Title
HOLD a public hearing and consider an ordinance requested by Ray Pratoff, on behalf of Tae Sa Gong Corporation (Case #Z22-45), to rezone approximately 2,700 sq. ft., being Suite 101A, out of Mid-Town Mall, Lot 1, Block 1, from “B-5” (Business District) to “B-C-1” (General Business and Alcohol Sales District). The property is locally addressed as 1001 East Veterans Memorial Boulevard, Suite 101A, Killeen, Texas.
Summary
DATE: November 1, 2022
TO: Kent Cagle, City Manager.
FROM: Edwin Revell, Executive Director of Development Services.
SUBJECT: ZONING CASE #22-45: “B-5” (BUSINESS DISTRICT) TO “B-C-1” (GENERAL BUSINESS AND ALCOHOL SALES DISTRICT).
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Tae Sa Gong Corporation
Agent: Ray Pratoff
Current Zoning: “B-5” (Business District)
Proposed Zoning: “B-C-1” (General Business and Alcohol Sales District)
Current FLUM Designation: ‘Regional Commercial’
Summary of Request:
Ray Pratoff, on behalf of Tae Sa Gong Corporation, has submitted a request to rezone approximately 2,700 sq. ft., being Suite 101A, out of Mid-Town Mall, Lot 1, Block 1, from “B-5” (Business District) to “B-C-1” (General Business and Alcohol Sales District). If approved, the applicant intends to use the property as a hookah lounge and bar.
Killeen Code of Ordinances Chapter 31 Compliance:
The proposed use falls under Killeen Code of Ordinances Sec. 31-351, which allows business establishments dispensing alcoholic beverages under the Texas Alcoholic Beverage Code, in accordance with permits issued, and the rules and regulations promulgated by the Texas Alcoholic Beverage Commission.
Zoning/Plat Case History:
The subject property is currently zoned “B-5” (Business District). Staff is unable to determine the exact date of the zoning. The property was platted as part of the Mid-town Mall subdivision on August 24, 1964.
Character of the Area:
North: Existing single-family residential homes zoned “R-1” (Single-Family Residential District)
South: Existing commercial businesses zoned “B-5” (Business District)
West: Existing commercial business zoned “B-5” (Business District)
East: Existing two-family residential, multifamily apartments, commercial business, and Fire Station Central zoned “R-2” (Two-Family Residential District), “B-5” (Business District) and “M-1” (Manufacturing District)
Future Land Use Map Analysis:
This property is located within the ‘Infill & Enhance’ area on the Growth Sector Map, and is designated as ‘Regional Commercial’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
The ‘Regional Commercial’ place type are located near high-traffic intersections and are auto-oriented which includes regional businesses such as restaurants, gas stations, retail, etc. which bring people from many surrounding neighborhoods. This place type generally includes non-residential uses such as most scales of commercial development and industrial uses and mixed-use such as many overs.
The ‘Infill & Enhance’ area includes existing developed properties and full services, where additional population, higher development intensities, and integration of uses is desired. Primarily located near downtown and the immediate neighborhoods, this growth sector should support infill, redevelopment, and infrastructure projects with the emphasis on more residents and small businesses while improving walkability.
The request is consistent with the following recommendations of the 2022 Comprehensive Plan:
§ LU3 - Encourage incremental evolution of neighborhoods
§ LU4 - Prioritize infill and revitalization in north Killeen
§ DT4 - Embrace the small/incremental approach to add residential units and small scale commercial spaces
This is an example of encouraging existing residents and local entrepreneur to work together to rehab their buildings to gently nudge property values and revenues upward, while cultivating local wealth at the same time.
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 17% non-residential uses and 83% 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 drainage utility service is 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 East Veterans Memorial Blvd., which is classified as a 120’ wide Principal Arterial, and S. 20th Street and E. Avenue G, which are classified as a 60’ wide Local Streets on the City of Killeen Thoroughfare Plan. Staff estimates that there will be 307 trips per day generated with 31 peak hour trips, and has determined that a Traffic Impact Analysis is not required for the proposed land use.
Environmental Assessment:
The property is within a FEMA regulatory Special Flood Hazard Area (SFHA). The property is adjacent to riverine habitat identified on the National Wetlands Inventory.
Public Notification:
Staff notified seven (7) surrounding property owners regarding this request. Of those property owners notified, six (6) reside outside of the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by Council; and six (6) reside outside of Killeen.
As of the date of this staff report, staff has received no written responses regarding this request.
Staff Findings:
Please see Future Land Use and Neighborhood Analysis section.
THE ALTERNATIVES CONSIDERED:
The City Council may:
• Disapprove the applicant’s zoning request; or
• Approve the applicant’s zoning request as presented by the applicant.
Which alternative is recommended? Why?
Staff recommends approval of the applicant’s request for “B-C-1” (General Business and Alcohol Sales District).
Staff finds that the request is consistent with the policies and principles of the 2022 Comprehensive Plan as indicated in the Comprehensive Plan Analysis.
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:
At their regular meeting on October 3, 2022, 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:
Exhibit
Maps
Site Photos
Minutes
Ordinance
Considerations