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HOLD a public hearing and consider a City-initiated request (Case #Z24-22) to rezone part of Lots 5-9, Block 1 out of the Morris & Goode Addition from “B-5” (Business District) to “R-1” (Single-Family Residential District). The subject properties are locally addressed as 701, 703, 705, 707, and 709 East Avenue G, Killeen, Texas.
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DATE: October 1, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Zoning Case # 24-22: “B-5” (Business District) to “R-1” (Single-Family Residential District)
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Five (5) individual property owners
Agent: City Initiated Request
Current Zoning: “B-5” (Business District)
Proposed Zoning: “R-1” (Single-Family Residential District)
FLUM Designation: ‘Residential Mix’ (RM)
Growth Sector Designation: ‘Infill & Enhance’ (IE)
Summary of Request:
This is a City-initiated request to rezone five (5) lots, locally addressed as 701, 703, 705, 707, and 709 East Avenue G, being portions of Lots 5, 6, 7, 8, and 9, Block 1, out of the Morris & Goode Addition, from, “B-5” (Business District) to “R-1” (Single-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 is an existing single-family home 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-1” (Single-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 your 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 into the City limits on July 5, 1948. These properties were platted as Lots 5, 6, 7, 8, and 9, Block 1, Morris & Goode Addition prior to 1950. Staff is unable to determine the date of the current zoning of the properties.
Character of the Area:
North: Developed residential property zoned “R-2” (Two-Family Residential District)
South: Developed, legal nonconforming, multifamily property zoned “B-5” (Business District)
East: Developed residential property zoned “R-1” (Single-Family Residential District)
West: Developed residential property zoned “R-2” (Two-Family Residential District)
Future Land Use Map Analysis:
These properties are located within the ‘Infill & Enhance’ area on the Growth Sector Map and designated as ‘Residential Mix’ on the Future Land Use Map (FLUM) of the Killeen 2040 Comprehensive Plan.
The Growth Sector Map indicates that these parcels are in the ‘Infill & Enhance’ sector and as such, have existing development and full service, but are located in areas where additional population, higher development intensities, and integration of uses is desired. This sector is primarily located in downtown and the neighborhoods immediately around it. Growth policies for this area should support infill, redevelopment, and infrastructure projects. These projects should accommodate more residents and small businesses while improving walkability.
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.
§ LU4 - Prioritize infill and revitalization in north Killeen.
§ 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 commercial and residential properties.
Development Zone Analysis:
These properties are located within the City of Killeen Development Zone #1. This development zone is north of Veterans Memorial Boulevard and west of WS Young Drive. This development zone consists of 66.38% residential uses and 33.17% commercial uses.
The current land use mix within this area comprises of the following acreages and percentages approximately:
District Acres Percentage
Special Districts 1.36 0.13%
Residential 667.36 66.25%
Industrial 58.91 5.85%
Commercial 275.23 27.32%
Agricultural .04 0.00%
Totals 1007.39 100.00%
Water, Sewer and Drainage Services:
Provider: City of Killeen
Within Service Area: Yes
Feasibility Study or Service Commitment: Water, wastewater, and drainage utility services are located within the City of Killeen municipal utility service area and are currently in use by the subject tracts. No additional water, wastewater, or drainage system improvements are required as this area is fully developed.
Transportation and Thoroughfare Plan:
Ingress and egress to the properties is via E. Avenue G, which is classified as a 55’ wide Local Street on the City of Killeen Thoroughfare Plan. Local traffic due to the proposed zoning change is not expected to change. A Traffic Impact Analysis is not required.
PARKS AND PROPOSED TRAIL PLAN:
There is an existing thoroughfare trail located on the south side of Avenue G adjacent to this site and there are no proposed parks 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. The properties are not in proximity to any regulated wetlands areas as identified on the National Wetlands Inventory maps. The properties are within Zone X of a FEMA regulated Special Flood Hazard Area (SFHA), per FEMA Flood Insurance Rate Map 48027C0280E with effective date September 26, 2008.
Public Notification:
Staff notified thirty-two (32) surrounding property owners regarding this request. Of those property owners notified, nineteen (19) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and twelve (12) 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 single-family residences on each, which are zoned “B-5” (Business District) and are considered legal non-conforming. The surrounding area includes a mix of developed and undeveloped residential and commercial uses as well as other legal nonconforming properties. 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-5” (Business District) to “R-1” (Single-Family Residential District) as presented.
At their regular meeting on August 26, 2024, the Planning and Zoning Commission recommended approval of the applicant’s request by a vote of 8 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