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File #: PH-20-051    Version: 1 Name: Zoning 20-25
Type: Ordinance/Public Hearing Status: Failed
File created: 11/10/2020 In control: City Council
On agenda: 12/8/2020 Final action: 12/8/2020
Title: HOLD a public hearing and consider an ordinance requested by Luz Erribarren on behalf of Becquer Erribarren (Case #Z20-25) to rezone Lot 8, Block 7, Marlboro Heights Revised, from “R-1” (Single-Family Residential District) to “R-2” (Two-Family Residential District). The property is addressed as 2722 Terrace Drive, Killeen, Texas. (Requires 3/4 majority vote)
Sponsors: Development Services
Attachments: 1. Staff Report, 2. Maps, 3. Minutes, 4. Ordinance, 5. Considerations, 6. Presentation

TITLE

HOLD a public hearing and consider an ordinance requested by Luz Erribarren on behalf of Becquer Erribarren (Case #Z20-25) to rezone Lot 8, Block 7, Marlboro Heights Revised, from “R-1” (Single-Family Residential District) to “R-2” (Two-Family Residential District). The property is addressed as 2722 Terrace Drive, Killeen, Texas. (Requires 3/4 majority vote)

 

SUMMARY

 

DATE:                                          December 1, 2020                                                                                   

 

TO:                                          Kent Cagle, City Manager                                                              

 

FROM:                                          Tony McIlwain, Exec. Dir. Of Planning and Development Services

 

SUBJECT:            ZONING CASE #Z20-25 “R-1” (Single-Family Residential District) to “R-2” (Two-Family Residential District).

 

BACKGROUND AND FINDINGS:

 

Summary of Request:

 

This request, submitted by Luz Erribarren on behalf of Becquer Erribarren, is to rezone the property located at 2722 Terrace Drive, Killeen, Texas (Lot 8, Block 7, Marlboro Heights Revised) from “R-1” (Single-Family Residential District) to “R-2” (Two-Family Residential District).

 

The applicant intends to develop a duplex on the property.

 

"R-2" Two-Family Residential District Description:

 

A building or premises in a district "R-2" two-family residential district shall be used only for the following purposes:

                    

(1) Any use permitted in district "R-1".

(2) Two-family dwellings.

 

Zoning / Plat Case History: 

 

§                     The property is platted and is identified as Lot 8, Block 7, Marlboro Heights Revised.

 

Character of the Area:

 

The surrounding community is made up of a mix of “R-1” (Single-Family Residential District) and “R-3” (Multi-Family Residential District) residential zones. To the east and south are existing single-family homes, which are zoned “R-1” (Single-Family Residential).  Immediately to the west is an existing duplex zoned “R-3” (Multi-Family Residential). To the north, on the opposite side of Terrace Drive, are existing duplexes, which are zoned “R-3” (Multi-Family Residential).  Although there are existing two-family and three-family homes in the area, the surrounding land use is predominantly single-family.

 

Future Land Use Map Analysis:

 

The property is designated as ‘General Residential’ (GR) on the Future Land Use Map (FLUM) of the Comprehensive Plan. The ‘General Residential’ (GR) designation encompasses most existing residential areas within Killeen (and the 6,000 square foot minimum lot size in the predominant R-1 zoning district results in less openness and separation between dwellings compared to Suburban residential areas), 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 and 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 ‘General Residential’ (GR) designation encourages the following development types:

§                     Detached residential dwellings the primary focus

§                     Attached housing types subject to compatibility and open space standards (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

§                     Parks and public spaces

 

Water, Sewer and Drainage Services

 

Water, sanitary sewer and drainage utility service is located within the City of Killeen utility service area and available to the subject tract.    

Transportation and Thoroughfare Plan:

 

A typical single-family residential home can generate ten (10) vehicle trips per day and a typical two-family residential home can generate twenty (20) vehicle trips per day [note-this data is sourced from the Institute of Transportation Engineer (ITE) Trip Generation Rates-9th Edition, provided through Spack Consulting].

 

Public Notification:

 

Staff notified seventy-five (75) surrounding property owners regarding this request; as of the date of this staff report, no responses have been received. Twenty-two (22) property owners reside outside of Killeen. Forty-two (42) of the seventy-five (75) notified are outside of the 200-foot notification boundary required by the State but within the 400-foot notification boundary required by Council.

 

Staff Findings:

 

Staff finds that the applicant’s request is consistent with Future Land Use Map (FLUM). However, it is staff’s determination that the request to rezone the property from “R-1” to “R-2” is not in keeping with the predominantly single-family character of the neighborhood.  Although there are existing two-family homes in the vicinity, the prevailing community character is single-family in nature.  In addition, the vast majority of properties to the east, west, and south of the subject parcel are single-family homes.  Staff is of the determination that approval of this request would allow for a duplex to be developed in a primarily single-family residential neighborhood. 

 

THE ALTERNATIVES CONSIDERED:

 

The City Council has two (2) alternatives. The Council may:

 

§                     Approve the applicant’s ‘R-2’ zoning request (affirmative 3/4 vote required); or

§ Disapprove of the applicant’s ‘R-2’ request as presented.

 

Which alternative is recommended?  Staff recommends disapproval of the applicant’s request to rezone the property from “R-1” to “R-2”.

 

Why?  Staff is of the determination that approval of this request would allow for a duplex to be developed in a predominantly single-family residential neighborhood. 

 

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:

 

The Planning & Zoning Commission, by a vote of 4 to 3, with Commissioners O’Brien, Minor and Alvarez in opposition, recommended disapproval of the applicant's request to rezone the property from “R-1” (Single-Family Residential District) to “R-2” (Two-Family Residential District).

 

DEPARTMENTAL CLEARANCES:

 

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

 

ATTACHED SUPPORTING DOCUMENTS:

 

Maps

Minutes

Ordinance

Considerations