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File #: PH-22-052    Version: 1 Name: Zoning 22-27
Type: Ordinance/Public Hearing Status: Passed
File created: 4/28/2022 In control: City Council
On agenda: 7/12/2022 Final action: 7/12/2022
Title: HOLD a public hearing and consider an ordinance requested by Turley & Associates Inc, on behalf of Randall Brown Inherited IRA, LLC (Case #Z22-27), to rezone approximately 0.277 acres out of the OakHill Heights Survey, Block 5, Lot 1 from "R-1" (Single-Family Residential District) to "SF-2" (Single-Family Residential District). The property is locally addressed as 501 Conder Street, Killeen, Texas.
Sponsors: Development Services
Attachments: 1. Maps, 2. Site Photos, 3. Minutes, 4. Ordinance, 5. Letter of Request, 6. Responses, 7. Considerations, 8. Presentation

Title

 

HOLD a public hearing and consider an ordinance requested by Turley & Associates Inc, on behalf of Randall Brown Inherited IRA, LLC (Case #Z22-27), to rezone approximately 0.277 acres out of the OakHill Heights Survey, Block 5, Lot 1 from “R-1” (Single-Family Residential District) to “SF-2” (Single-Family Residential District). The property is locally addressed as 501 Conder Street, Killeen, Texas.

 

Summary

 

DATE:                     July 05, 2022                     

 

TO:                     Kent Cagle, City Manager.                     

 

FROM:                     Edwin Revell, Executive Director of Development Services.                     

 

SUBJECT:                     ZONING CASE #Z22-27: “R-1” to “ SF-2”                     

 

BACKGROUND AND FINDINGS:

 

Property Information:

 

Property Owner: Randall Brown Inherited IRA, LLC

Agent:  Turley & Associates, Inc

Current Zoning: “R-1” (Single-Family Residential District)

Requested Zoning: “SF-2” (Single-Family Residential District)

Current FLUM Designation: ‘Neighborhood Conservation’ (NC)

 

Summary of Request:

 

Turley & Associates, Inc, on behalf of Randall Brown Inherited IRA, LLC, has submitted a request to rezone being approximately 0.277 acres out of the Oakhill Heights Survey, Block 5, Lot 1 from “R-1” (Single-Family Residential District) to “SF-2” (Single-Family Residential District).  If approved, the applicant intends to develop two (2) single-family homes on the property.

 

Zoning/Plat Case History:

 

The subject property is currently zoned “R-1” (Single-Family Residential District).  Staff is unable to determine the exact date of zoning.  The property was platted as Oakhill Heights, Block 5, Lot 1 on March 7, 1956.

 

Character of the Area:

 

North: Existing commercial property zoned “B-5” (Business District)

South: Existing single-family residential home zoned “R-1” (Single-Family Residential District)

East: Conder Park zoned “R-1” (Single-Family Residential District)

West: Existing single-family residential home zoned “R-1” (Single-Family Residential District)

 

Future Land Use Map Analysis:

 

This property is designated as ‘Neighborhood Conservation’ (NC) on the Future Land Use Map (FLUM) of the Comprehensive Plan.

 

The ‘Neighborhood Conservation’ (NC) designation encourages the following development types:

§                     Detached residential dwellings

§                     Public/institutional; and

§                     Parks and public spaces.

 

The request to rezone the property from “R-1” (Single-Family Residential District) to “SF-2” (Single-Family Residential District) is consistent with the Future Land Use Map (FLUM) of the Comprehensive Plan.

 

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:

 

There is an existing ingress and egress from Conder Street and Oak Hill Drive which are classified as a 60’ wide local streets on the City of Killeen adopted Thoroughfare Plan.

 

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 thirty-seven (37) surrounding property owners regarding this request.  Of those property owners notified, fifteen (15) resides 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 the city limits of Killeen.  As of the date of this staff report, one (1) written response in opposition have been received regarding this request. 

 

Staff Findings:

 

The ‘Neighborhood Conservation’ (NC) designation promotes the integrity of older, intact neighborhoods, ensures no significant change in the development type or pattern, and reinforce existing physical conditions.  It is designed to preserve existing housing stock (and avoid excessive nonconformities and variance requests), and also to govern periodic infill and/or redevelopment activity within a neighborhood to ensure compatibility.

 

The current zoning of the subject property is “R-1” (Single-Family Residential District).  The surrounding area includes an existing single-family homes, park, and open space. 

 

THE ALTERNATIVES CONSIDERED:

 

The City Council has three (3) alternatives.  The Council may:

§                     Disapprove the applicant’s zoning request;

§                     Approve a more restrictive zoning district than requested; or

§                     Approve the applicant’s zoning request as presented.

 

Which alternative is recommended? Why?

 

Staff recommends approval of the applicant’s request to rezone the property from “R-1” (Single-Family Residential District) to “SF-2” (Single-Family Residential District) as presented.  Staff is of the determination that the request is consistent with the Neighborhood Conservation designation which is designed to preserve existing housing stock and allows for periodic infill and/or redevelopment activity within a neighborhood to ensure compatibility. 

 

In addition, staff finds that the request is compatible with the surrounding land uses and consistent with the prevailing community character. The character of the area includes existing single-family homes, park, and open space.

 

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.  However, subsequent development and dedication of public infrastructure will involve the expenditure of maintenance funds over the life cycle of future 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:

 

Commissioner Ploeckelmann made a motion to recommend approval of the request as presented.  Commissioner Minor seconded, and the motion passed by a vote of 4 to 1 with Commissioner Gukeisen in opposition.  Commissioner Gukeisen noted concerns regarding the lack of on-street parking on Oakhill Drive.

 

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

Considerations