Title
HOLD a public hearing and consider an ordinance requested by Quintero Engineering, LLC on behalf of BCMB Properties, LLC (Case #Z22-50) to rezone Lot 4, Block 2, Stefek Trust Addition Phase Four from “B-5” (Business District) to “B-C-1” (General Business and Alcohol Sales District). The property is locally addressed as 601 Stefek Drive, Killeen, Texas.
Summary
DATE: December 6, 2022.
TO: Kent Cagle, City Manager.
FROM: Edwin Revell, Executive Director of Development Services.
SUBJECT: ZONING CASE #22-50: “B-5” (BUSINESS DISTRICT) TO “B-C-1” (GENERAL BUSINESS AND ALCOHOL SALES DISTRICT)
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: BCMB Properties, LLC
Agent: Quintero Engineering, LLC
Current Zoning: “B-5” (Business District)
Proposed Zoning: “B-C-1” (General Business and Alcohol Sales District)
Current FLUM Designation: ‘Regional Commercial’ (RC)
Summary of Request:
Quintero Engineering, LLC, on behalf of BCMB Properties, LLC, has submitted a request to rezone Lot 4, Block 2, Stefek Trust Addition Phase Four, from “B-5” (Business District) to “B-C-1” (General Business and Alcohol Sales District). If approved, the applicant intends to develop a sports bar on the property.
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.
Staff notes that the subject property is located within a designated Adult Oriented Business (AOB) area. Therefore, Adult Oriented Businesses (AOBs) are permitted by-right in this location. Examples of AOBs permitted in this location include adult cabarets, adult encounter parlors, and adult lounges, as defined in Killeen Code of Ordinances Sec. 31-551(1).
Zoning/Plat Case History:
The property was rezoned from “R-1” (Single-Family Residential District) to “B-5” (Business District) on September 23, 2014 via Ordinance No. 14-069. The property was platted as Stefek Trust Addition Phase Four, Block 2, Lot 4 on February 16, 2016.
Character of the Area:
North: Vacant commercial property zoned “B-5” (Business District)
South: Existing two-family homes zoned “R-2” (Two-Family Residential District)
East: Vacant commercial property zoned “B-5” (Business District)
West: Vacant commercial property zoned “B-5” (Business District)
Future Land Use Map Analysis:
This property is located within the ‘Neighborhood Infill’ area on the Growth Sector Map and is designated as ‘Regional Commercial’ (RC) on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
The ‘Regional Commercial’ (RC) place type include places that are auto-oriented, located near high-traffic intersections, such as regional businesses like retail, restaurants, gas stations, grocery stores, etc. This place type encourages most commercial developments and mixed-use such as many overs.
This ‘Neighborhood Infill’ growth sector includes already developed areas with access to city services and infrastructure but have vacant, underutilized, or poorly developed properties.
The request supports or furthers the following 2022 Comprehensive Plan recommendations:
§ LU1 - Use place types and complete neighborhoods as building blocks
§ NH4 - Build complete neighborhoods
This request may provide more entertainment options and may contribute to the sense of place, connectedness, and quality of life for residents. In addition, the Comprehensive Plan highlights the need for third places for gathering such as bars or places where people can interact.
Neighborhood Analysis:
This property is located within Killeen Development Zone #6 (Exhibit A). The current land use mix (Exhibit B) within this area comprises approximately 7% non-residential uses and 93% residential uses. The zoning districts within the area includes approximately 10% agricultural, 33% non-residential zoning districts and 57% residential zoning districts; this number excludes special districts such as conditional or special use permits and planned unit developments. ‘Regional Commercial’ promotes a use mix of up to 100% non-residential and 50% residential uses.
Water, Sewer and Drainage Services:
Provider: West Bell County WSC
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 Stefek Dr which is classified as a 60’ wide local street on the City of Killeen adopted Thoroughfare Plan. Staff estimates that there will be 795 trips per day with 80 peak hour trips generated 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 forty-eight (48) surrounding property owners regarding this request. Of those property owners notified, thirty-two (32) reside outside of the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by Council; and sixteen (16) reside outside of Killeen.
As of the date of this staff report, staff has received nine (9) written responses from a single property owner in support of 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; or
§ Approve the applicant’s request as presented.
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 November 7, 2022, the Planning and Zoning Commission recommended approval of the applicant’s request by a vote of 5 to 1. Commissioner Sabree voted in opposition due to personal reasons.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Exhibit
Maps
Site Photos
Responses
Minutes
Ordinance
Considerations