Title
HOLD a public hearing and consider an ordinance requested by John Gatz on behalf of Barbara Barker (Case #Z22-44) to rezone approximately 0.728 acres out of the Highland Tower Addition, Block 1, Lot 1, from “B-5” (Business District) to “B-5” (Business District) with a Conditional Use Permit (CUP) for a communication tower. The property is locally addressed as 225 Long Avenue, Killeen, Texas. (Requires ¾ Majority Vote)
Summary
DATE: November 1, 2022.
TO: Kent Cagle, City Manager.
FROM: Edwin Revell, Executive Director of Development Services.
SUBJECT: ZONING CASE #22-44: “B-5” (BUSINESS DISTRICT) TO “B-5” (BUSINESS DISTRICT) WITH A CONDITIONAL USE PERMIT (CUP) FOR A COMMUNICATION TOWER.
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Barbara Barker
Agent: John Gatz
Current Zoning: “B-5” (Business District)
Proposed Zoning: “B-5” (Business District) with a Conditional Use Permit (CUP) for a communication tower
Current FLUM Designation: ‘Regional Commercial’
Summary of Request:
John Gatz, on behalf of Barbara Barker, has submitted a request to rezone approximately 0.728 acres out of the Highland Tower Addition, Block 1, Lot 1, from “B-5” (Business District) to “B-5” (Business District) with a Conditional Use Permit (CUP) for a communication tower. If approved, the applicant intends to install a new 140 ft. monopine communication tower on a 60 ft. by 60 ft. Alta Tower lease area on the property.
Killeen Code of Ordinances Chapter 31 Compliance:
The proposed use falls under Killeen Code of Ordinances Sec. 31-603, which explains the tower regulations regarding location and limitations for towers that require a conditional use permit. Sec. 31-603(b) states that “Conditional use permits must be approved by the majority of the planning and zoning commission and then by the city council with a three-fourths affirmative vote. The city council may impose reasonable conditions and safeguards deemed appropriate to that application in order to protect the health, safety, and welfare of the public and protect property and property values.”
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 Highland Tower Addition, Lot 1, Block 1 on June 3, 2022.
Character of the Area:
North: Vacant commercial property zoned “B-5” (Business District)
South: Existing commercial businesses zoned “B-5” (Business District)
West: Vacant commercial property zoned “B-5” (Business District)
East: Existing legal non-conforming single-family homes zoned “B-3” (Local 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’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
The ‘Regional Commercial’ place type is auto oriented and includes regional businesses such as restaurants, gas stations, retail, etc. 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 ‘Neighborhood Infill’ area include areas that are already developed with access to City services and infrastructure but include vacant, underutilized, or poorly developed properties.
The request is consistent with the following Big Ideas of the 2022 Comprehensive Plan:
§ Resource stewardship and fiscally responsible growth ensure a more prosperous community for the long haul.
The Comprehensive Plan calls for managing development of land and capital investments (such as streets, utilities, and drainage) to ensure a more prosperous community for the long haul and similar to the need for these common resident services listed here, staff notes that there is a need for other types of utilities such as wireless services. So, staff finds that the proposed communication tower may provide the community with better or more reliable phone services in the vicinity.
Neighborhood Analysis:
This property is located within Killeen Development Zone #3 (Exhibit A) and is within the North Killeen Revitalization Area.
The current land use mix (Exhibit B) in this area comprises approximately 9% non-residential uses and 91% residential uses. The zoning districts within the area include approximately 48% non-residential zoning districts and 52% 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 South Gray Street and Long Avenue, which are classified as a 60’ wide Local Streets on the City of Killeen Thoroughfare Plan. Staff estimates that there will be no change in traffic generation 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 wetlands on or adjacent to the property as identified on the National Wetlands Inventory. .
Public Notification:
Staff notified thirty (30) surrounding property owners regarding this request. Of those property owners notified, nineteen (19) reside outside of the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by Council; and eight (8) reside outside of Killeen.
As of the date of this staff report, staff has received one (1) written response in opposition to this request. The opposition constitutes 32.7% of the 200-foot notification boundary, therefore, the request requires a ¾ majority vote.
In accordance with Texas Local Government Code Sec. 211.006(d), if a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the governing body. The protest must be written and signed by the owners of at least 20 percent of either:
1) the area of the lots or land covered by the proposed change; or
2) the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.
Staff Findings:
Please see the Future Land Use and Neighborhood Analysis section.
THE ALTERNATIVES CONSIDERED:
The City Council may:
• Disapprove the applicant’s CUP request;
• Approve the proposed CUP with conditions; or
• Approve the CUP as presented by the applicant.
Which alternative is recommended? Why?
Staff recommends approval of the request for “B-5” (Business District) with a Conditional Use Permit (CUP) for a communication tower, as described in the proposed site plan dated October 6, 2022 (Site Plan Exhibit - October 6, 2022, attached).
During the Planning and Zoning Commission regular meeting on October 3, 2022, staff recommended approval of the request with the following conditions:
1) That any drive aisles and maneuvering areas shall have an all-weather surface (asphalt or concrete) access to a public street;
2) That the tower shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to (a) disguise a much of the tower as possible from public view, (b) use site features as a background so that the new tower blends into the background with increased sight distances, and (c) to the degree technically feasible, locate the tower on a portion of the site that is effectively isolated from view of residential areas by structures or terrain features unless the tower and facility are integrated or act as an architectural element of the structure such as a flag pole or parking lot light or are effectively screened through installed landscaping or other acceptable screening;
3) That the site shall provide landscape screening including,
i) A row of shade trees a minimum of one inch (1”) diameter shall be planted around the screening device with a maximum spacing of twenty-five feet;
ii) A continuous hedge of one-gallon sized (minimal) evergreen ground cover shall be planted along the screening device;
iii) All landscaping shall be drought-resistant or irrigated and properly maintained to ensure good health and viability;
4) That the tower shall be lighted with low intensity lights to provide added visibility for aviation navigation;
5) That all back haul providers are identified and have all necessary approvals to operate as such, including holding necessary franchises, permits, and certificates; and
6) That all documents required under Sec. 31-609(a)(b), shall be submitted prior to issuance of a building permit (See attached exhibit);
Since that time, the applicant has submitted an updated Site Plan addressing all of the above conditions, as well as the Planning and Zoning Commission’s recommendation that the tower be camouflaged.
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 recommend approval of the applicant’s request for a Conditional Use Permit for a communication tower with the conditions recommended by staff, and with the added condition that the tower be camouflaged. This motion passed by a vote of 4 to 2 with Commissioners Gukeisen and Marquez in opposition. Those Commissioners in opposition supported staff’s recommendation and expressed concern that the condition requiring the tower to be camouflaged would impose additional cost on the applicant.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Exhibit
Maps
Site Photos
Site Plan
Tower Regulations
Response
Ordinance
Minutes
Considerations