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HOLD a public hearing and consider an ordinance submitted by Gena Cannon on behalf of Morris Venture Partners V, LLC (Case #Z24-16) to rezone a part of Lot 1, Block 1, 190 Retail Center Third Addition from “B-5” (Business District) to “B-C-1” (General Business and Alcohol Sales District). The subject property is locally addressed as 1600 Lowes Boulevard, Suites 600 and 800, Killeen, Texas.
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DATE: August 20, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Zoning Case # 24-16: “B-5” (Business District) to “B-C-1” (General Business and Alcohol Sales)
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Morris Venture Partners V LLC
Agent: Gena Cannon
Current Zoning: “B-5” (Business District)
Proposed Zoning: “B-C-1” (General Business and Alcohol Sales District)
FLUM Designation: ‘Regional Commercial’ (RC)
Growth Sector Designation: ‘Neighborhood Infill’
Summary of Request:
Gena Cannon, on behalf of Morris Venture Partner V, LLC, has submitted a request to rezone a part of the shopping center located at 1600 Lowes Boulevard from “B-5” (Business District) to “B-C-1” (General Business and Alcohol Sales District). The extent of the rezoning request includes suites 600 and 800 of the existing shopping center. If approved, the applicant intends to use the property as a nail salon that serves alcoholic beverages. In accordance with the Killeen Code of Ordinances Sec. 31-351(1), “business establishments dispensing alcoholic beverages under the Texas Alcoholic Beverage Code” require “B-C-1” (General Business and Alcohol Sales District) zoning.
The applicant previously submitted a request to rezone this property to “B-C-1” on May 6, 2024. This request was reviewed by the Planning and Zoning Commission on June 3, 2024, and the Commission recommended disapproval of the request, which would have required the favorable vote of three-fourths (¾) of the City Council in order to be approved. Following the Commission’s recommendation for disapproval, the applicant withdrew his initial request and has resubmitted a new request in hopes of receiving a favorable vote from the Commission.
Zoning/Plat Case History:
The subject property was annexed into the City limits on September 9, 1962. The property was rezoned from “B-5” (Business District) and “R-3” (Multi-family Residential District) to “B-5” (Business District) on April 23, 1996, via Ordinance No. 96-29. The property was platted as 190 Retail Center Third Addition, Block 1, Lot 1 on January 11, 2006.
Character of the Area:
North: Existing commercial businesses zoned “B-5” (Business District)
South: Existing commercial businesses zoned “B-5” (Business District)
East: Existing commercial businesses zoned “B-5” (Business District)
West: Existing commercial businesses zoned “B-5” (Business District)
Future Land Use Map Analysis:
This property is located within the ‘Neighborhood Infill’ area on the Growth Sector Map and is designated as ‘Regional Commercial’ (RC) on the Future Land Use Map (FLUM) of the City of Killeen Comprehensive Plan.
This ‘Neighborhood Infill’ growth sector includes already developed areas with access to city services and infrastructure but have vacant, underutilized, or poorly developed properties.
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.
The request supports or furthers the following Comprehensive Plan recommendations:
§ LU3 - Encourage incremental evolution of neighborhoods.
§ NH4 - Build complete neighborhoods.
§ MC2 - Coordinate land use and mobility strategies to create commercial nodes in each development zone of the city and within neighborhoods.
Staff finds that the applicant’s request is consistent with the City of Killeen Comprehensive Plan.
Development Zone Analysis:
This property is located within the City of Killeen Development Zone #6. This development zone is bounded by S. Fort Hood Street to the west, Cunningham Road and E. Stan Schlueter Loop to the east, Interstate Highway 14 to the north, and Stagecoach Road to the south.
The current land use mix within this area comprises of the following acreages and percentages approximately:
District Acres Percentage
Special Districts 150.77 3.52%
Residential 2,666.93 62.25%
Industrial 102.99 2.40%
Commercial 1,312.54 30.63%
Agricultural 51.34 1.20%
Totals 4,284.56 100.00%
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 tract. No additional water or wastewater services are anticipated. No drainage system improvements are required as this is an existing structure.
Transportation and Thoroughfare Plan:
Ingress and Egress to the property is via existing commercial driveways (4) facing Lowes Blvd and through commercial connections to Walmart Supercenter to the west and OfficeMax to the east. A supplemental paved entrance to the rear of the establishment is via Bacon Ranch Road. The change in zoning is expected to generate an additional 154 trips per day. A traffic impact analysis will not be required.
PARKS AND PROPOSED TRAIL PLAN:
There is a proposed trail located on the north side of this site. Parkland development fees may be required for future development or redevelopment. Nonresidential development is exempt from parkland dedication requirements in accordance with Sec. 26-129(B)1. Parkland dedication or fees in-lieu of are not required.
Environmental Assessment:
The property is within Zone X a FEMA-regulatory Special Flood Hazard Area (SFHA), per FEMA Flood Insurance Rate Map 48027C0280E with effective date September 26, 2008. There are no known wetland areas on the property as identified by the National Wetlands Inventory. However, the property is located in proximity to the Trimmier Road Ditch.
Public Notification:
Staff notified twelve (12) surrounding property owners regarding this request. Of those property owners, ten (10) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and six (6) live outside of the City of Killeen corporate limits. To date, staff has received no written responses regarding this request.
Staff Findings:
The current zoning of the subject property is “B-5” (Business District). The surrounding area includes predominantly commercial uses. Staff finds that the applicant’s request is consistent with the recommendations of the City of Killeen 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?
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 applicant’s request for “B-C-1” (General Business and Alcohol Sales District) as presented.
At their regular meeting on July 15, 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
Letter of Request
Minutes
Ordinance
Considerations
Presentation