Title
Consider a memorandum/resolution expiring the Conditional Use Permits (CUP) for four (4) properties in accordance with Killeen Code of Ordinances Sec. 31-456(e)(1)(A).
Body
DATE: May 5, 2026
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Executive Director of Development Services
SUBJECT: Conditional Use Permit Terminations
BACKGROUND AND FINDINGS:
Killeen Code of Ordinances Sec. 31-456(e)(1)(A) states that a Conditional Use Permit 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.”
Sec. 31-456(e)(2) states: “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.”
Staff has identified four (4) Conditional Use Permits (CUPs) that have not been put to the permitted use and are therefore expired:
• 9600 S. Fort Hood Street - approved on September 12, 2017 via Ordinance No. 17-047 to allow for single-family homes in “UD” (University District).
• 410 Tower Hill Lane - approved on August 28, 2018 via Ordinance No. 18-027 to
allow for single-family homes in “UD” (University District).
• Approximately 1.516 out of the W. H. Cole Survey, Abstract No. 200 (property, located on the north side of Chaparral Road, west of the intersection of Featherline Road) - approved on April 12, 2022 via Ordinance No. 22-022 to allow for a single-tenant general retail store less than or equal to 10,650 square feet.
• 8390 Featherline Road - approved on May 9, 2023 via Ordinance No. 23-039 to allow for a battery storage site in “B-2” (Local Retail District).
Each of these properties remains undeveloped, and the Conditional Use Permits have not been implemented. Upon termination of the CUPs, the properties will revert to the underlying zoning of the property.
Notice was sent to all property owners in accordance with Sec. 31-456(e)(2) on April 1, 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 zoning request 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 City Council approve a memorandum/resolution approving staff’s determination that the Conditional Use Permits (CUP’s) for the subject properties are terminated.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Ordinance No. 17-047
Notification Letter for 9600 South Fort Hood St.
Ordinance No. 18-027
Notification Letter for 410 Tower Hill Lane
Ordinance No. 22-022
Notification Letter for Chaparral Road (Prop ID 453576)
Ordinance No. 23-039
Notification Letter for 8390 Featherline Road
Presentation