TITLE
HOLD a public hearing and consider an ordinance requested by WBW Development and WBW Single Land Investment, L.L.C. - Series 110, on behalf of the Atchison Family Revocable Trust and the Sheryl Anderson Yowell 1998 Trust (Case #Z19-04), to rezone approximately 169 acres out of the J.D. Allcorn Survey, Abstract No. 25, the S.D. Carothers Survey, Abstract No. 177 and the M.J. Pleasant Survey, Abstract No. 652, from “A” (Agricultural District) to a Planned Unit Development (P.U.D.) with “R-1” (Single-Family Residential District) uses. The property is generally located east of Yowell Ranch Phases Two and Three, Killeen, Texas. (Requires 3/4 majority vote)
SUMMARY
DATE: May 21, 2019
TO: Ronald L. Olson, City Manager
FROM: Dr. Ray Shanaa, Exec. Dir. Of Planning and Development Services
SUBJECT: Zoning Case #Z19-04 “A” (Agricultural District) to Planned Unit Development (P.U.D.) with “R-1” (Single-Family Residential District) uses.
Background and Findings:
This request is submitted by WBW Development and WBW Single Land Investment, L.L.C. - Series 110, on behalf of the Atchison Family Revocable Trust and the Sheryl Anderson Yowell 1998 Trust, to rezone approximately 169 acres out of the J.D. Allcorn Survey, Abstract No. 25, the S.D. Carothers Survey, Abstract No. 177 and the M.J. Pleasant Survey, Abstract No. 652, from “A” (Agricultural District) to a Planned Unit Development (P.U.D.) with “R-1” (Single-Family Residential District) uses. The applicant has proposed a revised Planned Unit Development concept plan, which would include 598 single-family lots on 150.45 acres of land, which is approximately 20 acres less than the originally submitted by the applicant. The submitted P.U.D. concept plan illustrates a residential density amount of approximately 4.83 dwelling units per net (exclusive of rights-of-way) acre.
District Descriptions:
A Planned Unit Development (P.U.D.) is a land use design incorporating the concepts of density and common open space. Common open space shall include, but is not limited to, community amenities such as parks, gardens, pedestrian trails, recreation areas, and usable undisturbed, natural areas. The P.U.D. designation serves as an "overlay zoning and development classification." In this capacity, the designation permits specific negotiated development regulations to be applied to the base land use zoning district(s) in which the property is located. When a parcel of land receives a P.U.D. designation, the entire parcel must be assigned one or more standard zoning district classifications. However, the added P.U.D. overlay classification enables the developer of the site to request that specific land use development regulations be applied to his development site. Such specific land use and development regulations shall not take effect until they are reviewed, public hearings held and approved by both the planning and zoning commission and the City council.
The procedure for requesting, processing, and approving a P.U.D. classification shall conform to those procedures prescribed for requesting a zoning change. The development regulations which the developer desires to have approved for the proposed P.U.D. will be submitted concurrent with the requested zoning change for a P.U.D. classification. Development plats shall not be submitted until approval action on the P.U.D. classification has been taken by the City council.
P.U.D. review: The Planning and Zoning commission will assess the impacts the proposed P.U.D. will have on planning goals, utilities, emergency services, traffic, and all properties adjoining and likely to be influenced by the proposed P.U.D. development. The City shall comply with the notification, public notice, and public hearing requirements mandated for changes in zoning districts. The Planning and Zoning Commission shall make recommendations regarding approval/denial, development regulations, and any mitigating conditions required of the P.U.D. classification to the City Council. The City Council may approve/disapprove the P.U.D. classification, modify any requested development regulations, and impose any conditions relative to the development of the P.U.D Unless otherwise stipulated, such conditions shall be complied with before any permit shall be issued for the construction of any structure within the P.U.D
Assessment criteria: Each proposed P.U.D. development shall be reviewed to determine the compatibility of the development with surrounding land uses and the compatibility of the land uses within the development. No P.U.D. shall be approved if it is found that the proposed development:
(1) Does not conform with applicable regulations and standards established by this article;
(2) Is not compatible with existing or permitted uses on abutting sites, in terms of use, building height, setbacks and open spaces, landscaping, drainage, or access and traffic circulation;
(3) Potentially create unfavorable effects or impacts on other existing or permitted uses on abutting sites that cannot mitigated by imposed conditions, screening, or other provision of this section;
(4) Adversely affects the safety and convenience of vehicular and pedestrian circulation and parking in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses anticipated considering existing zoning and land uses in the area;
(5) Fails to reasonably protect persons and property from infrastructure failure, erosion, flood or water damage, fire, odors, dust, noise, fumes, vibrations, glare, and similar hazards or impacts;
(6) Adversely affects emergency access, traffic control, or adjacent properties by inappropriate infrastructure standards, location, access, lighting, or type of signs; or
(7) Will be detrimental to the public health, safety and welfare, or injurious to property or improvements in the vicinity, for reasons specifically articulated by the Planning and Zoning Commission or the City Council.
Property Specifics:
Applicant / Property Owner: WBW Development and WBW Single Land Investment, L.L.C. - Series 110
Property Location: The property is generally located on the east side of Yowell Ranch Phases Two and Three.
Legal Description: Roughly 150 acres out of the J.D. Allcorn Survey, Abstract No. 25, the S.D. Carothers Survey, Abstract No. 177 and the M.J. Pleasant Survey, Abstract No. 652
Zoning/ Plat Case History:
§ The property has retained its initial “A” (Agricultural District) zoning. The property is not platted.
Surrounding Land Uses:
|
Direction |
Zoning District |
Land Use |
|
North |
“A” |
Vacant |
|
South |
“A” |
Vacant |
|
East |
“A” |
Homestead Properties |
|
West |
“P.U.D.” w/ “R-1” uses |
Single-Family Residential |
Existing Land Use(s) on the Property: The property is undeveloped.
Historic Properties: None.
Community Infrastructure and Environmental Assessment:
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 located within the City of Killeen municipal utility service area and available to the subject tract.
Transportation:
Existing conditions: The property is located east of Yowell Ranch Phases Two and Three and is impacted by a designated north-south collector on the City’s adopted Thoroughfare Plan.
Proposed Improvements: The applicant has included the proposed north-south collector within the proposed P.U.D. concept plan.
Traffic generation: An estimated 5,980 daily vehicle trips is projected for this development.
Environmental Assessment:
Portions of the P.U.D. lie within a FEMA regulatory Special Flood Hazard Area (SFHA). While there is not currently a floodway designated in this SFHA, there are wetlands (a mixture of riverine and Freshwater Forested/Shrub) identified within this addition. The SFHA and the reported wetlands both fall within soil classified as Frio silty clay with 0 to 1 percent slopes. This is significant since this type of soil is frequently flooded.
Currently sheet flow runoff exits this parcel in a concentrated manner within the Yowell Creek Tributary prior to its convergence with Yowell Creek. Runoff then flows in an easterly direction to Trimmier Creek prior to leaving the City of Killeen. Trimmier Creek is listed on the TCEQ’s 303(d) list for concerns for near-nonattainment for an impaired microbenthic community.
At the time of development the current drainage design manual, post construction requirements, and infrastructure design and development standards will be applicable to this site. The property owner and his agents are cautioned that unknown or unforeseen site conditions may require remedial action to provide safe and adequate water, sewer, or drainage service to the property. Further, City of Killeen development regulations require that capacity analyses related to development of the property are the sole responsibility of the owner. The owner or his agents, acting as the permit applicant for the subject property, shall coordinate tie in to all publicly dedicated infrastructure with the Public Works Department.
Land Use Analysis:
Future Land Use Map: The property is designated as ‘Estate’ (E) on the Future Land Use Map (FLUM) of the Comprehensive Plan.
The ‘Estate’ (E) designation encourages the following development types:
§ Detached residential dwellings
§ Public/ institutional
§ Parks and public spaces
‘Estate’ (E) characteristics:
Transition between Suburban and Rural character areas, with further progression along the character spectrum toward environments where the landscape is visually dominant over structures.
Still in Suburban portion of character spectrum, but with larger lots (typically 1 acre minimum), especially where required by public health regulations to allow for both individual water wells and on-site septic systems on properties where centralized water and/or wastewater serviceis not available or feasible.
One-acre lots are usually adequate in wooded areas to achieve visual screening of homes (from streets and adjacent dwellings). Three- to 5- acre lots may be needed to achieve and maintain Estate character in areas with more open land.
Consistency: The submitted P.U.D. request is not consistent with the FLUM of the Comprehensive Plan. However, the applicant has submitted a concurrent FLUM amendment request.
Public Notification: Staff notified two hundred and twenty (220) surrounding property owners within 400 feet of the subject property regarding this request. Staff has received 62 responses, including 3 responses in support, 59 in opposition, with 34 protests from within the 200’ notification boundary. The protests amount to 20.47% opposition, and approval of the applicant's request will require a 3/4 affirmative vote of the City Council.
THE ALTERNATIVES CONSIDERED:
The City Council may approve or disapprove the applicant's rezone request, approve the request with additional P.U.D. conditions, or approve a more restrictive baseline residential zoning district.
Which alternative is recommended? Staff recommends disapproval of the PUD request.
Why?
§ The PUD proposal illustrates 598 lots, which will generate 5,980 vehicle trips per day at full build-out. The PUD concept plan proposes no connectivity to an arterial street (e.g. Stagecoach Road and Chaparral Road), but attempts to facilitate this traffic through Malmaison Road, which is classified as a collector street, and Addison Street, a local neighborhood street. This will greatly reduce the acceptable levels of service standards for these two roadways.
§ The PUD standards do not provide information regarding required front, side and rear yard required setbacks.
§ The proposed linear trailheads located outside of the open space areas appear to be located adjacent to rear and side residential property lines and not completely within easily accessible locations such as adjacent rights-of-ways.
§ The PUD concept plan does not graphically account for the north-south roadway extension leading south from the development as recommended by the Planning and Zoning Commission.
§ The R-O-W dedication of land assumes that the City will be responsible for the construction (if necessary) of the tie-in with the future realignment of Chaparral Road.
CONFORMITY TO CITY POLICY:
The applicant has submitted the zoning request in accordance with city guidelines.
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 and no open space areas or amenities will be maintained by the City.
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 P.U.D. request (by a vote of 6 to 0) with the following conditions:
§ the applicant shall provide an additional 2.5 acres of open space to satisfy the minimum 15% PUD requirement;
§ the applicant shall provide a PUD concept plan that graphically illustrates a tie into Chaparral Road; and
§ the applicant shall provide the City Council with the PUD concept plan exhibit that was presented to the Planning and Zoning Commission.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Zoning and notification area map
Location map
Minutes
Ordinance
P.U.D. Standards
P.U.D. Concept plan
Consideration
Responses
Protest map