Title
HOLD a public hearing and consider an ordinance requested by Lawrence Passariello, on behalf of Brown Family Revocable Trust (Case #Z22-43), to rezone approximately 0.430 acres out of the Killeen Original, Block 55, Lot part of 2, from “B-5” (Business District) and “R-3” (Multifamily Residential District) to “R-3A” (Multifamily Apartment Residential District). The property is locally addressed as 515 N 2nd Street, Killeen, Texas.
Summary
DATE: October 18, 2022
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: ZONING CASE #Z22-43: “R-3” (MULTIFAMILY RESIDENTIAL DISTRICT) AND “B-5” (BUSINESS DISTRICT) TO “R-3A” (MULTIFAMILY APARTMENT RESIDENTIAL DISTRICT)
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Brown Family Revocable Trust
Agent: Lawrence Passariello
Current Zoning: “R-3” (Multifamily Residential District) & “B-5” (Business District)
Requested Zoning: “R-3A” (Multifamily Apartment Residential District)
Future Land Use Designation: ‘Urban Village
Summary of Request:
Lawrence Passariello, on behalf of Brown Family Revocable Trust, has submitted a request to rezone approximately 0.430 acres out of the Killeen Original, Block 55, Lot part of 2, from “B-5” (Business District) and “R-3” (Multifamily Residential District) to “R-3A” (Multifamily Apartment Residential District). If approved, the applicant intends to renovate the existing structures on the property for residential use.
Killeen Code of Ordinances Chapter 31 Compliance:
In accordance with Killeen Code of Ordinances Sec. 31-256.1(a), uses permitted in the R-1 or R-2 districts are allowed, including single-family and two-family uses.
In accordance with Killeen Code of Ordinances Sec. 31-256.1(b) and 31-256.9(a), a Planned Unit Development (PUD) “shall be required for any request for an R-3F and/or R-3A district when the total acreage of the request alone, or when the total acreage of the request combined with all adjacent areas zoned R-2, R-3, R-3F, and R-3A, and/or areas within a two-thousand feet radius of any of the property seeking to be rezoned, consist of twenty-five (25) acres or more.”
There are approximately 76.7 acres of areas zoned for multifamily use within 2,000 feet of the subject property. Therefore, a PUD would be required in order to rezone the subject property to “R-3A” (Multifamily Apartment Residential District). However, in accordance with the proposed amendments to Sec. 31-256.9(a), where a PUD shall only be required for any rezoning request for R-3F and/or R-3A when the total acreage of the request is greater than five (5) acres, staff finds that this request may not require a PUD, since the request is for approximately 0.430 acres.
Zoning/Plat Case History:
The subject property was annexed into the city limits in 1883. Staff was unable to determine the date of rezoning.
Character of the Area:
North: Undeveloped property currently used as overflow parking for Hierba Fresca Steak House zoned “B-5” (Business District).
South: Existing religious institution zoned “B-5” (Business District).
East: Existing social services building zoned “B-5” (Business District)
West: Existing duplexes zoned “R-3” (Multifamily Residential District)
Future Land Use Map Analysis:
This property is located within the ‘Infill & Enhance’ area on the Growth Sector Map and designated as ‘Urban Village’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
The ‘Urban Village’ place type is considered to be one of the most fiscally resilient place types, and in the right proportion, can subsidize low-value development patterns. It is generally intended for the center of activity with active streets, focusing on people, and imperatively highlights walkability for pedestrian over automobiles. The ‘Urban Village’ place type promotes the following mix of uses including residential uses such as townhouses, small plex (2-6 units), and apartments, non-residential uses such as all scales of commercial development or industrial uses, and mixed-use such as live-work, few or many overs.
The ‘Infill & Enhance’ area include places with existing developments and full services where additional population, higher intensities in development types and uses is desired. Downtown and its adjacent neighborhoods would benefit from infill and redevelopment.
The request is consistent with the following recommendations of the 2022 Comprehensive Plan:
§ LU1 - Use place types and complete neighborhoods as building blocks
§ LU3 - Encourage incremental evolution of neighborhoods
§ LU4 - Prioritize infill and revitalization in North Killeen
§ NH3 - Diversify housing mix (types and price points)
§ DT4 - Embrace the small/incremental approach to add residential units
The applicant intends to renovate the existing vacant structures on the property which is an example of reactivating and revitalizing downtown and its surrounding neighborhoods by taking advantage of incremental development in the form of rehabilitating and reinvesting on existing inventory of housing stock. At the same time, the request may show how the area can be improved while meeting the needs of the community and providing for a variety of housing options.
Neighborhood Analysis:
This property is located within Killeen Development Zone #1 (Exhibit A) and the North Killeen Revitalization Area. The current land use mix (Exhibit B) within this area comprises approximately 5% non-residential uses and 95% residential uses. The zoning districts within the area includes approximately 30% non-residential zoning districts and 70% residential zoning districts; this number excludes special districts such as conditional or special use permits and planned unit developments.
Water, Sewer and Drainage Services:
Provider: City of Killeen
Within Service Area: Yes
Feasibility Study or Service Commitment: Water, sanitary sewer and utility services are located within the City of Killeen municipal utility service area and available to the subject tract.
Transportation and Thoroughfare Plan:
Ingress and egress to the property is from W Avenue A which is classified as a 60’ wide local street on the City of Killeen adopted Thoroughfare Plan. The lot has frontage on N 2nd Street which is classified as a 70’ collector street but access to collectors is prohibited if there is access to a local street. Staff has determined that the site generates approximately 23 trips daily with 3 peal hour trips. No TIA is required.
Environmental Assessment:
The property is not within any FEMA regulatory Special Flood Hazard Area (SFHA). There are no other known wetland areas on or adjacent to the property as identified on the National Wetlands Inventory.
Public Notification:
Staff notified forty-four (44) surrounding property owners regarding this request. Of those property owners notified, twenty-eight (28) reside outside of the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by Council; and twelve (12) reside outside of Killeen. As of the date of this staff report, one (1) written response in support regarding the request has been received.
Staff Findings:
Please see Future Land Use and Neighborhood Analysis section
THE ALTERNATIVES CONSIDERED:
The City Council has three (3) alternatives. The Council may:
§ Disapprove the applicant’s request;
§ Approve a more restrictive zoning district than requested by applicant; or
§ Approve the applicant’s request.
Which alternative is recommended? Why?
Staff recommends approval of the applicant’s request for “R-3F” (Multi-Family Residential District).
Staff finds the request consistent with the policies and principles of the 2022 Comprehensive Plan as indicated in the Comprehensive Plan Analysis. In addition, the request directly aligns with the Comprehensive Plan recommendation (LU3.2) of rezoning properties in areas which need revitalization, specifically areas within the Urban Village, to more flexible zoning districts.
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.
RECOMMENDATION:
At their regular meeting on September 19, 2022, the Planning and Zoning Commission recommended approval of the applicant’s request to rezone the property from “R-3” (Multifamily Residential District) and “B-5” (Business District) to “R-3A” (Multifamily Apartment Residential District) by a vote of 6 to 0.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal Staff.
ATTACHED SUPPORTING DOCUMENTS:
Exhibits
Site Photos
Maps
Minutes
Ordinances
Considerations
Response