Title
HOLD a public hearing and consider a City-initiated request (Case #Z24-28) to rezone part of Lot 3, Block 55, Killeen Original Addition from “B-5” (Business District) to “R-1” (Single-Family Residential District). The subject property is locally addressed as 113 West Avenue B, Killeen, Texas.
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DATE: December 3, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Zoning Case # Z24-28: “B-5” to “R-1”
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Cielito Garcia
Agent: City Initiated Request
Current Zoning: “B-5” (Business District)
Proposed Zoning: “R-1” (Single-Family Residential District)
FLUM Designation: ‘Urban Village’ (UV)
Growth Sector Designation: ‘Infill & Enhance’ (IE)
Summary of Request:
This is a City-initiated request to rezone a single property, being part of Lot 3, Block 55, Killeen Original Addition, from “B-5” (Business District) to “R-1” (Single-Family Residential District). The property is locally addressed as 113 West Avenue B. The purpose of this request is to change the current zoning of the property to make it consistent with the existing single-family land use. There is an existing single-family home on the property, which is considered legal 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-1” (Single-Family Residential District) will bring the current use of this property into conformance with the zoning ordinance.
The intent of this initiative is to assist the current property owner by rezoning this legal nonconforming property, and to establish the current residential use of the property as conforming with the City of Killeen’s zoning and land use regulations. In doing so, the goal is to ensure that the property owner is better positioned to sell or refinance his property in the future, should he choose to do so. This rezoning initiative will have no negative impacts on this property, nor will it affect the property values in any way.
Zoning/Plat Case History:
The subject property was annexed into the City limits on April 30, 1881. This property was platted as Lot 3, Block 55, Killeen Original, around 1883. Staff is unable to determine the date of the current zoning of the property.
Character of the Area:
North: Developed residential property zoned “R-3” (Multifamily Residential District)
South: Developed commercial property zoned “M-1” (Manufacturing District)
East: Developed residential property zoned “R-3” (Multifamily Residential District)
West: Developed residential property zoned “B-5” (Business District)
Future Land Use Map Analysis:
This property is located within the ‘Infill & Enhance’ area on the Growth Sector Map and designated as ‘Urban Village’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
The Growth Sector Map indicates that these parcels are in the ‘Infill & Enhance’ sector and as such, have existing development and full service, but are located in areas where additional population, higher development intensities, and integration of uses is 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 ‘Urban Village’ place type is intended to be an area with active streets and a focus on people walking and cycling. Uses should be pedestrian-centric. When uses have large parking requirements, parking should be hidden behind building frontages. Commercial uses on the ground floor should have a higher proportion of glazing to create a more interesting interface between the public and private realms. It is important to remember that vertical mixing of uses is not necessary in this place type, but developments should be of a walkable urban form where buildings are close to the street, and pedestrians take precedence over automobiles. This place type encourages eighty percent (80%) nonresidential and forty percent (40%) residential use mix.
The request supports or furthers the following Comprehensive Plan recommendations:
§ LU3 - Encourage incremental evolution of neighborhoods.
§ LU4 - Prioritize infill and revitalization in north Killeen.
§ NH6 - Shift the market to include existing housing.
The Comprehensive Plan promotes incremental redevelopment of properties in Killeen 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:
The subject property is 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 of the following acreages and percentages approximately:
District Acres Percent
Special Districts 1.36 0.13%
Residential 667.36 66.25%
Industrial 58.91 5.85%
Commercial 275.23 27.32%
Agricultural 0.04 0.45%
Total 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, sanitary sewer, 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 located on E. Avenue B and an existing 8” water line located on N. Park Street. Wastewater services are available via an existing 6” wastewater line located on N. Park Street. Runoff from the property is conveyed via an existing 25’ concrete-lined channel located on the west side of N. Park St.
Transportation and Thoroughfare Plan:
Ingress and egress to the property is available via N. Park St. (85’ wide ROW) and W. Avenue B (75’ wide ROW). Both streets are considered local streets. Local traffic due to the proposed zoning change is not expected to change significantly. A traffic impact analysis is not required.
PARKS AND PROPOSED TRAIL PLAN:
There are no proposed trails or proposed parks on or near 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 South Nolan Creek Tributary No. 7 Watershed. The property is not in proximity to any regulated wetlands areas as identified on the National Wetlands Inventory maps. The property is within Zone X of a FEMA regulated Special Flood Hazard Area (SFHA), per FEMA Flood Insurance Rate Map 48027C0280E with effective date September 26, 2008.
Public Notification:
Staff notified thirty-eight (38) surrounding property owners regarding this request. Of those property owners notified, twenty-eight (28) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and fifteen (15) live outside Killeen. As of the date of this staff report, staff has received no written responses regarding this request.
Staff Findings:
The subject property has an existing single-family residence on the lot, 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 uses as well as other legal nonconforming properties. Staff finds that the request is consistent with the recommendations of the Killeen 2022 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-1” (Single-Family Residential District) as presented.
At their regular meeting on October 14, 2024, 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
Presentation