Title
Hold a public hearing and consider an ordinance requested by Republic Engineering & Development Services on behalf of 5011CunninghamRd Killeen, LLC (Case# Z25-04) to rezone approximately 22.91 acres out of the T. Cunningham Survey, Abstract No. 199, being Lots 71-74 out of Llewelyn Estates #3 (unrecorded subdivision), from “A” (Agricultural District) and “R-1” (Single-Family Residential District) to Planned Unit Development (PUD) with “SF-2” (Single-Family Residential District) and “RT-1” (Residential Townhouse Single-Family District) uses. The subject property is locally addressed as 5011 Cunningham Road, Killeen, Texas. (Requires a ¾ majority vote).
Body
DATE: April 1, 2025
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Executive Director of Development Services
SUBJECT: Zoning Case # Z25-04: “A” and “R-1” to PUD w/“SF-2” and “RT-1”
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: 5011CunninghamRd Killeen, LLC
Agent: Republic Engineering
Current Zoning: “A” (Agricultural District) & “R-1” (Single-Family Residential District)
Proposed Zoning: Planned Unit Development (PUD) w/“SF-2” (Single-Family Residential
District) and “RT-1” (Residential Townhouse Single-Family District)
FLUM Designation: ‘Residential Mix’ (RM)
Growth Sector Designation: ‘Controlled Growth’
Summary of Request:
Republic Engineering & Development Services, on behalf of 5011CunninghamRd Killeen, LLC, has submitted a request to rezone approximately 22.91 acres, located at 5011 Cunningham Road, from “A” (Agricultural District) and “R-1” (Single-Family Residential District) to Planned Unit Development (PUD) with “SF-2” (Single-Family Residential District) and “RT-1” (Residential Townhouse Single-Family District) uses. If approved, the applicant intends to develop twenty-five (25) townhomes and fifty-five (55) single-family units for a total of eighty (80) units on a single lot in accordance with the attached PUD Concept Plan. The proposed development is intended as a Build-to-Rent community. All streets within the proposed development will be private and maintained by the property owner. The proposed development includes a total of 14.2 acres of common open space. Primary access to the proposed development is via Cunningham Road, with a secondary means of ingress/egress via Love Spur for emergency vehicles only. The applicant has proposed PUD development standards, which are detailed in the attached PUD Features and Regulations document.
The requested deviations from the City of Killeen’s zoning district regulations are as follows:
Requirements for Cunningham PUD
1. RT-1 (Residential Townhouse Single-Family District)
• No lot or yard requirements.
• Visitor parking allowed on adjacent private streets.
• Rear-loaded townhouse units, with the front facing the interior of the block.
• Setback Requirements:
§ Front yard: Minimum of 50 feet between facing townhouse groups.
§ Rear yard: Minimum of 20 feet from back-of-curb or edge-of-pavement of a private street.
§ Side yard: Minimum of 15 feet between townhouse groups or between a townhouse and a private street.
2. SF-2 (Single-Family District)
• No lot or yard requirements.
• Visitor parking allowed on adjacent private streets.
• Rear-loaded single-family homes, with the front facing the interior of the block.
• Setback Requirements:
§ Front yard: Minimum of 50 feet between facing single-family units.
§ Rear yard: Minimum of 20 feet from back-of-curb or edge-of-pavement of a private street.
§ Side yard: Minimum of 15 feet between single-family units or between a unit and a private street.
• Front Yards (Optional)
§ May be maintained by the owner/tenant.
§ Fences must be non-privacy type (wrought iron, picket, etc.) and no more than 4 feet tall.
§ Defined boundaries for front yards depending on adjacency (open space, other homes, streets).
Key Differences from RT-1 and SF-2 Residential Development
1. Elimination of Lot & Yard Requirements
• Unlike typical residential developments, the PUD does not impose standard lot size or setback rules, allowing for more flexible land use.
2. Rear-Loaded Units
• Instead of front-facing garages, all townhouses and single-family homes must have rear-access garages, enhancing the community's visual appeal.
3. Different Setback Requirements
4. Traditional zoning typically mandates front, rear, and side yards per lot. This PUD removes lot requirements and imposes group-based setbacks, prioritizing overall spacing rather than individual lot lines.
5. Parking Flexibility
• Visitor parking is permitted on all private streets rather than restricted to designated on-site parking spaces.
• All streets and greenspaces are private and will be maintained by the property owner.
6. Modified Landscaping & Tree Placement
• No street trees are to be planted along the private road. Instead, trees are to be planted within the interior open spaces.
• Trees planted in open spaces do not have to be in any sort of proximity of the unit that the tree is credited to.
• Trees to be planted shall be a minimum of one and one-half (1 ½) inches in caliper measured four (4) feet from the ground surface, and a minimum of six
(6) feet in height.
• All hardwood trees retained shall be credited towards the open space tree requirement on an inch-per-inch basis.
• Overall tree count for the development will total 160 trees (not including possible Cunningham Buffer trees).
• 55 trees - One (1) tree per SF-2 unit in private front yard front yard. (Landscaping Requirements)
• 25 trees - One (1) tree per RT-1 unit in the open space between townhouse groups. (Landscaping Requirements)
• 80 trees - One (1) tree per unit in interior open spaces.
7. Alternative Open Space & Sidewalk Requirements:
• No dedicated parks; instead, the developer will pay fees in lieu of parkland dedication.
• Sidewalks are required within open spaces rather than alongside private streets.
• The applicant has calculated that approximately 14.2 acres will be common open space (62% of property area).
8. Perimeter Buffers & Fencing:
• A 20-foot perimeter buffer is mandated, prohibiting construction within that zone.
• Cunningham Road frontage must have either a landscaping buffer with canopy trees or a masonry wall.
9. Architectural & Elevation Repetition Rules:
• House designs must repeat every 5th unit or every 3rd unit on opposite sides of the street, ensuring variation in appearance.
• All single-family structures within the “PUD” must comply with the architectural standards outlined in Chapter 31, Article VI, Division 1, Single-Family and Two-Family Residential Design Standards, as applicable at the time of this ordinance.
Zoning/Plat Case History:
The eastern portion of the subject property was annexed into the City limits on December 23, 1986. The property was subsequently rezoned from “A” (Agricultural District) to “R-1” (Single- Family Residential District). The western portion of the property was annexed into the City limits on January 13, 2008. The property was subsequently zoned “A” (Agricultural District).
Character of the Area:
North: Existing large lot single-family residential zoned “R-1” (Single-Family Residential District)
South: Existing single-family residential zoned “R-1” (Single-Family Residential District)
East: Existing single-family residential zoned “R-1” (Single-Family Residential District)
West: Existing large lot single-family residential zoned “A” (Agricultural District)
Future Land Use Map Analysis:
The subject property is located within the ‘Controlled Growth’ area on the Growth Sector Map and is designated as ‘Residential Mix’ (RM) on the Future Land Use Map (FLUM) of the City of Killeen Comprehensive Plan.
The ‘Residential Mix’ place type creates neighborhoods built with a traditional walkable block/street grid 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 place type encourages a twenty-five percent (25%) nonresidential and ninety-five percent (95%) residential use mix.
The ‘Controlled Growth’ 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 Big Ideas of the Killeen 2040 Comprehensive Plan:
1. Resource stewardship and fiscally responsible growth ensure a more prosperous community for the long haul.
5. Neighborhoods, not subdivisions, make great places for everyone.
The request supports or furthers the following Comprehensive Plan recommendations:
§ LU3 - Encourage incremental evolution of neighborhoods.
§ NH3 - Diversity housing mix (types and price points).
Staff finds that the applicant’s request is consistent with the Killeen 2040 Comprehensive Plan.
Development Zone Analysis:
These properties are located within the City of Killeen Development Zone #6. This development zone is between Stagecoach Road and Central Texas Expressway, east of Fort Hood Street. This development zone consists of 65.76% residential uses and 34.24% commercial uses.
The current land use mix within this area comprises of the following acreages and percentages approximately:
District Acres Percentage
Special Districts 150.77 3.52%
Residential 2666.93 62.25%
Industrial 102.99 2.40%
Commercial 1312.54 30.63%
Agricultural 51.34 1.20%
Totals 4284.56 100.00%
Vacant Land 1175.75 27.44%
Water, Sewer and Drainage Services:
Existing Conditions - Water, Sewer, and Drainage Service
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 tracts.
Water services are available via an existing 8” water line and 16” transmission main located on Cunningham Road. The property is on the boundary between the Upper and Lower Pressure Planes.
Wastewater service is not currently available along the Cunningham Road frontage of the property.
However, an existing 8” wastewater main is on Cunningham Road and terminates at the property to the north of the subject tract. An additional existing 6” wastewater main is in Cunningham Road to the south of the property. A new wastewater main will need to be extended along Cunningham Road to provide service. The capacity of the existing system will need to be evaluated prior to adding additional wastewater contributions.
Storm sewer infrastructure is available to serve the property on the east side of Cunningham Road and consists of several storm sewer inlets of unknown type connected by runs of existing 18” reinforced concrete pipe. The capacity of the existing system will need to be evaluated prior to use.
Transportation and Thoroughfare Plan:
Access to the property is via Cunningham Road (70-foot-wide ROW) and Love Spur (55-foot-wide ROW). Cunningham Road is identified as a Minor Arterial by the adopted Comprehensive Plan. Love Spur is currently serving as a paved access road for a single residential structure and will need to be upgraded if Love Spur is to be used in conjunction with this development.
Based on the proposed PUD Concept Plan and information contained in the 10th Edition of the ITA Trip Generation documents, the proposed use will generate approximately 770 average daily trips. The change in the number of average daily trips is below the City of Killeen’s criteria for requirement of an individual Traffic Impact Analysis (TIA). Therefore, an individual TIA is not currently required.
PARKS AND PROPOSED TRAIL PLAN:
There are no proposed parks or trails located on this site. The developer anticipates that the subject property will yield approximately eighty (80) single-family units, including twenty-five (25) townhomes and fifty-five (55) single-family homes. Based on this number, the parkland dedication requirements would be as follows:
§ Parkland Dedication: 1.196 acres
§ Fees-In-Lieu of Parkland Dedication: $ 60,000
§ Park Development Fees: $ 36,000
§ Total Park Fees: $96,000
Environmental Assessment:
The property is in the Stillhouse Hollow Lake / Lampasas River Watershed. It is located in Zone X (Area of Minimal Flood Risk), per FEMA Flood Insurance Rate Map 48027C0290E, with an effective date of September 26, 2008. An existing freshwater pond is located along the property's northern boundary as shown on the National Wetlands Inventory maps for this property.
Public Notification:
Staff notified owners of one hundred two (102) surrounding properties. Of those property owners notified, fifty-six (56) reside outside the 200-foot notification boundary required by the State but within the 400-foot notification boundary required by the Council, and fourteen (14) live outside of the City of Killeen corporate limits. To date, staff has received twenty-three (23) written response in opposition to this request, which constitutes approximately 49% of the property within the 200-foot notification boundary.
Staff Findings:
The subject property is currently zoned as “A” (Agricultural District) and “R-1” (Single-Family Residential District). The surrounding area features various residential uses, including standard single-family lots, existing large-lot single-family homes, and undeveloped property.
Staff finds that the applicant’s request is consistent with the recommendations of the Killeen 2040 Comprehensive Plan.
THE ALTERNATIVES CONSIDERED:
The City Council has three (3) alternatives:
§ Approve the applicant’s PUD request as presented; or
§ Approve the applicant’s PUD request with conditions; or
§ Disapprove the applicant’s PUD request.
Which alternative is recommended? Why?
Staff recommends approval of the applicant’s request to rezone the property from “A” (Agricultural District) and “R-1" (Single-Family Residential District) to Planned Unit Development (PUD) with “SF-2” (Single-Family Residential District) and “RT-1” (Residential Townhouse Single-Family District) uses as presented.
Staff finds that the proposed PUD offers a pattern of residential development and a housing product not currently available in Killeen. If approved, the proposed PUD will provide additional housing options and help fill the need for “Missing Middle” housing. The proposed development will afford prospective residents the opportunity to live in a single-family home without the maintenance responsibilities typically associated with homeownership.
In addition, the proposed Concept Plan offers a development pattern that is not currently available in Killeen. The proposed layout provides for homes that front on a common open space, providing for an enhanced sense of community among residents. Key differences between the proposed development and traditional zoning include removing rigid lot size requirements, incorporating rear-loaded layouts to enhance aesthetics, and integrating shared open spaces to foster a sense of community. Additionally, the development employs alternative parking and landscaping regulations, allowing for a more efficient and visually cohesive design. These modifications enhance walkability, spatial efficiency, and aesthetic appeal, aligning with modern housing trends.
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?
Most public infrastructure is already in place for this property and maintained by the City. The developer may need to extend a section of sewer to the property. All roads within the development are private and will be maintained by the property owner.
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 approval of the proposed PUD as presented.
At their regular meeting on February 24, 2025, the Planning and Zoning Commission recommended disapproval of the applicant’s request by a vote of 6 to 0.
In accordance with Killeen Code of Ordinances Sec. 31-39(e), approval of the request will require the favorable vote of three-fourths (3/4) of all members of the City Council (6 affirmative votes).
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Site Photos
Minutes
Ordinance
Letter of Request
PUD Concept Plan
PUD Features and Regulations
Responses
Presentation