Sand and Gravel Mining Permit at Kleberg Road
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An application for an amendment to Specific Use Permit No. 798 for a Mining of Sand and Gravel use on property zoned an A(A) Agricultural District, on the southwest line of Kleberg Road, between US 175 Frontage Road and Jordan Valley Road. Staff Recommendation: Approval, subject to an amended site plan and conditions. Applicant: Mesquite Landfill TX, LP Representative: Weaver Consultants Group, LLC Planner: Michael Pepe U/A From: February 6, 2025, March 6, 2025, April 10, 2025, May 22, 2025, and June 26, 2025. Council District: 8 Z212-131(MP/SM)
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Challenge phantom commissioner votes before Kleberg Road mining ordinance is adopted
Applies if: You represent an adjacent property owner or any party with standing to challenge the rezoning.
Context: Item 11 notes '*Herbert and Forsyth out of room, shown voting in favor' and Item 17 notes '*Rubin out of room, shown voting in favor' — three commissioners across two separate 13-0 hearings may have been recorded as present when absent, a defect in the City Plan Commission record that advances to Council unremedied.
Recommended: Pull the official minutes and audio recordings for the hearings where Herbert and Forsyth (Item 11) and Rubin (Item 17) were each recorded as voting in favor while the minutes note they were out of the room — if those votes were improperly tallied toward the 13-0 counts, a procedural objection must be raised at Council or preserved before the record closes, because post-adoption challenges face a higher burden.
Confirm corrected file number before Kleberg Road mining ordinance is recorded
Applies if: You are the rezoning applicant or hold an interest in the subject parcel.
Context: Item 22 vote minutes state 'Document prints file number as 25-533A; corrected to 25-534A per agenda roster' — the discrepancy originated in the City Plan Commission record and must be confirmed corrected before the ordinance is adopted and recorded with the county.
Recommended: Contact City Council staff to verify the ordinance submitted for the Council vote carries file number 25-534A and not the erroneous 25-533A printed in the Item 22 minutes — a mismatched case number on a recorded zoning ordinance can create a title defect on the rezoned parcel that complicates future financing, permitting, or transfer.
Investigate phantom commissioner votes on Kleberg Road sand mining case
Context: Items 11 and 17 each show a 13-0 vote with asterisked notes that named commissioners were out of the room and shown voting in favor; combined with a printed file number error on Item 22 (25-533A corrected to 25-534A) and five consecutive carries over five months, the administrative record for this case contains multiple verifiable anomalies that can be documented before the Council vote closes it.
Recommended: File a public records request for audio recordings and attendance logs from the City Plan Commission sessions where Herbert, Forsyth, and Rubin appear in the vote tally despite the minutes noting they were out of the room — if recording absent commissioners as voting in favor is a routine practice, the story extends well beyond this one mining case.
Request Kleberg Road mining operating conditions before Council vote locks them in
Context: Five consecutive carries from March 6 through August 7, 2025 on an industrial sand and gravel mining case strongly suggest ongoing condition negotiation — the final staff memorandum before the August 7 vote will show what operational restrictions, if any, were secured before the 13-0 passage.
Recommended: Submit a public records request for the staff memoranda from all five City Plan Commission hearings — those documents will contain any written conditions on truck haul routes, operating hours, dust controls, and setbacks that become binding operational limits on the mine once the ordinance is adopted, after which changes require a new zoning case.
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An application for an amendment to Specific Use Permit No. 798 for a Mining of Sand and Gravel use on property zoned an A(A) Agricultural District, on the southwest line of Kleberg Road, between US 175 Frontage Road and Jordan Valley Road. Staff Recommendation: Approval, subject to an amended site plan and conditions. Applicant: Mesquite Landfill TX, LP Representative: Weaver Consultants Group, LLC Planner: Michael Pepe U/A From: February 6, 2025, March 6, 2025, April 10, 2025, May 22, 2025, and June 26, 2025. Council District: 8 Z212-131(MP/SM)
Vote: 13 for, 0 against, 1 absent
recommend denial without prejudice of amendment to SUP No. 798 for Mining of Sand and Gravel
An application for an amendment to Specific Use Permit No. 798 for a Mining of Sand and Gravel use on property zoned an A(A) Agricultural District, on the southwest line of Kleberg Road between US 175 Frontage Road and Jordan Valley Road. Staff Recommendation: Approval, subject to an amended site plan and conditions. Applicant: Mesquite Landfill TX, LP Representative: Weaver Consultants Group, LLC Planner: Michael Pepe U/A From: February 6, 2025, March 6, 2025, April 10, 2025, and May 22, 2025. Council District: 8 Z212-131(MP)
Vote: 13 for, 0 against, 2 absent
recommend approval of MF-2(A) Multifamily District
*Herbert and Forsyth out of room, shown voting in favor
An application for an amendment to Specific Use Permit No. 798 for a Mining of Sand and Gravel use on property zoned an A(A) Agricultural District, on the southwest line of Kleberg Road, between US 175 Frontage Road and Jordan Valley Road. Staff Recommendation: Approval, subject to an amended site plan and conditions. Applicant: Mesquite Landfill TX, LP Representative: Weaver Consultants Group, LLC Planner: Michael Pepe U/A From: February 6, 2025, March 6, 2025, and April 10, 2025. Council District: Z212-131(MP)
Vote: 13 for, 0 against, 2 absent
hold under advisement until June 26, 2025
An application for an amendment to Specific Use Permit No. 798 for a Mining of Sand and Gravel use on property zoned an A(A) Agricultural District, on the southwest line of Kleberg Road between US 175 Frontage Road and Jordan Valley Road. Staff Recommendation: Approval, subject to an amended site plan and conditions Applicant: Mesquite Landfill TX, LP Representative: Weaver Consultants Group, LLC Planner: Michael Pepe and Sarah May, AICP U/A From: February 6, 2025 and March 20, 2025. Council District: 8 Z212-131(MP)
Vote: 13 for, 0 against, 2 absent
hold under advisement until May 22, 2025
*Rubin out of room, shown voting in favor
An application for an amendment to Specific Use Permit No. 798 for a Mining of Sand and Gravel use on property zoned an A(A) Agricultural District, on the southwest line of Kleberg Road between US 175 Frontage Road and Jordan Valley Road. Staff Recommendation: Approval, subject to an amended site plan and conditions Applicant: Mesquite Landfill TX, LP Representative: Weaver Consultants Group, LLC Planner: Michael Pepe and Sarah May, AICP U/A From: February 6, 2025. Council District: 8 Z212-131(MP)
An application for an amendment to Specific Use Permit No. 798 for a Mining of Sand and Gravel use on property zoned an A(A) Agricultural District, on the southwest line of Kleberg Road between US 175 Frontage Road and Jordan Valley Road. Staff Recommendation: Approval, subject to an amended site plan and conditions. Applicant: Mesquite Landfill TX, LP Representative: Weaver Consultants Group, LLC Planner: Michael Pepe Council District: 8 Z212-131(MP)
Vote: 9 for, 1 against, 5 absent
hold under advisement until March 6, 2025
Document prints file number as 25-533A; corrected to 25-534A per agenda roster