Planning commission approves rezoning, allows high-alcohol cup for 229-acre Old Highway 95 mixed‑use plan

The City of Temple Planning and Zoning Commission on Oct. 6 approved a package of land‑use changes and a planned‑development rezoning for 229.361 acres on Old Highway 95 that clears the way for a large mixed‑use project with detached single‑family homes, townhomes, multifamily and general retail, and a CUP permitting on‑premise alcohol sales comprising more than 75% of gross revenue in the retail area.

The action bundled three related items: amendments to the City of Temple Comprehensive Plan 2020 future‑land‑use map, a thoroughfare plan amendment, and a rezoning/binding site development plan for the property addressed as 8930 and 9018 Old Highway 95. Staff presented the case and recommended approval of the plan and thoroughfare amendments and of a zoning approval subject to 15 conditions — including a staff recommendation that any CUP for on‑premise alcohol limit alcohol receipts to no more than 75% of gross revenue (a restaurant‑type threshold). Commissioners voted to approve the amendments and to adopt the rezoning with a CUP permitting more than 75% of revenue from alcohol sales.

Why it matters: the rezoning establishes a framework for a large, multi‑phase development that the applicant said will include at least 40% detached single‑family homes and a mix of attached housing, multifamily and up to 25% retail uses. Staff and the commission said the package also will reshape transportation needs in the area and trigger infrastructure reviews, including signals and collector/arterial connections that must be coordinated with the city engineer.

What staff and consultants told commissioners Cheryl Maxwell, who presented the zoning case, said the proposal changes the future‑land‑use designation for the phase under review from “residential and neighborhood services” to “corridor mixed use,” and that a site plan and PD conditions specify the percentages of permitted uses across the 229.361‑acre tract. Maxwell described the land as primarily cultivated or undeveloped, bordered on the west by active railroad tracks and adjacent to existing subdivisions such as Chimney Hill and the developing Cotton Bottom Estates. She summarized key program rules in the PD: a minimum 40% of the land area would be developed as single‑family, a maximum 10% for attached townhomes, a combined maximum 25% for multifamily (MF2 and MF3 combined), and a maximum 25% for general retail. Maxwell said the PD would allow MF3 density but the PD condition limits building height to a maximum of five stories (MF3 typically allows up to 10 stories). She also noted lot/coverage and parking/access conditions and higher landscaping minima for nonresidential and multifamily uses.

Traffic consultant Jason Bechtai told the commission that theoretical trip generation for the highest‑end development mix could produce “well over 20,000 trips,” and contrasted that to the current practical capacity of Old Highway 95, which he estimated at about 2,600 daily trips. Bechtai and city staff said the project anticipates new local collectors and an arterial crossing the property and that a signal at FM 93 and Old Highway 95 is already in the design pipeline to address an existing safety hotspot.

Alcohol sales dispute and applicant remarks Staff asked the commission to limit any blanket CUP for on‑premise alcohol to uses where alcohol accounts for up to 75% of gross revenue, citing concerns that an unrestricted CUP across 57 acres of retail could permit an excessive number of bar‑type establishments. Maxwell said, “Staff has concern with the GR area with no restrictions on the bar‑type use. You've got 57 acres, to allow any number of bars.”

The project applicant, developer John Kila, opposed the 75% cap and asked the commission to approve a CUP that would allow on‑premise alcohol sales to make up more than 75% of gross revenue (a scenario closer to a bar). Kila said he includes CUPs on the front end of projects so prospective buyers and institutions know what may be permitted in the retail areas. “Full disclosure, transparency is what keeps people from standing in front of you and say, why didn't you tell us?” Kila said.

Commission action and next steps The commission first voted unanimously to approve the Comprehensive Plan amendment and thoroughfare plan amendment. Commissioners then voted unanimously to approve the rezoning/binding site development plan (FY‑25‑29‑ZC) with the applicant’s requested CUP greater than 75% for on‑premise alcohol sales in the GR area. The staff record notes 15 conditions of approval and that the DRC (Development Review Committee) reviewed and recommended technical changes on Aug. 18.

Maxwell told the commission the zoning and site development cases are scheduled to go to City Council for first reading Oct. 16 and for second reading Nov. 6.

Key clarifying details - Site: 229.361 acres addressed 8930 and 9018 Old Highway 95 (Bell County, City of Temple). - Zoning/PD mix: minimum 40% SF‑3 (detached single family); maximum 10% SFA‑3 (townhomes); combined maximum 25% MF‑2/MF‑3 (multifamily); maximum 25% general retail (GR). - Multifamily MF‑3 base density normally allows up to 40 dwelling units per acre and up to 10 stories; PD limits height to 5 stories. - Townhome lot minimum normally 2,300 sq. ft.; PD would allow reduction to 2,000 sq. ft. - Rough dwelling‑unit estimate provided by staff: 1,700 to about 3,700 units (a high‑level estimate that does not subtract park, right‑of‑way or open space). - Utilities: existing 8‑inch water line along Old Highway 95; sewer at the southwest corner of the site. - Notices: public hearing notice printed in the Temple Telegram (Sept. 25); required notices mailed to three city‑limit property owners (city‑owned park property) and three courtesy notices to adjacent property owners; school districts were notified; staff reported no written responses. - DRC review: Aug. 18; staff incorporated DRC recommendations into the PD conditions.

What the approval does not yet do The commission’s votes approve plan and zoning changes and the outline PD standards; the detailed site plans, final plats and infrastructure designs will be reviewed through subsequent DRC/site plan and subdivision processes. Staff noted that certain significant changes would need to return to P&Z and City Council for review.

Speakers quoted in this report were identified in the public record as follows: Cheryl Maxwell, planner; Jason Bechtai, city traffic consultant/planner; John Kila, developer; and multiple commissioners including Chair Greg Rhodes. Exact attributions and quotations come from the meeting transcript.

Provenance: transcript excerpts for this report begin where staff read the item and presented the PD and traffic analysis and end at the commission’s vote approving the rezoning and CUP. The case will proceed to City Council for readings on Oct. 16 and Nov. 6 as noted by staff.