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File #: PH-24-033    Version: 1 Name: Z24-15
Type: Ordinance/Public Hearing Status: Passed
File created: 7/22/2024 In control: City Council
On agenda: 8/20/2024 Final action: 8/20/2024
Title: HOLD a public hearing and consider an ordinance submitted by Quintero Engineering, LLC, on behalf of JSCH Properties, LLC & Earl Horn, (Case #Z24-15) to rezone approximately 1.9 acres out of the George W. Cartwright Survey, Abstract No. 159 from "R-1" (Single-Family Residential District) to "B-3" (Local Business District). The subject property is locally addressed as 7003 E. Rancier Avenue, Killeen, Texas.
Sponsors: Development Services
Attachments: 1. Maps, 2. Site Photos, 3. Letter of Request, 4. Minutes, 5. Ordinance, 6. Considerations, 7. Presentation

Title                     

 

HOLD a public hearing and consider an ordinance submitted by Quintero Engineering, LLC, on behalf of JSCH Properties, LLC & Earl Horn, (Case #Z24-15) to rezone approximately 1.9 acres out of the George W. Cartwright Survey, Abstract No. 159 from “R-1” (Single-Family Residential District) to “B-3” (Local Business District). The subject property is locally addressed as 7003 E. Rancier Avenue, Killeen, Texas.

Body

 

DATE:                     August 20, 2024

 

TO:                     Kent Cagle, City Manager

 

FROM:                     Edwin Revell, Executive Director of Development Services

 

SUBJECT:                     Zoning Case # 24-15: “R-1” (Single-Family Residential District) to “B-3” (Local Business District)

 

BACKGROUND AND FINDINGS:

 

Property Information:

 

Property Owners: JSCH Properties, LLC & Earl Horn

Agent: Quintero Engineering, LLC

Current Zoning: “R-1” (Single-Family Residential District)

Proposed Zoning: “B-3” (Local Business District)

FLUM Designation: ‘Regional Commercial’ (RC)

Growth Sector Designation: ‘Neighborhood Infill’

 

Summary of Request:

 

Quintero Engineering, LLC submitted a request, on behalf of JSCH Properties, LLC & Earl Horn, to rezone approximately 1.9 acres out of the George W. Cartwright Survey, Abstract No. 159 from “R-1” (Single-Family Residential District) to “B-3” (Local Business District). The purpose of this request is to change the property's zoning for a commercial development with lease spaces.

 

Zoning/Plat Case History:

 

The subject property was annexed into the City limits on October 8, 1972, via Ordinance No. 72-59. The property was subsequently rezoned from “A” (Agricultural) to “R-1” (Single-Family Residential District) with the initial rezoning after annexation. The property is currently not platted.

 

Character of the Area:

 

North:                      Elementary School zoned “R-1” (Single-Family Residential District)

South:                      Existing mobile home park zoned “R-MP” (Mobile Home and Travel Trailer Park)

East:                      Elementary School zoned “R-1” (Single-Family Residential District)

West:                      Vacant property zoned “B-3” (Local Business District)

 

Future Land Use Map Analysis:

 

The subject property is located within the ‘Neighborhood Infill’ area on the Growth Sector Map and designated as ‘Regional Commercial’ on the Future Land Use Map (FLUM) of the 2022 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 Killeen 2022 Comprehensive Plan.

 

Development Zone Analysis:

 

This property is located within the City of Killeen Development Zone #2.  This development zone is north of Veterans Memorial Boulevard and west of S. W.S. Young Drive.

 

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

 

District                                          Acres                                          Percentage

Special Districts                     88.35                                          1.96%

Residential                                          2960.10                     65.57%

Industrial                                          990.19                                          21.93%

Commercial                                          467.44                                          10.35%

Agricultural                                          8.15                                          0.18%

Totals                                                               4514.24                     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 is available to the subject tract.

 

Water services are available on the western boundary of the tract via an existing 6” water line that terminates at the property line. An existing 8” water main is located along the northeastern side of the property on the east side of Westcliff Road.

 

Wastewater services are available on the northwestern boundary of the tract via an existing 8” wastewater line located along the northwestern property line.

 

Transportation and Thoroughfare Plan:

 

Ingress and egress to the property are via East Rancier Avenue (F.M. 439) and Westcliff Road. Hay Branch Elementary School is located adjacent to the property. Westcliff Road is considered a Minor Arterial. E. Rancier Avenue is considered a Principal Arterial and is maintained by the Texas Department of Public Safety. The current zoning classification is R-1, and the associated uses generate a negligible volume of traffic. The proposed zoning classification is “B-3” and depending upon the actual use of the property, could generate more than three thousand eight hundred (3,800) average daily trips. The intent of the development is for a five thousand (5,000) square foot shopping center that should see an average of one hundred and eighty-nine (189) vehicle trips per day.  A Traffic Impact Analysis (TIA) may be required, depending on the final use determination. 

 

PARKS AND PROPOSED TRAIL PLAN:

 

There are no proposed parks or trails located on this site.  Nonresidential development is exempt from parkland dedication requirements in accordance with Sec. 26-129(B)1. 

 

Environmental Assessment:

 

The property is in the South Nolan Creek Tributary #7 Watershed and is within a Zone X FEMA-regulatory Special Flood Hazard Area (SFHA), per FEMA Flood Insurance Rate Map 48027C0285E, with effective date September 26, 2008. According to the National Wetlands Inventory, no portion of the property is in a riverine habitat or adjacent to a stream classified as “Waters of the United States”.

 

Public Notification:

 

Staff notified twenty-six (26) surrounding property owners regarding this request.  Of those property owners notified, fourteen (14) are outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and thirteen (13) live outside Killeen.  As of the date of this staff report, staff has received no written responses regarding this request.

 

Staff Findings:

 

The property is vacant and there is a mix of vacant land, single-family homes, multifamily, and commercial uses in the surrounding area. Staff finds that the applicant’s request is consistent with the recommendations of the Killeen 2022 Comprehensive Plan.

 

THE ALTERNATIVES CONSIDERED:

 

The City Council may:

§                     Disapprove the applicant’s zoning request;

§                     Approve a more restrictive zoning district; or

§                     Approve the applicant’s zoning request.

 

Which alternative is recommended? Why?

 

Staff recommends approval of the applicant’s request to rezone the property from “R-1” (Single-Family Residential District) to “B-3” (Local Business District) as presented.

 

Staff supports the applicant’s request to rezone the property to “B-3” (Local Business District). If approved, this request will allow for commercial development which will increase the economic vitality of this area. Further, 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 rezone the property from “R-1” (Single-Family Residential District) to “B-3” (Local Business 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