, TX 78363 #17279 Kingsville,' TX 78363 #24203 #10672 Frances Olivarez Eliseo M Torres Jose Arturo Rodriguez 2241 EI Richard Ave 6201 E. Alice Ave ETUX: Rosa Laura Kingsville, TX 78363 Kingsville, TX 78363 607] EA Alice Ave #18035 #24983 Kingsville, TX 78363 #25983 Frances Olivarez John Edward Cadriel 2241 E Richard Ave 1949: Zenaida. Ave Kingsville, TX 78363 McAllen, TX 78504-5626 #18815 #18916 Frances T Olivarez Daniel Avendano 611 E Richard Ave ETUX Idalia Kingsville, TX 78363 8001 Morelos St #19595 Pharr, TX 78577-8705 #11167 Manuel Trevino EST KISD ETUX. Esabel EST%1 Nelda Aguilar PO Box 871 1301 Clearfield Dr Kingsville, TX 78364 Austin, TX 78758-7314 #22290 #20390 Edaardo Gonzalez Yolanda Saeuz Oralia Gonzalez 741 Lake Shore DR 701 El Richard Corpus Christi, TX 78413-2634 Kingsville, TX 78363 #18175 #13474 Laura LI Elizondo Kleberg County Garrick. A Phillips POI Box 72 603E Alice. Ave Kingsville, TX 78364 Kingsville, TX 78363 #15901 #25215 105. AAY : * PUBLIC HEARING NOTICE The Planning & Zoning Commission of the City of] Kingsville will hold a Public Hearing Wednesday, April 16, 2025, at 6:00 p.m. wherein the Commission will discuss and/or take action on the following item and at which time all interested persons will be heard: Jose Flores and Jaime Flores, Applicant/Owners; requesting approval of Re-Zoning from R-1 (Single Family) to C-2 (Retaill) for a Wholesale Bakery Use (Tortilla Factory) at 3RD, 3 Block 22, Lot 24-27, (Famosa Tortilla Factory), also known as 620 E. Alice. Ave., Kingsville, TX 78363 (Property ID 17385). The meeting will be held at City Hall, 400 West King Ave., Kingsville, TX in the Helen Kleberg Groves Community Room. If you have any questions about the items on the agenda, please contact the Planning Department at (361). 595-8055. PUBLIC HEARING NOTICE The City Commission oft the City of] Kingsville will hold a Public Hearing Monday, April 28, 2025, at 5:00 p.m. wherein the City Commission will discuss the consideration ofthe following item and at which time all interested persons will be heard: Jose Flores and Jaime Flores, Applicant/Owners; requesting approval of Re-Zoning from R-1 (Single Family) to C-2 (Retail) for a Wholesale Bakery Use (Tortilla Factory) at 3RD, Block 22, Lot 24-27, (Famosa Tortilla Factory), also known as 620 E. Alice Ave., Kingsville, TX 78363 (Property ID 17385). The meeting will be held at City Hall, 400 West King Ave., Kingsville, Texas in the Helen Kleberg Groves Community Room. If you have any questions about the items on the agenda, please contact the City Secretary at (361) 595-8002. 14IEKBAERLG NEWS A3.2025 Bishop CISD school board elections scheduled Obituaries for May 3; early voting begins. 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IA6R pirtiin CI Te Piryls Doria aid! ires diramtel: Thitsa EE PheT m yejrl hilaine EE to E and vaise fs E EEEUT Mali inCapusCluisti laring EA Assanit BBE Churhof Three aalion Aprees, parth Ai leritgfieat the FIKApTE Purple Doar (Cantriulatp piploi - PUBLICHEARINGI NOTICE dsiks FORCMAERCNOTCE The Plamins &z Zomng Commistion Ofthe CityofKines/ille wil Boid T & Z Coi EGLOEK Kng aPuhlic Hearing Wechcslay, Apnt 16,2025, ar. 6:00 pm wherein't thie n ApKEE, Commition willa discuss andor fake actiandat thet following itemandat ComETIIS nd take zctt t whicht timea all intirestedp porsonswil beb heard: wichab nt beh E Jose Flores andJ JaineF FlaresA Applicntovners reniestiga apprayal Iose Torriiine AOS afas Special Use Permiff foray WholesaleBakery Use(Tartilal Factory) dian a RIGT Finyc CZRbu IW in C-(Retai) E3RD, ETLNTAReT Tortilla Factory), SNA ATF also known: as 620 EAliceàve, Kingville, TX 78363 (Property ID Jortill actyls IL 620 EA fice e Kpvile 17385). 7836p DEEIDI38S Themetingw wilbehldatCity! Hall, 400WesfKing Ave,Fingiville Thes e 5a y 003 Westi TXint thel Helen EbrGpsg Cammunity Rocm, IFyorhaveary Tnt en quétionsaboutt thelemso at the aganaplsepatdt the Pliming' 1 àt (361) 595-8055, a Departmentà Dprt 5 PUBLICI HEARENG NOTICE TICFAINGNOTC: Thrçiyo Commisiane afihed Cityofkingsviley wilholdsPublic! Heming GKE nlda hilamng Mmay.Apniz 178,2025. at5:00 pm. whérein, ihe City Cominisions will fooday, 50O W heri ye will - diust thés cansideratioin of ie fllowing item and at, which't tinie al SS 1 IbEET ten all intereeip peisonswill beheart lls bch ns JoseF Flores andJaimei Flores, Applieaavowaersst requesting approyal aseR EAPHOMES ov2l ofaSpecialt Use Permiti fora Wholesale Bakery Use CartilaFactorg) dfRZ AIPPCIBNN fora Whaleile inC20 (Retai); at3RD, BbaM.IathTmal Tortillal Factory), Bakeyls 73DELLT 24-27, (Famasa also owa as. 6701 EAllice Aves Kingrile, TX7 78363 (Priperty ID Tartila GDEAAE) Kingville, 17385). BStins - i Then mpefing will beh held at City Hall, 400 West King Ave, Kiigsville, The Id AE CiyHAll 400 West KIgAvc, Kingvil Texis int thel Helen Kleberg Groyes, Commnity Rocm.. ffyou) hve any B Groves Comimmiry Roomf you) have any questigns abourt theit iterins ont theagenda.p please contactt the City Seeretary he agenda; plia he Citys Saciary / at(361) 595-8002. ar(3 106. ORDINANCE #2025- AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING MAP IN REFERENCE TO 3RD, BLOCK 22, LOT 24-27 (PROPERTY ID 17385) ALSO KNOWN AS 620 E. ALICE AVE., KINGSVILLE, TEXAS FROM R1 (SINGLE FAMILY DISTRICT) TO C2 (RETAIL DISTRICT); AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning & Zoning Commission has forwarded to the City Commission it's reports and recommendations concerning the application of Jose Flores & Jaime Flores, property owners/ applicants, for amendment to the zoning map of the City of Kingsville; WHEREAS, the property was the site of a tortilla factory for at least fifty years though zoning maps show the property to be zoned R1-Single Family District, and there are other non-residential uses on this block and several other uses within two blocks of this previous existing use, sO that any potential impact to surrounding properties would already have been experienced due to the long term prior same use; WHEREAS, it is desired for the area to be used as a wholesale bakery use (tortilla factory), which is the same use that had existed at this same location for at least fifty years up until about three years ago and while notice letters were sent to neighbors and a notice was published in the newspaper, no one has contacted city staff about this; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 16, 2025, during a meeting of the Planning & Zoning Commission, and on Monday, April 28, 2025, during a meeting of the City Commission, in the Helen Kleberg Groves Community Room/Commission Chambers, at City Hall, in the City of Kingsville, during which all interested persons were allowed to appear and be heard; and WHEREAS, the item was APPROVED with a 6-0 vote of the Planning & Zoning Commission regarding the requested rezone with no abstentions; and WHEREAS, the City Commission has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Kingsville and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF KINGSVILLE, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Kingsville, Texas, is amended by changing the zoning of the premises known as 620 E. Alice Ave., Kingsville, Texas, also known as 3RD, Block 22, Lot 24-27 (Property ID 17385), from R1-Single Family District 1 to C2-Retail District, as more specifically described on the Zone Change Map, attached as Exhibit A. SECTION 2. That the official Zoning Map ofi the City of Kingsville, Texas, is amended to reflect the amendments to the Zoning Ordinance made by Section 1 oft this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Kingsville, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that these amendments to the Zoning Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Kingsville as required by the City Charter of the City of Kingsville. INTRODUCED on this the 28th day of April 2025. PASSED AND APPROVED on this the 12th day of May 2025. Effective Date: THE CITY OF KINGSVILLE Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED: Courtney Alvarez, City Attorney 2 200-FT Buffer at Prop ID: 17385 a 25068 8 - - - 11391 6 d - - - ERichardAvo 5 - - : 47279 - a - p % 11167 € 17385 - 19943 - - EAliceAve - 0 12769 15901 5 3 18532 Legend 2 Prop ID 17385-620 E. Alice Ave ELeelve. Prop ID 173852 200. FTE Buffer 1101 Ownershiplabelesl by Property ID 3505 16689 25789 - 1233 d 12045 EU - TRE ES 04 Drawh. By: R. PICK THISA MAPISFORY DIBCLAMER MBUALFURPOSESC ONLY. GITY OFI KINGSVILLE THENFORMATIONE ONTHISSHEETM MAY B lastUpdaté: 2/20/2025 COMARECIUNKISCKE THECITY OF KNGSVIEISNOT ERRORS. ENGINEERING DEPARTMENT CONTAINEDE RESPONSIE HEFTENPOAIATICN HEREINT ISUSEDR FORANY. ngsville 400. WI KingAve; Kingsville, TX78363 Note:Owmershipk slabeled DESIGNE CONSTRLCTEFINNGE BUILDING, Ofice: (361)595-8007 104. witht itsPropl ID. ORANYOTHERP PURPOSE. Fax (361)595-8064 AGENDA ITEM #2 Action Tiem-s SuP Cakno Planning and Development Services 410 W King 1 Kingsville, TX 78363 PH: 361-595-8055 Kingsville e * P L MEMO Date: April 17h, 2025 To: Charlie Sosa (Interim City Manager) From: Erik Spitzer (Director ofl Planning and Development Services) Subject: The City of] Kingsville Planning and Development Services Department is seeking approval from the City Commissioners and Mayor for a Special Use Permit (SUP) for a Wholesale Bakery (Tortilla Factory) at 3RD, Block 22, Lot 24-27, (Famosa Tortilla Factory), also known as 620 E. Alice. Ave., Kingsville, TX 78363 (Property ID 17385). Summary: Jose Flores and Jaime Flores, Applicants/Owners, approached the Planning Department on February 204, 2025, requesting approval of a Special Use Permit (SUP) to support re-opening a tortilla factory that was open for a 50 years at the parcel of land located at 620 E. Alice. The property has been vacant for 3 years and is located in the city's Historic District. Background: 620 E. Alice was recently purchased after remaining vacant for approximately 3 years. Itis currently zoned R1 (Single Family District). The most restrictive rezone that could be considered for the site for the intended purpose is C2 (Retail District) with a Special Use Permit for Wholesale Bakery use. Discussion: Referencing the City Attorney's memo from March 24th, 2025, "A wholesale bakery use is only allowed under the City's Code of Ordinances Zoning Land Use Chart in a C2 zoned area with a Special Use Permit. The Special Use Permit permits a particular zoning use while allowing the governing body to limit the exact type of use for the protection of the community and surrounding area. > The Planning and Zoning Commission meeting was held on April 16th, 2025, with 6 of 7 members in attendance. Members deliberated over the request to approve a Special Use Permit (SUP) to support re-opening a tortilla factory that was open for - 50 years at the parcel of land located at 620 E. Alice. 25 Notice Letters were sent out to neighbors within the 200 feet buffer and the city has received no feedback as of today. The Planning and Zoning Commission board members voted to recommend approval of a Special Use Permit (SUP) to support re-opening a tortilla factory. at 620 E. Alice. A recorded vote of all members present was taken and board members Steve Zamora, Larry Garcia, Rev. Idotha Battle, Debbie Tiffee, Mike Klepac and Krystal Emery all voted "YES." The meeting was adjourned at 7:10 p.m. The department recommends approval. Erik Spitzer Director of Planning and Development Services 1 Planhing and Developmént Servicés 410 W. King H Kingsville, TX7 78363. PH: 361-595-8055 Kingsville & : B MEMO Datè: April 9,2025 To: Planning & Zoning Commission From: Erik Spifzér (Director of Planning and Developmênt Serviçes) Subject: The City of Kingsville Planning and Development Services Department is seèking approval from the Planning & Zoning Commission to. àpprove. a Special Use Permit (SUP) fora Wholesale Bakery (Tortilla Factory) at. 3RD, Block 22, Lot 24-27, (Famosa Tortilla Factory), also knownas 620 E. Alice Ave.y) Kingsville, TX 78363 (Propèrty. ID 17385). Summary: Items 5 & 6: José Flores and Jaime Flores, Applicant/Owners, approached the Planning Department on Februaty 20-, 2025, requesting approval of à Special Use Permit (SUP) to support reopening a tortillà that was à factory open for 50 yeàrs at théj parcel ofland located at 6201 B. Alicè. Thé property has been vacant for 3 years and is located in thé city's Historic District, Background: fiems 5&6: 620 E Alice was. recently purchased after rémaining vacant. for approximâtely 3.years. It is currently. zoned RI (Single Family District). Thé most restrictivè rezonè thaf: could be considerèd for the site for the intended purpose is C2 (Rétail District) with a Special Use Permit: for Wholesale Bakery use. Discussion: Items 5 & 6: Referencing the City Attorey's memo from March 24t, 2025; "A wholesale bakèry use is only allowed under the City's Code bfOrdinances Zoning Land Use Chart in a C2 zoned area with a Special Use Permit. The Speçial Use Permit permits a particular zoning use while allowing the goyerning body to limit the éxact type of usé fort the protection ofthe community and surrounding area." Erik Spitzer Director of Planning and Deyelopment Seryices 1 108. CITY OF KINGSVILLE CIT) PLANNING AND ZONING DMSION Kingsville MASTER LAND USE APPLICATION email; hsals@dyphangull.com / Phone (361). 595-8055 PROPERTY INFORMATION: (Please PRINT or TYPE) Project Addrèss. L2o E Alice Nearest Intérsection 1Dst (Proposed) Subdivision Name Lot 34-a7 Block : a2 Legal Description; 3ed Bloake 25, lst 24-27 Lfamoss Toctille Pactay Existing Zoning Designation 21 Future Land Use. Plan Designation, C-2 OWNER/APPLICANT INFORMATION: (Please PRINT OrTYPE) Applicant/Authorized Agent Sose And Dine Floces Phone 361- 215-9449 Email Address (for project correspondence only): Mailing Address. 43 Ws Ave. A Gity kingsaille State, Ip Zip 78363 Property Owher, Taime Flores Phone, 361-215-9449 FAX Email Address (for project correspondençe only): Mailing Address Va) Ws Ae A Gity. kisgsle State 1p78363 Select appropriate processf for which approval is sought, Attach. completed. checklists.with this application. Annexation Request No Fee Preliminary Plat Fee Varies Administrative Appeal (ZBA). $250.00 Final Plat, Feè Varies Comp. Plan: Amendment Réquest, $250.00 Minor Plat. $100.00 Re-zoning Rèquest. $250 Re-plat $250.00 SUP Request/Renewal. $250 Vacating Plat $50.00. Zoning' Variance Request (ZBA). $250 Development Plat. $100.00 PUD Rèquest. $250 Subdivision Variance Request. $25.00 ea Pleasé provide al basic description ofthe proposed project: Would Fler to open Famoss Torllg Pctoly buts Zoned ZL Thr Buildias was uscd as7orEM Pactoly FDR AGMSA speaks ReloNE A AA AZ Ihereby certifyt that I am the owner and lor duly authorized agent of the owner for the purposès of this application. Ifurther certify that! have read and, examined this application and know the same to be true and correct. Ifany of the information provided on this application is incorrect the permit or approval may be revoked. < Applicant's! Signature Date: Zo 6B 2025 Property Owner's sienture Date: Accepted by: Date: 20 6B 2625 This form available or. durt wwebsite: AEAX7 Last rèvised 10. Jun 2024 109. 2/20/25, 4:01 PM Keberg CADProperty Séarch Kleberg CAD Property Search Property Details. Account Property ID: 17385 Geographic ID: 100502224000192 Type: R Zoning: R1 Property Use: Location Situs Address: 620 E ALICE Map ID: C1 Mapsco: Legal Description: 3RD, BLOCK: 22, LOT 24-27, (FAMOSA TORTILLA FACTORY) AbstractSubdivision: S005 Neighborhood: Owner Owiner ID: 15566 Name: LA FAMOSA DRC INC Agent: Mailing Address: 620 E. ALICE. AVE KINGSVILLE, TX: 78363-4637 % Ownership: 100.0% Exemptions: For privacy reasons not all éxémptions are shown online. ORCE PropertyValues Improvement Homésite Value: $0 (+) improvement Non-Homesite Value: $127,130 (+) Land Homesite Value: $0 (+) Land Non-Homesite Value: $15,000 (4) Agricuitural Market Valuation: $0 (+) Market Value: $142,130 (-) Agricultural Value Loss:e $0 () Appraised Value: $142,130 (=) HS Cap Loss: e $0 () Circuit Breaker: e $0 (-) pslesearh.eberycadapepey/T3857phveu-detsl 15 110. 2/20/25, 4:01 PM Keberg CAD'Properly Search Assessed. Value: $142,130 Ag Usé Value: $0 Information provided for research purposes only. Legal descriptions and acreage amounts are. for Appraisal District usè orily and should: be vérified prior to using for legal. purpose and or documents. Please contact the Appraisal District to verify all information for accuracy. Property Taxing. Jurisdiction Owner: LA FAMOSA DRG INC %Ownership: 100.0% Entity Description Tax Rate Market Value. Taxable Value Estimated Tax GKL KLEBERG COUNTY 0.771870 $142,130 $142,130 $1,097.06 CKI CITY OF KINGSVILLE 0.770000 $142,130 $142,130 $1,094.40 SKI KINGSVILLE I.S.D, 1,410400 $142,130 $142,130. $2,004.60 WST SOUTH TEXAS WATER: AUTHORITY 0.065695 $142,130 $142,130 $93.37 CAD KLEBERG COUNTY APPRAISAL DISTRICT 0.000000 $142,130 $142,130 $0.00 Total Tax Rate: 3:017965. Estimated Taxes With Exemptions: $4,289.43 Estimated Taxes Without Exemptions: $4,289.43 htpslegarehAebepanaypeya.eMT.385pmnbvew-dest 2511. 2/20/25, 4:01 PM Kleberg CAD Property Search - - Property. Improvement. - Building Type: COMMERCIAL Living Area: 520.0 sqft Value: $22,380 Type Déscription Class CD Year Built SQFT MA MAIN: AREA RS2A 1970. 520 OP1 OPEN PORCH BASIC (20%) 1970 120 CON. CONGRETE SLAB: COMMERCIAL 1970 3554 Type: COMMERCIAL Living Area: 3480.0 sqft Value: $104,750 Type Description Class CD Year Built SQFT MA MAIN AREA IN2A 1970 3480 Property Land Type Description Acreage Sqft Eff Front Eff Depth Market Value Prod. Value F1 F1 0.32 14,000.00 100.00 140.00 $15,000 $0 psleseach.eberg.adapPye.ai785Ppintlew-deal 3/5 112. 2/20/25, 4:01 PM Kleberg CAD Property Search Property Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Loss Assessed 2024 $127,130 $15,000 $0 $142,130 $0 $142,130 2023 $129,330 $15,000 $0 $144,330 $0 $144,330 2022 $113,590 $7,000 $0 $120,590 $0 $120,590 2021 $121,540 $7,000 $0 $128,540 $0 $128,540 2020 $52,010 $7,000 $0 $59,010 $0 $59,010 2019 $59,460 $7,000 $0 $66,460 $0 $66,460 2018 $61,500 $7,000 $0 $68,500 $0 $68,500 2017 $56,110 $7,000 $0 $63,110 $0 $63,110 2016 $54,510 $7,000 $0 $61,510 $0 $61,510 tpslessarrebergeadoypopew.et75ptnveardata: 4/5 113. WRITTEN CONSENTTO USE OF SIMILAR ENTTTYNAME of LAI FAMOSA DRC,INC. a Texas corpotation Thisy written consentis made and tenderedios accordance with 1Texas Administrative Code 79.42 to provide unequivocal consent toJose L. Flores and/or Jaime. Antonio Flores, or either of them, their agents, and assigns, fhe right to use the natne "LA FAMOSA DRC" in the creation of any other entity authorized by the Iaws ofany palitical subdivision ofthe United States, incuding but not limited to the creation oftheirg planned limited liability company to be created under the lws oft the State ofTeras or INWITNESS WHEREOF, thet undersigned officer authorized by the Companyins acconlance with a unanimous resohution of all shareholdets ofthe Company, executes this written consent in the presence to be effectiveimmediatiy. Bchi fon Rosal Maria Tomes, its Vice President STATE OF TEXAS S S COUNTYOF - S Thisi instrument was acknowledged! before mei on, Josurn 17 2025, by Rosa Mariz Flores, Vice President ofLa Famosa DRC, LLC, a Texas corporation, on behalf ofsaid corporation. ANTONIO ARREDONDO Notary Public, Stece pl Texas Notary Public, State ofTexas Comm. Expires 05-10-2026 My commission expires: sliofzdy Notary 0 131562673 114. 2/20/25, 4:11 PM Kingsville; TX Codeof Ordinances APPENDIXA. -LAND USE CATEGORIES s as e ESE sWC qured equired e OERRIeRESNS apol [Land Usé Chart on the following pages] Land Use Chart Laind Use R1 R2 R2A R3 R4 MH C1 C2 C3 C4 11 12 Ag Description Dwelling, one-family P P P P P P P P P det. Dwelling, one-family P P P P S P P att. Dwelling, two-family P P P S P Dwelling, multi- P P P P P family Tiny Homes P P P aboutblank 1/21 115. or P P D confectionery shop, retail sales (less than 2,500 square feet) S aken wdlesdle P P Brewpub P S P P P Building materials S P P S sales - Cateteraon E a estaurant 1 Camera shop S P P P Layndry or self- S P P P service laundry shop (limited area) Clinic, medical, S P P P P dertal, chiropractor, optometrist or other office of licensed Health related profession Drug store or P P P P pharmacy aboutblank 11/21 116. Corporations Section Jane Nelson P.O.Box 13697 Secretary of State Anstin, Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF FILING OF La Famosa DRC, LLC File Number: 805863291 The undersigned, as Secretary of State ofTexas, hereby certifies that a Certificate of Formation for the above: named Domestic Limited Liability Company (LLC) has been received in this office and has been found to conform to the applicable provisions oflaw. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, herebyi issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name. Act, orthe common law. Dated: 01/17/2025 Effective: 01/17/2025 ANTE Op - eln Jane Nelson Secretary of State Come visit us on the internet at Ampe.mw-sgioasgow Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Stacey Ybarra TID: 10306 Document: 1444252440002 117. City of Kingsville Legal Departmènt TO: Erik Spitzer, Director of Planning and Development Services CC: Charlie Sosa, Interim City Manager FROM: Courtney Alvarez, City Attomey DATE: March 24, 2025 SUBJECT: Zoning: at 620 E. Alice Summary: An ordinance to request the rezone of 620 E. Alice, Kingsville, Texas from R1 (Residential Use) to C2 (Commercial Use) and for an ordinance to request à Special Use Permit for à Wholesale Bakery Use in G2 can move forward to the Planning & Zoning Commission and the City Commission for consideration. Background: The propêrty located at 620 E. Alice, Kingsville, Texas was thé site of a tortilla factory (Wholesale Bakery Use) from approximately 1970-2020. Recently, the property was sold ànd the new owner wishés to reopen the tortilla factory at that sité. When the new owner came. to the Planning Department for permnits, it was discovéred that City records show 620 E, Alice to be zonéd R1 (Residential Use) despite the fifty-year long commercial use at that location. Texas state law. sets out the. process for rezoning a property. That process is codified in the City of Kingsville's Code of Ordinances. Hherezoning OE properlyTvalves a specic process and thes analysis a Varietyof factors The rezoning of a property from R1 to G2 inal largely residential area would typically raise concerns of spotz zoning. However, an analysis of all the facts surrounding ar rezone should be considéred before. making à final decision. In this instance, the commercial use requested (Wholesale Bakery Use)st the sameas : thesone that existed for at least fiftyy years athslocation, Theré is another non- residential use on the same block at the properly proposed for rezone. Several commercially zoned properties exist within two blocks of the property proposed for rezone. TT Kingsville 118. City of Kingsville Legal Department The property proposed for rezone existed as à fortilla factory this same site, o F aes B BFop wer for at. least fifty years àt Maluationsofs suoudg prop thatsimpact RSSSN twoulda haveaready tae. Wnenthe poruse se unikevinati erewould bes anatveseimpact beendone ons neighboring andsinces an xisted atthesiefor.five decades. The property in question is within the City's Historical District. When the tortilla lactory first at this site in 1970, thè area was geared foward uses that largely served Hispanic opèned persons and commerce as pockets of commerce existed to serve different neighborhoods a time nile ay changed dunng e at that S 6 es des ousmes sorrisgnticanter tothe actoryioperated atthis The proposed. Tezone could be viewed as serving communtsshouidy a substantial not e overlooked opening the factory could increase employment and incréasé sale public tax revenues. purpose as Had re- the same use not rècently existed at this sité for fifly years, then the analysis be different: might The most restrictive rezone. that çould be considered for the site for the intended purpose. is C2 (Commercial Use) with à Special Use Permit for Wholesalé Bakèry Use. A wholesalé bakéry use is only allowed under the City's Code of Ordinarices Land Use Chart in a C2 zoned areà with a Special Use Permit, The Special Use Zoning Pérmit permits. a particular zoning use while allowing the govèming body to limit the éxact of use for the protection oft the community and surrounding area. type Financial Impact: There is no expense to the City by considering and approving the requested actions. Recommendation: Allowr the process to move forward following state law and city ordinances sO that the Planning and Zoning Commission and City Commission can determine whether to allow the proposed zoning changes (rezone from R1 to G2 & a Special Use Permit for Wholesale Bakery Use) to the site. E - Kingsyille TE 119. 31uctu5, HNBAEH :V 301 KSSRIBSNEE Raul GLongoria Ruben G; Soliz Gregorio Islas ETAL 1624: N Armstrong Ave ETUX Teodula (Life EST) 8281 NI Reynalds Kingsville, TX 78363 Francisco El Romero Alice, TX' 78332 #22680 621 E Alice_Ave #12769 Kingsville, TX' 78363 #13067 Guillermo Gonzalez Francisco P Chapa Est Francisco El Romero ETUX Brenda Gonzalez Mrs. Yolanda R Torres 621 E. Alice Ave 528 E Alice Ave PO Box 290 Kingsville, TX 78363 Kingsville, TX 78364 Kingsville, TX 78363 #10307 #15095 #12266 Ruben R Est Belinda JLopez Michael W. Bars Melinda Kerwin 9699 Southmeadow 823 S: 23i St 9161 ES Santa Gertrudis Beammont, TX 77706 Kingsville, 78363 Kingsville, TX 78363 TX #17256 #23441 #11452 Maria I Garcia David Michael Isassi Michael W. Bars 603 E. Richard 1631 Comnell Villa 823 S: 23rd St Kingsville, TX 78363 Kingsville, TX 78363 TX' 78363 #17279 Kingsville, #24203 #10672 Frances Olivarez Eliseo M' Torres Jose. Arturo Rodriguez 2241 E Richard Ave 6201 E Alice. Ave ETUX: Rosa Laura Kingsville, TX 78363 Kingsville, TX 78363 6071 E. Alice Ave #18035 #24983 Kingsville, TX 78363 #25983 Frances Olivarez John Edward Cadriel 224. E Richard Ave 1949 Zemaida Ave Kingsville, TX 78363 McAllen, TX 78504-5626 #18815 #18916 Frances T Olivarez Daniel Avendano 611 E Richard Ave ETUX Idalia Kingsville, TX 78363 8001 Morelos St #19595 Pharr, TX 78577-8705 #11167 Manuel Trevino EST KISD ETUX Esabel EST % Nelda. Aguilar PO Box 871 1301 Clearfield Dr Kingsville, TX 78364 Austin, TX 78758-7314 #22290 #20390 Eduardo Gonzalez Yolanda Saenz Oralia Gonzalez 74 Lake Shore DR 701 EI Richard Corpus Christi, TX 78413-2634 Kingsville, TX' 78363 #18175 #13474 Laura LI Elizondo Kleberg County Garrick A Phillips POI Bor 72 603 EA Alice. Ave Kingsville, TX 78364 Kingsville, TX 78363 #15901 #25215 121. E: et ASSAV :e 14TEKAssuFisb NEWS APL3,2025 Bishop CISD school board elections scheduled - Obituaries forl May3, early votingl begins April 22 Bylsdiuini cy srs Bhp Mis, thes d df'Blhop falie De Reporte Fis Pins Schosl, whE Iaprel an SRO CATtHTIeD heBfliop CIsD shna Bart na Cente b& E Beln Castmuniy dimacefin fort the Bats obn AD the! laaPrbtan thira witp punee other E thtw willtalp plicdas Stir CCC optians n lal Plcz ictbenr od Mur- EEL Tatiehtes IBYIe Cerpurchtt. the shilbaini ild ttfar dez 255 finalyeat. dten segu- à P AE dipin BX the tt t Bgt Frdustor and be lookiag ints" la Phace 61 Dais Ci Mtd anpalpro gunbine - - vaimgh who ke hzih. mt T fasrytal diersigni aced dhilleger Bb ao the's sup taadfcido Casi Rigan Merilaihs - intindent to E aa aetitans Bsukeh dfbite cach Eafmingwillegad dn Apizz-. whi ranled FrL the - l theVilly. a5f fa aspaile ter aremalat Elemtrn- Bihep CI5D blrely sivenhins APaz 28 aM436 fvelin n frthe Bad aamiree coord- to7pm he boarda alad discused the-MOU mitorper ition.. s Annes Jane Sellers Keese Cdtobers, 36-Manf28? 2025 Eighth Annual Easter Jine Sellers Rives MhErE shs Ident ese e jane nd1 Deletl Miton, husbind, Kese set Ts andlongttme mem - Eggstrpagarzas wedevated resident of hres bes She coal4 sd nE bhe fn a Falr Fast Riverse AWy Toas be fona fa Hh ez Caymr gt Ktitien E - FOTicE Mrh E BEdfastz hr 1 E ApD EE MI Cyis comim n 5 e fis y E K Cat Cats E Ts ad dundh Cany Ally K ip Ss ts had he a - Eh e - fopy thE in s BeT snefort rt t n - by her E E Indesth! 2 hank ponde 5 o 8, ber - A ay y & 3 Sell - Care a t n a her. beloved a a Salléri E and E a Ctherine, Gase Ee E tan Keese Jame M- Jine The fimily; E amon) Filday Ap4., Tux Fe 6 TipEM E Mith a dmpa servic 1030 E7 by Rife / D Gts mny sndine ill foflov - Ame à CE ln E etely Kgville, - - fouch E % fmily, Nouid - wilhl likety thmnkher love feaching jm ing cargivers fmm - E Pc E r students Hemis, fhat evident E Handeru bert life care ! hernt few yEnSou E never bet E ofen silln for - EE Ber Mhet: gotet she retimed to In-T lleg of for peca dorations e mdet tos E Folowing. bgr i CHe nt Boy Scouts take time to help The Purple Door Bon - Beville lane Taas Ames re of hert line commibrient Rys StT Tmp IptE TPpED Daiyis atie demated Tairier #i a! at to and edu- tsd Ti L amg thement f tistig Church of Three E ikdaCaedat Apni Sark Assinlt cation E Ame mente Allicmdo sementt TAIRIABTA PURe Door Can piglo) E S E MRICIENEROTCES EE - PUBLICE HEARINGI NOTICE TheHm 5 Zonng CoumOIEL daGyafkmE llewil hold The Flaming & Zonimg Commsim dfthe City ofKmpville will-E bold a L : Wetn AESUR u 1 whereiat the Public Hearing Wedredy, April 16, 2025AE.600 Em. witrin the Commi on l discs 4 andort tic actiona an the tolowng item and't Commisioni will discussa andart take aionont the fbliowing Remrand at wi fmelT ante peos Wibcheint whicht time all interestedp persons wilbeb bean JosEFlores dhe FTEAppCtOn approvai JoseFlares and. Jiime FArApcatOMENN requestinga approyal dspcniu BLT UTartE Factory) BER-Zoalsg from R-I (SapleF Family)to CRetain TorWaglesalé RERDE G3RD Blockz 111U Tort Factary) Bakeryt Use (Tortilla Factoryl at3RD, Block 22, Lat7417Fms aba rwn as 628 EAlice Tortillz Factory) ikro kgwa. as 620 Alice Ave, 17385 E a 2 : 78363 E Klapvile, TX : a - - : 5 ok (FrepertyD17385 Then mecting 1I ber eatay all 400. West ve m 4 gyville, Themsetingwils beheld*CyHL 400 Ae, Bi WeitKingA Kingvile, pin! theE enss S Gmves Sorr V TXinthe Felen RebegGrwe Caminity aus 5 her thE E Room lfyouh haveary 3R timt questionsa aboutt theitinuant theigendapleased contact! thei Planning Depirment 455.405 Department (3615 595-8055. CENENOTE PUBLICI HEARINGI NOTICE. Tedly Conin BRE hoidz E TCCanisinno oflieCitye ofKingsvilley willholdaPublie Heirtig MyArt SW CIET Cy wil Monday, Apil23, 2075.5 5:00 p.m Whceint the Cilyo Comimisioa wil di fn a ton of tc C all discuss fhe cousideration ofuet folowing iten and a which time al F ons EbC E : intertstedpeyons wilbeherd J m sor Applic H B est ing spproval JateFlares apd Jaime FbAgNatDHani réguestig as approvit B Pemit Hho biietry) otRE-Zoning fmm R-I (Single FeCie)brA Wholesale iC20 RttRD, F TB TAtl ctory), Bakery Use (Tarils) Fictory) AtRD, Block 22, Lat 24-77,(Pamoss E Eo a a 70E ACEA E pvE Rtp Tartila Factorh ilso known as 620 E. Alice Ave., Kingivile, TX 1755 78363 (Property mi 17385). Tbe al5 400 West m vile, The piciting will be held at. City Hall, 4co West king Ave, o Kingviles, Terai oves y Room you rave any. Texas m fe Helen Klebg Groves Commanity Rogm, Ifyoul ary. e havea REn p cnt rtry. questiensa abautt tigitemsa oihca agnds,p plessécoatacrt the Citys Setietary #61)595-800Z 122. PUBLIC HEARING NOTICE The Planning & Zoning Commission of the City ofl Kingsville will hold a Public Hearing Wednesday, April 16, 2025, at 6:00 p.m. wherein the Commission will discuss and/or take action on the following item and at which time all interested persons will be heard: Jose Flores and Jaime Flores, Applicant/Owners; requesting approval of a Special Use Permit for a Wholesale Bakery Use (Tortilla Factory). in C-2 (Retail) at3RD, Block 22, Lot 24-27, (Famosa Tortilla Factory), also known as 620 E. Alice Ave., Kingsville, TX 78363 (Property ID 17385). The meeting will be held at City Hall, 400 West King Ave., Kingsville, TX in the Helen Kleberg Groves Community Room. If you have any questions about the items on the agenda, please contact the Planning Department at (361) 595-8055. PUBLIC HEARING NOTICE The City Commission of the City ofKingsville will hold a Public Hearing Monday, April 28, 2025, at 5:00 p.m. wherein the City Commission will discuss the consideration oft the following item and at which time all interested persons will be heard: Jose Flores and Jaime Flores, Applicant/Owners; requesting approval of a Special Use Permit for a Wholesale Bakery Use (Tortilla Factory) in C-2 (Retail) at3RD, 3 Block 22, Lot 24-27, (Famosa Tortilla Factory), also known as 620 E. Alice. Ave., Kingsville, TX 78363 (Property ID 17385). The: meeting will be held at City Hall, 400 West King Ave., Kingsville, Texas in the Helen Kleberg Groves Community Room. If you have any questions about the items on the agenda, please contact the City Secretary at (361) 595-8002. ORDINANCE NO. 2025- AMENDING THE ZONING ORDINANCE BY GRANTING A SPECIAL USE PERMIT FOR WHOLESALE BAKERY USE (TORTILLA FACTORY) IN C2 (RETAIL DISTRICT) AT 620 E. ALICE AVE., KINGSVILLE, TEXAS, ALSO KNOWN AS 3RD, BLOCK 22, LOT 24-27 (PROPERTY ID 17385); AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION. WHEREAS, the Planning & Zoning Commission has forwarded to the City Commission it's reports and recommendations concerning the application of Jose Flores & Jaime Flores, property owners/ applicants, for amendment to the zoning map of the City of Kingsville; WHEREAS, the property was recently zoned R1-Single Family Residential District but was rezoned to C2-Retail District and iti is desired for the area to be used as a wholesale bakery use (tortilla factory), which is the same use that had existed at this same location for at least fifty years up until about three years ago; WHEREAS, there are other non-residential uses on this block and several other uses within two blocks oft this previous existing use, and while notice letters were sent to neighbors and a notice was published in the newspaper, no one has contacted city staff about this; WHEREAS, the City Code of Ordinances, Chapter XV-Land Usage, Appendix A- Land Use Categories states that in C2 a special use permit is required to have a wholesale bakery use (tortilla factory); and WHEREAS, the City of Kingsville Code of Ordinances section 15-6-142 regulates special use permits; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 16, 2025, during a meeting of the Planning & Zoning Commission, and on Monday, April 28, 2025, during a meeting of the City Commission, in the Helen Kleberg Groves Community Room/Commission Chambers, at City Hall, in the City of Kingsville, during which all interested persons were allowed to appear and be heard; and WHEREAS, a majority ofthe Planning & Zoning Commission voted 6-0.to. APPROVE, with no abstentions, the requested special use permit; and WHEREAS, the City Commission has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Kingsville and its citizens. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF KINGSVILLE, TEXAS: SECTION 1. Thati the Zoning Ordinance ofthe City ofKingsville, Texas, is amended and a Special Use Permit is granted for a Wholesale Bakery Use (tortilla factory) in C2 (Retail District) ont the premises known as 620 E. Alice Ave., Kingsville, Texas, also known as 3RD, Block 22, Lot 24-27 (Property ID 17385), as more specifically describe on site plan attached as Exhibit A. SECTION: 2. That the Special Use Permit granted in Section 1 of this Ordinance is subject the following conditions: 1. ALLOWED USE: The only uses authorized by this Special Permit other than the permitted "C2" Retail District uses is as a Wholesale Bakery Use (tortilla factory). 2. STATE LICENSE: The premises or operator be licensed or registered by the State of Texas, if required. 3. TIMEI LIMIT: This Special Permit is good fort the duration of the business from the date of this ordinance unless the property is not being used for the purpose outlined in Condition 1 or any other conditions have not been complied with. 4.SPECIAL CONDITION: The applicant shall obtain all required background checks, business licenses and cooperation with all annual fire safety, health, and sanitation inspections, as required by the State and the City of Kingsville, and any other laws or regulations regarding such business in order to maintain compliance with state and city regulations for the tortilla factory. SECTION 3. That the official Zoning Map of the City of Kingsville, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Kingsville, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. Thati to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Kingsville as required by the City Charter of the City of Kingsville. INTRODUCED on this the 28th day of April, 2025. 2 PASSED AND APPROVED on this the 12th day of May 2025. Effective Date: 202 THE CITY OF KINGSVILLE Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 3 200-FT Buffer at Prop ID: 17385 25068 a e 8 - B 3 11391 - 8 E : ERichardAvo - 7 - a 17279 - - - . - 2 1167 - 17385 19943 - a - Alce/ Ave - 2769 15901 5 e 8 18532 - $ Legend 2 Prop D 17385-620 E. Alice Ave ELCOAVP EEF 4 Propi D 173852 2001 FT Buffer 11101 5 Ownership-Labeled by Property D' 3505 25789 16689 R. 1233 42045 E 4S os y SEE EE : Drawn By: R.F PICK THIS MESRVTSEONY OECLAMER: : GITY THE COAAINCCIRKCEBORE INFORATIONC ONTHSSHEET ERRORS.. MAY FY OFKINGSVLLE : last Updâte: 2/20/2025 THECTY OF KINGSVILE! IBNOT ENGINERNEDEPIRTIENT CONTAINED! REBF HEREIN BLEFTHEN SUSED NFORIATION FORANY nosville 400WK Kng Ave; Kingsvile, TX78363 Nor:Omerhipshbeed witht RSF PropiD. DEBIGN CONSTRUCTON, ORANFOTHERI PLANNENG, PURPOSE BUIDNG, Oftice: Fax (361) (361)595-8007 )595-8064 120. AGENDA ITEM #3 Aenon Dem - SuP pole Planning and Development Services 410 W: King CITY Kingsville, TX 78363 PH: 361-595-8055 Kngsyille 6 MEMO Date: April 17th, 2025 To: Charlie Sosa (Interim City Manager) From: Erik Spitzer (Director of] Planning and Development Services) Subject: The City of] Kingsville Planning and Development Services. Department is seeking approval from the City Commissioners and Mayor for a Special Use Permit for a Wireless Telecommunications Facility with a 120' monopole antenna in C4 (Commercial) ofPaulson's SUB, Lot B, Acres .0, also known as 1025 E General Cavazos, Kingsville, TX' 78363 (Property ID 25758). Summary: Vincent Gerard & Associates, Applicant and Robert De Pol, Owner, approached the Planning Department on March 17th, 2025, requesting approval of a Special Use Permit for a Wireless Telecommunications Facility with a 120' monopole antenna in C4 (Commercial) of Paulson's SUB, Lot B, Acres .0, also known as 1025 E General Cavazos, Kingsville, TX 78363 (Property ID 25758). Background: In accordance with the City of Kingsville's Land Use Chart, telecommunication mounting structures over 100' tall require a Special Use Exception (SUE); we accomplish this requirement with a Special Use Permit (SUP) application. Discussion: AT&T Mobility is proposing a wireless site at 1025 E General Cavazos, Kingsville, TX 78363 (Property ID 25758) to improve coverage in the area. AT&T radio frequency engineers have received numerous complaints from NAS Kingsville customers. This solution will benefit both NAS Kingsville and existing interior sites within the City of Kingsville. An existing monopole antenna located approximately 2300' northwest (owned by Cellco) has zero additional ground space for increasing capacity, nor does it have adequate height to optimize coverage. This proposed unmanned site will be accessed once per month by a maintenance worker. In addition, the FAA confirmed the future planned structure would not exceed obstruction standards, nor would be a hazard to air navigation. The request also has approval recommendation from Commander, Training Air Wing TWO. The Planning and Zoning Commission meeting was held on. April 16th, 2025, with 6 of7 members in attendance. Members deliberated over the request to recommend approval of a Special Use Permit for a Wireless Telecommunications Facility with a 120' monopole antenna at 1025 E General Cavazos, Kingsville, TX 78363. 5 Notice Letters were. sent out to neighbors within the 200 feet buffer and the city has received no feedback as oft today. The Planning and Zoning Commission board members voted to approve the recommendation of a Special Use Permit for a Wireless Telecommunications Facility with a 120' monopole antenna at 1025 E General Cavazos, Kingsville, TX 78363. A recorded vote of all members present was taken and board members Steve Zamora, Larry Garcia, Rev. Idotha Battle, Debbie Tiffee, Mike Klepac and Krystal Emery all voted "YES." The meeting was adjourned at 7:10 p.m. 1 The department recommends approval. Erik Spitzer Director of Planning and Development Services 2 Planining and) DévelopmentServics 4101 W King: KingsvilleTX 78363: PH361-595-8055 Nnosville B MEMO Daté: April gt, 2025 To: Planning & Zoning Commission From: Erik Spitzer (Director ofPlanning and. DevelopmentServies) Subject: The City of Kingsville Planning and Devélopment Sérvices Departmienti is seeking approval from the Planning & Zoning Commissionfor: a Special Use Permit for a Wireless Telecommumications Façility with 120: Monopole in C4 (Commercial) ofPaulson's SUB, Lot] B, Acres 0; also known as 1025 E General Cavazos, Kingsville;, TX 78363 (Property ID 25758). Summary: liems 1 & 2: Vincent Gerard & Associates, Applicant and Robert Dé Pol, Owner, approachèd the Planning Department on March 17, 2025, requesting approval ofa Special Use Permit for a Wireless Teiecomrunications) Facility with a 120 Monopole in €4 (Commercial) of Paulson's SUB, Lot. B, Acrès 0, also known as: 1025. E General Cavazos, Kingsville, TX 78363 (Property ID 25758). Background; Hers I & 2: In accordance with the City of Kingsville's Land Use Chart, telecommunication mounting structures over I00 tall require a Special Use Exception (SUE); we accomplish this requirement withr a Special Use Permit (SUP)application. Discussion: liems 1 &2: AT&T Mobility is proposing a wirelèss sité at 1025 E. Géneral Cavazos, Kingsville, TX 78363 (Property DD 25758) to improve: coverage in fhe area. AT&T radio frequericy engineers. havé. rèceived. nimerous complaints from. NAS Kingsville customers. This. solution will benefit both. NAS and existing intérior sifes within the City of Kingsville. An existing monopole antenna located approximately 2300 torthwest (owned by Cellco) has zèro additional ground space for increasing capacity, nor does it haye adequate height to optimize çoverage. This urmanned site will be accessed oncé per month by a mainfenance workèr. Ii addition, the FAA confirmed proposed futuré structure the planned would not exceed obstruction standards, nor would bè àl hazard to air nàvigation. Erik Spitzer Director ofPlaming and Devélopment Services 1 7. CIIY OF KINGSVILLE PLANNING AND ZONING DIVISION Kingsville MASTER APPLICATION email: hsalsdtyakingeMle.com. / Phone (361) 595-8055 PROPERTY INFORMATION: (Please. PRINT or TYPE) Project Address 2025 E GENERAL CAVAZOS BLVD Nearest Intérsection PAULSON FALLSE FDREGENERAL CAVAZOS (Proposed). Subdivision Name. PAULSONS SUB Lot B. Block Legal Description, PAULSONS SUB. LOT B, ACRES, ,0 Existing Zoning Designation C4 COMMERCIAL DISTRICT Future Land Usè Plan Designation OWNER/APPLICANT INFORMATION: (Please PRINT or TYPE) Applicant/Authorized Agent, VINCENT GERARD & ASSOCIATES Phone 512-328-2693 Email Address (for project correspondençe only): MNTEBPVACPMTCEMADCONA Mailing Address 5524 Bee Caves. Road #K4 CityAustin Stâte TX Zip78746 Property Qwrier DE POLI ROBERT Phone FAX, Email Address (for project correspondênce only): Mailing. Address. 1702 E 5TH ST. City, PALMÈTTO State FL. Zip34221 Select appropriate processfor which approval is; sought. Attach completed: checklists with this application, Annexation Request No Fee Préliminary Plat Fee Varies Administrative, Appeal (ZBA). $250.00 Final Plat Fee Varies Comp. Plan Améndment Request $250.00 Minor Plat $100.00 Re-zoning Request $250 Re-plat $250.00 SUP Request/Renewal. $250 Vacating Plat $50.00 Zoning Variance: Request (2BA). $250 Devélopment Plat $100.00 PUD Request. $250 Subdivision Variarice Request $25.00 ea Please provide a basic description oft the proposed project: PROPOSED MRESTEIECMENCATONE FACILITYWITH: 120 MONOPOLE, AND. EQUIPMENT. TXDOT DRIVEWAY PERMIT PENDING, Ihereby certify that am the owner: and /or duly authorized agent of the owner for the purposes of this application. Ifurther certify that have read and examined this application and know the same to be true and correct. Ifany of the information provided on this application is incorrect the permit or approval may be revoked.. Applicant's Signature Date: 3/17/2025 Property Owner's Signaturt LOA PROVIDED WITH APPLICATION Date: Accepted. by: Datè: 19 MAR 2025 This form available on ouri websle: yawXT 8. 3/17/25,4:34 PM Kléberg CAD Property Search Kleberg CADP Property Search Property Details Account Properly ID: 25758 Geographic ID: 152700002000192 Type: R Zoning: Property Usé: Loçation Situs: Address: 2029 E GENERALCAVAZOS TX Mapi ID: B2 Mapsco: Legal Description: PAULSON'S: SUB, LOT B, ACRES .0 AbstradtSubdivision: S527 Neighborhpod: Owner Ownet ID: 65801 Namé: DE POL BOBERT Agent: Mailing Address: 1702 E 5TH ST PALMETTO, FL 34221 % Ownership: 100.0% Exemptions: For privacy reasons not all exemptions are shown online. Property Values Improvemerit! Homesite Value: $O() Improvement: Non-Homesite Value: $0(+) Lànd Homesite Valué: $O(+) Land Non-Homesite Value: $22,470 (+) Agricultural Market Valuation: $0(+) Market Value: $22,470 () Agricultural Value Loss:0 $0() Appraised Value:0 $22,470. () HS Cap Loss: e $0 (-) Circuit Bréaker: e $2,886 () Assessed. Valué: $19,584 Ag Use Value: $0 Information" provided for résearch purposes only. Legal descriptions and. acréage amounts are for Appraisal District use only and should! be verified prior to using for legàl purpose and or documenits. Please contact the Appraisai tpslessarch.kebepenle23y758Pphmtewrdeail 1/4 9. 3/17/25, 4:34 PM Kleberg CAD Properly Search Districtto vérify alli information" foraccuiracy. Property Taxing. Jurisdiction Owner: DE POL ROBERT 90wnership: 100.0% Entity Description Tax Rate' Market Valué. Taxable. Value Estimated Tax: GKL KLEBERGCOUNTY 0771870 $22,470 $19,584. $151.16 CKI CITY OFI KINGSVILLE 0.770000' $22,470 $19,584 $150.80 SKI KINGSVILLE S.D. 1.410400 $22,470 $19,584 $276,21 WST SOUTH TEXAS WATERALTHORITY 0.065695 $22,470 i, $19,584 $12.87 CAD KEEBERG COUNTY APPRAISAL DISTRICT 0.000000. $22,470 $19,584 $0.00 Total Tax Rate: 3.017965 Estimated Taxes With Exemptions: $591.04 Estimatèd Taxes Without Exemptions: $678.14 hapsesearh.ebergeapandapopeve25y88Ppipviev-detal 2/4 10. 3/17/25. 4:34 PM Kleberg CAD Property Search Property Land Type Description Acreage Sqft Eff Front Eff Depth Market' Value Prod. Value C1 C1 0.93 40,510.80 0.00 0.00 $22,470 $0 pslesearchalebeyeadapepes..298Pphmtieurdeait 3/4 11. 3/17/25, 4:341 PM Kéberg ÇADJ Property Search Property Roll Valuè History Year Improvements Land Markêt. Ag Valuation Appraised HS Cap Loss: Assessed 2024 $0 $22,470 $0 $22,470 $0 $19,584 2023 $0: $16,320 $0. $16,320 $0 $16,320 2022 $14,930 $14,930 $0 $14,930 2021 $15,000. $0 $15,000 $0 $15,000 2020 $0 $13,700. $0 $13,700 $0 $13,700 2019 $0. $9;300 $0: $9,300 $0 $9,300 2018 $0 $9,300 $0 $9,300 $0 $9,300 2017 $0 $9,300 $0 $9,300 $0 $9,300 2016 $9,300 $0 $9,300 $9,300 Property Deed History Deed Type Description Grantor Grantée Volume Page Number Date 3/5/2019 WD WARRANTY DEED JOHNSON, JOE DE POL 317522. VAUGHN ROBERT 5/12/2008 WDWIASMP WARRANTY DEED. JOHNSON JOE JOHNSONJOE 390 270 WIASSUMPTION V VAUGHN mtpslessar.neberpeadayoPev.Ma25758pineurdeal 414 12., IKNAU, IV, 1y ruvr p Sec. 1. Land use chart. The following chart shall sét Outthe land uses within the city: P= Permitted S = Special use permitrequired X: = Special révièw réquired = Not permitted (absence ofa ahysymbol) [Land Use Charton thé following pagés] Land Use Chart E LandUse R1 R2 R2A R3 R4 MH C1 C2 C3 11 12 Ag Description - 45 a - Dwelling; one-family P P P P P P P P P det, Dwelling, one-family P P P P S P P att, Dwelling, two-family P P P S P Dwelling, multi- P P P P P family Tiny Homes P P P Dwelling, above P businéss Work/live units P aboutblank 1/21 13. 1/27/25, 10:13AM Kingsville, TX Codé ofc Ordinancas Radio, television or P P P P P P P P P microwave towers (without telecommunications facility) eletormunitations. Asper FAS Appendix GTelecen BAEAIESURReZNRE 9 E Ordmnanced Commercial radio or S S S S S S P P P P P P telévision transmitting Sewage or water P P P P P P P P P P P P pumping and control stations Railroad tracks and P P P P P P P P P P P P right-of-way Telephonè businéss Exempt, see Tex. Loc. Gov't Code, SS 51.001 and 54.001 office Telephone S S S S P P P P P P P P switching, relay, and transmitting equipment ahhuf-hiank 14. 3/79140, :SYAM Kirigsvillé, TX Codeldfo Ordinançes Sec. 15-6-142.-5 Special use permits. (A) All requèsts for permits in districts which involvé uses listed as special uses in $15-6-19 and areas desighated as an: overlay. districtshall ber referredt to the City Plannér. (B) e SAneS SOndRONSDAEEE by RRSN seis S - e 3 (C) The Planning Departmentshal. collect ai fee of$ $250.00 to coverthe cost of advertising and ther mailing of announcements regarding pending spedal use permit àpplications to all property owners within 200 feet of the site forwhicht thespecialuser permitisrequested. (D) Applicants shall supplys suitable plansandi information concerning thel lacation, funiction and characteristiés of any use proposedt to the Planning Départment prior to thes schéduling of any-hearing. The Planning Department shall évaluaté the) proposed usé. and submit preliminary recommendations to the Planining and Zoning Commission. (E) The City Planner shall evaluate. all requests for special use permits and shall, submit the application to thé Planning Gommission: and to thè City Commission unless he finds: (1) Theré Isi inadèquàte information upon which to evaluate the request; (2) The applicant requests à déferral; or (3) The pplicintwthdrawsthe: application. (F) The Planning Department, aftér receiving authorization from the City Commission by ordinance, shall authorize the Building Inspector to issue: aspecial use permit, Conditions may be attached to the permiti to assure compliance with theintentand purposes of this article and further the publicwelfare. (1962 Code, 51 11-6-6) aboutblank 1/1 15. 3I1 I9IED, H.39 AM Kingsville; EX Code of Ordinarces Sec. 1.-Zoning districts whère telecorhirhunrications: facilities aré authorizéd. Telecommunication Zoning District Type Code Facility Type Reference Nonresidential Residential 2 Historical/Cultural Amateur Radio Yes Yes No $15-6-48(B) Towers under 50 feet (15 m) Selfsupporting Lattice, Guyed and Other Towers - Oto 50 feet (15 m) Yes No No $15-6-48(D) over 50 feet (15 SUE 3,4 No No $15-6-48(D) m) Monopole Towers -0 to 85 feet (26 m) Yes SUE3 No $15-6-48(0) a oven85feet126 SU No No 515-6-48(D) Alternative Mounting Structurès - 0 to 100 féet (30 Yes SUE 3,5 Stealth 515-6-48(E) m) (1) * - : over100feetso SUE3 Stealth - 35 $.15-6-48(E) D - SR (2) Aritenna Only Mountings - electronic Yes Yés Stealth $15-6-49(B) transmission (3) towers aboutblank 1/4 16. 3/19/25. 9:46A AM Kingsville, TX Code of Ordinances existing telecom Yes Yes Stealth $15-6-49(B) towers over 40 feet (1) (121 m) - utility poles over Yes Yes Stealth $15-6-49(B) 40 feet 12 m) (1) - light poles over 40 Yes Yes Stealth $15-6-49(B) feet (12 m) (1) - conforming Yes Yes Stealth $15-6-49(B) billboards (5) Duilding-mounted Stealth Stealth 6 Stealth $15-6-49(B) panels (6) building-mounted Yes Yes 6 Stealth $15-6-49(B) whips (7) - roof-mounted Yes7 Yes 7 Stealth $15-6-49(B) arrays (7) Dish Antenna Mountings building/roof- Yes Yes Stealth $15-6-49(C) mounted under 3.3 (4) feet (1 m) in diameter building/roof- Yes7 Yes 7 Stealth $15-6-49(C) mounted under 6.6 (5) feet (2 m) in diameter aboutblank 2/4 17. 3/19/25, 9:39.AM Kingsville, TX Code of Ordinances -building/roof- Yes 8 Yes 8 Stealth S 15-6-49(0) mounted over 6.6 (6) feet (2 m) in diaméter ground-mounted Yes Yes Stealth $15-6-49(C) under 10 feet (3 m) (3) in diameter ground-mounted Yes No Stealth $15-6-49(C) over 10 feet (3 m) (3) in diameter Notes: 1 For the purpose ofthis article and table, NONRESIDENTIAL means zoning districts C-1, C-2, C-3, C-4, -1 and l-2. 2 For thé purpose ofthis. article ànd table, RESIDENTIAL means zoning districts R-1, R-2, R-3, R-4, MH and Ag. SUEneansaspedial useexception, obtained under $156 5-142 isrequired E by515:6- a 6 48(B) 4 Imant2zongdstriss thereis notewerheght! mitationand: SuEisnotrequred 5 Alternâtive mounting structures 100 feet (30 méters) or lèss in height that are also used to provide lighting to parks, stadiums, athletic fields, school playgrounds, tennis courts and other recreational areas are permitted, by right. in residential districts. 6 Nonresidential and multifamily structures only. 7 Nonrésidential and multifamily structures. aboutblank 3/4: 18. 3/19/25, 9:46 AM Kingsville, TX Code of Ordinances 8 Structures in excess of 100,000 square feet (900 square meters) of floor area. (Ord. 2001-15, passed 8-13-01) aboutblank 4f4 19. - 3 9 - C a - - - B 3 B a a 05 B bE DE E 3H0 EHD, 3H a E '1 - - COEHIEA TTAVTIVA) 5 GATES STIVANOSTAVA : - S e a 20. - 6 I 6 I i 00 - e 6 3 - - - - 9 E : E a € 22 2 r : - - - - : a * a 3 I & - 5 E € pig ueig aKgrKEAuDu 9 saelosi 9N 15.419 E EM1 1356: 3 E s6u Do 2 E 1 f - - 9 EZ 3 2 - * ae 'Vz 4 2 9 & : B B 92 5 2 9 - 6 92 6 2 3 B - 6 LZ E 0J) 2 E 7 e e 8: 9 9 à N a: I 6 & a 3 f S 0 S S I 3 a - 3 Ca 0 - e 3 B 5 de - E e S a o S E E I E - - E - S E - E 3 :: S 6 C - - - a : 3 - I 3 3 3 - . 5 I 0 I I . - - a 3 a I I I I a à - E : I I - - I - - N I I I 35 - 3 1 E I E E E - I d € E : - E - E - : DE e I I I I E e I G a I @ / 2 I - 3 E - de E & & E a 3 S E 5 - 3 5 a & : 3 E - E 5 : - a 3 3 3 5 9 a : 3 - I : E - I E S f 3 5 5. - - - I I - - I I I E a I 8 I 6 s a € S S d8 E 1 Site located strâtegically behind treè cover 28. Vincent Gerard & Associates, Inc. Mr. Etik Spitzer March 17th, 2025 Director - Kingsville Development & Planning Kingsville Texas Summary Letter for TVT II General Cavasos Wireless Facility Site, 2029 E General Cavasos Blvd. Kingsville Texas Mr. Erik Spitzer, After a. request from AT&T Mobility and: à search of all properties within a 1/6-mile search ring study, we believe we have found an excellent location and solution for a wireless site in the Southeast corridor of Kingsville along General Cavasos Boulevard ESSRUEE This.site will accommodate all the major carriers. AT&T radio frequency engineers. have eceived SSOPBEEN EPSETESRNA proposed sité upgrades existing inferior sitesin Kingsville and the Naval Air Station coverages. There is an existing TOOPPLESPPPANDAANA NoGRONAIES. AEPMSE: for equipment and does not have the adequate height to allow AT&T Mobilityto optimize theirçustomers coverageand their PirstNet" equipment AT&T made àn écoriomic business decision to. request Tower Ventures IT to construct a new 1202 monopole at this loeation, By code Articlé 6 Chapter 15-6-45 through 51, this site complies with the requirements. listed for wireless and we arè réspéctfully requesting an Special Use: Excèption for this land use from. the Plarining and Zoning commission ànd City Council. Itis at 1:5x height from a Major Arterial and over 120 awày from the résidential lots to the éast. The mmanreisitewil.bes accesse eds 5X permonth maintenançeworker by pickup truck We are. proposing to use the existing tree cover as. landscape screening. Ff a waiver is neçèssary for the landscaping plans, consider this summary forthatspecific purpose. The current tract of land is vacant, zoned. C4 Commercial and has adequate. space for leasing to other carriers equipmént. Tower Ventures will actively pursue other carriers on this sité. It is locatéd along busy US Highway 77. Please. review thé SUE packagé, the site plar and the additional supplemental informationi required ànd let us know ifyou have any questions. Sincerely 4 Vinçent G. Huebinger Ka: Kobby Agyelam; Gity ofKingsville LAND PLANMINGDFVEOPNENT & ZONING CONSULTANTS 5524 BEE CAVE RD . UNIT K4 . AUSTIN, TEXAS 78746 VINCENIGERARDCOM . (512)328-2693 29. TVT m. LLC Phone: (901)794-9494 495 Tennessee Stréets Suite 152Memphis Tenressee! 38103 Tolll Free: (800)875-5109 March; 5, 2025 Re: Ageit Authorization Letter, Vincent Gerard & Associates Inc. To Whom itmay Concer: TVT IL, LLC aithorizés Vincent Gerard & Associatès to represent theiri interést in zoning, site plan submittals variances and building permits within the State ofTexas. Ifthere are ary questions regarding this agreement, please çontact us. Should you have any quéstions about this, please çall Benjamin Oigel at 901-428-3381. Sincerely, Benjamin Orgel Principal/Réal Estate Director Office: 901-244.4001 Cell: 901-428-3381 30. Mail Processing Center Aeronautical Study No. FederalAviation, Administration 2025-ASW-1820-0B Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 03/12/2025 Craig Royal TVI I, LLC 495 Tennessee Street, Suité #152 Mèmphis, TN 38103 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION * The Federal Aviation. Administration has conduçted an. aefonautical study under the provisions of4 49 U.S.C,, Séction 44718 and if àpplicable Title 14 of the Code of Federal Regulations, part 77, concérning: Structure: Monopole TX1036 Kingsville E. General Cavazos Location: Kingsville, TX. Latitude: 27-29-26.94N! NAD 83 Longitude: 97-50-39.77W Heights: 54 feet site élevation (SE) 128: feet abovè ground lével (AGL) 182: feet above mean sea level (AMSL) TAEASERNRERNSSESAesusissamdisislwolnate: a MppI Mefplesguatooa any, is(are) met: e P Emissions fromi this site must be in çompliance with the parameters set by collaboration between the FAA and telecommunications companies ànd reflècted in thel FAA 5G Cl band compatibility evaluation process (such as power, frequencies,. and filtangle). Operational use of this frequency band is not objectionable provided, the Wiréless Providérs (WP) obtain and adhere to thè paramheters established by thel FAA 5G C band compatibility évaluation procéss. Failure to. comply with this condition will void this determination of no hazard. Iti is required that FAA Form 7460-2, Notice of Actual Construction or. Alteration, bé e-filed àny time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part 1) X Within 5 days afteri the construction reaches its greatest. height (7460-2, Part 2) Seè attachment for additional condition(s) or information. Based on this évaluation, marking and lighting are not necèssary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we: recommend itl bè. installed in accordance with. FAA. Advisory circular 70/7460-1 M Change 1. This détermination expires on 09/12/2026 unless: Page 1 of 6 31. (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or. Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office, (c) the construction is subject to the liçensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 61 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC: for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BEI E-FILED ATLEAST 151 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and: frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. Ifconstruction or alteration is dismantled or destroyed, you: must submit notice to the. FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (817) 222-5922; or delbi-cardmas@hagoy. On any future correspondence concerning this matter, please refer to. Aeronautical Study Number 2025-ASW-1820- OE. Signature Control No: 64759671-650169363 (DNE) Debbie Cardenas Technician Attachment(s) Additional Information Frequency Data Page 2of6 6 32. Map(s) Cc: FCC Page3 of 6 33. Additional information for ASN 2025-ASW-1820-OE Part 77 authorizes the FAA to evaluate a structure or object's potential electromagnetic effects on air navigation, communication facilities, and other surveillance systems. It also authorizes study of impact on arrival, departure, and en: route procedures for aircraft operating under visual or instrument flight rules, as well as the impact on airport traffic capacity at existing public use airports. Broadcast in the 3.7 to 3.98 GHz frequency (5G Cband) currently causes errors in certain aircraft radio altimeters and the FAA has determined they cannot be relied upon to perform their intended function when experiencing interference from wireless broadband operations in the 5GC1 band. The FAA: has adopted Airworthiness Directives for all transport and commuter category aircraft equipped with radio altimeters that prohibit certain operations when in the presence of 5G C band. This determination of no hazard is based upon those mitigations implemented by the FAA and operators of transport and commuter category aircraft, and helicopters operating in the vicinity of your proposed location. It is also based on telecommunication industry and FAA collaboration on acceptable power levels and other parameters as reflected in the FAA 5G C band evaluation process. The FAA 5G C band compatibility evaluation is a data analytics system used by FAA to evaluate operational hazards. related to aircraft design. The FAA 5G C band compatibility evaluation process refers to the process in which the telecommunication companies and the FAA have set parameters, such as power output, locations, frequencies, and tilt angles for antenna that mitigate the hazard to aviation. As the telecommunication companies and FAA refine the tools and methodology, the allowable frequencies and power levels may change in the FAA 5G Cband compatibility evaluation proçess. Therefore, your proposal will not have a substantial adverse effect on the safe and efficient use of the navigable airspace by aircraft provided the equipment and emissions are in compliance with the parameters established through the FAA 5G C band compatibility evaluation process. Any future changes that are not consistent with the parameters listed: in the FAA 5G C band compatibility evaluation process will void this determination of no hazard. Page 4 of 6 34. Frequency Data for ASN 2025-ASW-1820-0E LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 6 7 GHz 55 dBW 6 7 GHz 42 dBW 10 11.7 GHZ 55 dBW 10 11.7 GHz 42 dBW 17.7 19.7 GHZ 55 dBW 17.7 19.7 GHz 42 dBW 21.2 23.6 GHz 55 dBW 21.2 23.6 GHz 42 dBW 614 698 MHz 2000 W 614 698 MHz 1000 W 698 806 MHz 1000 W 806 824 MHz 500 W 806 901 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 929 932 MHz 3500 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHZ 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1670 1675 MHz 500 W 1710 1755 MHz 500 W 1850 1910 MHz 1640 W 1850 1990 MHz 1640 W 1930 1990 MHz 1640 W 1990 2025 MHz 500 W 2110 2200 MHz 500 W 2305 2360 MHz 2000 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W 2496 2690 MHz 500 W 3700 3980 MHz 3280 W 3700 3980 MHz 1640 W Page 5 of6 35. GES: : FI .. 4541 19s7S. psilnbaa. Circle K Stores INC PO Box 52085 DC-17 Phoenir, AZ 85027-2085 #4001444 Cirele K. Stores INC PO Box 52085 DC-17 Phoenix, AZ 85027-2085 #28657 Robert Del Pal 1702. E5 St Palmetto, FL34221 #25758 Elda Nora Lopez 17251 Mildred Kingsville,' TX 78363 #43178 Axel Messenger LLC 1210 Cypher St Kingsville, TX 78363 #43201 37. ABFTAV 4 NEWS Ap3, 2025 TAEKNGSVZLERECORD 12 Battle Camamp,Rowas1 btealartutt trifismipariayie Fresileniz Kinyz Zarnalis spokei iribei vint, ofliees Ehink fn fyte Fh Pre GEle MireAmit: Airbeniy Wils detint CEO Girners 014, wbo emphuh ed METEE mottanifind bhe cemmimet to Bils 9 rusei spl Mids amt micaningful E Taoih ht MMAFIAR aRy Reriphinga theb ablew Wlth bob bhnsoialy sNankertit, thempstinessin ederiet E ipiep phigit dmmatei issofiisaninil 3 P WoN Facf Amint Flowy A Ant irenr, to bali chirtiei and. cins rea- Dlel Hondring! thehhe htkealating fartingu theiti isloema mminiy Impesiioia and bifuafigitille partan Mre Sam' Ficieandl inttm Chibet : a a & asnat A Fe 4A, ihe huoora as S Bishop CONTDEDn ROMFACEI Ts ibn sdfe athe EMKE Hel shi7 Etfi - She s 5 E pi i jer. Palle. Spa det DE dy yaise Ptt MA pimiit. FEC Couyzn Députment thrirgh "imillboirs cmmis E R 1 K mt be4 bmnat hicintl Hvirtal E - - BT Date Sh Tahft the ESey ho E Hni Fy Schod ahers atarand a Acdery hz 2016" tralialaniw e srbyhr Skipitn wichl DERgal PhpINi fordaly ttisaiirent ayasei E tl) Mnd KDS Schod Baant mating Ph Naii ots, m fwp F a dlicer, scirer la! lw gifurcement. - GLA B ay denfft in) Hogg Toms has pent ihe la:t Wey -lltheridinini E Cainy Shhas igifafikiige S E and mes the Det) nrahe Mepivei itayke dfof- E to take over, her ders"Totessil beek ScE! hiped wil thr peyn role 1 : e Chunks afsers si : mila hrubn flovisruril E erhE phridal by I Andale The s000, prolect pkdhe hnbyrsrne) : - KISD CONTDUEDR FbcI Gity CONINUEDE FROEPNCET frpmr pdmatimtopelly paid ly the 205 elendar Mide Schoct) Ma- Mktsymm, ae! badhl Aprtturit iemsybemid. FEPPALS AAN eci Tar E Haml Higk 3 pwikalig ahee E ifints srily bomnit read- Schiat Cindi DivlaAlts '. 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Sametimes Copicingt difcr s tbe Sihod copdit. pechl frogams Taetrichérw waes selecd PankDept Diectars SiyuliCe thre, FiechiclA Adamesild Brishcihale E MiT and Comdi giind almsinfeits, Sthpes wifint PAEREL hallisballa ande sofib,ll Sesi siil the's Sirei finihe mebe aln Was dmdiieinds fogaton- Reportrvent dire ppisint, gimtret ialieting the Dyatment Ceimudi: uhlet dazerhaps. ta the GIt ebipfake T dfirandigal fum' slath Stre to Amitronr Sim ast Weck: SHACabefh ahvisiry At. she gmg d the Schod, CTE Prpr Se adde thi ay feidu! loises aelilicho coalitsdffive merting miest shidents The The myar Chareritgard mgre thaa toali be Hes al: the grvti mrbes with then milariy and" Eachert recehed rec- tel that GMS, wil 2.500 Hpwae the mathine ras wekingn muchb better" dimbunsr ad this KISD) smilet? ps ogitimk Kisdgarel t thE CA & Tafi- pithendied, E emplayed with't tbe a je smlts were Eaicitlanr Core a Mebirdr Chinert Amilg wgrelia aten- willnla is amils spring Trafi distit fr Diaric sae the Elhmc dapritihertin Apniizhen - T mialmbil Emtl Contil Bgit Scicice A5ASe CECIADA Thehest diye cmmmisimt 830m,t mirtingrilbe tompin. ageet fr Firbacats : Erhn Bligrint, à. sacinad:" MlArts serviors. bice Alo anngidcid. wre the Pt coure the Valveiitya efTearli PSEUILA AcieM Mert villa S E hindaa Ganle' Valey and KEr Becgpnlins for'e metiy aposaret tel Mdftg p- FUBLICHEARINGI NOTICE yille Ialenla Sethal. and mkiile schud jaris af sudy' ihraghnat Thel Planning &2 Zoting, Commision afted Cityo willh hold Thes penin nti Sercil smders In EE a Public Ferag Wednesday, April at ofkmgville E sues Bng safi-Atslaliaasir Aiporids s! thefit Commission.s wil disçuss and/art take 16, 2025, ant 600pms wheeir the ingf fnnd deeiit hbe. egel thut the Educition Service whicirtimne ali action thef followingi item atdat Evionl Sruderts Bayeisaiir CER RRZ EC2h his interested persons will beb heait E sivicis via Crpt Tachrpfthet Tear ioted EnEt to spgade Vincent. Gerard & Associates Applicant, Robert De Pol, Owner; rilialls Alis pruedwisi iheln- Sendiry andD DitrieE Tescheri Elmenryind o the. sdhat Fadi Elcnentary theire Seboa! requesting approvat. of a Special Use Peruit for a Wireless tahatsMt Trindrgna. Ver ammematr Were aty Teerommuricitinnil dfFarison's Faclity, with 1zoMomopaleino C4( (Commersial) Tuitin hetuen mide ifandiag o epgnde SUB, Lot BAtres alsd jnoi as 1025 E General KISD of1 ESD for were Senla thelliriry Cavzzos; Kingsville, TK7838 (Properly ID2 15758). #1m526 ichidly Ri. 3 Harid Elane Tie T amunt of the bighshd. prla ID does. sot" hrie.a yinr grantiesia,sog." Ther mertingwillbe! helda atCity! Hall, Aou WestiGng. Ave Kingsvil-, Tet treai privelthe hrvey MElg Gke, Empantiy FE Schocly BpHHAFI Tbe bat" sehoal- boanf TXint the Helen Klehergo Groves Cpmmunity Raom_Ifyouhayea any to nan-basiness day pro- sryschaski Final Leyba. 16: questionsa abouttheitemig oat thés agenda,plesiec contactt the Flanning Dgpatmmtapanss-ass SGA defeats London FUBLICHEARING NOTICE Thaciy Commiksionbfthet E CMVIAINNNE Heiring : Moray, Aprilz 28, 2025,5 S.00pm wherein! fhe CiyCommission will ZhescAlihy Lont mmhlNE disçuss the consideration dfthe followingi item and àt which time all z afde! Ht. TGHSCA cist infersteipesonswil beher JA da mkeyt, lady Firmis. deeated $ thefoo- daitiga Vincent Gerard & Asoiits Appliçant, Robeit. DE Pal, Owier; -MAAS requesting Apprvval af * Sperial Usé Permit for a. Wiréléss a latri fion lyDei Larsantr-he Terommumictions Facilitywitnl TMAAcCIcss a isV E a. gnd) li mi uma) g al Panlion's SUE, Lot B Acres , also known as 1025 E General MLE Civazos, Kingsvile, TX7 78363 (Property ID25758). 3 4me nenlaha ditrkt tiongfer 20-7 allmdslia iheviciry Thei inéetingy wilb be! held at City Hall, 400, Wet King Ave Kingsville. (Cabuintphio) Taras' in the Helen Kleberg Groves Cominmity Boom, Fyor liave 4 aty questions aboutt the items on the agenda, pléase contact the City 38. ,iDa13sa0R ORDINANCE #2025- AMENDING THE ZONING ORDINANCE GRANTING A SPECIAL USE PERMIT FOR. A WIRELESS TELECOMMUNICATIONS POLE TOWER IN C4-COMMERCIAL AT PAULSON'S SUB, LOT B, ALSO KNOWN AS 1025 E. GENERAL CAVAZOS, KINGSVILLE, TEXAS (PROPERTY ID 25758); AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION. WHEREAS, the City Commission approved a wireless telecommunications facilities ordinance (sections 15-6-45 through 15-6-51) in 2001, as allowed by the Federal Telecommunications Act of 1996, and modified it in 2004 to regulate the placement, construction, and modification of cellular telephone facilities and other personal wireless telecommunication service facilities in order to protect and promote public safety, minimize and mitigate any adverse visual or aesthetic impacts on the community and promote the orderly development of telecommunication facilities within the city; and WHEREAS, city staff has received an application from Vincent Gerard & Associates, applicant, for Robert De Pol, owner, for the installation of an up to 120-foot monopole antennalwireless telecommunications pole in a C4-Commercial District area; and WHEREAS, the applicant plans to install an up to 120-foot monopole tower on private property in a C2-Retail District area, but Appendix C to the City ordinance requires a Special Use Permit process as the pole monopole tower is up to 120 feet and is to be located in a C4-Commercial District area; and WHEREAS, the Planning and Zoning Commission has forwarded to the City Commission it's reports and recommendations concerning the, application of Vincent Gerard & Associates for amendment to the zoning map of the City of Kingsville with the request based on City Code sections 15-6-45 and 15-6-46; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 16, 2025, during a meeting ofthe Planning and Zoning Commission, and on Monday, April 28, 2025, during a meeting of the City Commission, in the Helen Kleberg Groves Community Room at City Hall, in the City of Kingsville, during which all interested persons were allowed to appear and be heard; and WHEREAS, on a motion to approve the item, a majority of the Planning Commission voted 6-0, to APPROVE the requested Special Use Permit; and WHEREAS, the City Commission has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Kingsville and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF KINGSVILLE, TEXAS: Page 1 SECTION1. Thati the. Zoning Ordinance ofthe City ofk Kingsville, Texas, is amended and a Special Use Permit is granted for an up to 120-foot wireless telecommunications monopole tower in a C4-Commercial District area at Paulson's Sub, Lot B, also known as 1025 E. General Cavazos, Kingsville, Texas (Property ID 25728) as more specifically described on the site plan attached as Exhibit A. SECTION 2. That the Special Use Permit granted in Section 1 of this Ordinance is subject the following conditions: 1. ALLOWED USE: The only use authorized by this Special Use Permit is for the development and operation of a wireless telecommunications monopole tower (hereafter referred to as the "Special Permit Business") in C4-Commercial District at Paulson's Sub, Lot B, also known as 1025 E. General Cavazos, Kingsville, Texas (Property ID 25728). 2. TIME LIMIT: This Special Permit is good fori the duration of the Special Permit Business from the date of this ordinance unless (a) the property is not being used for the purpose outlined in Condition 1, or (b) any other conditions have not been complied with. 3. SPECIAL CONDITION: (3.1) The applicant shall obtain all required icenses for operating the Special Permit Business and permits as applicable for building, fire and health thereby meeting all adopted codes to operate said Special Permit Business, and shall cooperate with all annual fire safety, health, and sanitation inspections, in order to maintain compliance with federal, state, and city regulations for such a structure/use at the location. (3.2) All activity on site shall be in complete compliance with all City codes, especially the telecommunications, nuisance, fire, building and zoning codes. (3.3) The applicant shall install and maintain a brick or masonry 8-foot fence. (3.4) The applicant shall install and maintain landscaping at the site. SECTION 3. That the official Zoning Map of the City of Kingsville, Texas, is amended to refléct the amendments to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Kingsville, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that these amendments to the Zoning Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Kingsville as required by the City Charter of the City of Kingsville. INTRODUCED on this the 28th day of April, 2025. Page2 PASSED AND APPROVED on this the 12th day of May_, 2025. EFFECTIVE DATE: THE CITY OF KINGSVILLE Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: By: Courtney Alvarez, City Attorney Page 3 200-FT Buffer at 2500 SF Leased Ared 7160 49858 42146 42145 94146 : EGMOIGAVENG au : 97844387 27 499817 s TOMERLOGAION: a - - - - - Isabela Drive 28657 25758 & - 40014 34284 E 399335 - - € a - - - S - Legend Margaretin Tower Location - 200 FtE Buffer 2025 E. General Cavazos Blvd-Pending/ Address Form, a Prop. ID: 25758-2029E. Genera! Cavazos: Blvd Ownership-Labeled by Properly ID Çity Lirnits 31843 31842 0 8 C - Sge 6 Llan 58 de g 513 Gemitys OISCLAIMER:. Drawn By:. R.PICK THIS MAPIS FORV VISUALE PURPOSESONEY CHTYOE KINGSVILLE THE CONTAIN INFORMATION INACCURACIES GONT THIS ORERRORS SHEEFMAY - a last Updatè; 3/18/2025 THECITYO OF KNGSVILLE IS NOT ENGINEERING DEPARTMENT RESFONSIRLEL IFTHEI INFORMATION Ninosville 400W KingAve; Kingsville, TX.78363 Note: Ownershipilabeled DESIGN, CONTANEDHERENT CONSTRUCTION. USEDFORA PLANNING, BUILDING, ANY % A 6 Ofice: (361).5 595-8007 withit itsPropip. ORANYOTHER PURPOSÉ, Fax: (361) 595-8064 36. AGENDA ITEM #4 City of Kingsville Public Works, Wastewater Collection Division TO: Mayor and City Commissioners CC: Charley Sosa, interim City Manager FROM: William Donnell, Director of Public Works DATE: April 17, 2025 SUBJECT: Wastewater Lift Station Repairs Summary: This item authorizes an increase for repairs to the South Creek Lift Station and the Golf Course Road Lift Station to satisfy TCEQ inspections requirements. Background: South Creek Lift Station was built in 1993 to service the South Creek Subdivision at the south end of Kingsville on US Hwy-77. Although maintenance repairs have been made to maintain the lift station to current the status, repairs to the bottom concrete floor and lower wall are currently required for TCEQ compliance. This repair is estimated to be $18,650.00 by Donald Hubert Construction. The lift station located on Golf Course Road built in 1994 is also in need of repairs. Exposed rebar isto be coated with anticorrosive paint/epoxy and two inches ofspecial mix cement on the ceiling and two feet below the ceiling line for TCEQ compliance. This repair is estimated to be $15,145.00. by Donald Hubert Construction. Financial Impact: This will reduce the Budget Amendment Reserve line account 051-5-7001-86000 balance by $33,795.00 and increase the North Wastewater Treatment Utility Plant account 051-5-7001- 54300 by $33,795.00. Recommendation: Donald Hubert Construction is the only responsive bidder, staff is requésting adoption of the proposed budget amendment to cover the cost of repairs of these two lift stations to maintain TCEQ compliance. ORDINANCE NO. 2025- AN ORDINANCE AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO PROVIDE ADDITIONAL FUNDING FOR SOUTH CREEK AND GOLF COURSE ROAD LIFT STATIONS. WHEREAS, it was unforeseen when the budget was adopted that there would be a need for funding for this expenditure in this fiscal year. I. BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2024- 2025 budget be amended as follows: CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#37 Dept Dept Name Account Name Account Budget Budget No. Number Increase Decrease Fund 051 - Utility Fund Expenditures 7001 North Plant Budget Amend Reserve 86000 $33,795 7001 North Plant Utility Plant 54300 $33,795 [To amend the City of Kingsville FY 24-25 budget to provide additional funding for repairs to the South Creek and Golf Course Rd lift stations. There is $150,000 available in the UF Budget Amendment Reserve line item for this request.] II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. III. THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 1 IV. THAT this Ordinance shall not be codified but shall become effective on and after adoption and publication as required by law. INTRODUCED on this the 28th day of April 2025. PASSED AND APPROVED on this the 12th day of May 2025. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #5 City of Kingsville Health Department TO: Mayor and City Commissioners CC: Charlie Sosa, Interim City Manager Courtney Alvarez, City. of Kingsville Attorney FROM: Emilio H. Garcia, City. of Kingsville Health Director DATE: April 30, 2025 SUBJECT: Re-appointment of Health Board Member Summary: Please be advised that the Health Board term for Joy Ansley expired on April 25, 2025. I have spoken to Joy Ansley, and she has agreed to remain on the Board for another 3-year term. It is my recommendation the Joy Ansley be re-appointed to the City of Kingsville Health Board. Background: Ms. Joy Ansley has served on the City of Kingsville Health Board for 3 years and would like to be: re-appointed for another 3 years. Financial Impact: None. Recommendation: I am requesting that the City Commission consider their re-appointment of Joy Ansley at the next Regular Commission meeting. Approve request. eas Kinosville TEXAS AGENDA ITEM #6 City of Kingsville Health Department TO: Mayor and City Commissioners CC: Charlie Sosa, Interim City Manager Courtney Alvarez, City of Kingsville Attorney FROM: Emilio H. Garcia; City of Kingsville Health Director DATE: April 30, 2025 SUBJECT: Re-appointment of Health Board Member Summary: Please be advised that the Health Board term for Joni B. Harrel expired on May 9, 2025. I have spoken to Joni B. Harrel, and she has agreed to remain on the Board for another 3- year term. It is my recommendation that Joni B. Harrel be re-appointed to the City of Kingsville Health Board. Background: Mrs. Joni B. Harrel has served on the: City of Kingsville Health Board for 3 years and would like to be re-appointed for another 3 years. Financial Impact: None. Recommendation: I am requesting that the City Commission consider their re-appointment of Joni B. Harrel at the next Regular Commission meeting. Approval request. lns Kinosville TEXAS REGULAR AGENDA AGENDA ITEM #7 City of Kingsville Engineering Dept. TO: Mayor and City Commissioners CC: Charlie Sosa, Interim City Manager FROM: Rutilio P. Mora Jr, P.E., City Engineer DATE: May 12, 2025 SUBJECT: Consider Awarding Bid No. 25-14 for the General Land Office (GLO) Community Development Block Grant Mitigation (CDBG-MIT) Contract No. 22-082-016-D218 Project 4A - Alley Between E. Johnston Ave. and E. Fordyce Ave. Sanitary Sewer Improvements Purpose: We seek approval to award Bid No. 25-14 for the General Land Office (GLO) Community Development Block Grant Mitigation (CDBG-MIT) Contract No. 22-082-016-D218 Project 4A - Alley Between E. Johnston Ave. and E. Fordyce Ave. Sanitary Sewer Improvements. The project will consist of 2 manholes, 177 feet of wastewater line and related appurtenances. The project will be completed in 60 calendar days after Notice to Proceed is provided. Summary: This project was advertised in the local newspaper and city's website on March 27th, and April 3rd. Sealed bids for Bid No. 25-14 were received prior to the deadline of April 29, 2025, at 2:00pm and read out loud, from three bidders: 1. D&M Underground Const. Corp, Corpus Christi, Texas 2. D&J Utility Services LLC, Sinton, Texas 3. Artillery LLC, Edinburg, Texas The base bids range from $60,650.00 to $143,980.00. The alternate bids range from $1,296.00 to $8,100.00. The total bids range from $61,946.00 to $143,980.00. After review, staff recommends awarding the project to the lowest bidder, D&M Underground Construction Corp, for the total bid amount of $61,946.00. Also, the bid is 49% below the engineer's estimate. Background: This project is a continuation of Project 4 which has been completed and accepted by the city on September 23, 2024. Also, this project was an alternate bid for Project 4 but wasn't CITY - OF % Kngsvile 76 P City of Kingsville Engineering Dept. awarded due to the need for a contract amendment with the state. The project is required because there is a structure built over the existing clay wastewater line and the reroute is needed for safety concerns and access to an underground utility line for maintenance and operation. Financial Impact: Project 4A will be funded by Fund 113 Citywide Wastewater Collection System Improvements in the amount of $61,946.00. Recommendation: Staff recommends awarding CDBG-MIT GLO Contract No. 22-082-016-D218 = Project 4A = Alley Between E. Johnston Ave. and E. Fordyce Ave. Sanitary Sewer Improvements to D&M Underground Construction Corp. in the amount $61,946.00. Attachments: Bid ecommencaton/Awarc Letter for Project 4A Bid Tabulation for Project 4A CITY F & Kngsyille 3 * y IGE NENATONALO COMBINGINONES April 30, 2025 Rutilio "Rudy" Mora, P.E., CFM City Engineer City of Kingsville 400 W. King Ave. Kingsville, TX 78363 Re: CDBG-MIT GLO Contract No. 22-082-016-D218 Project 4A, (City ofKingsville Bid No. 25-14) = ICE award recommendation Dear Mr. Mora, This memorandum is in reference to ICE's recommendation for award of the above- mentioned project which consists oft the installation of 177LF of8" 0 sanitary sewer line, two (2)4'0 sanitary sewer fiberglass manholes, plug and abandon 1471 LF ofe existing 8"0 sanitary sewer line. from S. 18th St. to S. 19th St. near E. Johnston Ave. with items associated with the installation (tie-in connections, curb and gutter repairs, pavement repairs, traffic control, etc.). The following is a Bid Summary for the above referenced project. Three (3) general contractors submitted bids to the City of Kingsville on 04/29/2025. Their information is attached herewith. The bidders' list with their total bid is given below: Additive Bid Rank Company Base Bid Total Bid No. 1 1 D&M Underground Corp. $60,650.00 $1,296.00 $61,946.00 2 D&J Utility LLC $103,788.00 $6,180.00 $109,968.00 3 Artillery! LLC $135,880.00 $8,100.00 $143,980.00 D&M Underground Corp. submitted the lowest total bid of $61,946.00. On 04/29/2025 D&M Underground Corp. was notified ofthe low bid pending GLO and City ofKingsville approval. A notice to proceed will delivered upon. commencement of the preconstruction meeting. The engineer's estimate is $122,250.00. The bid is 49% below the engineer's estimate which is considered reasonable. Furthermore, no clerical errors were found in D&M Underground Corp.'s packet. 261 Saratoga Blvd . Corpus Christi, TX 78417 e Ph 361.826.5805 Fax 361.826.5806 TBPE FIRM #F10837 IGE NENATONALI COMEINGBICNEKS Therefore, it is ICE's recommendation that D&M Underground Corp. be awarded this bid. Itis the city's discretion to waive any informality or to reject any or all bids. Ifyou have any questions or need additional information, please contact me at (361) 826- 5805 or charlie@icenginersne Sincerely, > F Juan Carlos "Charlie" Cardenas, P.E. Senior Engineer 261Saratoga Blvd e Corpus Christi, TX 78417 - Ph361.826.5805 Fax 361.826.5806 à TBPEI FIRM #F10837 Cityo ofk Kingsville GLOSS Project4 4A! (GLOContract No.2 2apaisoaB4aiste Bido Openinglocation:diyl Hall 400W.K KingAve.k Kingsville, TX. 78363 BASE BIDI Artillery LLC D&L Ulity Services! LIC DaM Underground Corp ITEM DESCRIPTION QTY UNIT UNITCOST - AMOUNT UNITCOST 1 AMOUNT UNITCOST AMOUNT. A1. Mobilization/ /Bonds/ /Insurance 1 Is $35,000.00 $35,000.00 $20,000.00 $20,000.00 $5,000.00 $5,000.00 A2 TraffieContral 1 LS - $5,000.00 $5,000.00 $3,500.00 $3,500.00 $3,800.00 E $3,800.00 A3 SWPP (Sediment ControlF Fence) 350 LF $7.00 $2,450.00 $5.50 $1,925.00. $5.00 $1,750.00 A4 SWPP(Erosion ControlLog! 24 UF - $10.00 $240.00 $7.00 $168.00 $25.00 $600.00 A5 Abandon, Cut, Plug. andFil Exist. E'OSSP Pipev withf Flowablef Fill 147 LF $100.00 $14,700.00 $90.00 $13,230.00 $40.00 $5,880.00 A6. Remove Existing! H.MAC-Payement - 100 Sy $30.00 $3,000.00 $20.00 $2,000.00 $13.50 $1,350.00 A7 Remove Existing Curba and Gutter 10 LF $50.00 $500.00 $40.00 $400.00 $18.00 $180.00 AB Trench Safety 178 LF - $20.00 $3,560.00 $24.00 $4,272.00 $7.50 $1,335.00 A9 4'0F Fiberglasss Sanitary Sewer! Manhole 2 - EA $12,000.00 $24,000.00 $8,500.00 $17,000.00 $8,500.00 $17,000.00 A10 B'OSanitarys Sewer IRCSORXIGHnN) 177 - - LF $130.00 $23,010.00 $119.00 $21,063.00 $55.00 $9,735.00 A11 S"OPVCT Tie-in Connectiont to Existing Sanitary Sewer) Manhole 1 EA $3,000.00 $9,000.00 $1,950.00 $1,950.00 $7,500.00 $7,500.00 A12 HM.A.C. PavementRepalr 100 SY $180.00 $18,000.00. $165.00 $16,500.00 $60.00 $6,000.00 A13 6'Curb&G GutterR Repair 10 LF $300.00 $3,000.00 $150.00 $1.500.00 $38.00 $380.00 A14 RemoveE Existingf Fence 14. - LF $30.00 5420.00 $20.00 $280.00 $10.00 $140.00 Total BaseE Bld $135,880.00 $103,788.00 $60,650.00 ADDITIVEA ALTERNATEE BIDNO.1 Artilleryl LC D&JU Utilitys Services LIC D&M Underground Corp TEM DESCRIPTION OYUNIT UNITCOST - AMOUNT UNITCOST AMOUNT UNITCOST AMOUNT 81 Tree Removal 1 EA $6,000.00 $6,000.00 $4,500.00 $4,500.00 $750.00 $750.00 B2 Repairf Fence 14 LF $150.00 $2,100.00 $120.00 $1,680.00 $39.00 $546.00 Total AdditiveA Altemato BidN No.1 $8,100.00 $6,180.00 $1,296.00 RECOMMENDEDA AWARD OPTIONS Artillery! LLC D&J Uslitys Servicest uC D&M Underground Corp OPTIONDESCNIPTION 1 Base Bid +Add. Ait.BidNo.1 1 $143,980.00 $109,968.00 $61,946.00 2. Base Bid $155,880.00 $103,788.00 $60,650.00 JUAN CARLOS CARDENAS 99227 CENSE AL 1/ 79945 AGENDA ITEM #8 City of Kingsville Engineering Dept. TO: Mayor and City Commissioners CC: Charlie Sosa, Interim City Manager FROM: Rutilio P. Mora Jr, P.E., City Engineer DATE: May 12, 2025 SUBJECT: Consider a Resolution authorizing Participation in the Federal Transportation Alternative Set-Aside Program Step 2 (Detailed Application) through the 2025 TA Call for Projects Administered by the Texas Department of Transportation (TXDOT). Summary: On April 18, 2025, TXDOT notified the City that one preliminary application is eligible to move forward to Step 2 (detailed application) and the deadline is June 20, 2025. The project includes drainage, sidewalks, ADA ramps, crosswalks, lighting and a pedestrian shelter for students. The project limits are along E. Ceasar Ave between 14th and Hwy77/I-69 and E. General Cavazos between 6th Street and Bramha Blvd. Background: On January 3, 2025, Texas Department of Transportation (TXDOT) issued the 2025 Transportation Alternatives (TA) Call for Projects. The application is a two-step process. Step 1 = Project Sponsors submit Preliminary Application(s) (PA) by February 2025. Step 2 = Project Sponsors submit Detailed Application(s) (DA) by June 2025. If funds are awarded, the City would be notified in the Fall of 2025. See below. The project(s) would typically be funded by both federal (80%) and local (20%) funds. Local funds should not be required since the City's local fund match can be covered by Transportation Development Credits (TDCs). This year the grant also considers an adjustment factor for inflation. Eligible TA Project Activities include bicycle infrastructure improvements, shared use paths, sidewalk improvements and infrastructure-related projects to improve safety for non-motorized transportation. Project Evaluation and Selection Criteria includes Safety, Project Readiness, Geographic Equity, Connectivity & Accessibility, Community Support & Planning and Demand. CITY OF Kngsville A T B * City of Kingsville Engineering Dept. Allowable Costs eligible for federal reimbursement include Project Construction, Preliminary Engineering and design, including preparation of construction plans, specifications and estimates, Environmental Documentation, Planning activities and Right-of-way acquisition on a case. -by-case basis as approved by TXDOT. Costs not eligible for federal reimbursement include Planning Activities, Environmental Mitigation, Utility Adjustments, Landscape Improvements and Land Acquisition. The City may submit two (2) applications in 2025. Two project locations the city may focus on are: General ava20Samna-ENe Escondide Road lighting, sidewalk, pedestrian bridge-and bike lane improvements E. Ceasar Ave. between 6th Street and Highway 77 - Bicycle, Sidewalk, Ramps and Crosswalk Improvements. Financial Impact: There is no financial impact in submitting the detailed application. Recommendation: Staff recommends applying to the Transportation Alternatives Set-Aside Program 2025 Call for Projects for Step 2 Detailed Application. Attachments: Exhibit 1 - General Cavazos Exhibit 2 - Caesar Ave. Resolution 2025 CITY M OF - - Kngsyille AIN h ATA P I - E % I I - a I & e € o E 3 I I lE I E - € te N ! @ la de - % : $ a - a I D - ! I E : ! 1 E I I I 3 28 ! 8 I $ I I 5 I I : e 5 a Page: 1/1 e 8 D - I I - D 0 a V I a 8 I - 3 @ 8 3 9 E m E € I 9 I & E a I I E I ! ! b I E S USWY/BYPASS * a 03.19.25V253 . ! I 3 3 - 6 € - Mt - E I 6N - a 3 E 1 N H 2 - 6 . 4 E - a - E 33 28 I g 8 8: M B I :. I 8 8 a - I 0 - df I € I I 8 . 5 : a veg Page: 1/1 - bu & 4 mes 1 E E - I 5 m F SIIs - 2 I I I E I I I ! E E I I - a : I I I a I 8 RESOLUTION NO. 2025- RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE STEP 2-DETAILED APPLICATIONS TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE 2025 TRANSPORTATION ALTERNATIVES SET-ASIDE (TASA) PROGRAM. WHEREAS, on January 3, 2025, the Texas Department of Transportation (TxDOT) issued the 2025 TASA Call for Projects, which is a two-step process that consists of: Step 1-Project sponsors submit Preliminary Applications (PA) by February 2025, and Step 2-Project sponsors submit Detailed Applications (DA) by June 2025; WHEREAS, if funds are awarded, the City would be notified in the Fall of 2025 whether its project(s) for design and construction of ADA sidewalks, shared-use paths, lighting, bridges, sidewalks, bike lanes, crosswalks, and ramps; and WHEREAS, on January 13, 2025 the City Commission approved Resolution #2025-04 to authorize submittal of two projects for application in the 2025 TASA Call for Projects Step 1 to focus on: (1) General Cavazos/Brahma Blvd/E. Escondido Road- lighting, sidewalk, pedestrian bridge and bike lane improvements, and (2) E. Caesar Ave. between 6th Street and Highway 77- bicycle, sidewalk, ramps, and crosswalk improvements; WHEREAS, the TASA funds typically require a local cash match but that can be covered by Transportation Development Credits, SO no cost should be required by the City. This year the grant also considers an adjustment factor for inflation. As the Project Sponsor, the City of Kingsville would be responsible for all non- reimbursable costs and 100% of overruns, if any; WHEREAS, on April 18, 2025 City staff learned that only one of the projects submitted for the 2025 TASA had been deemed eligible to move forward to Step 2 (detailed application) of the process and the deadline for submittal of that is June 20, 2025; WHEREAS, the governing body of the City of Kingsville desires to reaffirm its support of the E. Caesar Ave. Project that has been authorized to move forward and approves and authorizes the submission of Step 2 -detailed application to the TxDOT 2025 TASA for this proposed project. NOW, THEREFORE BE IT RESOLVED by the City Commission of the City of Kingsville, Texas: I. 1 THAT the City Commission authorizes the Mayor to execute Step 2 applications to the TxDOT 2025 TASA Program for the E. Caesar Ave. Project as stated above. II. THAT the Mayor, or his designee, is hereby authorized and directed to act on the City's behalf in all matters pertaining to these applications. III. THAT this Resolution shall become effective upon adoption. PASSED AND APPROVED by a majority vote of all members of the City Commission of the City of Kingsville on the 12th day of May, 2025. Sam R. Fugate Mayor ATTEST: Mary Valenzuela City Secretary APPROVED AS TO FORM: Courtney Alvarez City Attorney 2 AGENDA ITEM #9 CITY City of Kingsville Kingsyille Finance Department TO: Mayor and City Commissioners CC: Charlie Sosa, Interim City Manager FROM: Deborah Balli, Finance Director DATE: May 05, 2025 SUBJECT: BA#38 - BA#24 and BA#25 Corrections Summary: When BA#24 and BA#25 was submitted, it was stated that the funding source would come from the Budget Amendment Reserve line. The table in the Budget Amendment form did not include the funding source, SO this BA is a correction of that error. Total amount of this budget amendment is $87,040.74 which is the balance of the Budget Amendment line item. BA#24 Dept Dept Name Account Name Account Budget Budget No. Number Increase Decrease Fund 098 - Economic Development Expenditures 1060 Econ Devel Professional Services 31400 $6,500.00 BA#25 - Only $80,540.74 funded from Budget Amendment line item. The $1,079.12 was from the unappropriated fund balance. Dept Dept Name Account Name Account Budget Budget No. Number Increase Decrease Fund 001 E General Fund Expenditures 1010 City Manager Salaries 11100 $66,133.28 1010 City Manager Car Allowance 11200 $3,507.78 1010 City Manager FICA 11500 $5,327.54 1010 City Manager TMRS 11400 $6,460.95 1010 City Manager Workers Comp 11700 $190.31 Total $81,619.86 CITY City of Kingsville Kingsyille Finance Department GL Account 001-5-1030-86000 line item balance. Budget Summary Original Budget 300,000.00 Adjustments -212.959.26 CurrentE Budget 87,040.74 Activity 0.00 Encumbrances p.00 Reserves 0.00 BudgetRemaining 87,040.74 Pending 0.00 Budget Available 87,040.74 Recommendation: The Finance Department recommends approval of the submitted Budget Amendment. ORDINANCE NO. 2025- AN ORDINANCE AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO CORRECT FUNDING SOURCE ON BA #24 AND BA #25 WHEREAS, it was unforeseen when the budget was adopted that there would be a need for funding for this expenditure in this fiscal year. . BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2024- 2025 budget be amended as follows: CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#38 Dept Dept Name Account Name Account Budget Budget No. Number Increase Decrease Fund 001 lE General Fund Expenditures 1030 City Special Budget Amend Reserve 86000 $87,040.74 [To amend the City of Kingsville FY 24-25 budget to correct the funding source for BA #24- $6,500 & BA: #25 - $80,540.74. The funding source for these two BA's were listed in the memo and the actual budget amendment but were left off the table of the budget amendment forms.] II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. III. THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. IV. 1 I THAT this Ordinance shall not be codified but shall become effective on and after adoption and publication as required by law. INTRODUCED on this the 12th day of May 2025. PASSED AND APPROVED on this the 27th day of May 2025. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #10 J/0ILU, IK.VU rIVI - - CAS ninysvie, IA ) L uue UI - un laII IVES Section 11. - Duties of mayor and commissioners. The Mayor and Commissioners shall exercise equal power and authority in the transaction of business for the City, except that the Mayor shall act as presiding officer of the Commission, and in his absence a Mayor pro tempore may be chosen. The Mayor, or his representative as may be annually designated by the Mayor in writing, shall sign all official documents for the City upon the consent and proper instruction from the Commission, and shall perform all duties imposed upon him by this Charter, and by the ordinances of the City, or upon the order of said Commission. about:blank 1/1 9 41 ICAI IVoS Sec. 3-1-13. - Rules of decorum. The following rules of decorum shall be fully applicable to all City Commissioners and other persons appearing before the Commission or present at Commission meetings. (A) Recognition by presiding officer. No person shall address the Commission without first being recognized by the presiding officer. (B) Speaking procedure; imitation on discussion and questioning. Each person addressing the Commission shall step up to the podium provided for the use of the public and give his name and address in an audible tone of voice for the records, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and unless further time is granted by majority vote of the Commission, shall limit his remarks as otherwise provided for herein. All remarks shall be addressed to the Commission as a whole and not to any member thereof. No person other than members of the Commission and the person having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Commission, without the permission of the presiding officer. No question may be asked a Commission member or the city staff without the permission of the presiding officer and except for a Commission member, the City Manager, or City Attorney permission of the City Manager. (C) Improper references, disorderly conduct by persons addressing Commission. Any person making, expressly or impliedly, personal, mpertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct of any meeting, hearing or other proceedings, shall be called to order by the presiding officer and, if such conduct continues, may, at the discretion of the presiding officer, be ordered barred from further audience before the Commission during that meeting. (D) Addresses after public hearing closed. After a public hearing has been closed, no member of the public shall address the Commission from the audience on the matter under consideration without first securing permission to SO do by majority vote of the City Commission. (E) Campaign speeches prohibited. No person will be allowed to address the City Commission by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. (F) Disorderly conduct. No person in the audience shall engage in disorderly conduct such as nandclapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. (G) aboutblank 1/2 , VI nuysvie, IA vuue UI Viumarves Limitations on use ofsupplemental lighting. imitations on use of supplemental lighting for television and motion-picture cameras to create the least amount of interference with or disturbance of Commission proceedings and/or discomfort to the public shall be maintained. (H) Sergeant at Arms. The City Manager shall act as Sergeant at Arms for the City Commission and shall furnish whatever assistance is needed in enforcing the rules established herein. The City Manager may call on any peace officer of the state when he deems it necessary to assist in his enforcement of these rules. (I) No unauthorized persons permitted within the dais. No person except members of the City Commission and the city staff shall be allowed within the dais without the consent of the presiding officer. 0) Eating, drinking or. smoking. All persons shall refrain from smoking, eating, or drinking (except water) while in the Chamber during a City Commission meeting. (K) Members shall preserve order and decorum. During City Commission meetings, the members of the Commission shall preserve order and decorum and shall not, by conversation or otherwise, delay or interrupt proceedings or refuse to obey the orders of the presiding officer or the rules of the City Commission. (L) Questioning the administrative staff. Every Commission member desiring to question the administrative staff shall address the questions to the City Manager who should be entitled to answer the inquiries himself or to designate some member of his staff for that purpose. Commission appointees shall not be considered administrative staff. (M) Mayor and commissioners to exercise equal power. The Mayor and Commissioners shall exercise equal power and authority in the transaction of business for the city, except that the Mayor or in his absence the Mayor pro-tempore shall act as presiding officer of the Commission. The Mayor shall perform all duties imposed upon him by the City Charter and by ordinances of the city, or upon order of the Commission. (Ord. 96002, passed 1-22-96; Ord. 2019-54, passed 10-15-19) Cross reference- Penalty, see $3-1-99. aboutblank 2/2 McKibben, Martinez & Wood, L.L.P. 555 N. Carancahua, Ste. 1100 Corpus Christi, Texas 78401 361.882.6611. 361.883.8353 (facsimile) lagullarwood@mmjw-law.com May 5, 2025 City of Kingsville Commission clo City Attorney Courtney Alvarez 400 W. King Kingsville, Texas 78363 Re: Opinion Letter City of] Kingsville Commission, The Commission has sought a legal opinion regarding what is called for by the Charter regarding the selection of a Mayor pro tempore to preside over a city commission meeting in the Mayor's absence. In rendering this opinion, I have reviewed and analyzed the relevant sections of the City Charter and the City Code ofOrdinances. The duties of the Mayor and the Commissioners are addressed in Article V, Section 11. of the Charter. Section 11 provides as follows: The Mayor and Commissioners shall exercise equal power and authority in the transaction of business for the City, except that the Mayor shall act as presiding officer of the Commission, and in his absence a Mayor pro tempore may be chosen. The Mayor, or his representative as may be annually designated byt the Mayor in writing, shall sign all official documents for the City upon the consent and proper instruction from the Commission, and shall perform all duties imposed upon him by this Charter, and by the ordinances of the City, or upon the order ofs said Commission. Although Section 11 does not plainly and unequivocally state whether it is the Mayor or the Commissioners who choose the Mayor pro tempore, it is my opinion, for the reasons outlined below, that it is the Mayor. Analysis of Section 11. Section 11's first sentence is not clearly written and contains a misplaçed comma, creating ambiguity and giving rise to alternate interpretations. 1 The misplaced comma is highlighted and bolded in red. Opinion Lelter May 5, 2025 Pager 2 The Mayor and Commissioners shall exercise equal power and authority in the transaction of business for the City, except that the Mayor shall act as presiding officer of the Commission! and in his absence a Mayor pro tempore may be chosen. In sentence construction, two commas are used in the middle of a sentence to set off a clause, phrase or words that are not essential to the meaning of a sentence. If correctly used, when a sentence is read without the text offset by the commas, the meaning/main idea(s) of the sentence continues to remain intact. Here, when the sentence is read without the text offset by the commas, the meaning oft the sentence is significantly altered. That is, lost from the sentence is a main idea: the Mayor has a duty to act as presiding officer of the Commission. 2 The Mayor and Commissioners shall exercise equal power and authority in the transaction ofbusiness for the City and in his absence a Mayor pro tempore may be choscn. However, when properly punctuated without the second comma, the main ideas remain intact and the meaning of the sentence is clearer. The Mayor and Commissioners shall exercise equal power and authority in the transaction of business for the City, except that the Mayor shall act as presiding oflicer of the Commission and in his absence a Mayor pro tempore may be chosen. The properly punctuated sentence communicates that: (1) the Mayor and Commissioners exercise equal power and authority in the transaction of City business and (2) the Mayor has power and authority that the Commissioners do not have, namely to: (a) act as the presiding officer of the Commission and (b) chose a Mayor pro tempore to preside when his absence will interfere with his duty to serve as presiding officer. The undersigned does not conclude that the exercise of equal power and authority in the transaction of business" extends to the selection of a presiding officer in the Mayor's 's absénce. If it were SO intended, the reference to selection of a Mayor pro tempore wouldn't have been necessary because, in the Mayor's absence, the Commissioners would simply exercise their equal power and authority to select a presiding officer. Moreover, as a practical matter, if the Commissioners were intended to choose the presiding officer, there would be the potential for situations in which a split vote would result in a presiding officer not being chosen. As aj presiding officer is required, 3. the undersigned opines that the intent was that the Mayor choose the presiding officer. 2 Additionally, the sentence does not make sense. It reads as though text is missing between the text in black and the text in blue. 3 Aj presiding officer is required. See City Code of Ordinances, Section 3-1-13, Rules of Decorum at (A), (B), (C), (, (K), and (M). Opinion Lelter May 5, 2025 Pagc 3 While the first sentence interjects ambiguity regarding whether the Mayor or Commissioners have the power and authority to choose the Mayor pro tempore, the second sentence interjects clarity. 4 The Mayor, or his representative as may be annually designated by the Mayor in writing, shall sign all official documents for the City upon the consent and proper instruction from the Commission, and shall perform all duties imposed upon him by this Charter, and by the ordinances of the City, or upon the order of said Commission. The Mayor's power and authority to designate a representative to "perform all duties imposed on him by [the] Charter" is explicitly stated. And serving as the presiding officer is a duty imposed on the Mayor. It is the Mayor's duty to ensure that his duty is met. As such, the Mayor is responsible for designating in writing "his representative" (commissioner) who will fulfill his duty to serve as presiding officer in his absence. When the first and second sentences of Section 11 are read together, it is evident that the Charter contemplates that the Mayor, not the Commissioners, choose which commissioner will serve as presiding officer in the Mayor's absence. In summary, after reviewing and analyzing Article V. Section 11 ofthe Charter, it is my opinion that the Mayor has the power, authority, and responsibility to designate a Mayor pro tempore to preside over a city commission meeting in his absence. Please let me know if I may be of further assistance. Best, /s/ Liza. Aguilar Wood Liza Aguilar Wood 4' This sentence also includes misplaced commas which are noted in red. Said commas are unnecessary. Removal of these commas does not change the meaning ofthe sentence. AGENDA ITEM #11 Section 11. - Duties of mayor and commissioners. The Mayor and Commissioners shall exercise equal power and authority in the transaction of business for the City, except that the Mayor shall act as presiding officer of the Commission, and in his absence a Mayor pro tempore may be chosen. The Mayor, or his representative as may be annually designated by the Mayor in writing, shall sign all official documents for the City upon the consent and proper instruction from the Commission, and shall perform all duties imposed upon him by this Charter, and by the ordinances of the City, or upon the order of said Commission. about:blank 1/1 .UU VI rnyovic, vvuc VI yMI II a o ) Section 30. - City manager. A city manager shall be chosen by the Commission on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of accepted practice in respect to the duties of his office. At the time of his appointment, he need not be a resident of the City or State, but during his tenure in office, he shall reside within the City. No Commissioner shall be appointed City Manager during the term for which he shall have been elected nor within one year after the expiration of his term. about:blank 1/1