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Hold a public hearing and consider an ordinance amending Killeen Code of Ordinances, Chapter 31 - Zoning by amending the zoning amendment approval requirements; providing for additional signage and public hearing notification requirements; amending home occupation regulations; providing for multi-family and mixed uses in business districts; and providing for small lot regulations.
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DATE: August 19, 2025
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Exec. Dir. Of Dev. Serv.
SUBJECT: Ordinance Amending Chapter 31
BACKGROUND AND FINDINGS:
During their 89th Regular Session, the Texas Legislature passed several bills into law that will affect the City’s zoning and land use regulations. The following bills were passed into law and will become effective on September 1, 2025:
• S.B. 840 - Mixed Use & Multifamily in Commercial Areas
• S.B. 15 - Single-Family Density Preemption (3,000 sq. ft. lots)
• H.B. 24 - Zoning Amendment Notification & Protests
The proposed amendments to Chapter 31 are intended to address the changes made to the Local Government Code (LGC) during the 89th Texas Legislature. Staff is proposing the following amendments to Killeen Code of Ordinances, Chapter 31 - Zoning:
• Adding a section regarding signage, requiring the applicant to be responsible for erecting a sign on the property of a requested zoning change. Per H.B. 24, the sign must be at least 24” x 48” and must be erected at least 10 days before the date of the Planning and Zoning Commission meeting. Requirements for color, font size, etc. will be in accordance with standards promulgated by the Department of Development Services.
• Adding a section requiring notice of all public hearings, relating to zoning regulations and zoning district boundaries, to be posted on the City’s website at least 15 days before the public hearing, per H.B. 24.
• Amending the protest requirements to align with LGC Section 211.0061 and remove the three-fourths majority affirmative vote needed for approval of a request that has been recommended for disapproval by the Planning & Zoning Commission. This change is recommended as this provision was repealed by H.B. 24.
• Amending the Home Occupation standards to state: “The total number of employees and clients or patrons of the business shall not, at any time, exceed the maximum occupancy of the building or property.” This change is required due to H.B. 2464.
• Amending the use regulations in all commercial/business districts to allow for multifamily residential and mixed-use residential uses. This change is needed to comply with S.B. 840. Residential uses in commercial districts are limited to those areas not located within 3,000 feet of an airport or military base.
• Adding a section to Chapter 31 addressing “Small Lots”, which are defined as a residential lot that is four thousand (4,000) square feet or less. The section regarding Small Lots applies only to properties meeting the criteria outlined in LGC Section 211.052. To mitigate the impact of S.B. 15 on the character and density of new residential development, staff is proposing to amend Chapter 31 to require that all single-family lots less than 50 feet in width be alley-loaded. The proposed standards for Small Lots include provisions regarding:
o Lot size and setbacks
o Impermeable surface
o Architectural elements
o Off-street parking and access
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
N/A
CONFORMITY TO CITY POLICY:
This item conforms to State and Local policy.
FINANCIAL IMPACT:
What is the amount of the revenue/expenditure in the current fiscal year? For future years?
N/A
Is this a one-time or recurring revenue/expenditure?
N/A
Is this revenue/expenditure budgeted?
N/A
If not, where will the money come from?
N/A
Is there a sufficient amount in the budgeted line-item for this revenue/expenditure?
N/A
RECOMMENDATION:
Staff finds that the proposed amendments to Chapter 31 are necessary to comply with State law and ensure that new development is compatible with the character of the surrounding area. Therefore, staff recommends approval of the proposed ordinance amending Chapter 31 - Zoning as presented.
During a Special Meeting on August 5, 2025, the Planning and Zoning Commission recommended approval of the proposed ordinance by a vote of 5 to 1 with Commissioner Purifoy voting in opposition. Commissioner Purifoy noted concern that the proposed ordinance does not solve affordability. He also expressed concern that small lot single family homes are likely to be owned by companies, rather than individual homeowners.
DEPARTMENTAL CLEARANCES:
Planning and Legal staff have reviewed this item.
ATTACHED SUPPORTING DOCUMENTS:
Minutes
Ordinance
Presentation