Title
HOLD a public hearing and consider an ordinance requested by Killeen Engineering on behalf of JOF Developers (Case #Z22-26) to rezone approximately 2.90 acres out of the James Cook Survey, Abstract No. 161 from “B-3” (Local Business District) to “R-2” (Two-Family Residential District). The property is locally addressed as 5601 Clear Creek Road, Killeen, Texas.
Summary
DATE: July 5, 2022
TO: Kent Cagle, City Manager.
FROM: Edwin Revell, Executive Director of Development Services.
SUBJECT: ZONING CASE #Z22-26: “B-3” to “R-2”
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: JOF Developers
Agent: Killeen Engineering & Surveying
Current Zoning: “B-3” (Local Business District)
Requested Zoning: “R-2” (Two-Family Residential District)
Current FLUM Designation: ‘General Residential’ (GR)
Summary of Request:
Killeen Engineering & Surveying, on behalf of JOF Developers, has submitted a request to rezone being approximately 2.90 acres out of the James Cook Survey, Abstract No. 161, from “B-3” (Local Business District) to “R-2” (Two-Family Residential District). If approved, the applicant intends to replat a few lots in McGregor Estates and extend a cul-de-sac into this area to create approximately nine (9) residential lots.
Zoning/Plat Case History:
The subject property was annexed into the City limits on March 16, 1999 via Ordinance No. 99-16. The property was subsequently zoned “B-3” (Local Business District) on January 25, 2000 via Ordinance No. 00-5.
The FLUM designation for this property was changed from ‘GC’ (General Commercial) to ‘GR’ (General Residential) on April 4, 2022 via Ordinance No. 22-031.
Character of the Area:
North: Existing commercial property (Texas Humane Heroes animal shelter) zoned “A” (Agricultural District), “B-3” (Local Business District), and “B-4” (Business District);
South: Undeveloped commercial property zoned “B-3” (Local Business District);
East: Undeveloped commercial properties zoned “B-3” (Local Business District);
West: Undeveloped two-family residential lots zoned “R-2” (Two-Family Residential District) (McGregor Estates Phase Three subdivision).
Future Land Use Map Analysis:
This property is designated as ‘General Residential’ (GR) on the Future Land Use Map (FLUM) of the Comprehensive Plan.
The ‘General Residential’ (GR) designation encourages the following development types:
§ Detached residential dwellings as a primary focus;
§ Attached housing types subject to compatibility and open space standards (e.g., duplexes, townhomes, patio homes);
§ Planned developments, potentially with a mix of housing types and varying densities, subject to compatibility and open space standards;
§ Public/ institutional; and
§ Parks and public spaces.
The request to rezone the property from “B-3” (Local Business District) to “R-2” (Two-Family Residential District) is consistent with the Future Land Use Map (FLUM) of the Comprehensive Plan.
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:
There is an existing ingress and egress from Golden Gate Dr. which is classified as a 70’ collector street on the City of Killeen adopted Thoroughfare Plan. The property has frontage on Clear Creek Road which is classified as a 120’ principal arterial street on the City of Killeen adopted Thoroughfare Plan; however, Clear Creek Rd is SH 201 and TxDOT will not allow access to it. The applicant does propose to replat a portion of McGregor Estate Phase Three to provide ingress and egress via McGregor Loop which is classified as a 60’ local street.
Environmental Assessment:
The property is not within any FEMA regulatory Special Flood Hazard Area (SFHA). There are no other known wetland areas on or adjacent to the properties as identified on the National Wetlands Inventory.
Public Notification:
Staff notified thirty-two (32) surrounding property owners regarding this request. Of those property owners notified, sixteen (16) resides outside of the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by Council; and six (6) reside outside the city limits of Killeen. As of the date of this staff report, no written responses have been received regarding this request.
Staff Findings:
The ‘General Residential’ (GR) land use category is characterized by auto‐oriented character (especially where driveways and front‐loading garages dominate the front yard and building facades of homes), which can be offset by “anti‐monotony” architectural standards, landscaping, and limitations on “cookie cutter” subdivision layouts characterized by straight streets and uniform lot sizes and arrangement. Neighborhood‐scale commercial uses are expected to emerge over time and should be encouraged on sites and in locations within (or near the edge of) GR areas that are best suited to accommodate such uses while ensuring compatibility with nearby residential uses.
The current zoning of the subject property is “B-3” (Local Business District). The surrounding area includes an existing commercial property and undeveloped properties. The area to the north is existing commercial property (Texas Humane Heroes animal shelter). To the west are undeveloped residential lots and to the south and east are undeveloped commercial properties.
THE ALTERNATIVES CONSIDERED:
The City Council has three (3) alternatives. The Council may:
§ Disapprove the applicant’s zoning request;
§ Approve a more restrictive zoning district than requested; or
§ Approve the applicant’s zoning request as presented.
Which alternative is recommended? Why?
Staff recommends approval of the applicant’s request to rezone the property from “B-3” (Local Business District) to “R-2” (Two-Family Residential District) as presented. Staff finds that the applicant’s request is consistent with the Future Land Use Map (FLUM) of the 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.
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:
At their regular meeting on June 6, 2022, the Planning and Zoning Commission recommended approval of the applicant’s request by a vote of 4 to 0. Commissioner O’Brien abstained from the voting after filing a conflict-of-interest affidavit.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Site Photos
Minutes
Ordinance
Letter of Request
Considerations