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File #: PH-16-043    Version: 1 Name: Zoning 16-20
Type: Ordinance/Public Hearing Status: Passed
File created: 11/4/2016 In control: City Council
On agenda: 11/22/2016 Final action: 11/22/2016
Title: HOLD a public hearing and consider an ordinance requested by Karen Wunsch of Masterplan Consultants, on behalf of the Sheryl Yowell Anderson 1998 Trust Et Al, (Case #Z16-20) to rezone 3.093 acres out of the Simeon D. Carothers Survey, Abstract No. 177, from “A” (Agricultural District) to “A” (Agricultural District) with a Conditional Use Permit (CUP) for an electric substation. The substation is proposed to be located approximately 1,230 feet east of Shimla Drive and 557 feet north of Rusack Drive, Killeen, Texas.
Sponsors: Development Services
Attachments: 1. Minutes, 2. Council Memorandum, 3. Attachment to CCMO, 4. Application, 5. Buffer map, 6. Ordinance, 7. Location map, 8. Attachment, 9. Site Plan, 10. Considerations

TITLE

 

HOLD a public hearing and consider an ordinance requested by Karen Wunsch of Masterplan Consultants, on behalf of the Sheryl Yowell Anderson 1998 Trust Et Al, (Case #Z16-20) to rezone 3.093 acres out of the Simeon D. Carothers Survey, Abstract No. 177, from “A” (Agricultural District) to “A” (Agricultural District) with a Conditional Use Permit (CUP) for an electric substation. The substation is proposed to be located approximately 1,230 feet east of Shimla Drive and 557 feet north of Rusack Drive, Killeen, Texas.

 

SUMMARY

 

AGENDA ITEM

 

ZONING CASE #Z16-20 “A” (AGRICULTURAL DISTRICT) TO “A” (AGRICULTURAL DISTRICT) WITH A CONDITIONAL USE PERMIT (CUP)

 

ORIGINATING DEPARTMENT

 

PLANNING & DEVELOPMENT SERVICES

 

Karen Wunsch, of Masterplan Consultants, submits this request on behalf of the Sheryl Yowell Anderson 1998 Trust Et Al, to rezone 3.093 acres out of the Simeon D. Carothers Survey, Abstract No. 177, from “A” (Agricultural District) to “A” (Agricultural District) with a Conditional Use Permit (CUP) for an electric substation. The substation is proposed to be located approximately 1,230 feet east of Shimla Drive and 557 feet north of Rusack Drive, Killeen, Texas.

 

Criteria for approval:

The City Council may establish such conditions of approval as are reasonably necessary to ensure compatibility with surrounding uses and to preserve the public health, safety and welfare. Such conditions may include, without limitation, a limited term or duration of the permit; requirements for special yards, lot sizes, open spaces, buffers, fences, walls or screening; requirements for the installation and maintenance of landscaping or erosion control measures; requirements for street improvements, regulation of vehicular ingress or egress and traffic circulation, regulation of signs; regulation of hours or other characteristics of operation; establishment of development schedules for performance or completion; and such other reasonable conditions as the City Council may deem necessary to preserve the health, safety, and welfare of the applicant and the public.

 

Property Specifics

 

Applicant/Property Owner:  Sheryl Yowell Anderson 1998 Trust Et Al

 

Property Location:  The substation is proposed to be located approximately 1,230 feet east of Shimla Drive and 557 feet north of Rusack Drive, Killeen, Texas.

 

Legal Description:  Simeon D. Carothers Survey, Abstract No. 177

 

Zoning/ Plat Case History:

 

§                     There is no recent zoning activity for this property.

§                     The property has not been platted.

Character of the Area

 

Existing Land Use(s) on the Property:  This portion of the property contains existing electrical utility structures and supporting infrastructure.

 

Historic Properties:  There are no historic structures on this property.

 

Figure 1. Zoning Map

 

See Attachment

 

Infrastructure and Community Facilities

 

Water, Sewer and Drainage Services: 

Provider: City of Killeen

Within Service Area: Yes

Feasibility Study or Service Commitment:  The extension of water and sewer is not required for this proposed use.

 

Transportation:

Existing conditions: There is no improved public right-of-way serving this portion of the tract.  Access onto the property will be facilitated via a gravel drive extending from Shimla Drive within an existing TP&L easement. 

Proposed Improvements: There are no planned transportation improvements as part of this zoning request. 

Projected Traffic Generation: There will be virtually no increase in traffic as a result of this consideration.

 

Environmental Assessment

 

Topography/Regulated Floodplain/Floodway/Creek:  The area to be zoned is located in a Zone X Special Flood Hazard Area (SFHA). There are no known wetlands within the area being zoned. This area is currently un-platted and will need to be come into conformance with current drainage standards when development occurs on the parcel.  Currently runoff on this development sheet flows east for approximately 0.25 miles prior to entering Yowell Creek.  The runoff then flows from Yowell Creek into Trimmier Creek prior to leaving the City.  Trimmier Creek is currently listed on the TCEQ’s current 303(d) water quality list for impairment due to bacteria. In addition Trimmier Creek was listed on the same list for concerns for near-nonattainment of the Water Quality Standards for the macrobenthic community.  The TCEQ listed post-development erosion and sedimentation as the potential source for the impaired macrobenthic community in this basin.

 

Land Use Analysis

Land Use Plan: The land is designated as ‘Estate’ on the Future Land Use Map (FLUM) of the Comprehensive Plan.  

 

Plan Recommendation:  The Comprehensive Plan allows the following development types within the ‘Estate’ designation: detached residential dwellings, public/institutional uses, and parks and public spaces.

 

Consistency: The applicant’s Conditional Use Permit request for an electric substation does not trigger a change to the FLUM.

 

Public Notification

 

The staff notified one (1) surrounding property owners regarding this request. Staff has received no protest.

 

Recommendation

 

The Planning & Zoning Commission recommended approval by a vote of 7 to 0 of the applicant’s Conditional Use Permit request subject to adherence to the site plan.