Zoning change approved despite protests
The assisted living center would include 30 homes for residents, a first in Kingsville.
Dick Messbarger, Executive Director of the Greater Kingsville Economic Development Council, stated his support for the ordinance and discussed the opportunity for growth.
“Nine years ago, when the area in question had nothing but a Wal-Mart, hospital, and real estate company. There was an opportunity for Lowes to come in, and there were many citizens resisting, saying that Lowes would shut other local lumber companies down; however, as of today none of the lumber companies that were here before Lowes has closed, and the city has benefited positively from the company being here,” he said.
“There is an extreme need for this project here in Kingsville and Mr. Cummings, who owns the land, is trying to make it possible,” Messbarger said.
Cummings stated, “I first came to Kingsville nine years ago and the city has grown tremendously and this proposed area is the perfect place for the facility because of the accessibility to retail and the hospital.”
“I immediately got involved with the EDC and city government to build a process for this project and had a group out of Dallas do some market research of the area to see if Kingsville would be a viable market for this center. Through the study and through other observations the need for a facility like this in the area is clear,” he added.
Cummings reminded the commission that if the ordinance was not passed then the opportunity for this type of facility would most likely go away completely.
There were other supporters of the ordinance in the audience who stood up and spoke to the commission such as Joe Henkel, President and CEO of Kleberg Bank.
“I support this program and tried to offer financing to the developers; however, they told me they already have it,” Henkel said.
“There is a need for this facility in our community and I am surprised to hear the concerns that some of the opposing citizens have. I have lived in other cities around Texas and have never seen this type of backlash for an assisted living center,” said Henkel.
Bobbi Nix, 75, a retired educator, spoke of how she would like to continue living in Kingsville and an assisted living center would allow citizens of her age to continue living here also. “A number of my friends have had to leave Kingsville because there is no place for them to go for their needs to be met,” Nix said.
Jeff Dyer of Falfurrias said his parents are in their late 70s and one has Alzheimer’s. There needs to be a place for them and others like them who live in the area to go instead of having to go all the way to Alice or Corpus Christi; they should be able to come to Kingsville, he said.
There were many citizens of the neighborhood surrounding the proposed area who stood up and took a stance against the ordinance.
Juan Lozano, who lives on Palm Ave., said the facility would be right in his backyard and at first he was all for the idea but after hearing more about, it he now has his doubts.
“From what I have understood, the price to live in this proposed facility would be pretty steep, I wonder if there would be enough clientele who could afford the price,” he said. “I don’t want this facility to be built then close down because there is not enough business, then there would just be a vacant building and an eyesore in my backyard,” Lozano said.
Daniel Morales, who also lives on Palm Ave., said that he was not opposed to the idea as a whole and that the facility would be great for the community but he did not understand why it needs to be built in a prime residential area such as this.
A petition was presented to the commissioners, which showed that 22 of 23 residents who live within 200 ft. of the area of the proposed facility sign it.
Since this issue reflected so much emotion from citizens, some of the commissioners took some time to present their thoughts. Commissioner Al Garcia spoke of previous complaints from residents near the site of the proposed facility. He said residents complained about rodents that entered their homes from the open field.
The facility could possibly put an end to that, he said.
He also spoke of the community’s initial reactions to previous projects in that area that have since prospered.
“I can remember when Eddie Yaklin Ford dealership and Neessen Automotive were to be built on the bypass in that area and people initially opposed, I have heard no negative complaints since then about either business and that says a lot.” Garcia said.
“This center would be a benefit to our community and as baby boomers, such as myself, are coming up and getting older there is a continuing need which is not being met. There would be many jobs that would bring revenue to the community in a time where the economy is down and every opportunity to grow should be embraced,” he added.
Commissioner Charlie Wilson commented on how nothing gets someone’s emotions up in this community such as when their property and taxes are being affected; however, that the decision that was to be made needs to be what’s best for the community, not a particular neighborhood or development.
Wilson also made a side note of how he had heard talk of people saying they knew how he was going to vote prior to the meeting. Wilson said he did not appreciate that comment, because of all the people who were present at the meeting, there was only one person who knew how he was going to vote — and that person was him.
Commissioner Arturo Pecos spoke of how many citizens question why structures and businesses such as the assisted living facility are not being built on the northside of Kingsville. He mentioned that there is a lot of available land in that area; however, the southside is where the developers choose to make proposals.
Mayor Sam Fugate stated how this particular issue and decision were very difficult personally because of the relationships he has with some of the citizens in the proposed area.
“Some of the citizens in this area that are here opposing this issue tonight are close personal friends of mine, people that are on my election committee, and people that I socialize with and care deeply for,” Fugate said. “However, this is about the community and we do not have a lot of opportunities with developers in the economy right now and if you turn one down that could possibly send a clear message to the others who are looking at the area for their business that we do not want to hear them and that is completely wrong.”
“We have a developer that owns the property and wants to develop it and the city would gain around $140,000 in taxes and the citizens who would work at the facility would have a payroll of over a million dollars a year which would go back into our community and that is a significant change,” Fugate said.
Fugate remarked how the citizens in that particular area are currently looking the back end of Lowes, which is not a great view, so he thought they would appreciate a change.
Among many whispers and remarks in the audience immediately following Fugate’s comment, a resident remarked, “Yeah, but it’s not 200 feet away.”
Commissioner Stanley Laskowski had no remarks or statements so the issue was then set up for vote.
A motion was made by Commissioner Garcia to approve the ordinance and it was seconded by Commissioner Pecos.
Commissioner Pecos voted yes; Commissioner Garcia voted yes; Commissioner Wilson voted no; Commissioner Laskowski abstained from voting, citing a conflict because he is a resident of that subdivision and would prefer not to vote; and Mayor Fugate voted yes.
According to City Attorney Courtney Alvarez, due to the fact that Commissioner Laskowski abstained from voting, there is case law that shows when their is a vacancy in the court, such as a death or conflict of interest, the amount of the majority is decreased.
In this case, only three out the five votes needed to be “yes” to approve the ordinance. So the ordinance was approved and the meeting was adjourned.
