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Council denies rezoning request for 1839 North 25th after applicant testimony
Summary
The Waco City Council voted to deny a land-use and zoning change for 0.633 acres at 1839 North 25th after the plan commission recommended disapproval; the applicant and supporters argued inconsistent treatment compared with nearby stores, while staff cautioned about broader C-2 uses and variance limits.
The City of Waco Council on June 16 denied a request to change the land-use designation for 0.633 acres at 1839 North 25th from medium-density residential/office flex to mixed-use flex and to rezone the parcel from O-3 (office limited commercial) to C-2 (community commercial).
Assistant Director Laura Wagstaff told the council the plan commission recommended disapproval by an 8–0 vote, citing inadequate public infrastructure and incompatibility with adjacent medium-density residential and urban residential land uses. The plan commission also found the proposed C-2 zoning inconsistent with the comprehensive plan and identified nearby undeveloped commercial zoning about 0.25 miles from the site.
Applicant representative John Montes told the council the owner's convenience store has struggled financially since 2020 and argued the property was being treated differently from nearby, older businesses. “My client is the only one that's limited in its zoning,” Montes said, adding that nearby Conoco and Poco Loco stores operate with more permissive commercial zoning.
Council members questioned whether a narrower remedy would address the store’s operational limits. Carlos Diaz, speaking for the applicant team, outlined why a variance alone would be insufficient under the current O-3 designation, noting restrictions on alcohol and lottery sales that limit the owner's revenue mix.
Wagstaff clarified the definition of a neighborhood grocery store that applies under the current zoning, noting the use must be no larger than 20,000 square feet and that building inventory or an audit must show at least 75% of gross sales derive from food, nonalcoholic beverages, or household items; beer and wine for off-premises consumption are allowed but the code caps nonfood sales.
Council members also emphasized that rezoning is broader than relief for a single tenant because C-2 allows multiple commercial uses, including multifamily and restaurants. After discussion, a motion to deny the land-use and zoning change passed. The recorded poll on the motion showed Garfield, Cole, Ewing and Mayor Holmes voting “yes” and Lozano voting “no.”
Next steps: The council’s recorded action denies the requested land-use and zoning change. Staff told the council that the applicant may pursue alternative routes, such as applying for a special permit or a variance to extend hours or apply other narrowly tailored relief, subject to existing code definitions and planning commission review.
