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HOLD a public hearing and consider a City-initiated ordinance (Case # Z24-17) to rezone Lots 1-13 out of the McDaniel Addition from “B-5” (Business District) to “R-2” (Two-Family Residential District). The subject properties are locally addressed as 900, 902, 904, 906, and 908-916 McDaniel Circle, Killeen, Texas.
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DATE: September 17, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Zoning Case # 24-17: “B-5” (Business District) to “R-2” (Two-Family Residential District)
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: JJAM Trust
Agent: City Initiated Request
Current Zoning: “B-5” (Business District)
Proposed Zoning: “R-2” (Two-family Residential District)
FLUM Designation: ‘Residential Mix’ (RM)
Growth Sector Designation: ‘Neighborhood Infill’
Summary of Request:
This is a City-initiated request to rezone thirteen (13) lots, locally addressed as 900, 902, 904, 906, 908, 909, 910, 911, 912, 913, 914, 915, and 916 McDaniel Drive, from “B-5” (Business District) to “R-2” (Two-Family 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 duplexes on each of the subject parcels, which are considered legal non-conforming and are therefore subject to Killeen Code of Ordinances Sec. 31-54, which states that a nonconforming use cannot be rebuilt in case of total destruction. If approved, this City-initiated request to rezone the properties from “B-5” (Business District) to “R-2” (Two-Family 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 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 September 9, 1962. The property was rezoned from “B-3” (Local Business District) to “B-5” (Business District) on January 28, 1986, via Ordinance No. 86-06. The property was platted as McDaniel Addition and recorded on February 11, 1999.
Character of the Area:
North: Multifamily residential development zoned “R-3” (Multi-Family Residential District)
South: Undeveloped commercial property zoned “B-5” (Business District)
East: Undeveloped commercial property “B-5” (Business District)
West: Multifamily residential development zoned “B-3” (Local 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.
The ‘Neighborhood Infill’ area on the Growth Sector Map includes areas of the city that are already developed and have access to city services and infrastructure, but have vacant, underutilized, or poorly developed properties. Growth policies for this sector should encourage development or redevelopment of these properties with accessory dwelling units, smallplexes, and micro commercial that provides incremental increases in density. Development should match the existing character and improve walkable access to businesses and amenities for people living and working in the vicinity.
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 #2. This development zone is north of East Veterans Memorial Boulevard, south of Rancier Avenue, and east of WS Young Drive.
The current land use mix within this area comprises of the following acreages and percentages approximately:
District Acres Percentage
Special Districts 107.15 1.96%
Residential 2960.10 65.57%
Industrial 990.19 21.93%
Commercial 467.44 10.35%
Agricultural 8.15 0.18%
Totals 4514.44 100%
Vacant Property 1729.44 38.31%
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 McDaniel Circle to N. Twin Creek Drive. There are no additional transportation infrastructure requirements as this area is fully developed. A traffic impact analysis is not required.
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 in the South Nolan Creek Tributary 7 Watershed and are in proximity (60’ +/- northeast) to the South Nolan Creek tributary. This tributary is listed as a regulated wetlands area as identified on the National Wetlands Inventory maps. The properties are within Zone X a FEMA-regulatory Special Flood Hazard Area (SFHA).
Public Notification:
Staff notified eighteen (18) surrounding property owners regarding this request. Of those property owners notified, thirteen (13) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and seventeen (17) live outside Killeen. As of the date of this staff report, staff has received no written responses from the surrounding property owners regarding this request.
Staff Findings:
The subject properties have existing duplexes on each lot, which are zoned “B-5” (Business District) and are considered legal non-conforming. The surrounding area includes a mix of developed multifamily residential neighborhoods and commercial uses.
Staff supports the intent to rezone to “R-2” (Two-family Residential District). The existing structures are considered legal non-conforming, which are subject to the Killeen Code of Ordinances Sec. 31-51. This request is intended to bring the existing uses into conformance with the zoning ordinance. Staff finds that the request is consistent with the Future Land Use Map (FLUM).
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-5” (Business District) to “R-2” (Two-family Residential District) as presented.
At their regular meeting on August 16, 2024, the Planning and Zoning Commission recommended approval of the applicant’s 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
Consent Form Response
Considerations
Presentation