Title
HOLD a public hearing and consider an ordinance submitted by Quintero Engineering on behalf of Faniks Properties, LLC (Case #Z24-30) to rezone approximately 12.033 acres out of the John Essary Survey, Abstract No. 296, 5, 6-1, 6-1-1, 714-16-1-1, 714-19-1-1, and the M. Tongate Survey, Abstract No. 832, 775-3, from “R-1” (Single-Family Residential District) and “RMH” (Residential Mobile Home District) to “R-2” (Two-Family Residential District). The subject property is locally addressed as 3210 Florence Road, Killeen, Texas. (Requires a ¾ majority vote).
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DATE: December 3, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Zoning Case # Z24-30: “R-1”and “RMH” to “R-2”
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Faniks Properties, LLC
Agent: Quintero Engineering, LLC
Current Zoning: “R-1” (Single-Family Residential District) and “RMH” (Residential Mobile Home District)
Proposed Zoning: “R-2” (Two-Family Residential District)
Current FLUM Designation: ‘Residential Mix’ (RM)
Summary of Request:
Quintero Engineering, LLC, on behalf of Faniks Properties, LLC, has submitted a request to rezone approximately 12.033 acres out of the John Essary Survey, Abstract No. 296, and the M. Tongate Survey, Abstract No. 831, from “R-1” (Single-Family Residential District) and “RMH” (Residential Mobile Home District) to “R-2” (Two-Family Residential District). If approved, the applicant intends to develop two-family residential homes on the property.
In accordance with the 2021 International Fire Code, Appendix D, D107.1, Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads.
Appendix D, D107.2 further requires that where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.
This development is unable to meet this requirement and therefore are limited to thirty (30) two-family units or fifteen (15) lots.
Zoning/Plat Case History:
The subject property was annexed into the City limits on September 9, 1962. The property was subsequently zoned to “R-1” (Single-Family Residential District) after annexation. Part of the property was rezoned from “R-1” (Single-Family Residential District) to “R-MH” (Mobile Home) on February 11, 1974, via Ordinance No. 74-7. The property is currently not platted.
The applicant recently submitted a request to rezone this property to “R-2” (Two-Family Residential District), which was recommended for disapproval by the Planning and Zoning Commission on March 4, 2024. The request was subsequently withdrawn by the applicant prior to being voted on by the City Council.
Character of the Area:
North: Existing residential properties zoned “R-1” (Single-Family Residential District)
South: Existing commercial property zoned “B-2” (Local Retail District)
East: Existing residential properties zoned “R-1” (Single-Family Residential District)
West: Existing residential properties zoned “R-3” (Multifamily Residential District)
Future Land Use Map Analysis:
This property is located within the ‘Neighborhood Infill’ area on the Growth Sector Map and designated as ‘Residential Mix’ on the Future Land Use Map (FLUM) of the 2022 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.
This ‘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.
The request supports or furthers the following Comprehensive Plan recommendations:
§ 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, which will contribute to diversifying the housing mix in Killeen. The Comprehensive Plan explains that “allowing for more diverse housing, such as duplexes […] would provide a major increase in tax revenue while also increasing the number of available housing units, which in turn serves to help the city remain as an affordable place to live” (pg. 51). The Comprehensive Plan highlights that housing types like duplexes have added benefit such as affordability and fiscal sustainability for the community.
Development Zone Analysis:
The property is located within the City of Killeen Development Zone #6. This development zone is north of Veterans Memorial Boulevard and west of WS Young Drive. 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:
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 12” water line located adjacent to the west side of the properties in Florence Road. Wastewater services are available to the properties via an existing 8” wastewater line that runs in an existing easement along the east side of the tracts. No storm sewer pipelines or inlets are in proximity to the properties.
Transportation and Thoroughfare Plan:
Ingress and egress to the property is available via Florence Road, which is a Collector level roadway in an existing 60’ wide right-of-way. If the properties are fully developed as “R-2”, a traffic impact analysis is not required.
PARKS AND PROPOSED TRAIL PLAN:
There is a proposed thoroughfare trail located along the west side of Florence Road adjacent to the property. Parkland dedication or fees in-lieu-of parkland dedication and parkland development fees will be required for future development. With the project being restricted to thirty (30) two-family units due to access concerns, the parkland dedication requirements would be as follows:
§ Parkland Dedication: 0.4485 acres
§ Fees-In-Lieu of Parkland Dedication: $22,500
§ Park Development Fees: $13,500
The final lot count is subject to change and the final parkland determination will be completed at the time of preliminary plat approval.
Environmental Assessment:
The property is within Zone X a FEMA-regulatory Special Flood Hazard Area (SFHA). There are known wetland areas (PFO1A) a freshwater forested/shrub wetland on or adjacent to the property as identified on the National Wetlands Inventory.
Public Notification:
Staff notified one hundred sixteen (116) surrounding property owners regarding this request. Of those property owners notified, fifty-two (52) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and twenty-two (22) live outside Killeen. To date, staff has received five (5) written responses in opposition to this request and one (1) response in favor. The opposition constitutes 10.00% of the surrounding property owners.
Staff Findings:
The current zoning of the subject property is “R-1” (Single-Family Residential District) and “R-MH” (Residential Mobile Home District). The surrounding area includes predominantly single-family residential uses. Staff finds that the applicant’s request is consistent with the policies and principles of the Killeen 2040 Comprehensive Plan. Staff is of the determination that the applicant’s request is consistent with character of the adjacent neighborhoods.
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
Staff recommends approval of the applicant’s request to rezone the property from “R-1” (Single-Family Residential District) and “R-MH” (Residential Mobile Home District) to “R-2” (Two-Family Residential District).
Staff finds that the applicant’s request is consistent with the surrounding land uses and prevailing community character. In addition, the request is constant with the recommendations of the Killeen 2040 Comprehensive Plan.
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. However, subsequent development and dedication of public infrastructure will involve the expenditure of maintenance funds over the life cycle of future development.
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. However, subsequent development and dedication of public infrastructure will involve the expenditure of maintenance funds over the life cycle of future 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 applicant’s request to rezone the property from “R-1” (Single-Family Residential District) and “R-MH” (Residential Mobile Home District) to “R-2” (Two-Family Residential District).
At their regular meeting on October 14, 2024, the Planning and Zoning Commission recommended disapproval of the request by a vote of 5 to 0 citing concerns of safety and flooding.
Therefore, 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
Responses
Presentation