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File #: PH-24-044    Version: 1 Name: Z24-21
Type: Ordinance/Public Hearing Status: Passed
File created: 9/23/2024 In control: City Council
On agenda: 10/22/2024 Final action: 10/22/2024
Title: HOLD a public hearing and consider an ordinance submitted by John Hart Bandas, P.E. on behalf of Laura MacManus and Greg A. MacDonald (Case #Z24-21) to rezone approximately 0.22 acres out of Lot 11, Block 1 of the Fisher Commercial Subdivision, Phase Three, from "B-5" (Business District) to "R-2" (Two-Family Residential District). The subject property is locally addressed as 2303 Federal Street, Killeen, Texas.
Sponsors: Development Services
Attachments: 1. Maps, 2. Site Photos, 3. Minutes, 4. Ordinance, 5. Letter of Request, 6. Considerations, 7. Presentation

Title                     

 

HOLD a public hearing and consider an ordinance submitted by John Hart Bandas, P.E. on behalf of Laura MacManus and Greg A. MacDonald (Case #Z24-21) to rezone approximately 0.22 acres out of Lot 11, Block 1 of the Fisher Commercial Subdivision, Phase Three, from “B-5” (Business District) to “R-2” (Two-Family Residential District). The subject property is locally addressed as 2303 Federal Street, Killeen, Texas.

Body

 

DATE:                     October 22, 2024

 

TO:                     Kent Cagle, City Manager

 

FROM:                     Edwin Revell, Executive Director of Development Services

 

SUBJECT:                     Zoning Case # 24-21: “B-5” (Business District) to “R-2” (Two-Family Residential District)

 

BACKGROUND AND FINDINGS:

 

Property Information:

 

Property Owner:  Laura MacManus and Greg A. MacDonald

Agent: John Hart Bandas, P.E.

Current Zoning: “B-5” (Business District)

Proposed Zoning: “R-2” (Two-Family Residential District)

FLUM Designation: ‘Residential Mix (RM)

Growth Sector Designation: ‘Intended Growth’

 

 

Summary of Request:

 

John Hart Bandas, P.E. has submitted a request on behalf of Laura MacManus and Greg A. MacDonald, to rezone approximately 0.22 acres, out of Lot 11, Block 1 of the Fisher Commercial Subdivision, Phase Three from “B-5” (Business District) to “R-2” (Two-Family Residential District). The subject property is locally addressed as 2303 Federal St., Killeen, Texas. If approved, the applicant intends to develop a two-family residential structure on the property.

 

 

Zoning/Plat Case History:

 

The property was annexed into the City of Killeen corporate limits on September 13, 1954. The property was rezoned from “R-1” (Single-Family Residential District), “R-3” (Multifamily Residential District) and “B-3” (Local Business District) to “B-5” (Business District) on October 10, 1995, via Ordinance No.95-76.

 

This property came before the Planning and Zoning Commission for a Future Land Use Amendment on June 17, 2024. The Planning and Zoning Commission recommended approval of the request to change the designation from ‘Regional Commercial’ to ‘Residential Mix’. The City Council approved the request on July 16, 2024. The property is currently platted as Fisher Commercial Subdivision Phase Three.

 

 

Character of the Area:

 

North:                      Undeveloped commercial and residential property zoned “B-3” (Local Business District) and “R-2” (Two-Family Residential District)

South:                      Undeveloped residential property zoned “R-1” (Single-Family Residential District) 

East:                      Single-family residential development zoned “R-2” (Two-Family Residential District)

West:                      Multifamily residential development zoned “R-3” (Multifamily Residential District)

 

 

Future Land Use Map Analysis:

 

These properties are located within the ‘Intended Growth’ area on the Growth Sector Map and designated as ‘Residential Mix’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan. 

 

The ‘Intended Growth’ sector includes property that are in close proximity to existing development and has access to existing or planned infrastructure. Development in this sector should align with the Big Ideas of this plan, particularly those related to diversifying the housing and neighborhood options in the city.

 

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.

§                     NH3 - Diversify housing mix (types and price points).

§                     NH4 - Build complete neighborhoods.

 

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 housing types.

 

Development Zone Analysis:

 

This property is located within the City of Killeen Development Zone #3.  This development zone is bounded by N. Fort Hood Street to the west, S. Roy Reynolds Drive to the east, Veterans Memorial Boulevard to the north, and Interstate Highway 14 to the south. This development zone consists of 62.4% residential uses and 37.6% commercial uses.

 

The current land use mix within this area comprises of the following acreages and percentages approximately:

 

District                                          Acres                                          Percentage

Special Districts                     81.61                                          2.74%

Residential                                          1779.03                     59.66%

Industrial                                          273.37                                          9.17%

Commercial                                          847.76                                          28.43%

Agricultural                                          0.00                                          0.00%

Totals                                                               2981.78                     100.00%

 

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 tract (9,669 SF portion of the parent tract). Water services are available on the southern boundary of the tract via an existing 8” water line located in Terrance Drive. Wastewater services are available via an existing 6” wastewater line in Terrace Drive.

 

 

Transportation and Thoroughfare Plan:

 

Ingress and egress to the property will be via Terrace Drive and is estimated to generate 29 daily trips.  A Traffic Impact Analysis will not be required.

 

PARKS AND PROPOSED TRAIL PLAN:

 

There are no proposed parks or trails located adjacent to or on this site.  Parkland dedication or fees in-lieu-of parkland dedication and parkland development fees shall be required for future development.  It is understood that the developer intends to place one duplex on this site.  Based on this, the parkland dedication requirements would be as follows:

 

§                     Parkland Dedication:  0.015 acres

§                     Fees-In-Lieu of Parkland Dedication:  $ 750.00

§                     Park Development Fees:  $ 450.00

 

 

Environmental Assessment:

 

The property is in the South Nolan Creek Tributary #7 drainage area and abuts an unnamed tributary of South Nolan Creek along the eastern property line. An existing 20’ curb inlet conveys stormwater runoff to the creek via a 30” reinforced concrete pipe. A small portion of the tract is located with the 25’ stream buffer zone. No portion of the property borders current City of Killeen Drainage Maintenance Areas. A City of Killeen Right-of-Way Maintenance Area is located along the southern property line (Terrace Drive).

 

 

Public Notification:

 

Staff notified thirty-three (33) surrounding property owners regarding this request.  Of those property owners notified, twenty-two (22) are outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and eleven (11) live outside Killeen.  As of the date of this staff report, staff has received no written responses regarding this request.

 

 

Staff Findings:

 

The subject property is currently undeveloped. The surrounding area includes a mix of vacant land, single-family, and multifamily uses. Staff finds that the request is consistent with the recommendations of the Killeen 2040 Comprehensive Plan.

 

 

THE ALTERNATIVES CONSIDERED:

 

N/A

 

Which alternative is recommended? Why?

 

Staff recommends approval of the request to rezone the properties from “B-5” (Business District) to “R-2” (Two-family Residential District).

 

Staff supports the intent to rezone to “R-2” (Two-family Residential District). If approved, this request will allow for the development of a duplex. Staff finds that the request is consistent with the Future Land Use Map (FLUM) and with the recommendations of the Killeen 2022 Comprehensive Plan.

 

 

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 applicant’s request to the subject property from “B-5” (Business District) to “R-2” (Two-family Residential District) as presented.

 

At their regular meeting on September 9, 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

Ordinance

Letter of Request

Considerations

Presentation