Title
Consider a memorandum/resolution approving staff’s determination that the Conditional Use Permit for the property located at 308 East Avenue D is terminated.
Body
DATE: February 17, 2026
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Executive Director of Development Services
SUBJECT: Termination of the Conditional Use Permit (CUP) for 308 East Avenue D in accordance with Killeen Code of Ordinances Sec. 31-456(e)(2)
BACKGROUND AND FINDINGS:
The City Council approved a Conditional Use Permit (CUP) for the property located at 308 E. Avenue D on May 13, 2013, via Ordinance No. 13-043, to allow for use of the property as a bar. The property is currently owned by Khanesiology, LLC, and is utilized as a photography studio in accordance with the Certificate of Occupancy issued on June 29, 2023.
Per Killeen Code of Ordinances Sec. 31-456(e)(1)(A), a CUP is terminated if “the building or premises is not put to the permitted use for a period of one (1) year or more from the effective date of the ordinance authorizing issuance of the permit, or the permitted use ceases for any one (1) year period.” Since the property has not been used as a bar since at least June 29, 2023, Staff is of the determination that the CUP is terminated.
In accordance with Killeen Code of Ordinances Sec. 31-456(e)(2), Staff’s determination that a CUP is terminated is subject to review by the City Council. This section states in part: “Whenever the Planning and Development Director makes a formal determination as to whether an event of termination has occurred, he/she shall promptly make and forward a written report to the City Council describing the facts surrounding such determination and the reasons for such determination.”
Based on the property having been used as a photography studio since June 29, 2023, Staff is of the determination that an event of termination occurred pursuant to Sec. 31-456(e)(1)(A), as the property has not been used as a bar for over a year, the CUP allowing for use of the property as a bar is void and has no further effect.
Killeen Code of Ordinances Sec. 31-456(e)(2) further requires that Staff send written notice of this determination via certified mail, return receipt requested, to the landowner of record. Staff sent notice to the property owner in accordance with this requirement on January 9, 2026.
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
N/A
CONFORMITY TO CITY POLICY:
This item conforms to state and local policies.
FINANCIAL IMPACT:
What is the amount of the revenue/expenditure in the current fiscal year? For future years?
This item does not involve the expenditure of city funds.
Is this a one-time or recurring revenue/expenditure?
This is not applicable.
Is this revenue/expenditure budgeted?
This is not applicable.
If not, where will the money come from?
This is not applicable.
Is there a sufficient amount in the budgeted line-item for this revenue/expenditure?
This is not applicable.
RECOMMENDATION:
Staff recommends that the City Council approve Staff’s determination that the Conditional Use Permit for the property located at 308 E. Avenue D is terminated in accordance with Killeen Code of Ordinances Sec. 31-456(e)(2).
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
CUP Ordinance (Ordinance No. 13-043)
Certificate of Occupancy for Photography Studio (2023)
Notification Letter
Presentation