TITLE
HOLD a public hearing and consider an ordinance requested by Lagan Construction, Inc., (Case#Z17-22) to rezone approximately 2.673 acres out of the Robert Cunningham Survey, Abstract No. 199, from “A” (Agricultural District) to “R-1” (Single-Family Residential District). The property is located north of Hope Lane, approximately 1,200 feet west of Cunningham Road, Killeen, Texas.
SUMMARY
DATE: October 3, 2017
TO: Ronald L. Olson, City Manager
FROM: Ray Shanaa, AICP, Executive Director of Planning and Development Services
SUBJECT: ZONING CASE #Z17-22 “A” (Agricultural District) to “R-1” (Single-Family Residential District)
BACKGROUND AND FINDINGS:
This request is submitted by Lagan Construction, Inc. to rezone approximately 2.673 acres out of the Robert Cunningham Survey, Abstract No. 199, from “A” (Agricultural District) to “R-1” (Single-Family Residential District). The property is located north of Hope Lane, approximately 1,200 feet west of Cunningham Road, Killeen, Texas.
District Descriptions:
A building or premise in a district "R-1" single-family residential district shall be used only for the following purposes:
(1) One-family dwellings
(2) Churches or other places of worship
(3) Colleges, universities, or other institutions of higher learning
(4) Country clubs or golf courses, but not including miniature golf courses, driving ranges, or similar forms of commercial amusement
(5) Farms, nurseries or truck gardens, limited to the proportion and cultivation of plants, provided no retail or wholesale business is conducted on the premises and provided further that no poultry or livestock other than normal household pets shall be housed within one hundred (100) feet of any property line
(6) Parks, playgrounds, community buildings, and other public recreational facilities, owned and/or operated by the municipality or other public agency
(7) Public buildings, including libraries, museums, and police and fire stations
(8) Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years. Display residential houses with sales offices, provided that, if such display houses are not moved within a period of one (1) year, specific permission must be obtained from the city council for such display houses to remain on their locations
(9) Schools, public elementary or high
(10) Schools, private with curriculum equivalent to that of a public elementary or high school
(11) Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work
(12) Water supply reservoirs, pumping plants, and towers
(13) Accessory buildings and uses, incident to the uses in this section and located on the same lot therewith, not involving the conduct of a retail building
(14) A subdivision entry sign, when such sign is located on a lot that abuts a subdivision boundary and fronts on a street entering the subdivision
(15) Cemetery
Property Specifics
Applicant/Property Owner: Lagan Construction, Inc.
Property Location: The property is located north of Hope Lane, approximately 1,200 feet west of Cunningham Road, Killeen, Texas.
Legal Description: Approximately 2.673 acres, being out of the Robert Cunningham Survey, Abstract No. 199, Killeen, Texas
Zoning/ Plat Case History:
§ The current zoning was applied to the property on December 16, 2008, per ordinance no. 08-103.
§ The subject property is not platted; however, the applicant has submitted a plat, Gilbert Estates, which includes this tract of land. That plat is currently under review by staff, pending City Council action on this item.
Character of the Area
Existing Land Use(s) on the Property: Vacant
Historic Properties: None
Infrastructure and Community Facilities
Water, Sewer and Drainage Services
Provider: City of Killeen
Within Service Area: Yes
Feasibility Study or Service Commitment: Water, sanitary sewer, and drainage utility services will need to be extended at the time of development.
Transportation:
Existing conditions: This property is contiguous to Hope Lane, an unimproved local street.
Proposed Improvements: During the subdivision/ development process, a public right-of-way will have to be platted, constructed and accepted by the City of Killeen to facilitate access to this tract.
Projected Traffic Generation: The Gilbert Estates plat illustrates this tract of land being subdivided into eight (8) residential lots. These lots will generate seventy-six (76) total vehicle trips per day with six (6) peak AM trips and eight (8) peak PM trips. [Note: this data is sourced from the Institute of Transportation Engineer (ITE) Trip Generation Rates-9th Edition, provided through Spack Consulting]. This will not negatively affect the level of service standard for a local residential street
Environmental Assessment
Topography/Regulated Floodplain/Floodway/Creek: Approximately 0.03 acre of the approximate 2.673 acres in this zoning case are located within a FEMA regulatory Special Flood Hazard Area (SFHA). Current City Codes require the establishment of a creek buffer zone (CBZ) along the unnamed tributary to Trimmier Creek at the time of platting. Currently, sheet flow runoff on this development enters the natural, unnamed tributary to Trimmier Creek in the southwest corner of the property. Runoff then flows south approximately 700 feet before entering Trimmier Creek. Trimmier Creek is currently listed on the TCEQ’s current 303(d) water quality list for concerns for near non-attainment for macrobenthic community. The applicant has been advised that the current Drainage Design Manual (DDM) and Infrastructure Design and Development Standards Manual (IDDSM) will apply for new development on this site.
Land Use Analysis
Plan Recommendation: The ‘Estate’ designation encourages the following development types:
§ Detached residential dwellings with a minimum one(1)-acre lot size
§ Public/ institutional
§ Parks and public spaces
Consistency: This zoning request is not consistent with the Comprehensive Plan; however, the Planning staff has submitted a concurrent FLUM amendment request for ‘General Residential’ for this property.
Public Notification
The staff notified five (5) surrounding property owners regarding this request. Staff has received no protests at this time.
THE ALTERNATIVES CONSIDERED:
Which alternative is recommended?
Staff recommends approval of the applicant’s request.
Why?
The request for “R-1” (Single-Family District) is consistent with the zoning of the adjacent property owned by Lagan Construction, Inc., as well as multiple residential properties to the south of the subject area.
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 and Zoning Commission recommended (by a vote of 4 to 1, with Commissioner Harkin in opposition) approval of the zoning change as requested by the applicant.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps & Photos
Minutes
Ordinance