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HOLD a public hearing and consider a City-initiated request (Case #Z24-26) to rezone thirty-five (35) properties from “B-5” (Business District) to “R-1” (Single-Family Residential District), “R-2” (Two-Family Residential District), and “R-3F” (Multifamily Residential District). The subject properties are generally located near the intersection of Shawn Drive and Courtney Lane, and are locally addressed as 4103-4107, 4201, 4202, 4204, 4206, 4302, 4304-4308, and 4310-4312 Shawn Drive; 3006, 3105-3106, and 3108 Courtney Lane; and 3001-3006, 3008-3010, 3012, 3101, 3103, and 3105 Honeysuckle Circle, Killeen, Texas.
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DATE: December 10, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Zoning Case # 24-26: “B-5” to “R-1”, “R-2”, and “R-3F”
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: The thirty-five (35) property owners
Agent: City-Initiated Request
Current Zoning: “B-5” (Business District)
Proposed Zoning: “R-1” (Single-Family Residential District), “R-2” (Two-Family Residential District), and “R-3F” (Multifamily Residential District)
FLUM Designation: ‘Residential Mix’ (RM) & ‘Regional Commercial’ (RC)
Growth Sector Designation: ‘Neighborhood Infill’ (NI)
Summary of Request:
This is a City-initiated request to rezone the below properties from “B-5” (Business District) to “R-1” (Single-Family Residential District), “R-2” (Two-Family Residential District), and “R-3F” (Multifamily Residential District).
The intent of this initiative is to assist the current property owners by rezoning this legal nonconforming property, and to establish the current residential use of the property as conforming with the City of Killeen’s zoning and land use regulations. In doing so, the goal is to ensure that the property owner is 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 this property, nor will it affect the property values in any way.
City staff have identified eighteen (18) properties on Shawn Drive, four (4) properties on Courtney Lane, and thirteen (13) properties on Honeysuckle Circle as needing to be rezoned for single-family, two-family, or multifamily residential uses. The City’s intent is to rezone these thirty-five (35) properties as follows:
• 3006 Courtney Lane will be rezoned from “B-5” (Business District) to “R-1” (Single-Family Residential District) to allow single-family residential use by-right.
• 3106 and 3108 Courtney Lane will be rezoned from “B-5” (Business District) to “R-2” (Two-Family Residential District) to allow two-family residential use by-right.
• 3105 Courtney Lane will be rezoned from “B-5” (Business District) to “R-3F” (Multifamily Residential District) to allow multifamily residential use by-right.
• 4104, 4106, 4202, 4204, 4206, 4302, 4304, 4306, 4307, 4308, 4310, 4311, and 4312 Shawn Drive will be rezoned from “B-5” (Business District) to “R-2” (Two-Family Residential District) to allow two-family residential use by-right.
• 4103, 4105, 4107, 4201, and 4305 Shawn Drive will be rezoned from “B-5” (Business District) to “R-3F” (Multifamily Residential District) to allow multifamily residential use by-right.
• 3001-3006, 3008-3010, 3012, 3101, 3103, and 3105 Honeysuckle Circle will be rezoned from “B-5” (Business District) to “R-2” (Two-Family Residential District) to allow two-family residential use by-right.
The purpose of this request is to change the current zoning of the properties to make them consistent with the existing land uses. There are existing single-family, two-family, and multifamily homes on the properties, 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 property from “B-5” (Business District) to “R-1” (Single-Family Residential District), “R-2” (Two-Family Residential District), and “R-3F” (Multifamily Residential District) will bring the current use of this property into conformance with the zoning ordinance.
Zoning/Plat Case History:
The subject property was annexed into the City limits on October 8, 1972. This property was platted into its current configuration, De Ann Subdivision, on April 10, 1985. Staff is unable to determine the date of the current zoning of the property.
Character of the Area:
North: Developed commercial property zoned “B-5” (Business District)
South: Developed residential property zoned “R-1” (Single-Family Residential District) and “R-2” (Two-Family Residential District)
East: Developed residential property zoned “R-2” (Two-Family Residential District)
West: Developed commercial property zoned “B-5” (Business District)
Future Land Use Map Analysis:
This property is located within the ‘Neighborhood Infill’ (NI) area on the Growth Sector Map and designated as ‘Residential Mix’ (RM) and ‘Regional Commercial’ (RC) on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
The ‘Neighborhood Infill’ area on the Growth Sector Map includes areas of the city that are already developed and have access to city services and infrastructure, but have vacant, underutilized, or poorly developed properties. Growth policies for this sector should encourage development or redevelopment of these properties with accessory dwelling units, smallplexes, and micro commercial that provides incremental increases in density. Development should match the existing character and improve walkable access to businesses and amenities for people living and working in the vicinity.
The ‘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 (25%) percent nonresidential and ninety-five (95%) percent residential use mix.
These ‘Regional Commercial’ places are first identified by their principal focus on auto-oriented traffic. Logically placed near high-traffic intersections, these spaces bring people from many surrounding neighborhoods. Typical uses will include regional businesses including but not limited to restaurants, grocery stores, banks, retail, gas stations, and offices. This place type encourages small-scale, neighborhood-scale, regional, and industrial. This place type encourages one hundred percent (100%) nonresidential and fifty percent (50%) residential use mix.
The request supports or furthers the following Comprehensive Plan recommendations:
§ LU3 - Encourage incremental evolution of neighborhoods.
§ LU4 - Prioritize infill and revitalization in north Killeen.
§ 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 #7. This development zone is east of Cunningham and East Trimmier Roads and south of Interstate Highway 14. This development zone consists of 83.99% residential uses and 16.01% commercial uses.
The current land use mix within this area comprises of the following acreages and percentages approximately:
District Acres Percentage
Special Districts 9.57 0.37%
Residential 2164.53 83.62%
Industrial 1.71 0.07%
Commercial 131.39 5.08%
Agricultural 281.44 10.87%
Totals 2588.65 100.00%
Vacant Land 727.63 28.11%
Water, Sewer and Drainage Services:
Provider: City of Killeen
Within Service Area: Yes
Feasibility Study or Service Commitment: Water, sanitary sewer, and drainage services are located within the City of Killeen municipal utility service area and are available to the subject tracts. Water services are available via an existing 8” water line located in Shawn Drive. Wastewater services are available via an existing 6” wastewater line located in Shawn Drive. No existing storm sewer inlets or piping is adjacent to the properties. No water, wastewater, or drainage improvements are anticipated.
Transportation and Thoroughfare Plan:
Ingress and egress to the properties is via Shawn Drive, which is classified as a 65’ wide collector and Honeysuckle Circle and Courtney Lane, which are classified as a 60’ wide local streets per the City of Killeen adopted Transportation Plan. Local traffic due to the proposed zoning change is not expected to change. Therefore, a Traffic Impact Analysis is not required.
PARKS AND PROPOSED TRAIL PLAN:
There are no proposed trails or proposed parks on or near this site. Parkland dedication, fees in lieu of, and parkland development fees will not be required, as the property is already developed.
Environmental Assessment:
The properties are in the Trimmier Creek 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 of a FEMA regulated Special Flood Hazard Area (SFHA), per FEMA Flood Insurance Rate Map 48027C0280E with effective date September 26, 2008.
Public Notification:
Staff notified one hundred four (104) surrounding property owners regarding this request. Of those property owners notified, forty-two (42) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and twenty-five (25) live outside Killeen. As of the date of this staff report, staff has received one (1) written response in favor of this request and no responses in opposition to this request.
Staff Findings:
The subject property has existing single-family, two-family, and multifamily residences on the lot, which are zoned “B-5” (Business District) and are considered legal non-conforming. The surrounding area includes a mix of developed and undeveloped residential and commercial uses as well as other legal nonconforming properties. Staff finds that the request is consistent with the recommendations of the Killeen 2022 Comprehensive Plan.
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:
At their regular meeting on October 28, 2024, the Planning and Zoning Commission recommended approval of the request by a vote of 7 to 0.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Site Photos
Minutes
Ordinance
Response
Presentation