Title
HOLD a public hearing and consider an ordinance requested by Quintero Engineering, LLC on behalf of CE & CP Construction, LLC (Case #Z22-47) to rezone approximately 0.55 acres out of the Bunny Trail Village, Block 2, Lots 28, 29, and 30, from “B-3” (Local Business District) to “RT-1” (Residential Townhouse Single-Family District). The properties are locally addressed as 3400, 3402, and 3404 Abraham Drive, Killeen, Texas.
Summary
DATE: November 1, 2022
TO: Kent Cagle, City Manager.
FROM: Edwin Revell, Executive Director of Development Services.
SUBJECT: ZONING CASE #Z22-47: “B-3” (LOCAL BUSINESS DISTRICT) TO “RT-1” (RESIDENTIAL TOWNHOUSE SINGLE-FAMILY DISTRICT).
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: CE & CP Construction, LLC
Agent: Quintero Engineering, LLC
Current Zoning: “B-3” (Local Business District)
Proposed Zoning: “RT-1” (Residential Townhouse Single-Family District)
Current FLUM Designation: ‘Residential Mix’
Summary of Request:
Quintero Engineering, LLC, on behalf of CE & CP Construction LLC, has submitted a request to rezone approximately 0.55 acres out of the Bunny Trail Village, Block 2, Lots 28, 29, and 30, from “B-3” (Local Business District) to “RT-1” (Residential Townhouse Single-Family District). If approved, the applicant intends to develop townhomes on the property.
Killeen Code of Ordinances Chapter 31 Compliance:
In accordance with Killeen Code of Ordinances Sec. 31-216, the "RT-1" zoning district is established to provide for the development of single-family attached dwelling units along with other uses which are associated with single-family uses e.g., schools, churches, parks, etc. This zoning district permits medium density residential uses, and it is a logical transition from nonresidential to residential zoning districts and encourages infill development where adequate public facilities already exist making use of developable lots.
Zoning/Plat Case History:
On August 19, 2019, the applicant requested to rezone 19.566 acres from “A-R1" (Agricultural Single-Family Residential) to “R-2” (Two-Family Residential District). At that time, several adjacent property owners spoke in opposition to the request. The Commission recommended approval of a mix of “R-1” (Single-Family Residential District) and “R-2” (Two-Family Residential District). However, the City Council ultimately approved “R-1” (Single-Family Residential District) zoning for the entire 19.566 acres on September 10, 2019 via Ordinance No. 19-41.
Concurrent with the rezoning request on August 19, 2019 a Future Land Use Map amendment request to change the subject property from ‘Suburban Residential’ (‘SR’) to ‘General Residential’ (‘GR’) was submitted. The FLUM amendment was approved by City Council on August 27, 2019 via Ordinance No. 19-038.
On October 5, 2020, the applicant requested to change 9.66 acres from “R-1” (Single-Family Residential District) to “R-2” (Two-Family Residential District). The Commission recommended approval of the request and the City Council ultimately disapproved the applicant’s request by a vote of seven (7) to zero (0) on October 27, 2020.
On May 3, 2021, the applicant requested to change approximately 5.15 acres from “R-1” (Single-Family Residential District) to “R-2” (Two-Family Residential District) and “B-3” (Local Business District). The Commission recommended approval of the request and the City Council approved the request via Ordinance No. 21-030.
A preliminary plat was approved by the Planning & Zoning Commission on January 6, 2020 for sixty-four (64) “R-1” single-family residential lots. The final plat for Bunny Trail Village was approved on October 4, 2021 for sixty-five (65) residential lots and three (3) commercial lots.
Character of the Area:
North: Existing single-family residence “R-1” (Single Family Residential District).
South: Existing Mobile Home Park zoned “R-MP” (Mobile Home and Travel Trailer Park District).
East: Existing two family residences “R-2” (Two Family Residential District)
West: Existing two family residences “R-2” (Two Family Residential District)
Future Land Use Map Analysis:
This property is located within the ‘Controlled Growth’ area on the Growth Sector Map and 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/streetgrid 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.
This ‘Controlled Growth’ sector includes areas in the city limits and approved Municipal Utility Districts (MUDs) that have access to city infrastructure in close proximity. Development proposed in this sector will be evaluated for adherence to the Big Ideas and Recommendations of the plan, particularly those related to housing and neighborhood options and improve the fiscal health and sustainability of Killeen.
The request is consistent with the following recommendations of the 2022 Comprehensive Plan:
§ LU1 - Use place types and complete neighborhoods as building blocks
§ NH3 - Diversifying housing mix (types and price points)
§ NH4 - Build complete neighborhoods
The proposed use is an example of providing for missing middle housing comprising a range of housing options at different price points other than detached single-family homes and apartment complexes which will contribute to diversifying housing stock. The added units will provide for a more robust tax base for the city without significantly increasing service costs or infrastructure liabilities. In addition, the Comprehensive Plan specifies that it is critical to provide new housing options when new developments are approved.
Neighborhood Analysis:
This property is located within Killeen Development Zone #5 (Exhibit A). The current land use mix (Exhibit B) within this area comprises approximately 3% non-residential uses and 97% residential uses. The zoning districts within the area includes approximately 20% agricultural uses, 18% non-residential zoning districts and 62% 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 lots is from Abraham Drive, which is classified as a 60’ wide Local Street on the City of Killeen Thoroughfare Plan. 3400 Abraham Dr. has frontage on Bunny Trail, but access to Arterials is prohibited if there is access to a Local Street. Staff estimates that there will be 21 trips per day 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 thirty-nine (39) surrounding property owners regarding this request. Of those property owners notified, twenty-one (21) reside outside of the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by Council; and nine (9) 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 Future Land Use and Neighborhood Analysis section.
THE ALTERNATIVES CONSIDERED:
The City Council may:
• Disapprove the applicant’s zoning request;
• Approve a more restrictive zoning district than requested; or
• Approve the zoning request as presented by the applicant.
Which alternative is recommended? Why?
Staff recommends approval of the applicant’s request for “RT-1” (Residential Townhouse Single-Family 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 October 3, 2022, the Planning and Zoning Commission recommended approval of the applicant’s request by a vote of 5 to 1 with Commissioner Gukeisen in opposition. Commissioner Gukeisen stated that the area should remain commercial.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Exhibit
Maps
Site Photos
Minutes
Ordinance
Considerations