Earlier this month, the few hundred residents who live around SpaceX outside Brownsville voted to create the new City of Starbase. Now, the new city’s leaders have told landowners they plan to introduce land use rules that could result in changes for some residents.
In a letter obtained by The Texas Newsroom, Starbase City Administrator Kent Myers told local landowners they may lose the right to continue using their property for its current use under the city’s new zoning plan.
“Our goal is to ensure that the zoning plan reflects the City’s vision for balanced growth, protecting critical economic drivers, ensuring public safety, and preserving green spaces,” the letter, dated May 21, reads.
The new city, dominated by Elon Musk’s rocket facility, is in an otherwise rural area of Cameron County that ends at the beach. Nearly all the land is already owned by SpaceX.
Jake Wegmann, an associate professor at the University of Texas at Austin’s School of Architecture, said these letters are the first step in a routine process to create new zoning rules for the city.
When a new city is incorporated, its leaders gain the power to write rules about how land can be used. For example, some areas may be set aside for parks and other green spaces, while others may be zoned only for homes or offices and retail space.
Since this is the first time there will be zoning rules for this area, the new city is required by state law to notify landowners of these changes so they can ask questions in a public setting. The language in the letters, warning about potential loss of rights, is required under state law and does not mean landowners will see the rules for their properties change.
Eminent domain, where the government seizes private land for public use, is a different legal process from routine city zoning.
"This is not eminent domain," said Matthew J. Festa, a professor of law at the South Texas College of Law Houston. "That said, I do have some questions about the process."
Festa said state law requires municipal governments to first pass a comprehensive plan before proposing a zoning ordinance. He said, "I don't see any evidence that there is one" for Starbase.
In a call with The Texas Newsroom, Myers confirmed the new zoning plans and said the public meeting will be held on June 23 to discuss them.
“With the establishment of the city, we are creating a new zoning ordinance and in order to create a new zoning ordinance, it requires a public hearing,” he said.
When asked how the ordinance would affect landowners, however, Myers said he did not have it in front of him and would not be able to answer questions about it until next week. He did not respond to a follow-up call on Friday.
Myers’ letter to property owners included a map that showed there will be three zoning types: heavy industrial, open space and mixed use. “Heavy industrial” can include factories and likely, in this case, aerospace centers. “Mixed use,” according to Myers’ letter, would include a blend of homes, offices and retail stores.
Many of the current homes, according to the preliminary map, appear to be within the “mixed use” area.
However, a full copy of the new zoning plan won’t be available until 72 hours before the June meeting. Wegmann said he is concerned that the rules aren’t ready for residents to look at now.
“It sounds like maybe the city is meeting the absolute letter of the law,” Wegmann said. But giving residents little time to review the ordinance before the meeting “is not something you would do if you’re trying to have a good faith, participatory democratic process.”
Wegmann added that Starbase is unlike other cities. All three of its elected leaders are linked to SpaceX, and all but a small number of its residents work for the company. This could leave those who are not affiliated with the company on the outs.
“My alarm bells go off for abusive treatment of property owners within the city who maybe don’t buy into the vision of what the city’s trying to do,” he said.
