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File #: PH-25-018    Version: 1 Name: FLUM25-02
Type: Ordinance/Public Hearing Status: Public Hearings
File created: 4/7/2025 In control: City Council
On agenda: 5/6/2025 Final action:
Title: Hold a public hearing and consider an ordinance submitted by Central Texas Development Services, on behalf of RSBP Developers, Inc., (FLUM#25-02) to amend the Comprehensive Plan's Future Land Use Map (FLUM) from a 'Neighborhood Commercial' designation to a 'Regional Commercial' designation for approximately 2.376 acres, being Lot 1, Block 2, out of Trimmier Estates Phase One Replat. This property is locally addressed as 5310 Trimmier Road, Killeen, Texas.
Sponsors: Development Services
Attachments: 1. Maps, 2. Site Photos, 3. Minutes, 4. Ordinance, 5. Letter of Request, 6. Responses, 7. Presentation
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Title                     

 

Hold a public hearing and consider an ordinance submitted by Central Texas Development Services, on behalf of RSBP Developers, Inc., (FLUM#25-02) to amend the Comprehensive Plan’s Future Land Use Map (FLUM) from a ‘Neighborhood Commercial’ designation to a ‘Regional Commercial’ designation for approximately 2.376 acres, being Lot 1, Block 2, out of Trimmier Estates Phase One Replat. This property is locally addressed as 5310 Trimmier Road, Killeen, Texas.

 

Body

 

DATE:                     May 6, 2025

 

TO:                     Kent Cagle, City Manager

 

FROM:                     Wallis Meshier, Executive Director of Development Services

 

SUBJECT:                     FLUM Case # FLUM25-02: ‘NC’ to ‘RC’

 

BACKGROUND AND FINDINGS:

 

Property Information:

 

Property Owner: RSBP Developers, Inc.

Agent: Central Texas Development Services

Current FLUM Designation: ‘Neighborhood Commercial’ (NC)

Requested FLUM Designation: ‘Regional Commercial’ (RC)

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

 

 

Summary of Request:

 

Central Texas Development Services, on behalf of RSBP Developers, Inc., has submitted a request to amend the Comprehensive Plan’s Future Land Use Map (FLUM) from a ‘Neighborhood Commercial’ designation to a ‘Regional Commercial’ designation. If approved, the applicant intended to request to rezone the property to “B-5” (Business District) for the impound yard next door to expand. During the Planning and Zoning Commission meeting, it was confirmed that the adjacent business owner was no longer interested in the property due to the improvements that would be needed to bring the property into compliance with City regulations.  During the Public Hearing on March 24, 2025, one (1) citizen spoke in opposition to this request.

 

 

Zoning/Plat Case History:

 

The property was annexed into the City of Killeen's corporate limits on October 19, 1999, via Ordinance No. 99-84. At the time of the initial zoning after annexation, it was zoned “A” (Agricultural District). The property was rezoned from “A” (Agricultural District) to “B-3” (Local Business District) on September 25, 2007.

 

The Planning and Zoning Commission heard this request on March 10, 2025, and then again on March 24, 2025.

 

Character of the Area:

 

North: Existing impound yard zoned “B-5” (Business District)

South:                      Drainage tract zoned “R-1” (Single-Family Residential District)

East: Drainage tract zoned “R-1” (Single-Family Residential District) and existing two-family residential development zoned “R-2” (Two-Family Residential District)

West:                     Undeveloped and existing commercial 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 is designated as ‘Neighborhood Commercial’ (NC) on the Future Land Use Map (FLUM) of the 2040 Comprehensive Plan.

 

Properties within the ‘Neighborhood Infill’ sector includes areas of the city that are already developed and have access to city services and infrastructure, but have vacant, underutilized, or poorly developed properties. Growth policies for this sector should encourage development or redevelopment of these properties with accessory dwelling units, smallplexes, and micro commercial that provides incremental increases in density. Development should match the existing character and improve walkable access to business and amenities for people living and working in the vicinity.

 

The ‘Neighborhood Commercial’ place type is a predominantly a commercial extension of a traditional neighborhood. These places generally grow along with a neighborhood does. These are placed along a corridor of some kind, often a higher traffic roadway that serves as the edge of a neighborhood. These areas bridge pedestrian and auto-oriented development patterns. Street parking and continuous building frontages are very important here as it creases as pleasant experience for people who traverse the area on foot. Shared parking should be encouraged. High intensity small lot residential is acceptable within this place type. This place type encourages one hundred percent (100%) nonresidential and twenty-five percent (25%) residential use mix.

 

If approved, the ‘Regional Commercial’ place type is 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 mix.

 

Consistency with the Comprehensive Plan:

 

In accordance with Killeen Code of Ordinances Sec. 31-39(j), the following factors shall be considered when considering whether to approve a request to amend the city’s Future Land Use Map (FLUM):

 

1.                     Is the proposed amendment consistent with the principles and policies set forth in the comprehensive plan?

 

No.  Staff is of the determination that the request is not consistent with the recommendations of the Comprehensive Plan.  The Killeen 2040 Comprehensive Plan states that the ‘Regional Commercial’ place type is intended for high-traffic intersections.  The subject property is not located near a major intersection and is not suitable for high intensity commercial uses.  Additionally, given the property’s location in the floodplain, staff finds that the proposed expansion of the adjacent impound yard is not an appropriate use for the subject property.

 

2.                     Is the proposed amendment compatible with the character of the surrounding area?

 

No.  Staff is of the determination that the request to change the FLUM designation of the subject property to ‘Regional Commercial’ is not consistent with the character of the surrounding area. The commercial property in the immediate vicinity of the subject property is designated ‘Neighborhood Commercial’ on the FLUM.  Changing the designation of the subject property to ‘Regional Commercial’ would not be in keeping with the FLUM designation of the surrounding properties.  The property immediately adjacent to the east consists of existing two-family residential properties designated ‘Residential Mix’ on the FLUM.  Additionally, the majority of the subject property is within a FEMA special flood hazard area, and the property immediately adjacent to the south is designated ‘Floodplain’ on the FLUM. 

 

3.                     What is the impact of the proposed amendment on infrastructure provision, including water, wastewater, drainage, and the transportation network?

 

Based on the current information, staff has insufficient information to assess the impact on the city’s infrastructure.

 

4.                     What is the impact of the proposed amendment on the city's ability to provide, fund, and maintain services?

 

Based on the current information, staff has insufficient information to assess the impact on the city's ability to provide, fund, and maintain services.

 

5.                     What is the impact of the proposed amendment on environmentally sensitive and natural areas?

 

Given that the majority of the subject property is within a FEMA Special Flood Hazard Area, staff is of the determination that approval of the request has the potential to negatively impact the environmentally sensitive and natural areas to the south.

 

6.                     What specific conditions (e.g., population size and/or characteristics, area character and building form, property/structure conditions, infrastructure or public services, market factors including the need for more land in a particular designation, etc.) have changed sufficiently to render the current map designation(s) inappropriate or out-of-date?

 

                     Staff finds that there has been no change to render the current map designation inappropriate or out-of-date. 

 

7.                     Do city staff, the planning and zoning commission, and/or the city council have sufficient information to move ahead with a decision (e.g., utility capacity, potential traffic impacts, other public service implications, resident/stakeholder concerns and input)?

 

This staff report includes information regarding available utility services, traffic impact, etc.

 

 

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 and are available to the subject tract.

 

Water service is available via an existing 6” water distribution line and an existing 12” water

transmission line in Trimmier Road.

 

Wastewater service is available via an existing 12” wastewater line in Trimmier Road and an

The existing 12” wastewater main is in an easement to the south of the tract.

 

Storm sewer infrastructure is available via storm sewer inlets and pipelines on the west side of Trimmier Road. No information is available regarding the character of the infrastructure. The property is inundated by the Little Nolan Creek floodplain.

 

 

Transportation and Thoroughfare Plan:

 

Access to the property is via Trimmier Road (100-foot-wide ROW) at the western border. Trimmier Road is classified as a Minor Arterial in this area. Based on the information available at this time, a Traffic Impact Analysis is not required.

 

 

Environmental Assessment:

 

The property is in the Nolan Creek / Leon River Watershed. The property is located in Zone A and Zone AE (Special Flood Hazard Area), per FEMA Flood Insurance Rate Map 48027C0280E, with an effective date of September 26, 2008. The FEMA Flood Insurance Rate Map is impacted by LOMR 12_06_554P, effective April 22, 2013. The LOMR (Letter of Map Revision) redefines Special Flood Hazard Area shown on the city’s GIS maps. The Special Flood Hazard Area is now contained within the Drainage Tracts shown on the recorded plat. The property is impacted by an existing freshwater pond and a freshwater.

 

 

Public Notification:

 

Staff notified fifty-one (51) surrounding property owners regarding this request. Eighteen (18) of the surrounding property owners reside outside of Killeen. Staff has received one response in opposition, and one response in opposition from Action Towing & Recovery was subsequently retracted.

 

The letter of opposition stated concerns regarding traffic congestion, safety of kids walking to school, and noise.

 

 

Staff Findings:

 

Staff is of the determination that the applicant’s request to amend the Future Land Use Map (FLUM) designation from ‘Neighborhood Commercial’ (NC) to ‘Regional Commercial’ (RC) is not consistent with the character of the area, or with the recommendations of the Killeen 2040 Comprehensive Plan.  Further, staff had concerns regarding the applicant’s intent to expand the existing impound yard, given the adjacent residential land use and proximity to the floodplain.

 

 

THE ALTERNATIVES CONSIDERED:

 

N/A

 

Which alternative is recommended? Why?

 

N/A

 

CONFORMITY TO CITY POLICY:

 

The proposed FLUM amendment does not involve the expenditure of City funds. 

 

FINANCIAL IMPACT:

 

What is the amount of the expenditure in the current fiscal year? For future years?

 

The proposed FLUM amendment 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:

 

Staff recommends disapproval of the applicant’s request to amend the Future Land Use Map (FLUM) designation from ‘Neighborhood Commercial’ (NC) to ‘Regional Commercial’ (RC).

 

At their regular meeting on March 24, 2025, the Planning and Zoning Commission recommended disapproval of the request by a vote of 3 to 2, with Vice Chairman Wilson breaking the tie in favor of the motion. Commissioner Giacomozzi and Commissioner Ellis voted in opposition to the motion.

 

Commissioners Giacomozzi and Ellis expressed that they were in support of the request because the adjacent property is already zoned “B-5”(Business District).

 

 

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

Presentation