TITLE
HOLD a public hearing and consider an ordinance requested by Oppidan Incorporated (c/o Jay Moore) on behalf of Noble E Central Killeen, TX L.L.C. (Case #Z20-23) to rezone Lot 4A, Block 1, Gander Mountain Addition, form “B-3” (Local Business District) to “B-4” (Business District). The property is addressed as 701 E. Central Texas Expressway, Killeen, Texas.
SUMMARY
DATE: December 1, 2020
TO: Kent Cagle, City Manager
FROM: Tony McIlwain, Exec. Dir. Of Planning and Development Services
SUBJECT: ZONING CASE #Z20-23 “B-3” (Local Business District) to “B-4” (Business District)
BACKGROUND AND FINDINGS:
Summary of Request
This request, submitted by Oppidan Incorporated (c/o Jay Moore) on behalf of Noble E Central Killeen TX, L.L.C. (Case #Z20-23), is to rezone Lot 4A, Block 1, Gander Mountain Addition from “B-3” (Local Business District) to “B-4” (Business District). The property is addressed as 701 E. Central Expressway, Killeen, Texas. Should the request be approved, the applicant intends to convert the property into a Camping World RV center.
“B-4” (Business District) Description:
A building or premises in the “B-4” (Business District) shall be used only for the following purposes:
1. Any use permitted in the “B-3” district.
2. Trailer rental and sales.
3. Auto sales. Where the major business is the showroom display and sale of new automobiles by an authorized dealer and sued car sales, repair work and storage facilities on the same premises shall be purely incidental; provided, that the area allowed for the repair and storage of cars shall not be nearer than twenty (20) feet from the required front line of the principal building.
4. Auto sales. Used cars; no salvage, dismantling or wrecking on premises; no display of vehicles in required front yard; junked vehicles must be places behind a screening device.
5. Commercial parking (public garage or parking lot).
6. Auto upholstery or muffler shop.
7. Auto repair (garage), with on-site junked vehicles being enclosed within a building.
8. Cold storage plant (locker rental).
9. Building material or lumber sales (no outside storage).
10. Cleaning, pressing and dyeing:
a. No direct exterior exhaust from cleaning plant permitted.
b. Dust must be controlled by either bad or filter and separator or precipitator so as to eliminate the exhausting of dust, odor, fumes or noise outside the plant.
11. Garden shop, greenhouse or nursery (retail).
12. Ballpark, stadium, athletic field (private).
13. Philanthropic institutions (not elsewhere listed).
14. Cabinet, upholstery, woodworking shop.
15. Plumbing, electrical, air conditioning service shop (no outside storage).
16. Trade or business school.
17. Garment manufacturing in a space of four thousand (4,000) square feet or less, with all loading and unloading off-street.
18. Halfway house.
19. Liquor stores to be operated under, and in accordance with, a valid Texas Alcoholic Beverage Commission issued package store permit
Zoning / Plat Case History:
§ The property was platted in 2015 and is identified as Lot 4A, Block 1, Gander Mountain Addition.
Character of the Area:
The surrounding area is made up of a mix of residential and commercial properties. Adjacent land uses are as follows:
§ To the north and west are existing single-family homes zoned “R-1” (Single-Family Residential).
§ To the east is existing commercial property zoned “B-3” (Business District).
§ To the south is East Central Texas Expressway and Interstate Highway 14.
Future Land Use Map Analysis:
This property is designated as ‘General Commercial’ (GC) on the Future Land Use Map (FLUM) of the Comprehensive Plan. The ‘General Commercial’ (GC) designation encompasses a range of commercial retail and service uses, at varying scales and intensities depending on the site. Characteristics of this designation are auto-oriented character, which can be offset by enhanced building design, landscaping, reduced site coverage and well-designated signage.
The ‘General Commercial’ (GC) designation encourages the following development types:
§ Wide range of commercial retail and service uses, at varying scales and intensities depending on the site
§ Office (both large and/or multi-story buildings and small-scale office uses depending on the site)
§ Public/institutional
§ Parks and public spaces
The zoning request is consistent with the Comprehensive Plan.
Water, Sewer and Drainage Services
Water, sanitary sewer and drainage utility service is located within the City of Killeen utility service area and available to the subject tract.
Transportation and Thoroughfare Plan:
Ingress and egress to the development is via E. Central Texas Expressway, which is designated as a 70’ Collector on the City of Killeen adopted Thoroughfare Plan. This proposed redevelopment will replace the vacant former Gander Mountain.
Public Notification:
Staff notified sixty-four (64) surrounding property owners regarding this request. As of the date of this staff report, five (5) responses have been received in opposition of this request. Twelve (12) property owners reside outside of Killeen. Thirty-six (36) of the sixty-four (64) notified are outside of the 200-foot notification boundary required by the State but within the 400-foot notification boundary required by Council.
Staff Findings:
Staff finds that the proposed use is consistent with the surrounding property uses and is compatible with the existing land uses and prevailing community character. If approved, approximately 4.807 acres of land would be rezoned.
THE ALTERNATIVES CONSIDERED:
The City Council has two (2) alternatives. The Council may:
§ Disapprove of the applicant’s “B-4” request; or
§ Approve of the applicant’s “B-4” request.
Which alternative is recommended? Staff recommends approval of the applicant’s request as presented.
Why? The applicant’s request is consistent with the Future Land Use Map (FLUM). Further, the applicant’s proposed zoning is consistent with the surrounding property uses and is consistent and compatible with the existing land uses and prevailing community character.
CONFORMITY TO CITY POLICY:
This zoning request conforms to the City’s policy and procedures, as detailed in Chapter 31 of the City of 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:
The Planning & Zoning Commission, by a vote of 4 to 3, with Commissioners Ploeckelmann, Gukeisen and Hodges in opposition, recommended approval of the applicant's request to rezone the property from “B-3” (Local Business District) to “B-4” (Business District).
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Minutes
Ordinance
Considerations
Responses