Title
HOLD a public hearing and consider an ordinance submitted by Gary Davis on behalf of Whitley Trucking, LLC (Case #Z24-20) to rezone Lots 1-3, Block 1 out of the Cox Addition from “B-3” (Local Business District) to “B-C-1” (General Business and Alcohol Sales District). The subject property is locally addressed as 1906 North 8th Street, Killeen, Texas. (Requires a ¾ majority vote).
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DATE: October 22, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Zoning Case # 24-20: “B-3” (Local Business District) to “B-C-1” (General Business and Alcohol Sales District)
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Whitley Trucking, LLC
Agent: Gary Davis
Current Zoning: “B-3” (Local Business District)
Proposed Zoning: “B-C-1” (General Business and Alcohol Sales District)
FLUM Designation: ‘Traditional Neighborhood’ (TN)
Growth Sector Designation: ‘Infill & Enhance’ (IE)
Summary of Request:
Gary Davis, on behalf of Whitley Trucking, LLC, has submitted a request to rezone Lots 1-3, Block 1 out of the Cox Addition from “B-3” (Local Business District) to “B-C-1” (General Business and Alcohol Sales District). If approved, the applicant intends to convert the existing vacant structure to a hookah bar and cigar lounge and sell alcohol for on-premise consumption. 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 subject property is locally addressed as 1906 North 8th Street, Killeen, Texas.
Zoning/Plat Case History:
These properties were platted as Lots 1-3, Block 1 out of the Cox Addition and recorded on February 7, 1942. The subject properties were annexed into the City limits on August 9, 1950 and subsequently, zoned “B-3” (Local Business District) via ordinances 70-29 and 71-1.
Character of the Area:
North: Fort Cavazos
South: Developed multifamily property zoned “R-3” (Multifamily Residential District)
East: Developed multifamily property zoned “R-3” (Multifamily Residential District)
West: Developed legal nonconforming residential property zoned “B-3” (Local Business District) and a conforming commercial property “B-3” (Local Business District)
Future Land Use Map Analysis:
These properties are located within the ‘Infill & Enhance’ area on the Growth Sector Map and designated as ‘Traditional Neighborhood’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
The Growth Sector Map indicates that these parcels are in the ‘Infill & Enhance’ sector and as such, have existing development and full service, but are located in areas where additional population, higher development intensities, and integration of uses is desired. This sector is primarily located in downtown and the neighborhoods immediately around it. Growth policies for this area should support infill, redevelopment, and infrastructure projects. These projects should accommodate more residents and small businesses while improving walkability.
This ‘Traditional Neighborhood’ place type recreates the pre-suburban development pattern with smaller lots, smaller setbacks, shorter blocks, diverse housing typologies and a mix of uses. This mixing of activities and uses allows the area to adapt and change over time to suit the needs of its inhabitants. Though it is not required for uses to always be mixed within the same building, it is important to note that large single use developments (such as large multiplex apartments or retail centers with large land area devoted to parking) do not suit traditional neighborhoods. Similar uses that are pedestrian in nature can work when parking does not replace people. Mixed-use neighborhoods are places where residents can live, shop, work, and gather and access all of these activities largely on foot. This place type encourages a fifty percent (50%) nonresidential and eighty percent (80%) 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.
The Comprehensive Plan promotes incremental redevelopment of properties in Killeen that can add to a widespread improvement.
Development Zone Analysis:
These properties are located within the City of Killeen Development Zone #1. This development zone is north of Veterans Memorial Boulevard and west of WS Young Drive. This development zone consists of 66.38% residential uses and 33.17% commercial uses.
The current land use mix within this area comprises of the following acreages and percentages approximately:
District Acres Percentage
Special Districts 1.36 0.13%
Residential 667.36 66.25%
Industrial 58.91 5.85%
Commercial 275.23 27.32%
Agricultural 0.04 <0.00%
Totals 1007.39 100.00%
Water, Sewer and Drainage Services:
Provider: City of Killeen
Within Service Area: Yes
Feasibility Study or Service Commitment: Water, wastewater, and drainage services are located within the City of Killeen municipal utility service area. Existing water (2” main) and wastewater (6” main) infrastructure is available in North 8th Street. The existing water line will need to be evaluated for upgrade based on the expected water demand for the new establishment. No additional wastewater services are anticipated. No existing storm sewer inlets or piping is adjacent to the property. Drainage system improvements will consist of renewal of existing curbs, gutters, and roadways.
Transportation and Thoroughfare Plan:
The property is located adjacent to Fort Cavazos and is included in the North Killeen Revitalization Area. Ingress and egress to the south, toward E. Rancier Ave., is via the existing North 8th Street, which is considered a 55’ wide local street. Local traffic due to the proposed zoning change is expected to be less than the previous use. A traffic impact analysis is not required.
PARKS AND PROPOSED TRAIL PLAN:
There are no proposed parks or trails located adjacent to or on this site. Parkland dedication, fees in lieu of, and parkland development fees will not be required in accordance with Section 26-129(B)1 as the proposed development is nonresidential in nature.
Environmental Assessment:
The property is in the South Nolan Creek Tributary 7 Watershed. The property is 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 48027C0115E with effective date September 26, 2008.
Public Notification:
Staff notified thirty-two (32) surrounding property owners regarding this request. Of those property owners notified, nineteen (19) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and seventeen (17) live outside Killeen. As of the date of this staff report, staff has received two written responses from the surrounding property owners in opposition, regarding this request.
Staff Findings:
The subject properties have an existing vacant commercial structure on the parcels and is currently zoned “B-3” (Local Business District). The surrounding area includes a mix of developed 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. However, staff is of the determination that the applicant’s request is not consistent with the prevailing community character of the adjacent neighborhoods. Staff finds that the subject property would be better suited to remain commercially zoned or rezoned to accommodate residential use.
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
Staff recommends disapproval of the request to rezone the properties from “B-3” (Local Business District) to “B-C-1” (General Business and Alcohol Sales District).
Staff finds that the applicant’s request is not compatible with the surrounding land uses and is not consistent with the prevailing community character. The character of the area includes a mix of existing residential and commercial uses with the predominance being residential. Staff finds that approval of the requested “B-C-1” zoning would have a negative impact on the surrounding properties and the neighborhood in general.
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 disapproval of the request to rezone the properties from “B-3” (Local Business District) to “B-C-1” (General Business and Alcohol Sales District) as presented.
At their regular meeting on September 9, 2024, the Planning and Zoning Commission recommended disapproval of the request by a vote of 5 to 1 with Commissioner Marquez voting in opposition to the motion. Commissioner Marquez expressed support for the applicant’s request and noted that this area is in need of new investment.
In accordance with Killeen Code of Ordinances Sec. 31-39(e), approval of the request will require the favorable vote of three-fourths (3/4) of all the members of the City Council (6 affirmative votes).
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Site Photos
Minutes
Ordinance
Letter of Request
Responses
Considerations
Presentation