Temple planning commission denies rezoning for 1252 Connor Lane, leaving future of veterans community center unclear

The Temple Planning and Zoning Commission on May 19 denied a rezoning request for 0.16 acres at 1252 Connor Lane that had been proposed to change the property from planned-development single-family attached (PD SF-3) to Office-1, leaving the future use of a vacant community center unclear. The motion to deny the rezoning (case FY-25-13-ZC) carried by recorded vote: 7 ayes, 1 abstention.

Senior Planner Shelby Smith presented the staff report and recommended approval of the Office-1 zoning, telling commissioners the proposed district "does permit low-rise garden-type office development, providing professional, financial, medical and other services to residents in nearby neighborhoods" and that the request is consistent with the comprehensive plan and available utilities. Smith also noted that Office-1 would still allow a community center as a permitted use.

The rezoning request was the subject of a lengthy public hearing. Several speakers who identified themselves as veterans or representatives of Veterans Outreach Ministry described the community center’s history and the way volunteers and nonprofit partners had used and maintained the facility. "We worked tirelessly in the rain, in the cold, in the Texas heat for our veterans," said Mary Grace Sellers, who identified herself as founder of Veterans Outreach Ministry and a U.S. Marine. Developer Pat Patterson, who said he built the subdivision and community center and initially worked with Habitat for Humanity, urged continued support for the veterans who had occupied the neighborhood and described efforts to fund and maintain the center in the past.

Speakers opposed to the rezoning cited existing deed restrictions attached to the subdivision’s lots that the public record identifies as prohibiting commercial uses. City staff and commissioners clarified that deed restrictions (covenants, conditions and restrictions — CCRs) are privately enforceable documents and that the city cannot enforce them; enforcement generally would require action by property owners or a homeowners association, or litigation in district court. Planner Shelby Smith and city staff confirmed that an HOA required by the original ordinance was never established.

Property owners who recently purchased several lots in the development said they had not been able to operate or fund the community center and therefore sought to change the zoning so the building could be sold or rented for nonresidential uses such as office or day-service uses. One owner who identified herself as the property owner along with her husband told the commission she had been willing to sell or transfer the community center at below-market value but had not received follow-up offers.

Commissioners asked staff to confirm whether the area of returned protest notices met the statutory threshold that would require a supermajority at city council (a protest exceeding 20 percent of the notification area). Staff said GIS would confirm the calculation before the item proceeds to council. Smith also noted that 19 notices had been mailed to owners within 200 feet; the record showed multiple returned notices in disagreement and a number returned in agreement.

After public comment closed, Commissioner Rhodes moved to deny the rezoning (mover recorded in the minutes as Commissioner Rhodes; second not specified in the transcript). The roll call recorded seven commissioners voting "aye" and one abstention; the motion carried and the commission recommended denial to city council.

The action does not by itself change private deed restrictions that prohibit commercial uses; several speakers and staff emphasized that such deed restrictions remain in effect and would be enforced, if at all, by property owners or through legal action. The commission’s denial sends the rezoning request forward as a recommendation against approval to city council per the city’s process.

The matter originated from an ordinance (Ordinance No. 20184888) that previously described the lot for a community center for veterans and called for an HOA to be established; staff said the HOA requirement was not implemented. Commissioners and staff also noted the parcel is platted as part of the Crossley Addition subdivision and that the future land-use designation is urban residential.

The commission closed the public hearing and moved on to other agenda items after the vote. Any council-level hearings and any resultant legal or administrative next steps were not resolved at the May 19 meeting and were listed as future actions.

Votes at a glance

- Motion: Deny rezoning request FY-25-13-ZC (rezoning PD SF-3 to Office-1 for 1252 Connor Lane). - Mover: Commissioner Rhodes (recorded in minutes). Second: not specified in transcript. - Tally: 7 ayes, 1 abstain. Outcome: motion to deny carried.

Key context and next steps

- Deed restrictions recorded with the subdivision language (CCRs) include a prohibition on commercial uses; those restrictions remain privately enforceable and were not removed by the commission’s action. - Staff will confirm GIS calculations related to owner protest area before the item proceeds to city council; if protest area meets the statutory threshold, council would require a supermajority to override the protest. - The commission’s action is a recommendation to city council under the city’s rezoning and public hearing process; the city manager’s office and council schedule determine future hearings.