Legistar header
                                                         
File #: PH-24-032    Version: 1 Name: Z24-11
Type: Ordinance/Public Hearing Status: Passed
File created: 7/22/2024 In control: City Council
On agenda: 8/20/2024 Final action: 8/20/2024
Title: HOLD a public hearing and consider an ordinance (Case #Z24-11) to rezone Lots 1-6 and 8-16, Block 1, Sunrise Vista, from "B-3" (Local Business District) to "R-3F" (Multifamily Residential District). These properties are locally addressed as 1100-1102 and 1104-1115 Horizon Drive, Killeen, Texas.
Sponsors: Development Services
Attachments: 1. Maps, 2. Site Photos, 3. Minutes, 4. Ordinance, 5. Considerations, 6. Presentation

Title                     

 

HOLD a public hearing and consider an ordinance (Case #Z24-11) to rezone Lots 1-6 and 8-16, Block 1, Sunrise Vista, from “B-3” (Local Business District) to “R-3F” (Multifamily Residential District). These properties are locally addressed as 1100-1102 and 1104-1115 Horizon Drive, Killeen, Texas.

 

Body

 

DATE:                     August 20, 2024

 

TO:                     Kent Cagle, City Manager

 

FROM:                     Edwin Revell, Executive Director of Development Services

 

SUBJECT:                     Zoning Case # 24-11: “B-3” (Local Business District) to “R-3F” (Multifamily Residential District)

 

BACKGROUND AND FINDINGS:

 

Property Information:

 

Property Owner:  The Fifteen (15) Property Owners

Agent: City Initiated Request

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

Proposed Zoning: “R-3F” (Multifamily Residential District)

FLUM Designation: ‘Residential Mix’ (RM)

Growth Sector Designation: ‘Neighborhood Infill’

 

Summary of Request:

 

This is a City-initiated request to rezone fifteen (15) lots, locally addressed as 1100-1102 and 1104-1115 Horizon Drive, from “B-3” (Local Business District) to “R-3F” (Multifamily Residential District). The purpose of this request is to change the current zoning of the properties to make them consistent with the existing multifamily land use. There are existing fourplexes on each of the subject parcels, which are considered legal non-conforming and are therefore subject to the Killeen Code of Ordinances Sec. 31-54, which states that a nonconforming use cannot be rebuilt in case of destruction.  If approved, this City-initiated request to rezone the properties from “B-3” (Local Business District) to “R-3F” (Multifamily Residential District) will bring the current use of these properties into conformance with the zoning ordinance. 

 

The intent of this initiative is to assist property owners by rezoning legal nonconforming properties to establish the current residential use of the properties as conforming with the City of Killeen’s zoning and land use regulations. In doing so, the goal is to ensure that property owners on Horizon Drive are better positioned to sell or refinance their property in the future, should they choose to do so. This rezoning initiative will have no negative impacts on these properties, nor will it affect the property values in any way.

 

 

Zoning/Plat Case History:

 

The subject properties were annexed as one large tract into the City limits on December 22, 1986, via Ordinance No. 86-87. The property was rezoned from “R-1” (Single-Family District) to “B-3” (Local Business District) on June 12, 1990, via Ordinance No. 90-52. The property was platted as Sunrise Vista Addition and recorded on August 11, 1997.

 

The character of the Area:

 

North:                      Two-family residential development zoned “R-2” (Two-Family Residential District)

South:                      Existing commercial zoned “B-5” (Business District) 

East:                      Existing commercial zoned “B-5” (Business District)

West:                      Vacant property zoned “B-5” (Business District)

 

Future Land Use Map Analysis:

 

These properties are located within the ‘Neighborhood Infill’ area on the Growth Sector Map and designated as ‘Residential Mix’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan. 

 

This ‘Neighborhood Infill’ growth sector includes already developed areas with access to city services and infrastructure but have vacant, underutilized, or poorly developed properties. 

 

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 place type encourages a twenty-five percent (25%) nonresidential and ninety-five percent (95%) residential use mix.

 

The request supports or furthers the following Comprehensive Plan recommendations:

§                     LU3 - Encourage incremental evolution of neighborhoods.

§                     NH6 - Shift the market to include existing housing.

 

The Comprehensive Plan promotes incremental redevelopment of properties in Killeen that can add to a widespread improvement.  Additionally, staff finds the proposed rezoning is consistent with the surrounding area, which consists of a mix of housing types.

 

Development Zone Analysis:

 

These properties are located within the City of Killeen Development Zone #4.  This development zone is north of Stan Schlueter Loop and west of State Highway 195.

 

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

 

 

District                                          Acres                                          Percentage

Special Districts                     107.15                                          1.87%

Residential                                          2457.49                     42.94%

Industrial                                          11.37                                          0.20%

Commercial                                          2937.38                     51.33%

Agricultural                                          209.35                                          3.66%

 

Totals                                                               5722.74                     100.00%

 

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 is available to the subject tracts. No additional water or sewer availability is required.

 

Transportation and Thoroughfare Plan:

 

Ingress and egress to the property is via Horizon Drive, which is classified as a 60’ wide Local Street on the Thoroughfare Plan. No TIA is required, as there is no change of use for the subject property.

 

Parks And Proposed Trail Plan:

 

There are no proposed parks or trails located on this site.  Parkland dedication, fees in lieu of, and parkland development fees will not be required, as the property is already developed.

 

Environmental Assessment:

 

The properties are within Zone X a FEMA-regulatory Special Flood Hazard Area (SFHA).  There are no known wetland areas on the property 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, seventeen (17) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and twenty (20) live outside Killeen.  As of the date of this staff report, staff has received no written responses regarding this request. 

 

Staff Findings:

 

The subject properties have existing fourplexes on each, which are zoned “B-3” (Local Business District) and are considered legal non-conforming. The surrounding area includes a mix of developed two-family residential neighborhoods 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 request to rezone the properties from “B-3” (Local Business District) to “R-3F” (Multifamily Residential District).

 

At their regular meeting on July 15, 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

Considerations

Presentation