Title
Hold a public hearing and consider a City-initiated request (Case# Z25-07) to rezone approximately 0.51 acres, being part of Lot 1, Block 1 out of the Bay Subdivision from “B-5” (Business District) to “R-3A” (Multifamily Apartment Residential District). The subject property is locally addressed as 1301 Harris Avenue, Killeen, Texas.
Body
DATE: May 6, 2025
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Executive Director of Development Services
SUBJECT: Zoning Case # Z25-07: “B-5” to “R-3A”
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Bay’s Realty Inc.
Agent: City Initiated Request
Current Zoning: “B-5” (Business District)
Proposed Zoning: “R-3A” (Multi-Family Apartment Residential District)
FLUM Designation: ‘Neighborhood Commercial’ (NC)
Growth Sector Designation: ‘Infill & Enhance’ (IE)
Summary of Request:
This is a city-initiated request to rezone one (1) lot, locally addressed as 1301 Harris Ave, approximately 0.51 acres, being part of Lot 1, Block 1, out of Bays Subdivision, from “B-5” (Business District) to “R-3A” (Multifamily Apartment Residential District). This request aims to change the property's current zoning to make it consistent with the existing multifamily land use. The existing multi-family complex on the property is considered legally non-conforming and is therefore subject to Killeen Code of Ordinances Sec. 31-54, which states that a nonconforming use cannot be rebuilt in case of total destruction. If approved, this City-initiated request to rezone the property from “B-5” (Business District) to “R-3A” (Multi-Family Apartment Residential District) will bring the current use of this property into compliance with the zoning ordinance.
The intent of this initiative is to assist property owners by rezoning legal nonconforming properties to establish the current residential uses of properties as complying with the City of Killeen’s zoning and land use regulations. In doing so, the goal is to ensure that property owners are better positioned to sell or refinance their property in the future, should they choose to do so. This rezoning initiative will have no negative impacts on these properties, nor will it affect the property values.
Zoning/Plat Case History:
The subject property was annexed into the City limits on February 13, 1950, and platted as Lot 1, Block 1, Bay Subdivision. Staff is unable to determine the date of the current zoning of the properties.
Character of the Area:
North: Developed commercial property zoned “B-5” (Business District) and B-2 (Local Retail District)
South: Developed residential multi-family apartment property zoned “R-3” (Multi-Family Residential District)
East: Developed residential property zoned “R-1” (Single-Family Residential District)
West: Undeveloped residential property zoned “R-3” (Multi-Family Residential District)
Future Land Use Map Analysis:
This property is located within the ‘Infill & Enhance’ area on the Growth Sector Map and designated as ‘Neighborhood Commercial’ on the Future Land Use Map (FLUM) of the 2040 Comprehensive Plan.
The Growth Sector Map indicates that this parcel is in the ‘Infill & Enhance’ sector and as such, has existing development and full service, but is located in areas where additional population, higher development intensities, and integration of uses are desired. This sector is primarily located in downtown and the neighborhoods immediately around it. Growth policies for this area should support infill, redevelopment, and infrastructure projects. These projects should accommodate more residents and small businesses while improving walkability.
The ‘Neighborhood Commercial’ place type is a predominantly a commercial extension of a traditional neighborhood. These places generally grow along with a neighborhood and need to be allowed to change over time to intensify as its surrounding neighborhood does. These are placed along a corridor of some kind, often a higher traffic roadway that serves as the edge of a neighborhood. These areas bridge pedestrian and auto-oriented development patterns. Street parking and continuous building frontages are very important here as it creates a pleasant experience for people who traverse the area on foot. Shared parking should be encouraged. High intensity small lot residential is acceptable within this place type. This place type encourages one hundred percent (100%) nonresidential and twenty-five percent (25%) residential use mix.
The request supports or furthers the following Comprehensive Plan recommendations:
§ LU3 - Encourage incremental evolution of neighborhoods.
§ NH6 - Shift the market to include existing housing.
The Killeen 2040 Comprehensive Plan promotes incremental redevelopment of properties that can add to a widespread improvement. Additionally, staff finds the proposed rezoning is consistent with the surrounding area, which consists of a mix of commercial and residential properties.
Development Zone Analysis:
These properties are located within the City of Killeen Development Zone #1. This development zone is north of Veterans Memorial Boulevard and west of WS Young Drive. This development zone consists of 66.38% residential uses and 33.17% commercial uses.
The current land use mix within this area comprises the following acreages and percentages, approximately:
District Acres Percentage
Special Districts 1.36 0.13%
Residential 667.36 66.25%
Industrial 58.91 5.85%
Commercial 275.23 27.32%
Agricultural .04 <0.00%
Totals 1007.39 100.00%
Vacant Property 118 11.71%
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 tracts.
Water services are available via an existing 6” water line on Harris Ave.
Wastewater service is available via an existing 18” wastewater interceptor running along the eastern boundary of the tract and an existing 10” wastewater line located on Harris Ave.
Two trapezoidal concrete-lined channels are located at the southern end of the property and convey stormwater runoff under Harris Ave. A branch of Stewart Ditch is located adjacent to the eastern boundary of the tract, and an unnamed tributary of Stewart Ditch is located adjacent to the western boundary of the property.
Transportation and Thoroughfare Plan:
Access for the portion of the property being considered for rezoning is via Harris Ave. (50-foot-wide ROW). Harris Ave. is classified as a Local Street in the adopted Comprehensive Plan and E. Rancier Avenue is accessible via the existing parking lot located on the parent tract.
PARKS AND PROPOSED TRAIL PLAN:
There are no proposed parks or trails on this site. Parkland dedication, fees in lieu of, and parkland development fees will not be required as the property is already developed.
Environmental Assessment:
The property is in the Nolan Creek / Leon River Watershed and is located in Zone AE (Area of 1% Annual Chance of Flooding), per FEMA Flood Insurance Rate Map 48027C0280E with effective date September 26, 2008. Portions of the tract being rezoned are impacted by the regulatory floodway. Riverine habitats are located along the eastern and western boundaries of the tract as shown on the National Wetlands Inventory maps for this property. These habitats correspond to the existing concrete lined channels.
Public Notification:
Prior to public notification, staff contacted the property owner for consent. The property owner has consented to the city-initiated rezoning.
Staff notified fifty-three (53) owners of the surrounding property regarding this request. Of those property owners notified, thirty-nine (39) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and eighteen (18) live outside Killeen. To date, staff has received two written responses in support, and none in opposition to this request.
Staff Findings:
The subject property has an existing multi-family apartment building, which is zoned “B-5” (Business District) and is considered legal-non-conforming. The surrounding area includes a mix of developed and undeveloped residential and commercial properties. Staff finds that the request is consistent with the recommendations of the Killeen 2040 Comprehensive Plan.
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
N/A
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 for this property and maintained by the City. Maintenance cost 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 approval of the request to rezone the property from “B-5” (Business District) to “R-3A” (Multi-Family Apartment Residential District) as presented.
At their regular meeting on March 24, 2025, the Planning and Zoning Commission recommended approval of the request by a vote of 5 to 0.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Site Photos
Minutes
Ordinance
Responses
Presentation