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REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION
TUESDAY, FEBRUARY 10, 2026, AT 5:30 P.M.
CITY HALL TOWN HALL (2nd FLOOR)
118 E. TYLER AVENUE
HARLINGEN, TEXAS 78550
This is not a Meeting of the Harlingen Elective Commission; however, a quorum of the City
Commission may be present. Other City Board members may also be present.
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE / WELCOME
CONFLICT OF INTEREST: Under State Law a conflict of interest exists if an advisory board
member or certain members of that person’s family has a qualifying financial interest in an
agenda item. Members with a conflict of interest cannot participate in the discussion nor vote
on the agenda item. Are there any known conflicts of interest to disclose at this time?
CITIZEN COMMUNICATION: At this time, the public is invited to address the Board and speak
on any matter not specifically listed for public hearing elsewhere on this agenda. Please note
that the Board members may not respond to comments or deliberate on topics addressed.
ELECTION OF OFFICERS
APPROVAL OF MINUTES
1) Regular Meeting of January 13, 2026
CONSENT AGENDA
1) Consideration and possible action to approve the preliminary construction plans and final
plat with conditions of the proposed Lot 5, Block 1, Harlingen Heights II Replat, bearing a
legal description of a resubdivision of a 3.08 acre tract of land, also being all of Lot 5, Block
1, Harlingen Heights II Subdivision, located north of TX Spur 54, approximately 935.25 feet
northwest of I-69 East. Applicant: Supreme Engineering, LLC c/o Ezequiel Reyna Jr.
ACTION ITEMS/PUBLIC HEARINGS
1) Public hearing and take action to consider a request for a Special Use Permit (SUP) to allow
an adult business (hemp retail holistic wellness center) in a General Retail ("GR") District
located at 2710 S. Expressway 83, bearing a legal description 0.3398 acres out of 2.4900
acres of Block 1, Harlingen San – Har Subdivision. Applicant: Rudy Martinez
a. Presentation by city staff
b. Public Hearing
c. Consider and take action to recommend the Special Use Permit request to the
City Commission.
2) Discussion on Potential Training Dates and Revised Meeting Schedule
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PLANNING AND ZONING COMMISSION
January 13, 2026
The regular meeting of the Planning & Zoning Commission was held on Tuesday, January 13, 2026, at
the City of Harlingen Town Hall, located at 118 E. Tyler Harlingen, Texas, with the following present:
COMMISSIONERS PRESENT:
Carlos Sanchez, P.E. Vice Chairman
Vanessa Cantu Commissioner
Wandy Cruz-Velázquez, J.D., M.A. Commissioner
Raul L. Flores Commissioner
Carly Thomas Commissioner (First Meeting)
COMMISSIONERS ABSENT:
Nicholas P. Consiglio Chairman
Vacant Commissioner
CITY STAFF PRESENT:
Ana Hernandez Planning and Development Director
Joel Olivo Assistant Planning and Development Director
Soledad A. Núñez City Planner
Rodrigo Sanchez City Planner
Sabina Ramirez Administrative Assistant II
Mark Sossi City Attorney
Frank Morales City Commissioner, District 4
Robert Hernandez City Engineer
Nadia Lopez Assistant City Engineer
Raul Rodriguez Deputy Building Official
PLEDGE OF ALLEGIANCE/WELCOME
Vice Chairman Sanchez bid everyone a good afternoon and called the meeting to order on Tuesday,
January 13, 2026, at 5:32 p.m. He proceeded to read the notice that this was not a meeting of the
Harlingen Elective Commission and took the opportunity to recognize the presence of Commissioner
Morales. He led the group in reciting the Pledge of Allegiance.
The Vice Chairman thanked and welcomed everyone again and before proceeding with the meeting,
indicated he wanted to welcome new Board Commissioner Carly Thomas. He thanked her for joining
us and volunteering her time to serve on the Commission. Ms. Thomas thanked the group for having
her.
CONFLICT OF INTEREST
Under State Law, a conflict of interest exists if an advisory board member or certain members of that
person’s family has a qualifying financial interest in an agenda item. Members with a conflict of
interest cannot participate in the discussion nor vote on the agenda item.
Vice Chairman Sanchez continued to the Conflict of Interest statement. He asked the Board if there
were any known conflicts of interest to disclose at this time. The members of the Board indicated there
were none.
CITIZEN COMMUNICATION
Vice Chairman Sanchez asked if there was anyone signed up for Citizen Communication. Ana
Hernandez, Planning and Development Director, indicated that there was someone signed up that
would like to speak during the Public Hearing for Action Item 2. The Vice Chairman made note.
AGENDA ITEMS
1. Approval of Minutes: Regular Meeting of December 9, 2025
Vice Chairman Sanchez presented the approval of minutes. He asked if there were any comments,
corrections or additions, and if not, asked to entertain a motion. Cmr. Flores made the motion to
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approve. Cmr. Cantu seconded the motion. The Vice Chairman moved the motion to a vote. The
motion passed unanimously.
2. Consent Agenda
a. Consideration and possible action to approve the preliminary construction plans
and final plat with conditions of the proposed Altas Palmas Subdivision, bearing a
legal description of 13.58 acres out of Survey 140, L.L. Adams Subdivision, located
south of Wilson Road, approximately 4,800.46 feet east of Bass Boulevard.
Applicant: Moore Land Surveying, LLC c/o Zarate Home Designs
Vice Chairman Sanchez presented the Consent Agenda Item. He indicated that the Board can vote on
it as is or that if there was a Commissioner that wanted to pull it for further discussion, they could also
do that.
The Vice Chairman asked if there was a motion to procced with an approval. Cmr. Cruz-Velázquez
made the motion to approve. Cmr. Cantu seconded the motion. The motion was moved to vote. The
motion passed unanimously.
ACTION ITEMS/PUBLIC HEARINGS
1. Public hearing and take action to consider a request for a Special Use Permit (SUP) to
allow a bar/lounge in a Light Industry (“LI”) District located at 2669 North Expressway
77, Building D, bearing a legal description of 0.32 acres out of 5.79 acres, out of Lot 2,
Block 1, West Harlingen Industrial Park Subdivision. Applicant: Patrick B. McDermott
City Planner Rodrigo Sanchez presented the request for an SUP before the Board, as follows:
• The Legal Notice Map for the Subject Property was used to present the item.
• Mr. Sanchez noted that a bar/lounge in this district requires that a Special Use Permit be
approved. Today is the first hearing by the Planning and Zoning Board.
• An Aerial View of the Subject Property was presented.
• Mr. Sanchez explained that that one of the buildings that is part of this development will be the
home potentially for a restaurant/brew pub to be called “Texas Brewery Patrol”. He said it will
be housed in building “D”.
• A Street View of Building “D” was presented.
• Mr. Sanchez indicated that as seen in the image, there was quite a bit of street access for the
commercial industrial Plaza and quite a bit of parking. He said that this specific business
requires twenty-three (23) parking spaces according to the floor plan that was submitted. Mr.
Sanchez stated that the applicant has indicated that compliance with the parking requirements
will be achieved through shared parking. Mr. Sanchez confirmed that Staff did receive a letter
from the owner of this development where he does authorize the applicant that if he needs more
parking, he can use most of this parking as seen on the image.
• The proposed hours of operation will be seven (7) days a week, and the hours as of right now
will run from two (2:00) p.m. to twelve (12:00) a.m. [midnight].
• An image Building “D” Interior Remodel was presented. Mr. Sanchez stated that the building
is undergoing some interior remodel to get ready for the Texas Brewery Patrol.
• The Future Land Use Map for the Subject Property was presented.
• Mr. Sanchez stated that the Land Use Map is aligned with the use.
• Building Inspections, Fire Prevention Bureau, the Police Department and Health Department
reviewed this request, and none presented any objection to the request.
• Mr. Sanchez reported that Staff have not received any phone calls, no letters nor emails with
concerns about this business.
• Staff recommends approval of the request for a Special Use Permit, subject to the conditions
noted –
o Obtaining and maintaining the proper state and city permits,
o Providing video surveillance with a minimum 30-day retention and, of course,
o Complying with the requirements [administered by the various departments].
• Mr. Sanchez reminded the Board that the hours of operation being requested are two (2:00)
p.m. to twelve (12:00) a.m. (midnight) and that it will be seven (7) days a week.
• Mr. Sanchez stated that the applicant was present in the event that the Board might have
questions for him.
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Vice Chairman Sanchez thanked Mr. Sanchez. He asked if there were any questions for Staff.
Cmr. Cruz-Velázquez asked Mr. Sanchez to expand on the shared parking. She asked if the
businesses are going to be open at the same time. Mr. Sanchez said that when he went to the site,
he estimated that approximately half of the suites were not occupied so that parking is, as of right
now, available. Mr. Sanchez added his observation that the types of businesses that he saw there
are the types of business that will either close by approximately five or six (5 or 6) p.m. or they are
the type of businesses where you don’t see a lot of foot traffic. He described a conditioning
business that would go out to the customer and a personal trainer gym that you would make an
appointment for. He also said he saw a fence supply company. He said that normally you don’t get
people in and shopping and noted that those people would get dispatched to go and build fences.
He said this was the type of businesses that he saw when he went out there and stated that we
should have confidence that, at least as of today, the combination of business and this business
achieve satisfactory compliance with parking requirements.
Cmr. Cruz-Velázquez followed up by asking about the future possibility for other business that may
come up. She asked if this has been considered and whether that will affect those businesses that
come in. Mr. Sanchez said absolutely. He said that it was an evolving thing and ever changing.
He said that businesses will come in and businesses will close. He said it was not an impossibility
and that once you get started into that situation, you begin to study more precisely what the hours
of the businesses are. He said it was a good observation because all of a sudden, the available
parking is less. He said you have to be more precise, learning the specific hours so that they don’t
conflict with the different businesses.
Cmr. Cruz-Velázquez asked for confirmation about the hours of operation. Mr. Sanchez said they
were from two (2:00) p.m. to twelve (12:00) a.m. (midnight). He said this is what has been
requested.
Cmr. Cantu asked if the total amount of parking for the entire place was known. Mr. Sanchez said
that looking back to when the Site Plan for this development was first reviewed, there were
showing approximately seventy-six (76) parking spaces. He added that when he went out there,
eleven (11) parking spaces were apparently allocated for this particular building.
Cmr. Cantu asked how many buildings there were. Mr. Sanchez said there were approximately
eight (8) buildings. Cmr. Thomas interjected that inside each building, sometimes they are split up
into multiple offices and some of these are owned and some are rented. She asked if this was
correct. Mr. Sanchez stated that to his knowledge, all were rented except this one. He said that to
his understanding, the property owner bought the spaces, the ground and building, and so he owns
that part and the eleven (11) parking spaces in front of his.
Cmr. Thomas asked if we had any ideas what the occupancy would be of this business. She asked
for the maximum or whether that had been determined. Mr. Sanchez stated that he wasn’t sure if
that had been determined. The applicant interjected that this was still pending with the Fire
Marshall. Cmr. Thomas acknowledged this information.
Cmr. Cruz-Velázquez asked what determined that number of spaces. Mr. Sanchez explained that
the number of parking spaces is determined by the seating area. He said it was either the floor area
or the seating area. He said both are calculated and that the greater number is used. Cmr. Cruz-
Velázquez acknowledged the response provided.
Vice Chairman Sanchez acknowledged that there were a lot of good questions. He asked if there
were any other questions for Staff.
Cmr. Flores indicated that he was not very familiar with the area but noted that there are a lot of
green buildings out there. He asked if the buildings were designed for windstorm and what they
were designed for. Mr. Sanchez deferred to Deputy Building Official Raul Rodriguez who was
present. Mr. Rodriguez stated that they require windstorm plans for every building. Cmr. Flores
asked for confirmation that this was true of even the very first ones. He said that the reason he was
asking is because he didn’t remember the buildings being part of the City and now all of a sudden,
he sees the building and that stuff all around. Mr. Rodriguez explained that it is required and that
they don’t issue a building permit unless they have the windstorm plans for the building. Cmr.
Flores acknowledged this response.
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Vice Chairman Sanchez asked if there were any other questions for Staff. He indicated this item
has a Public Hearing for this item and would proceed with it.
The Public Hearing was opened. The Vice Chairman asked if there was anybody present that
would like to speak and address the Commission in favor or against this request. Upon seeing and
hearing none, the Public Hearing was closed.
Vice Chairman Sanchez said he would entertain a motion. Cmr. Thomas made the motion to
approve. Cmr. Cruz-Velázquez seconded the motion. The motion was moved to a vote. The
motion passed unanimously.
2. Public hearing and take action to consider a request for a Special Use Permit (SUP) to allow
an adult business (smoke shop) in a General Retail ("GR") District located at 1616 N. Ed
Carey Drive, bearing a legal description of Lot 9, Medical Subdivision. Applicant: Al
Hatabeh Abdelad
City Planner Soledad Núñez presented the following information related to the proposed subdivision,
as follows:
• The Legal Notice Map was used to present the item. Ms. Núñez shared that the property
owners are proposing to name the business Cyber Skunk Smoke Shop out of an existing
building.
• The building is approximately twenty-four hundred (2,400) square feet.
• An Aerial View with the Subject Property highlighted in red was presented. Ms. Núñez pointed
out surrounding businesses including Valley Baptist Hospital, CVS, Walgreens and some of the
medical offices in the area.
• Ms. Núñez explained that the subject property had been previously used as a pharmacy.
• The proposed hours of operation are Monday through Friday, from nine (9:00) a.m. to twelve
(12:00) a.m. (midnight), and Saturday and Sunday from nine (9:00) a.m. to two (2:00) a.m.
• The merchandise being proposed consists of tobacco and vape products, hookah accessories
kratom, novelty items and other adult merchandise.
• Ms. Núñez reported that six (6) parking spaces are required and that thirty-one (31) are
provided in the plaza.
• The Site Plan that was provided by the applicant was presented.
• Surrounding properties are zoned General Retail (GR) District to the south, west and north, and
Office (O) to the east and northwest. Land Uses immediately north, south and west of the
plaza consist of commercial and office uses. To the east is primarily office and medical use.
• A Street View of the Subject Property was presented. The property used to be the Harlingen
Pharmacy.
• The Building Inspections Division and Fire Marshall’s Office both reviewed the request and
both approved the request. The Harlingen Police Department and Health Department both
reviewed the request and both denied the request based on the fact that they are selling a
product called kratom. Ms. Núñez explained that this product has not been approved by the
FDA for medical consumption. She said that the Harlingen Police Department is denying the
request based off the fact that they need to do more research on the business to make sure
compliance is in order and to make sure the community is safe.
• Staff did not receive any objections from surrounding property owners. Staff did mail off
notices to [surrounding property owners].
• Staff is recommending denial of the request.
Vice Chairman Sanchez thanked Ms. Núñez and asked if there were any questions for Staff.
Cmr. Cruz-Velázquez asked if this was the item the Board received an addendum for last minute. Ms.
Núñez said yes and that it was because the Police Department just sent Staff their comments this
morning. Cmr. Cruz-Velázquez acknowledged this response.
Cmr. Thomas asked if there were any other smoke shops in the area. Ms. Núñez said that there were
on two (2) on 77 [Sunshine Strip]. She said they were approved around 2023-2024. She also said that
the main concern is not just with the products being sold but the proximity to Valley Baptist Hospital,
which is very close and that there are a lot of medical offices in the area as well.
Cmr. Flores made the motion to deny. Vice Chairman Sanchez told the Cmr. to hold because there is a
Public Hearing and it needs to be opened for that. He said that if there were no other questions for
Staff, he would open the Public Hearing.
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Vice Chairman Sanchez opened the Public Hearing. He asked if there was anybody present to address
the Commission, to please step forward and identify themselves.
Dr. Karl Frey, surrounding property owner
Dr. Frey introduced himself before the Board, identifying that he is an Oral Surgeon and stating that he
has been practicing in that medical row for the past forty-five (45) years and owns two (2) lots. Dr.
Frey said the [subject property] is a nice location because of the visibility to Ed Carey Drive and 77
Sunshine Strip and that you can walk to work at the hospital. He said that the problem has always
been parking in this area and that this was evident to anyone who has ever visited the place. He shared
how parking has changed since the fifties ([19]50s). He shared that TxDOT recently announced their
proposal to widen Ed Carey Drive and that it would involve taking the outer row of park spaces that
faces directly on Ed Carey. He said that [the spaces] are going to be eliminated and that it is going to
make it very hard for people who are going to be coming into the offices there with the narrow throat
that exists now. He also mentioned that TxDOT engineers told him that at the entrance to the parking
lot off the alley, they will widen the throat because it is going to be difficult to make really tight turns
for anyone that has got a big truck to enter there. Dr. Frey stated that this applicant is going to lose the
parking spots facing Ed Carey Drive plus others to create the throat along the alley and there are seven
(7) parking spots. He also mentioned the alley is full of potholes. He said that when the pharmacy was
there, it was difficult for their business for people trying to turn into these parking spots off the alley
and trying to back out again. He said that what happens is exactly what you would expect would
happen and what you would do. He said people use the CVS parking lot or they use other parking lots
for the offices along the street or even sometimes use the Valley Baptist Parking lot although they are
subject to being towed there. Dr. Frey reiterated that there are seven (7) spots along the alley and that
the rest of the spots in that parking lot are owned individually by the individual offices. He said it is
not communal. He said that they bought their second building particularly to pick up more parking
spots there because it was so difficult. Dr. Frey summarized that he would recommend not allowing
this based on the difficulties with parking. He said he didn’t know where [Staff] got that number of
thirty-one (31) spots and stated that this was inaccurate and that this could be easily seen by going out
and counting the spots. He repeated that he would recommend to deny this based on the parking
problem.
Vice Chairman Sanchez thanked the Dr. for his comments. He asked if there was anybody else that
would like to address the Commission in favor or against. The applicant indicated he wanted to speak.
The Chairman asked him to step forward and identify himself.
Abdelhadi Al-Hatabeh, applicant
Mr. Al-Hatabeh wished the Board a good evening and identified himself before the Board. He said
they could call him Abdul. Mr. Al-Hatabeh said he appreciated the opportunity to speak with the
Board tonight and said he was here to respectfully request approval for a Special Use Permit for their
business “Cyberpunk Smoke Shop” at 1616 N. Ed Carey Drive.
He said that they were proud to be a Texas based company with over 30 smoke shop locations in the
state of Texas currently operating throughout the state. He said that their brand, Cyber Skunk, Mr. Puff
and Vitrum, are known for the clean, professional and fully compliant environments. He said that they
have been in business for over fifteen (15) years and said that he wanted to emphasize that every one
of their stores is 100% compliant with local, state, and federal regulations. He said that they operate
with zero tolerance for underage entry or sale. He said that no person under the age of 21 is allowed
inside of their stores and said that all employees are trained to strictly enforce ID checks and maintain
a secure and respectful shopping environment. He said they take pride in being good neighbors and
responsible members of every city they have served.
Mr. Al-Hatabeh said that they have already received Special Use Permit approvals in both the cities of
McAllen and Laredo. He said they just opened their nearest location to this area in Brownsville, Texas.
He said that they did not require a Special Use Permit over there due to the Zoning. Mr. Al-Hatabeh is
that their goal in Harlingen is the same, to bring to everyone a well-run, clean, and secure business to
the community and one that creates jobs and generate tax revenue and operates with integrity Mr. Al-
Hatabeh said he appreciated the Board’s time and respectfully asked for their support in approving this
request. He said he was available to answer any questions they may have. He said he was open to
listen and basically adjust or adapt to any requests or demands from the public.
Vice Chairman Sanchez thanked the applicant.
Cmr. Cantu asked the applicant if he owned the property or if it was a lease. Mr. Al-Hatabeh said they
had their broker with them and said it was leased. He mentioned that they [the broker] already applied
for a change of zone because it was zoned as Office (O) and was approved as [General] Retail (GR).
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He said that he believed they discussed parking and everything in that session and that it had been
approved mid-December.
Cmr. Cantu said she assumed the lease was not completely finalized until he got approval. Mr. Al-
Hatabeh said it was finalized but was based on approval by the Board. He said that if the Board’s
approval is not there and the City’s approval is not there, then they will not proceed with the lease.
Vice Chairman Sanchez asked if it was subject to. Mr. Al-Hatabeh said yes.
Cmr. Cruz-Velázquez indicated she had a question. Before asking, she thanked the applicant for being
there and explaining. Cmr. Cruz-Velázquez asked if he had said he had businesses already in McAllen
and Laredo. The applicant said yes and mentioned other locations across the state. Vice Chairman
Sanchez added Brownsville. Mr. Al-Hatabeh confirmed this saying it was the newest location. Cmr.
Cruz-Velázquez continued with her question and asked if other locations were new hospitals or in
similar situations as this one. The applicant said yes. He said that the Laredo location is on Sanders
and that it was literally across the street from the Medical Center. He said that they went through the
Special Use Permit process and that they were able to get approval for it.
Mr. Al-Hatabeh said that they have done their research. He said that just like a bar, that they make sure
to evaluate when someone comes in and they are not in good form to purchase any product. He said
they are not going to sell to them and that they ID everybody. He said they are not just her to hurt the
community and said they are [selling] responsibly and that it is regulated.
Ms. Núñez asked about the product “kratom” and asked if he had decided that he will be selling that.
The applicant said that there are cities that say one thing and others that it is not allowed. He said he
was open to whatever the City accepts. He explained that kratom is a plant-based product that is
already being sold. He said it is not banned or anything and that it just didn’t have FDA approval just
like other products that don’t have FDA approval. He said that kratom is getting sold in Harlingen in
every smoke shop and maybe gas station. Cmr. Cruz-Velázquez said she was familiar with it. Mr. Al-
Hatabeh added that if the Council says don’t sell it, he will gladly take it off and that it wasn’t a
problem. Cmr. Cruz-Velázquez said these were all her questions and thanked the applicant.
The applicant thanked her as well and asked if there were any other questions.
Vice Chairman asked the applicant to address the concerns on the parking. The applicant said he
heard the Dr.’s note and said he appreciated him speaking up. He said that the average time that
somebody was inside a smoke shop is thirty (30) seconds to a (1) minute. He said that seven (7) spots
was way too much and said that in every store he has opened, he has only asked for one (1) spot. He
said that literally customers are in and out. He remarked on how small a store is, twenty-four hundred
(2400) and maybe fifteen hundred (1500) square feet is a showroom. He said that customers come in
and already know what they need and that it is an in and out transaction. He said that he would address
any issues that may arise in the future as the business owner to abide and ensure everyone’s safety. He
remarked that the store was open as a pharmacy before and that it was pretty busy. He mentioned CVS
across the street and that it was retail based now so that it would just be another retail location that
opens. He asked for an opportunity to work around any issues and find solutions. He said he was
willing to pitch in to find solutions and contribute as well.
Cmr. Cantu asked, as a business owner and having multiple locations throughout Texas and in this
particular business, what he looked for in a location. She said he had mentioned research and asked,
when looking for a place, why this one. The applicant said vehicles per day. He said it was the
busiest street and that it's the main hub. He said that there were literally smoke shops within a 5-
minute radius of them. He said that all the stores that they have opened, mentioning Sanders (in
Laredo) or 10th Street in McAllen, are on main streets in that city and that this is what they look for.
He said they don't look to attract young adults or young kids or any of that. He said they stay away
from schools. He encouraged the Board to visit their locations and talk to their employees. He added
that they also don't bring their own employees from Houston or San Antonio. He said they hire locally
so it will open up a lot of opportunities for people that want to work with them and start a career and
grow with the business. Cmr. Cantu thanked the applicant.
Vice Chairman Sanchez asked if there were any other questions or comments for the applicant. Upon
hearing none, the Vice Chairman thanked Mr. Al-Hatabeh. The applicant thanked the Board for their
time and expressed appreciation.
Vice Chairman Sanchez asked if there was anybody else that would like to speak in favor or against
this item. He asked them to step forward.
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Luis Sanchez, realtor
Mr. Sanchez presented himself before the Board and identified himself as the realtor helping out with
this project. He said that directly in front of the building, there were about eight (8) or nine (9) parking
spaces directly in front of the building. He said that he thought they had said six (6) spots were needed
and stated that this would cover their parking. He also said that like the Dr. was saying, most of the
people for the other buildings park on their side of that row. He repeated that this one has eight (8) or
nine (9) spaces directly in front of the business and that most people would park there because they are
going to that business and not to walk around to other ones. Mr. Sanchez added that although not seen
in the image shown, there were two (2) smoke shops within point three (0.3) miles of this one. He said
they were in very close proximity to this location and said he just wanted to bring it up so that the
Board would have the visual. The Vice Chairman thanked Mr. Sanchez.
Cmr. Cruz-Velázquez indicated she had one more question for the owner and asked him to please come
forward. Cmr. Cruz-Velázquez told the applicant she was familiar with the location because she works
in the area. She said that the specific area doesn’t look so pretty right now. She asked if he had any
plans for maybe improving the aesthetics of the building. The applicant addressed not having found
out that the Police Department had denied the request until this morning. He said that he always loves
to reach out to the Police Department and local enforcement to make sure that they are aligned with
them. He said that one (1) of the concerns was the lighting in that business, that it was too dim. He
said he was willing to improve the outside, paint it and make sure that it's more presentable because it
is an old building. Mr. Al-Hatabeh said he was willing to fix it and make it look prettier and, on top of
that, make sure that the lighting is fixed so that way it's safer for the customers at night and the drivers,
to make sure that there's enough lights. He said that would be out of his cost. He said he hadn’t even
talked to the landlord and that it would be from him. He said he would be willing to add that.
Cmr. Cantu asked the applicant if he had a particular exterior design for all his businesses that are
uniform or whether all the exteriors of each business were different. She asked if he had something.
Mr. Al-Hatabeh said that they were all different, explaining that some stores are withing a plaza and
others are in a stand-alone building. He said that when it is stand-alone, there is more freedom to do
stuff on the outside to make it nicer. He said that usually they will put murals of the City they are
opening in, so what does Harlingen stand for. He said they will bring local artists and have them do
that with the approval of the City and make sure it is regulated and they are good to go. He said that
this is what they usually go for – something that speaks on behalf of the City and not the business. The
Board thanked the applicant.
Vice Chairman Sanchez asked again if there was anybody else that would like to speak and indicated
that if not, he would close the Public Hearing. The Public Hearing was closed.
Vice Chairman Sanchez addressed the Staff regarding the recommendation from the Police
Department, and he thought also the Health Department who recommended denial. He asked if
anyone from those departments was present to address this. Ms. Núñez said that they were
unfortunately not. The Vice Chairman continued and asked if it was worth considering tabling the item
so that the Police Department can come and address. Cmr. Cruz-Velázquez said she would move to
table so that she could find out a little bit more. Ana Hernandez, Director for Planning and
Development, addressed the questions and told the Board that it was their option to table the item. She
mentioned that sometimes the applicant has a timeline that they need to follow. She said she also
wanted to let the Board know that about two (2) or three (3) City Commission Meetings ago, Staff had
received direction from City Commission to work on an ordinance to ban additional smoke shops or at
least restrict the opening of additional smoke shops in a certain area to avoid the clustering of these
types of businesses. She said that this was something they were working on. She said she was
working with Attorney Sossi to create an ordinance amendment to do that. She said that they had on
the agenda for the next upcoming City Commission an ordinance for consideration for the City
Commission to do a moratorium for at least six (6) months on smoke shops. Director Hernandez said
she wanted to let them know that based on City Commission, this was the new policy direction that we
are taking on smoke shops. Cmr. Cruz-Velázquez asked the Vice Chairman whether if they approved
this today, this would still have to go to City Commission. The Vice Chairman said that was correct.
Director Hernandez addressed the Board and told them that if it is tabled, it will not go to City
Commission. The Vice Chairman told her the question had been that if they approved it, the next step
would be to go to City Commission. Cmr. Cruz-Velázquez asked Director Hernandez if she was
implying that they will likely deny it. Director Hernandez said that was correct.
Cmr. Flores indicated he wanted to add something. He said that when they go in to widen Ed Carey,
they will affect a lot of businesses in that area. He asked why they were spending their time on this
little building where he won’t have parking. Cmr. Thomas added that it was her understanding that it
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could be ten (10) years away. Vice Chairman Sanchez indicated the City Engineer was coming
forward.
Roberto Hernandez, City Engineer
Mr. Hernadez introduced himself before the Board. He stated that at the moment, they [TxDOT] had
reached out to the City and to the people that are right next to the area. He said that right now they are
doing open comments [and] getting feedback. Mr. Hernandez said it was not guaranteed that they are
going to do the improvement. He added that most of the improvement was going to be adding a
median and not necessarily widening the road, especially in this area. He said it’s already three (3)
lanes each way with the center lane. He said they would be adding a median to prevent accidents in
the area. He also said that the area that was going to be expanded was going more on the east side of
Sunshine 77, closer to the Arroyo Colorado. He said that going over the bridge there was only two (2)
lanes in each direction and they were proposing to widen it to three (3) lanes in each direction not
necessarily [in the area of the subject property]. Mr. Hernandez said that the moment they start going
into private property, TxDOT or even Harlingen as a municipality, they would have to acquire the right
of way and get easements. He said these concerns would be addressed by the municipality or the
agency during improvements. Cmr. Flores said he agreed with that and said he was familiar. Vice
Chairman Sanchez thanked Mr. Hernandez.
Vice Chairman regrouped and stated there was a motion to table and asked if we would want to
continue with that. Cmr. Cruz-Velázquez said she wanted to take that back and actually wanted to
move to approve it based on the fact that there is no otherness at the present moment that exists. Cmr.
Thomas seconded the motion. The motion to approve the SUP passed by a margin of three (3) to two
(2), with the Vice Chairman and Cmr. Flores voting against it.
Vice Chairman confirmed that there was no report from Mr. Olivo today. Upon confirmation, the
meeting was adjourned at 6:10 p.m.
Nicholas P. Consiglio, Chairman
Carlos A. Sanchez, P.E., Vice Chairman
Planning and Zoning Commission
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AGENDA ITEM
EXECUTIVE SUMMARY
Meeting Date: February 10, 2026
Agenda Item:
Consideration and possible action to approve the preliminary construction plans and final plat
with conditions of the proposed Lot 5, Block 1, Harlingen Heights II Replat, bearing a legal
description of a resubdivision of a 3.08 acre tract of land, also being all of Lot 5, Block 1,
Harlingen Heights II Subdivision, located north of TX Spur 54, approximately 935.25 feet
northwest of I-69 East. Applicant: Supreme Engineering, LLC c/o Ezequiel Reyna Jr.
Prepared By: Soledad A. Núñez, CNU-A
Title: City Planner
Signature: Soledad A. Núñez
Brief Summary:
Project Timeline
• December 23, 2025 – Original Preliminary Construction Plans and Final Plat application
submitted to the City. (ATTACHMENT I)
• January 13, 2026 – Comments outlining deficiencies sent to Engineer.
• January 16, 2026 – Original Preliminary Construction Plans and Final Plat application
submitted to the City.
• January 26, 2026 – Preliminary construction plans and final plat deemed complete.
• February 10, 2026 – Consideration of the preliminary construction plans and final plat
with conditions by the Planning and Zoning Commission.
Summary:
• The proposed Lot 5, Block 1, Harlingen Heights II Replat Subdivision consists of two (2)
commercial lots. It is located on the north side of Spur 54, west of I-69 East. The applicant
is proposing to replat an existing commercial lot into two commercial lots.
• The proposed commercial development is consistent with the existing General Retail
zoning.
• Drainage improvements will be designed to meet the 50-year storm event standard.
• Water and wastewater services will be provided by Harlingen Water Works System
(HWWS).
• All items listed on the preliminary and final plat checklists will be addressed prior to the
recording of the final plat.
Staff Recommendation:
Staff recommends approval of the preliminary construction plans and final plat with the
following conditions:
1. Requirements from the Engineering, HWWS, Fire Department, and Planning
Department please see attached comments (ATTACHMENT V – IX).
Funding (if applicable):
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Are funds specifically designated in the current budget for the full Yes No*
amount for this purpose?
*If no, specify source of funding and amount requested:
Finance Director’s approval: Yes No N/A
City Manager’s approval: Yes No N/A
Comments:
City Attorney’s approval: Yes No N/A
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Attachment I—Subdivision Application
1313

[PAGE 14]
Attachment I—Letter of Authorization
1414

[PAGE 15]
Attachment II —Final Plat
1515

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Attachment III — Aerial View
1616

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Attachment IV — Street Views
Street View from Texas Spur 54
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Attachment V – Planning
1818

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Attachment VI - Engineering
1919

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Attachment VII – Fire
2020

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Attachment VIII– Harlingen Water Works System
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Attachment VIII– Harlingen Water Works System
2222

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Attachment VIII– Harlingen Water Works System
2323

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Attachment IX– Public Works (Traffic)
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AGENDA ITEM
EXECUTIVE SUMMARY
Meeting Date: February 10, 2026
Agenda Item:
Public hearing and take action to consider a request for a Special Use Permit (SUP) to
allow an adult business (hemp retail holistic wellness center) in a General Retail ("GR")
District located at 2710 S. Expressway 83, bearing a legal description .3398 acres out of
2.4900 acres of Block 1, San – Har Acres Subdivision. Applicant: Rudy Martinez
Prepared By: Soledad A. Núñez, CNU-A
Title: City Planner
Signature: Soledad A. Núñez
Brief Summary:
Project Timeline
• January 14, 2026 – Application for Special Use Permit (“SUP”) submitted to the
City. (ATTACHMENT I)
• January 21, 2026 – In accordance with State and local law, notice of required
public hearings mailed to all property owners within 200 feet of subject tract.
• January 24, 2026 – In accordance with State and local law, notice of required
public hearings published in the Valley Morning Star.
• February 10, 2026 - Public hearing and consideration of requested Special Use
Permit (SUP) by the Planning and Zoning Commission (P&Z).
• February 18, 2026 – Public hearing and consideration of requested Special Use
Permit (SUP) via 1st ordinance reading scheduled before the City Commission.
• March 4, 2026 – Pending approval of 1st ordinance reading, consideration of
approval of 2nd ordinance reading scheduled before the City Commission.
Summary
• Per the City Code of Ordinances, an “adult business” (hemp retail) located in a
“GR” (General Retail) District requires approval of a Special Use Permit (SUP) by
the City Commission.
• Rudy Martinez, the applicant, is requesting a Special Use Permit (SUP) to operate
a holistic hemp retail business under the name “VA Hemp Health” within an
existing building located at 2710 S. Expressway 83. The building is approximately
2,100 square feet. (ATTACHMENT II AND III).
• Based on the site plan and information submitted, the applicant proposes to
operate Sunday through Saturday from 8:00 a.m. to 8:00 p.m. The proposed use
will include the sale of hemp products and the provision of integrative wellness
services and educational programming focused on supporting physical recovery
for veterans. A total of six (6) parking spaces are required. The property currently
has four on-site parking spaces, with flexibility to accommodate additional parking
as needed. (ATTACHMENT II – IV).
• The surrounding properties are zoned General Retail (“GR”) District to the north,
east, and west, and Residential Single-Family (“R-1”) District to the south.
Surrounding land uses include vacant homes to the east and west, single-family
residences to the south, and vacant land designated for commercial use to the
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north, across the expressway. (ATTACHMENTS V-VII).
• The City of Harlingen Building Inspections Division, Fire Prevention Bureau,
Health Department, and Police Department reviewed the Special Use Permit
(SUP) application. If the SUP request is approved, the Building Inspections
Division will require submission of plans for the proposed business. The Fire
Marshal’s Office recommended approval of the SUP request, subject to the
applicant complying with all applicable State and City requirements. The Harlingen
Police Department recommended denial of the SUP due to the current moratorium
in effect for smoke shops and similar businesses. (ATTACHMENTS VI-IX).
• The applicant must obtain and maintain the proper State permits.
• Presently, the Planning and Zoning Department has not received any objections
to the request from surrounding property owners.
• In accordance with the zoning ordinance, the P&Z and City Commission may
impose requirements and conditions of approval as are needed to ensure that a
use requested by a SUP is compatible and complementary to adjacent properties.
Funding (if applicable):
Are funds specifically designated in the current budget for the full Yes No*
amount for this purpose?
*If no, specify source of funding and amount requested:
Finance Director’s approval: Yes No N/A
Staff Recommendation:
Staff recommends denial of the Special Use Permit (SUP) request due to the current
moratorium on smoke shops and similar businesses, which took effect on February 4,
2026.
City Manager’s approval: Yes No N/A
Comments:
City Attorney’s approval: Yes No N/A
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Attachment I
2727

[PAGE 28]
Attachment I
2828

[PAGE 29]
Attachment II
2929

[PAGE 30]
Attachment III
3030

[PAGE 31]
Attachment IV
3131

[PAGE 32]
Attachment V
Hacienda
Collision
Center
Express Glass Subject
Shop Property
Residential, Single- Single-Family
Family Subdivision Homes
Sunbelt Rentals
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Attachment VI
3333

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Attachment VII
3434

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Attachment VIII
3535

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Attachment IX
3636

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Attachment X Applicant Statement
3737

[PAGE 38]
Attachment X Applicant Statement
3838

[PAGE 39]
Attachment X Applicant Statement
3939

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Attachment XI Compliance Summary
4040

[PAGE 41]
Attachment XI Compliance Summary
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[PAGE 42]
DATE: February 10, 2026
PLANNING AND ZONING COMMISSION
EXECUTIVE SUMMARY
I. AGENDA ITEM:
Staff Report B: Future projects scheduled before the P&Z and City Commission.
II. BRIEF OVERVIEW:
ITEM P&Z DATE STATUS
Request for a special use permit (“SUP”) 1/13/2026 • 1/21/2026 – City Commission
to allow a bar/lounge in a Light Industry approved the special use
(“LI”) District located at 2669 N.
permit on First Ordinance
Expressway 77, Building “D,” bearing a
Reading.
legal description of 0.32 acres out of 5.79
• 2/4/2026 – City Commission
acres out of Lot 2, Block 1, West
approved the special use
Harlingen Industry Park. Applicant:
permit on Second and Final
Partick B. McDermott
Ordinance Reading..
Request for a special use permit 1/13/2025 • 1/21/2026 - City Commission
(“SUP”) to allow an adult business took no action on the item
(smoke shop) in a General Retail since a moratorium was
(“GR”) District located at 1616 N. Ed approved to not accept,
Carey Drive, bearing a legal process, or approve any
description of Lot 9, Medical applications for smoke shops
Subdivision. Applicant: Abdelhadi Al for a six month period.
Hatabeh
Request for the voluntary annexation and 12/09/2025 • 2/04/2026 – City Commission
to establish the initial zoning of Planned approved the annexation and
Development (“PD”) District to allow
initial zoning on First
internal streets to have 50 feet R-O-W,
Ordinance Reading.
with 32 foot wide paved roads, and for
• 2/18/2026 – Consideration of
135 out of 358 Residential, Single Family
the annexation and initial
lots to be less than the required 6,000
zoning on Second and Final
square feet, for a property bearing a legal
description of 35.754 acres out of a Part Ordinance Reading is
or Portion of Blocks 65, 66, and 72, and scheduled before the City
out of Reserved Horseshoe Lake, Lon C. Commission.
Hill Subdivision, located south of Morris
Road, approximately 2,095.97 feet
southwest of South Ed Carey Drive.
Applicant: Melden & Hunt, Inc. c/o
Leonard P. Simmons III & Mary Beth
Simmons
TITLE: Assistant Planning and Development
DEPARTMENT: Planning & Development
4242