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HOLD a public hearing and consider a City-initiated request (Case #Z24-25) to rezone Lots 1-6, Block 1 of the Willow Ridge Addition, Phase Four from “B-5” (Business District) to “R-2” (Two-Family Residential District); Lot 1, Block 1 of the Willow Ridge Addition, Phase Five from “B-5” (Business District) to “R-3F” (Multifamily Residential District); and Lot 3, Block 2 of Willow Ridge Addition, Phase Four from “B-5” (Business District) to “R-1” (Single-Family Residential District). The subject properties are locally addressed as 2012, 2014, 2101, 2103, 2105, 2201, 2203, and 2205 Agate Drive, Killeen, Texas.
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DATE: November 5, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Zoning Case # 24-25: “B-5” to “R-1”, “R-2”, and “R-3F”
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Five (5) individual property owners
Agent: City-Initiated Request
Current Zoning: “B-5” (Business District)
Proposed Zoning: “R-1” (Single-Family Residential District), “R-2” (Two-Family Residential District), and “R-3F” (Multifamily Residential District)
FLUM Designation: ‘Residential Mix’ (RM)
Growth Sector Designation: ‘Neighborhood Infill’ (NI)
Summary of Request:
This is a City-initiated request to rezone eight (8) lots on Agate Drive from “B-5” (Business District) to "R-1" (Single-Family Residential District), “R-2” (Two-Family Residential District), and "R-3F" (Multifamily Residential District). The purpose of this request is to change the current zoning of the subject properties to make them consistent with the current land uses. The eight (8) parcels are owned by five (5) individual property owners.
The six (6) lots located on the north side of Agate Drive (2101, 2103, 2105, 2201, 2203, and 2205 Agate Drive) have existing duplexes. So, the intent is to rezone these lots to “R-2” (Two-Family Residential District). The property at 2014 Agate Drive has an existing four-plex. So, the intent is to rezone this parcel to “R-3F” (Multifamily Residential District). Finally, the property at 2012 Agate Drive has an existing single-family home. So, the intent is to rezone the property to “R-1” (Single-Family Residential District). All the above properties are currently zoned “B-5” (Business District). Their current land use is nonconforming with the zoning of the property.
Legal nonconforming properties are subject to Killeen Code of Ordinances Sec. 31-54, which states that a nonconforming use cannot be rebuilt in case of total destruction. If approved, this City-initiated request to rezone the subject properties from “B-5” (Business District) to “R-1” (Single-Family Residential District), “R-2” (Two-Family Residential District), and “R-3F” (Multifamily Residential District) will bring the current use of these properties into conformance with the zoning ordinance.
The intent of this initiative is to assist property owners by rezoning legal nonconforming properties to establish the current residential use of the properties as conforming with the City of Killeen’s zoning and land use regulations. In doing so, the goal is to ensure that property owners are better positioned to sell or refinance their property in the future, should they choose to do so. This rezoning initiative will have no negative impacts on these properties, nor will it affect the property values in any way.
Zoning/Plat Case History:
The subject properties were annexed into the City limits on December 22, 1986. These properties were platted as Lots 1-6, Block 1, Lot 3, Block 2, Willow Ridge Addition, Phase Four & Lot 1, Block 1, Willow Ridge Addition, Phase Five. The properties were rezoned to “B-5” (Business District) on October 10, 1995.
Character of the Area:
North: Developed residential property zoned “R-1” (Single-Family Residential District)
South: Developed residential property zoned “RT-1” (Townhome) and property zoned “B-5” (Business District)
East: Developed commercial property zoned “B-5” (Business District)
West: Developed residential property zoned “R-1” (Single-Family Residential District)
Future Land Use Map Analysis:
These properties are located within the ‘Neighborhood Infill’ area on the Growth Sector Map and designated as ‘Residential Mix’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
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 commercial properties. Growth policies for this sector should encourage development or redevelopment of these properties with accessory dwelling units, small plexes, and micro commercial that provides incremental increases in density. Development should match the existing character and improve walkable access to businesses and amenities for people living and working in the vicinity.
This ‘Residential Mix’ place type creates neighborhoods built with a traditional walkable block/street grid network that allows a flexible mix of residential building typologies. Aside from large multiplex garden apartments, most housing types should be allowed here. This place type encourages most residential uses such as single-family detached, townhouses, small-plex (2-4 units), etc. This place type encourages a twenty-five percent (25%) nonresidential and ninety-five percent (95%) residential use mix.
The request supports or furthers the following Comprehensive Plan recommendations:
§ LU3 - Encourage incremental evolution of neighborhoods.
§ NH2- Adopt strategy for achieving voluntary compliance and modernizing code enforcement techniques.
§ NH6 - Shift the market to include existing housing.
The Comprehensive Plan promotes incremental redevelopment of properties in Killeen that can add to a widespread improvement. Additionally, staff finds the proposed rezoning is consistent with the surrounding area, which consists of a mix of commercial and residential properties.
Development Zone Analysis:
These properties are located within the City of Killeen Development Zone #4. This development zone is north of W. Stan Schlueter Loop and west of S. Fort Hood Street. This development zone consists of 44.81% residential uses and 55.19% commercial uses.
The current land use mix within this area comprises of the following acreages and percentages approximately:
District Acres Percentage
Special Districts 107.15 1.87%
Residential 2457.49 42.94%
Industrial 11.37 0.20%
Commercial 2937.38 51.33%
Agricultural 209.35 3.66%
Totals 5722.74 100.00%
Vacant Property 684 11.95%
Water, Sewer and Drainage Services:
Provider: City of Killeen
Within Service Area: Yes
Feasibility Study or Service Commitment: Water, sanitary sewer, and drainage services are located within the City of Killeen municipal utility service area and are available to the subject tracts. Water services are available via an existing 6” water line in Agate Drive and an existing 6” in Gibraltar Drive. Wastewater services are available via an existing 6” wastewater line located in Agate Drive. No existing storm sewer inlets or piping is adjacent to the properties. No water, wastewater, or drainage improvements are anticipated.
Transportation and Thoroughfare Plan:
Ingress and egress to the subject properties is via Agate Drive, which is classified as a 60’ wide Local Street on the City of Killeen Thoroughfare Plan. Local traffic due to the proposed zoning change is not expected to change. Therefore, a Traffic Impact Analysis (TIA) is not required due to the properties being already developed.
PARKS AND PROPOSED TRAIL PLAN:
There are no proposed parks on this site. Parkland dedication, fees in lieu of, and parkland development fees will not be required, as the property is already developed.
Environmental Assessment:
The properties are in the Reese Creek Watershed. The properties are not in proximity to any regulated wetlands areas as identified on the National Wetlands Inventory maps. The properties are within Zone X of a FEMA regulated Special Flood Hazard Area (SFHA), per FEMA Flood Insurance Rate Map 48027C0260E with effective date September 26, 2008.
Public Notification:
Staff notified eighty-one (81) surrounding property owners regarding this request. Of those property owners notified, forty (40) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and thirty (30) live outside Killeen. As of the date of this staff report, staff has received one (1) written response in support of this request.
Staff Findings:
The subject properties have existing single-family, two-family, and multi-family residences, which are zoned “B-5” (Business District) and are considered legal non-conforming. The surrounding area includes a mix of developed residential and commercial uses as well as undeveloped commercial. Staff finds that the request is consistent with the recommendations of the Killeen 2022 Comprehensive Plan.
THE ALTERNATIVES CONSIDERED:
N/A.
Which alternative is recommended? Why?
N/A.
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 this City-initiated request to rezone the subject properties from
“B-5” (Business District) to “R-1” (Single-Family Residential District), “R-2” (Two-Family Residential District), and “R-3F” (Multifamily Residential District) as presented.
At their regular meeting on September 23, 2024, the Planning and Zoning Commission recommended approval of the request by a vote of 7 to 0.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Site Photos
Minutes
Ordinance
Responses
Considerations
Presentation