Title
HOLD a public hearing and consider an ordinance requested by Joel Davis on behalf of JTERRIS, LLC (Case #Z22-55), to rezone Lot PT G, H, Block 1, Simmons 1st, from “R-1” (Single-Family Residential District) to “R-3F” (Multifamily Residential District). The property is locally addressed as 519 53rd Street, Killeen, Texas.
Summary
DATE: January 17, 2023
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: ZONING CASE #22-55: “R-1” (SINGLE-FAMILY RESIDENTIAL DISTRICT) TO “R-3F” (MULTIFAMILY RESIDENTIAL DISTRICT)
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: JTERRIS, LLC
Agent: Joel Davis
Current Zoning: “R-1” (Single-Family Residential District)
Proposed Zoning: “R-3F” (Multifamily Residential District)
Current FLUM Designation: ‘Residential Mix’
Summary of Request:
Joel Davis, on behalf of JTERRIS, LLC, has submitted a request to rezone Lot PT G, H, Block 1, Simmons 1st from “R-1” (Single-Family Residential District) to “R-3F” (Multifamily Residential District). If approved, the applicant intends to retain the existing 4-plex on the property. The purpose of this request is to obtain financing and insurance for the property, and to ensure that the existing structure may be rebuilt in the event of a disaster.
Killeen Code of Ordinances Chapter 31 Compliance:
In accordance with Killeen Code of Ordinances Sec. 31-255.1(a), multifamily structures containing three (3) or four (4) separate dwelling units are allowed by right in the “R-3F” (Multi-Family Residential) zoning district. The current structure is currently considered a legal non-conforming use, which is subject to Killeen Code of Ordinances Sec. 31-51. The intent of this request is to bring the existing structure into conformance with the zoning ordinance.
Zoning/Plat Case History:
Staff was unable to determine the date of rezoning. The property was platted as part of the JR Simmons Subdivision on August 1, 1946.
Character of the Area:
North: Existing two-family home zoned “R-3” (Multifamily Residential District)
South: Existing commercial business zoned “M-1” (Manufacturing District)
West: Existing single-family homes zoned “R-1” (Single-Family Residential District)
East: Existing single-family and two-family homes zoned “R-1” (Single-Family Residential District) and “R-2” (Two-Family Residential District)
Future Land Use Map Analysis:
This property is located within the ‘Neighborhood Infill’ area on the Growth Sector Map and is designated as ‘Residential Mix’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
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.
The ‘Neighborhood Infill’ area include areas already developed and have access to city services and infrastructure, but have vacant, underutilized, or poorly developed properties.
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
§ NH7 - Shift the market to include existing housing
LU3.2 recommends rezoning properties in areas which need revitalization to more flexible zoning districts. 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 housing types.
Neighborhood Analysis:
This property is located within Killeen Development Zone #2 (Exhibit A). 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 33% non-residential zoning districts and 67% residential zoning districts; this number excludes special districts such as conditional or special use permits and planned unit developments. ‘Residential Mix’ promotes a use mix of up to 25% non-residential and 95% residential uses.
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 53rd Street which is classified as a 60-foot wide local street on the City of Killeen adopted Thoroughfare Plan. Staff estimates that there will be 29 trips generated on a daily basis with 2 peak hour trip and has determined that a Traffic Impact Analysis is not required for the proposed land use.
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 sixty-six (66) surrounding property owners regarding this request. Of those property owners notified, thirty-one (31) reside outside of the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by Council; and twenty-five (25) 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 the Future Land Use and Neighborhood Analysis section.
THE ALTERNATIVES CONSIDERED:
The City Council may:
§ Disapprove the applicant’s request;
§ Approve a more restrictive zoning district; or
§ Approve the applicant’s request as presented.
Which alternative is recommended? Why?
Staff recommends approval of the applicant’s request for “R-3F” (Multifamily Residential District).
Staff finds the request 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 December 5, 2022, the Planning and Zoning Commission recommended approval of the applicant’s request by a vote of 7 to 0.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Exhibit
Maps
Site Photos
Minutes
Ordinances
Considerations