TITLE
HOLD a public hearing and consider an ordinance requested by Jim Wright on behalf of RDJ Group (Case#Z18-18) to rezone part of Lot 1, Block 1, Kemp Addition, from “B-5” (Business District) to “B-3A” (Local Business and Retail Alcohol Sales District) to allow for a package store. The property is located at 3401 W. Stan Schlueter Loop (FM 3470), Suite 10, Killeen, Texas.
SUMMARY
DATE: October 2, 2018
TO: Ronald L. Olson, City Manager
FROM: Dr. Ray Shanaa, AICP, Exec. Dir. of Planning and Development Services
SUBJECT: ZONING CASE #Z18-18: “B-5” (BUSINESS DISTRICT) TO “B-3A” (LOCAL BUSINESS AND RETAIL ALCOHOL SALES DISTRICT)
BACKGROUND AND FINDINGS:
This request, submitted by Jim Wright on behalf of RDJ Group (Case#Z18-18) to rezone part of Lot 1, Block 1, Kemp Addition, from “B-5” (Business District) to “B-3A” (Local Business and Retail Alcohol Sales District) to allow for a package store. The property is located at 3401 W. Stan Schlueter Loop (FM 3470), Suite 10, Killeen, Texas.
District Descriptions:
A building or premises in the “B-3A” Local Business and Retail Alcohol Sales District shall be used only for the following purposes:
(1) Any use permitted in the “B-3” district in accordance with the requirements of this division.
(2) Package stores to be operated under, and in accordance with, a valid Texas Alcohol Beverage Commission issued package store permit provided that such establishment:
(a) complies with all applicable rules and regulations established under the Texas Alcoholic Beverage Code (TABC) and/or promulgated by the Texas Alcoholic Beverage Commission, as amended. Said rules and regulations are hereby adopted and incorporated herein for all purposes; and
(b) is not located within: three hundred (300') feet of a church, public or private school or public hospital; one thousand (1000') feet of a public school if a request is submitted to city council by the board of trustees of a school district under Section 38.007, Texas Education Code; or one thousand (1000') feet of a private school if a request is submitted to city council by the governing body of the private school. The measurement of the distances shall be as provided under TABC § 109.33 and in accordance with the procedures established by the TABC, as amended, which is hereby adopted and incorporated herein for all purposes. The city council may, however, allow a variance from this distance requirement in accordance with TABC § 109.33(e). The following exemptions to the above-stated distance requirements and expansion of the application of the distance requirements from day-care centers and child-care facilities are provided under the TABC and are hereby adopted to provide:
(i) The one thousand (1000') public or private school distance extension shall not apply to the holder of: a retail on-premises consumption permit or license if less than fifty (50%) percent of the gross receipts for the establishment is from the sale or service of alcoholic beverages; a retail off-premises consumption permit or license if less than fifty (50%) percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages; or a wholesaler's, distributor's, brewer's, distiller's and rectifier's, winery, wine bottler's or manufacture's permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in TABC, chapter 102.
(ii) The one thousand (1000') foot private school distance extension shall not apply to the holder of: a license or permit issued under TABC chapters 27, 31, or 72 who is operating on the premises of the private school; or a license or permit covering an establishment where minors are prohibited from entering under TABC § 109.53 and that is located within one thousand (1000') feet of a private school.
(iii) The three hundred (300') foot general distance prohibition shall not apply to the holder of: a license or permit who also holds a food and beverage certificate covering an establishment that is located within three hundred (300') of a private school; or a license or permit covering a premises where minors are prohibited from entering under TABC § 109.53 and that is located within three hundred (300') feet of a private school. In this section, "private school" means a private school, including a parochial school that offers a course of instruction for students in one or more grades from kindergarten through grade 12 and has more than one hundred (100) students enrolled and attending courses at a single location.
(iv) This subsection applies only to a permit or license holder under TABC chapter 25, 28, 32, 69, or 74 who does not hold a food and beverage certificate. Except as provided by this subsection, the provisions of this section 31-311(2) relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by section 42.002, Texas Human Resources Code. However, the one thousand (1000') foot distance extension by request is not available to a day-care center or child-care facility. This subsection does not apply to a permit or license holder who sells alcoholic beverages if: (1) the permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or (2) the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building. This subsection does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by section 42.002, Texas Human Resources Code.
(3) Uses listed in the “B-3A” district shall not be incorporated by right into less restrictive zoning districts, including, without limitation, the “B-3”, “B-4”, and “B-5” districts, but shall be considered to be a stand-alone zoning district, except as provided for in this division
Property Specifics:
Applicant / Property Owner: RDJ Group
Property Location: The property is located at 3401 W. Stan Schlueter Loop (FM 3470), Suite 10, Killeen, Texas.
Legal Description: Lot 1, Block 1, Kemp Addition
Zoning/ Plat Case History:
§ There is no recent zoning activity for this property.
§ Kemp Addition was filed for record on August 20, 2002, in Cabinet C, Slide 300-B, Plat Records of Bell County, Texas.
Character of the Area:
Existing Land Use(s) on the Property: Retail center
Historic Properties: None
Infrastructure and Community Facilities:
Water, Sewer and Drainage Services
Provider: City of Killeen
Within Service Area: Yes
Feasibility Study or Service Commitment: Water, sanitary sewer and drainage utility services are available to the property.
Transportation:
Existing Conditions: Stan Schlueter Loop (FM 3470) is classified as a principal arterial on the City’s adopted Thoroughfare Plan.
Proposed Improvements: No improvements are being proposed.
Projected Traffic Generation: A package store is a specialty retail center and suite 10 is approximately 1,500 square feet. The store is anticipated to generate 66 daily vehicle trips, with 10 peak AM trips and 4 peak PM trips [note-this data is sourced from the Institute of Transportation Engineer (ITE) Trip Generation Rates-9th Edition, provided through Spack Consulting].
Environmental Assessment:
Topography/Regulated Floodplain/Floodway/Creek: This property is not within any FEMA regulatory Special Flood Hazard Area (SFHA) and there are no known wetlands on or adjacent to the parcel.
Land Use Analysis:
Future Land Use Map: This area is designated as ‘General Commercial’ (GC) on the Future Land Use Map (FLUM) of the Comprehensive Plan.
Plan Recommendation: The Comprehensive Plan calls for a wide range of commercial, retail and service uses, at varying scales and intensities depending on the site.
Consistency: This zoning request is consistent with the Comprehensive Plan.
Public Notification:
Staff notified twenty eight (28) surrounding property owners within 400 feet of the subject site regarding this request.
THE ALTERNATIVES CONSIDERED:
Which alternative is recommended?
Staff is not recommending any alternative to the applicant’s request.
Why?
The applicant would like to pursue the zoning request as submitted.
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.
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:
The Planning and Zoning Commission recommended approval of the rezone request from “B-5” (Business District) to “B-3A” (Local Business and Retail Alcohol Sales District) by a vote of 6 to 0. Establishments that provide beer, wine and mixed beverages for off-premises consumption are not subject to the TABC distance requirements from churches, schools, hospitals and daycares.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the planning and legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Minutes
Ordinance
Considerations