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File #: PH-25-001    Version: 1 Name: Z24-32
Type: Ordinance/Public Hearing Status: Passed
File created: 12/9/2024 In control: City Council
On agenda: 1/7/2025 Final action: 1/7/2025
Title: Hold a public hearing and consider an ordinance submitted by Datta Bahadur KC, on behalf of Bum In and Eun Jung Lee (Case #Z24-32) to rezone approximately 0.459 acres out of the A. Dickson Survey, Abstract No. 266, 710-10-21 from "B-3" (Local Business District) to "B-4" (Business District). The subject property is locally addressed as 3000 Lake Road, Killeen, Texas.
Sponsors: Development Services
Attachments: 1. Maps, 2. Site Photos, 3. Minutes, 4. Ordinance, 5. Letter of Request, 6. Response, 7. Presentation

Title                     

 

Hold a public hearing and consider an ordinance submitted by Datta Bahadur KC, on behalf of Bum In and Eun Jung Lee (Case #Z24-32) to rezone approximately 0.459 acres out of the A. Dickson Survey, Abstract No. 266, 710-10-21 from “B-3” (Local Business District) to “B-4” (Business District). The subject property is locally addressed as 3000 Lake Road, Killeen, Texas.

 

Body

 

DATE:                     January 7, 2025

 

TO:                     Kent Cagle, City Manager

 

FROM:                     Wallis Meshier, Interim Director of Development Services

 

SUBJECT:                     Zoning Case #24-32: “B-3” to “B-4”

 

BACKGROUND AND FINDINGS:

 

Property Information:

 

Property Owner:  Bum In and Eun Jung Lee

Agent: Datta Bahadur KC

Current Zoning: “B-3” (Local Business District)

Proposed Zoning: “B-4” (Business District)

FLUM Designation: ‘Regional Commercial’ (RC)

Growth Sector Designation: ‘Neighborhood Infill’ (NI)

 

Summary of Request:

 

Datta Bahadur KC, has submitted a request on behalf of Bum In and Eun Jung Lee to rezone approximately 0.459 acres out of the A Dickson Survey, Abstract No. 266, 710-10-21, from “B-3” (Local Business District) to “B-4” (Business District). If approved, the applicant intends to use one of the suites for a liquor store.

 

Zoning/Plat Case History:

 

The subject property was annexed into the City limits on May 25, 1959. This property has not been platted and was zoned from “R-1” (Single-Family Residential District) to “B-3” (Local Business District) on February 14, 1972.

 

Character of the Area:

 

North:                      Developed residential property zoned “R-3” (Multifamily Residential District).

South:                      Developed commercial property zoned “B-3” (Local Business District).

East:                      Developed commercial property zoned “B-3” (Local Business District).

West:                      Developed residential property zoned “R-3” (Multifamily Residential District)

 

 

Future Land Use Map Analysis:

 

These properties are located within the ‘Neighborhood Infill’ area on the Growth Sector Map and designated as ‘Regional Commercial’ 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.

 

These ‘Regional Commercial’ places are first identified by their principal focus on auto-oriented traffic. Logically placed near high-traffic intersections, these spaces bring people from many surrounding neighborhoods. Typical uses will include regional businesses including but not limited to restaurants, grocery stores, banks, retail, gas stations, and offices. This place type encourages small-scale, neighborhood-scale, regional, and industrial.  This place type encourages one hundred percent (100%) nonresidential and fifty percent (50%) residential use mix.

 

The request supports or furthers the following Comprehensive Plan recommendations:

§                     LU1 - Use place types and complete neighborhoods as building blocks.

§                     LU2 - Improve the fiscal productivity of development.

§                     LU3 - Encourage incremental evolution of neighborhoods.

§                     NH4 - Build complete neighborhoods.

 

The Comprehensive Plan promotes incremental redevelopment of properties in Killeen that can add to a widespread improvement.  Additionally, staff finds that the proposal is consistent with the Comprehensive Plan and is consistent with the surrounding area, which consists of a mix of commercial and residential properties. 

 

Development Zone Analysis:

 

The property is located within the City of Killeen Development Zone #2.  This development zone is north of Veterans Memorial Boulevard and east of WS Young Drive.  This development zone consists of 67.53% residential uses and 32.47% commercial uses.

 

The current land use mix within this area comprises the following acreages and percentages approximately:

 

District                                                               Acreage                     Percentage

Special Districts                                          88.35                                          1.96%

Residential                                                               2960.10                     65.57%

Industrial                                                               990.19                                          21.93%

Commercial                                                               467.44                                          10.35%

Agricultural                                                               8.15                                          0.18%

Total                                                                                     4514.24                     100.00%

Vacant Land                                                               1729.44                     38.31%

 

 

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 tract.  Water services are available to the property via an existing 8” water line located in Lake Road and an existing 6” water line located in Bundrant Drive. An existing 16” water transmission main is also located in Lake Road.  Wastewater services are available to the property via an existing 6” wastewater line located in Bundrant Drive.  No storm sewer infrastructure (Inlets/Manholes/Pipes) are in the vicinity of the property.

 

 

Transportation and Thoroughfare Plan:

 

Ingress and egress to the property is via Lake Road and Bundrant Drive. Lake Road is a 65-foot-wide right-of-way and is classified as a minor collector. Bundrant Drive is a 50-foot-wide right-of-way, classified as a local street.

 

Local traffic, due to the proposed zoning change, is expected to double based on the change in

proposed use. A traffic impact analysis is not currently 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 and a commercially zoned.

 

Environmental Assessment:

 

The property is in the South Nolan Creek Tributary 7 Watershed. The property is in Zone X (Area of Minimal Flood Hazard) per FEMA Flood Insurance Rate Map 48027C0280E with effective date September 26, 2008.

 

No portion of the property is located in the vicinity of a Freshwater Pond or a Freshwater

Emergent Wetland as identified on the National Wetlands Inventory maps.

 

Public Notification:

 

Staff notified thirty-five (35) surrounding property owners regarding this request.  Of those property owners notified, eighteen (18) 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 one (1) written response in opposition of this request and none in support.  The property in opposition is 3001 Lake Road.

 

 

Staff Findings:

 

The subject property has an existing commercial structure on the parcel, with one vacant suite which is zoned “B-3” (Local Business District). The surrounding area includes a mix of developed residential and commercial uses. 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 applicant’s request to rezone the property from “B-3” (Local Business District) to “B-4” (Business District). The existing structure has a vacant suite. Staff is of the determination that rezoning the property to “B-4” will allow for other commercial uses and reduce property vacancies.

 

At their special meeting on November 18, 2024, the Planning and Zoning Commission recommended approval of the request by a vote of 6 to 0.

 

 

DEPARTMENTAL CLEARANCES:

 

This item has been reviewed by the Planning and Legal staff.

 

 

ATTACHED SUPPORTING DOCUMENTS:

 

Maps

Site Photos

Minutes

Ordinance

Letter of Request

Response

Presentation