Legislation Details

File #: PH-26-036    Version: 1 Name: Z26-18
Type: Ordinance/Public Hearing Status: Public Hearings
File created: 9/4/2026 In control: City Council
On agenda: 10/8/2026 Final action:
Title: Hold a public hearing and consider an ordinance submitted by John T. Haun, on behalf of BKR Holdings LLC & MODOC Salons, LLC, (Case# Z26-18) to rezone approximately 0.67 of an acre out of Lot 2B, Block 006, of the W. S. S. Addition from “B-3” (Local Business District) to “R-3A” (Multifamily Apartment Residential District). The subject property is locally addressed as 1002 Medical Drive, Killeen, Texas.
Sponsors: Development Services
Attachments: 1. Maps, 2. Site Photos, 3. Ordinance, 4. Minutes, 5. Letter of Request, 6. Site Plan, 7. Responses, 8. Presentation
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Title                     

 

Hold a public hearing and consider an ordinance submitted by John T. Haun, on behalf of BKR Holdings LLC & MODOC Salons, LLC, (Case# Z26-18) to rezone approximately 0.67 of an acre out of Lot 2B, Block 006, of the W. S. S. Addition from “B-3” (Local Business District) to “R-3A” (Multifamily Apartment Residential District). The subject property is locally addressed as 1002 Medical Drive, Killeen, Texas.

 

Body

 

DATE:                     October 8, 2026

 

TO:                     Kent Cagle, Interim City Manager

 

FROM:                     Wallis Meshier, Executive Director of Development Services

 

SUBJECT:                     Case # Z26-18: “B-3” to “R-3A”

 

BACKGROUND AND FINDINGS:

 

Property Information:

 

Property Owner: BKR Holdings LLC & MODOC Salons LLC

Agent: John T. Haun / Armor of God Outreach

Current Zoning: “B-3” (Local Business District)

Proposed Zoning: “R-3A” (Multifamily Apartment Residential District)

FLUM Designation: ‘Regional Commercial’ (RC)

Growth Sector Designation: ‘Neighborhood Infill’ (NI)

 

 

Summary of Request:

 

The applicant is requesting to rezone the subject property from “B-3” (Local Business District) to “R-3A” (Multifamily Apartment Residential District) to allow for the operation of a homeless shelter. The applicant provided a letter with their request describing the proposed faith-based shelter and restoration facility; that letter is attached to this report. Chapter 31 of the Killeen Code of Ordinances defines three different types of shelters - Emergency Shelter, Transitional Housing, and Permanent Supportive Housing. The proposed shelter would be classified as an emergency shelter for persons experiencing homelessness, defined as “A supervised private facility that provides temporary living accommodations for persons experiencing homelessness.” An emergency shelter is a permitted use only in the “R-3A” (Multifamily Apartment Residential District) zoning district, per Ordinance 22-052, which was adopted by Council on July 12, 2022.

 

 

Zoning/Plat Case History:

 

The property was annexed into the City of Killeen on May 25, 1959. In August 23, 1971, the property was rezoned from “R-1” (Single Family Residential District) to “B-3” (Business District) through Ordinance No. 71-43. The property is platted as Lot 2B, Block 6, W S. S. Addition.

 

 

Character of the Area:

 

Surrounding Land Use and Zoning:

 

North:                      Developed residential property zoned “R-1” (Single Family Residential District)

South:                      Developed commercial property zoned “B-3” (Local Business District) and “B-5” (Business District)

East:                      Developed commercial property zoned “B-3” (Local Business District)

West:                     Developed commercial property zoned “B-3” (Local Business District)

 

 

Future Land Use Map Analysis:

 

The property is located within the ‘Neighborhood Infill’ (NI) area on the Growth Sector Map and designated as ‘Regional Commercial’ (RC) on the Future Land Use Map (FLUM) of the Killeen 2040 Comprehensive Plan. 

 

The ‘Neighborhood Infill’ area on the Growth Sector Map includes areas of the city that are already developed and have access to city services and infrastructure, but have vacant, underutilized, or poorly developed properties. Growth policies for this sector should encourage development or redevelopment of these properties with accessory dwelling units, smallplexes, and micro commercial that provides incremental increases in density. Development should match the existing character and improve walkable access to businesses and amenities for people living and working in the vicinity.

 

These ‘Regional Commercial’ places are first identified by their principal focus on auto-oriented traffic. Logically placed near high-traffic intersections, these spaces bring people from many surrounding neighborhoods. Typical uses will include regional businesses including but not limited to restaurants, grocery stores, banks, retail, gas stations, and offices. This place type encourages small-scale, neighborhood-scale, regional, and industrial development. This place type encourages one hundred percent (100%) nonresidential and up to fifty percent (50%) residential use. This designation may not support multifamily zoning as a standalone use, but does encourage the concept of mixed-use “multifamily over commercial” development.

 

The request supports the following Comprehensive Plan recommendations:

 

§                     NH7 - Focus on delivering housing for those in need.

 

The Killeen 2040 Comprehensive Plan promotes incremental redevelopment of properties that can add to a widespread improvement.  Additionally, staff finds that the proposed rezoning is consistent with the surrounding area, which consists mostly of commercial properties and some residential properties.

 

Development Zone Analysis:

 

These properties are located within the City of Killeen Development Zone #2, which is generally situated north of Veterans Memorial Boulevard and east of WS Young Drive. This development zone consists of approximately 67.53% residential uses and 32.47% commercial uses. Overall, the current land use mix in the surrounding area includes approximately 88.35 acres (1.96%) of Special Districts, 2,960.10 acres (65.57%) of Residential, 990.19 acres (21.93%) of Industrial, 467.44 acres (10.35%) of Commercial, and 8.15 acres (0.18%) of Agricultural uses, for a total of approximately 4,514.24 acres. In addition, vacant land accounts for approximately 1,729.44 acres, or 38.31% of the area.

 

 

Water, Sewer and Drainage Services:

 

Provider: City of Killeen

Within Service Area: Yes

 

Feasibility Study or Service Commitment: Water, wastewater, and drainage services are located

within the City of Killeen municipal utility service area and are available to the subject tract. 

 

Water services are available for the tract via an existing 8” water distribution main located in the right-of-way of Medical Dr. 

 

Wastewater services are available for the tract via an existing 8” wastewater main located in the right-of-way of Medical Dr. 

 

No existing storm sewer infrastructure is adjacent to the tract.

 

 

Transportation and Thoroughfare Plan:

 

Access to the property is via Medical Drive, which is a 70-foot-wide right-of-way and is classified as a local street in the currently adopted Comprehensive Plan.

 

The current zoning classification for the tract is “B-3” (Local Business District). The proposed zoning classification under this proposed zoning reclassification is “R-3A”. The proposed use of the tract is an “Emergency Shelter and Restoration Facility”. No increase in traffic is anticipated as a result of the proposed zoning change.

 

If the conditions or assumptions used in the development of the current Traffic Impact Determination change, a revised determination may be warranted at that time. 

 

 

Environmental Assessment:

 

The tract is in the Nolan Creek / Leon River Watershed.  The tract is located in Zone X Unshaded (0.2% Annual Chance Flood Hazard Area), per Federal Emergency Management Agency Flood Insurance Rate Map 48027C0280E with effective date September 26, 2008. 

 

The tract is not impacted by freshwater ponds, freshwater forested/shrub wetlands, freshwater emergent wetlands, or riverine habitats as shown on the National Wetlands Inventory maps for the property. 

 

Public Notification:

 

Staff notified property owners of forty-eight (48) surrounding properties regarding this request.

 

As of the date of this staff report, staff has received eight (8) responses in opposition and one (1) in support of this request. 

 

Staff Findings:

 

Staff finds that the requested rezoning is consistent with the Future Land Use Map and the Killeen 2040 Comprehensive Plan.

 

 

THE ALTERNATIVES CONSIDERED:

 

The City Council has three (3) alternatives:

1.                     Approve the applicant’s request to rezone the property from  “B-3” (Local Business District) to “R-3A” (Multifamily Apartment Residential District);

2.                     Approve a Conditional Use Permit (CUP) and attach appropriate conditions related to use of the property as an emergency shelter; or

     3.   Deny the request.

 

Which alternative is recommended? Why?

 

Staff recommends that the Council approve rezoning the subject property from “B-3” (Local Business District) to “R-3A” (Multifamily Apartment Residential District) with a Conditional Use Permit (CUP).

 

 

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. Public infrastructure is already in place and is maintained by the City.  Maintenance costs will continue for the life of the development.

 

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:

 

Staff recommends that the Council approve rezoning the subject property from “B-3” (Local Business District) to “R-3A” (Multifamily Apartment Residential District) with a Conditional Use Permit (CUP), subject to the following conditions:

 

1.                     That indoor accommodations for people receiving shelter at the facility will be available 24 hours/day, 365 days/year.

2.                     That the facility will be staffed 24 hours/day, 365 days/year, and that shelter staff will be on premises at all times to supervise and provide services.

3.                     That the facility will have at least one (1) part-time Licensed Social Worker on staff.

4.                     That the wooden fence along Diane Drive will be replaced with a solid screening device in compliance with Killeen Code of Ordinances Sec. 31-280 prior to issuance of a Certificate of Occupancy.

5.                     That the Conditional Use Permit (CUP) may expire or be repealed in accordance with the terms listed in Killeen Code of Ordinances Chapter 31, Section 31-456.

 

At their regular meeting on September 14, 2026, the Planning and Zoning Commission recommended approval of a Conditional Use Permit (CUP), subject to the following conditions:

 

1.                     Allowing the use of the building at 1002 Medical Drive for an emergency shelter.

2.                     Requiring indoor accommodations for people receiving shelter to be available at all times.

3.                     Requiring shelter staff to be on the premises at all times to supervise and provide services.

4.                     Requiring replacement of the wooden fence along Diane Dr with solid screening in compliance with Chapter 31, Section 31-280.

5.                     This Conditional Use Permit may expire or be repealed in accordance with the terms listed in Killeen Code of Ordinances Chapter 31, Section 31-456(c)(3).

6.                     Violations of any conditions imposed by this ordinance or any other requirements of the City of Killeen Code of Ordinances may result in revocation of this Conditional Use Permit by City Council.

 

The motion passed by a vote of 4 to 2, with Commissioners Rowe and O’Brien in opposition.  Commissioner Rowe and O’Brien stated they were concerned about the security of the proposed shelter and how the development could negatively impact the neighborhood.

 

During the public hearing portion of the meeting, eight (8) people spoke, including five (5) in opposition and three (3) in support.

 

 

DEPARTMENTAL CLEARANCES:

 

The Planning and Legal staff have reviewed this item.

 

 

ATTACHED SUPPORTING DOCUMENTS:

 

Maps

Site Photos

Ordinance

Minutes

Letter of Request

Site Plan

Responses

Presentation