Title
HOLD a public hearing and consider an ordinance requested by Mitchell & Associates, Inc. on behalf of Vanessa VanWinkle (Case #Z22-53) to rezone approximately 1.965 acres out of the Robert Cunningham Survey, Abstract No. 199, LT 62 LLEWELYN EST 3 (Unrecorded) from “A” (Agricultural District) to “A-R1” (Agricultural Single-Family Residential District). The property is locally addressed as 3495 Love Road, Killeen, Texas.
Summary
DATE: January 17, 2023
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: ZONING CASE #22-53: “A” (AGRICULTURAL DISTRICT) TO “A-R1” (AGRICULTURAL SINGLE-FAMILY RESIDENTIAL DISTRICT)
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Vanessa VanWinkle
Agent: Mitchell & Associates, Inc.
Current Zoning: “A” (Agricultural District)
Proposed Zoning: “A-R1” (Agricultural Single-Family Residential District)
Current FLUM Designation: ‘Residential Mix’
Summary of Request:
Mitchell & Associates, Inc., on behalf of Vanessa VanWinkle, has submitted a request to rezone approximately 1.965 acres out of the Robert Cunningham Survey, Abstract No. 199, LT 62 LLEWELYN EST 3 (Unrecorded) from “A” (Agricultural District) to “A-R1” (Agricultural Single-Family Residential District). If approved, the applicant intends to subdivide the original 5-acre property into two lots. The rezoning is necessary due to the size of lot requirement of the current zoning district (i.e., no less than three (3) acres in an “A” Agricultural District). If approved, the proposed “A-R1” (Agricultural Single-Family Residential) zoning district has a minimum lot size of one (1) acre, which will allow the five-acre subject property to be subdivided into two lots.
Killeen Code of Ordinances Chapter 31 Compliance:
Killeen Code of Ordinances Sec. 31-172 allows single-family residential homes, home occupations, accessory uses such as one guest home per lot, etc.
In accordance with Killeen Code of Ordinances Sec. 31-158(b), no structure shall be erected on any lot in the "A" (Agricultural) district that is less than three (3) acres.
In accordance with Killeen Code of Ordinances Sec. 31-174(b)(1), no building or structure shall be erected on any lot having less than one (1) acre in the “A-R1” (Agricultural Single-Family Residential) district.
Zoning/Plat Case History:
The subject property was annexed into the city limits on January 22, 2008 via Ordinance No. 08-006. The property was subsequently zoned “A” (Agricultural District) on December 16, 2008 via Ordinance No. 08-103. The subject property is currently unplatted.
Character of the Area:
North: Vacant agricultural property zoned “A” (Agricultural District)
South: Vacant residential property zoned “R-1” (Single-Family Residential District)
East: Existing single-family home zoned “A” (Agricultural District)
West: Existing single-family home zoned “A” (Agricultural District)
Future Land Use Map Analysis:
This property is located within the ‘Controlled Growth’ area on the Growth Sector Map and designated as ‘Residential Mix’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
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.
This ‘Controlled Growth’ sector includes areas in the city limits and approved Municipal Utility Districts (MUDs) that have access to city infrastructure in close proximity. Development proposed in this sector will be evaluated for adherence to the Big Ideas and Recommendations of the plan, particularly those related to housing and neighborhood options and improve the fiscal health and sustainability of Killeen.
Staff finds that the proposed use would not negatively affect the surrounding area. The surrounding area currently consists of a mix of undeveloped land and existing residential developments mostly on large acreage. There is a mixture of “A” (Agricultural District), “A-R1” (Agricultural Single-Family Residential District), and “R-1’ (Single-Family Residential District) within the immediate vicinity. Since there is an existing single-family home on large acreage, this property and the proposed use can be considered as preserving existing homesteads and high-end rural estate style neighborhoods for those seeking rural style living and large lots.
Neighborhood Analysis:
This property is located within Killeen Development Zone #6 (Exhibit A). The current land use mix (Exhibit B) within this area comprises approximately 7% non-residential uses and 93% residential uses. The zoning districts within the area includes approximately 10% agricultural uses, 33% non-residential zoning districts and 57% residential zoning districts; this number excludes special districts such as conditional or special use permits and planned unit developments. ‘Residential Mix’ promotes a use mix of up to 25% non-residential and 95% residential uses.
Water, Sewer and Drainage Services:
Provider: City of Killeen
Within Service Area: Yes
Feasibility Study or Service Commitment: Water, sanitary sewer, and drainage utility service is located within the City of Killeen municipal utility service area and available to the subject tract.
Transportation and Thoroughfare Plan:
Ingress and egress to the property is from Love Rd., which is classified as a 70-foot wide Collector street on the City of Killeen Thoroughfare Plan. Staff estimates that there will be 9 trips generated on a daily basis with 1 peak hour trip and has determined that a Traffic Impact Analysis is not required for the proposed land use.
Environmental Assessment:
The property is not within any FEMA regulatory Special Flood Hazard Area (SFHA). There is no other known wetland areas on or adjacent to the property as identified on the National Wetlands Inventory.
Public Notification:
Staff notified four (4) surrounding property owners regarding this request. Of those surrounding properties notified, all are located inside of the 200-foot notification boundary required by the State, and within the 400-foot notification boundary required by Council; and one (1) reside outside of Killeen.
As of the date of this staff report, staff has received one (1) written response in support of this request.
Staff Findings:
Staff finds that the request is compatible with the existing land uses and prevailing community character. Further, staff finds that approval of this request would not negatively affect the surrounding community.
THE ALTERNATIVES CONSIDERED:
The City Council may:
§ Disapprove the applicant’s request; or
§ Approve the applicant’s request as presented.
Which alternative is recommended? Why?
Staff recommends approval of the applicant’s zoning change request for “A-R1” (Agricultural Single-Family Residential District).
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.
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:
At their regular meeting on December 5, 2022, the Planning and Zoning Commission recommended approval of the applicant’s request by a vote of 7 to 0.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Exhibit
Maps
Site Photos
Response
Minutes
Ordinance
Considerations