Title
HOLD a public hearing and consider a City-initiated ordinance (Case #Z24-18) to rezone Lots 1-16, Block 1, and Lots 1-4, Block 2, Kingsbury Park Subdivision, from “B-3” (Local Business District) and “B-5” (Business District) to “R-3F” (Multifamily Residential District). The subject properties are locally addressed as 1200, 1202, 1204-1206, 1208, 1210, and 1212 Industrial Boulevard; 1707-1710 Kylie Circle; 1706, 1708-1710 Tanner Circle; and 1706, 1708, 1710, and 1712 Old Farm to Market 440, Killeen, Texas.
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DATE: September 17, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Zoning Case # 24-18: “B-3” (Local Business District) and “B-5” (Business District) to “R-3F” (Multifamily Residential District)
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Varies
Agent: City Initiated Request
Current Zoning: “B-3” (Local Business District) and “B-5” (Business District)
Proposed Zoning: “R-3F” (Multifamily Residential District)
FLUM Designation: ‘Residential Mix’ (RM)
Growth Sector Designation: ‘Neighborhood Infill’
Summary of Request:
This is a City-initiated request to rezone twenty (20) lots, locally addressed as 1706, 1708, 1710 and 1712 Old Farm to Market 440, from “B-3” (Local Business District) and 1200, 1202, 1204-1206, 1208, 1210, and 1212 Industrial Boulevard and 1707-1710 Kylie Circle, 1706, 1708-1710 Tanner Circle from “B-5” (Business District) to “R-3F” (Multifamily Residential District). The purpose of this request is to change the current zoning of the properties to make them consistent with the existing multifamily land use. There are existing fourplexes on each of the subject parcels, which are considered legal non-conforming and are therefore subject to Killeen Code of Ordinances Sec. 31-54, which states that a nonconforming use cannot be rebuilt in case of total destruction. If approved, this City-initiated request to rezone the properties from “B-3” (Local Business District) and “B-5” (Business District) to “R-3F” (Multifamily Residential District) will bring the current use of these properties into conformance with the zoning ordinance.
The intent of this initiative is to assist property owners by rezoning legal nonconforming properties to establish the current residential use of the properties as conforming with the City of Killeen’s zoning and land use regulations. In doing so, the goal is to ensure that property owners are better positioned to sell or refinance their property in the future, should they choose to do so. This rezoning initiative will have no negative impacts on these properties, nor will it affect the property values in any way.
Zoning/Plat Case History:
On September 9, 1962, the subject properties were annexed into the City limits. On March 10, 1970, these properties were platted as Southside Industrial Park. On September 15, 1998, these properties were replatted as Kingsbury Park Subdivision, being a replat of Lots 1-5, Block 1 and all of Block 2, Kingsbury Park Commercial Subdivision.
Character of the Area:
North: Vacant and existing commercial property zoned “B-3” (Local Business District), “B-5” (Business District), with CUP (Conditional Use Permit)
South: Existing commercial property zoned “B-3” (Local Business District) and “B-5” (Business District)
East: Existing commercial zoned “B-5” (Business District) and “M-1” (Manufacturing District)
West: Vacant property zoned “R-1” (Single-Family Residential District) and existing commercial and residential properties zoned “R-3” (Multifamily Residential District) and “B-5” (Business District).
Future Land Use Map Analysis:
These properties are located within the ‘Neighborhood Infill’ area on the Growth Sector Map and designated as ‘Residential Mix’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
This ‘Residential Mix’ place type creates neighborhoods built with a traditional walkable block/street grid network that allows a flexible mix of residential building typologies. Aside from large multiplex garden apartments, most housing types should be allowed here. This place type encourages most residential uses such as single-family detached, townhouses, small-plex (2-4 units), etc. This place type encourages a twenty-five percent (25%) nonresidential and ninety-five percent (95%) residential use mix.
The request supports or furthers the following Comprehensive Plan recommendations:
§ LU3 - Encourage incremental evolution of neighborhoods.
§ NH6 - Shift the market to include existing housing.
The Comprehensive Plan promotes incremental redevelopment of properties in Killeen that can add to a widespread improvement. Additionally, staff finds the proposed rezoning is consistent with the surrounding area, which consists of a mix of commercial and residential properties.
Development Zone Analysis:
These properties are located within the City of Killeen Development Zone #4. This development zone is north of Stan Schlueter Loop and west of State Highway 195.
The current land use mix within this area comprises of the following acreages and percentages approximately:
District Acres Percentage
Special Districts 107.15 1.87%
Residential 2457.49 42.94%
Industrial 11.37 0.20%
Commercial 2937.38 51.33%
Agricultural 209.35 3.66%
Totals 5722.74 100.00%
Vacant Property 684 11.95%.
Water, Sewer and Drainage Services:
Provider: City of Killeen
Within Service Area: Yes
Feasibility Study or Service Commitment: Water, wastewater, and drainage utility services are located within the City of Killeen municipal utility service area and are currently in use by the subject tracts. No additional water, wastewater, or drainage system improvements are required as this area is fully developed.
Transportation and Thoroughfare Plan:
Ingress and egress to the properties addressed as 1200, 1202, 1204-1206, 1208, 1210, and 1212 Industrial Blvd; 1707-1710 Kylie Circle; and 1706, 1708-1710 Tanner Circle is via Industrial Blvd. to S. Fort Hood Street. The properties addressed as 1706, 1708, 1710, and 1712 Old Farm to Market 440 take access from Old Farm to Market 440. There are no additional transportation infrastructure requirements as this area is fully developed. A traffic impact analysis is not required.
Environmental Assessment:
The properties are in the South Nolan Creek Tributary 7 Watershed. The properties are not in proximity to any regulated wetlands areas as identified on the National Wetlands Inventory maps. The properties are within Zone X a FEMA-regulatory Special Flood Hazard Area (SFHA), per FEMA Flood Insurance Rate Map 48027C0260E with effective date September 26, 2008.
Public Notification:
Staff notified fifty-seven (57) surrounding property owners regarding this request. Of those property owners notified, seventeen (17) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and twenty-four (24) live outside Killeen. As of the date of this staff report, staff has received no written responses from the surrounding property owners regarding this request.
Staff Findings:
The subject properties have existing fourplexes on each lot, which are zoned “B-3” (Local Business District) and “B-5” (Business District) and are considered legal non-conforming. The surrounding area includes a mix of developed and undeveloped residential and commercial uses. Staff finds that the request is consistent with the recommendations of the Killeen 2022 Comprehensive Plan.
Staff supports the intent to rezone to “R-3F” (Multifamily Residential District). The existing structures are considered legal non-conforming, which are subject to the Killeen Code of Ordinances Sec. 31-51. This request intends to bring the existing uses into conformance with the zoning ordinance. Staff finds that the request is consistent with the Future Land Use Map (FLUM).
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
N/A
CONFORMITY TO CITY POLICY:
This zoning request conforms to the City’s policy and procedures, as detailed in Chapter 31 of the Killeen Code of Ordinances.
FINANCIAL IMPACT:
What is the amount of the expenditure in the current fiscal year? For future years?
This zoning request does not involve the expenditure of city funds. Public infrastructure is already in place for this property and maintained by the City. Maintenance cost will continue for the life of the development.
Is this a one-time or recurring expenditure?
This is not applicable.
Is this expenditure budgeted?
This is not applicable.
If not, where will the money come from?
This is not applicable.
Is there a sufficient amount in the budgeted line item for this expenditure?
This is not applicable.
RECOMMENDATION:
Staff recommends approval of the request to rezone the properties from “B-3” (Local Business District) and “B-5” (Business District) to “R-3F” (Multifamily Residential District) as presented.
At their regular meeting on August 16, 2024, the Planning and Zoning Commission recommended approval of the applicant’s request by a vote of 6 to 0.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Site Photos
Minutes
Ordinances
Consent Form Responses
Considerations
Presentation