Title
Hold a public hearing and consider an ordinance submitted by Tracy Hanson on behalf of Academy for Exceptional Learners (Case# Z25-11) to rezone approximately 6.656 acres, being Lot 1, Block 1, Fowler Elementary Subdivision from “R-1” (Single-Family Residential District) to “R-1” (Single-Family Residential District) with a Conditional Use Permit (CUP) to allow a daycare facility as a permitted use. The subject property is locally addressed as 1020 Trimmier Road, Killeen, Texas.
Body
DATE: June 17, 2025
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Exec. Dir. Of Dev. Serv.
SUBJECT: Zoning Case # Z25-11: “R-1” to “R-1” w/”CUP”
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Academy for Exceptional Learners
Current Zoning: “R-1” (Single-Family Residential District)
Proposed Zoning: “R-1” (Single-Family Residential District) w/ Conditional Use Permit (CUP) for use of a daycare.
Current FLUM Designation: ‘Campus’
Conditional Use Permit: Sec. 31-456(a), the purpose of the conditional use permit process is to identify those land uses that may be appropriate within a zoning district.
Summary of Request:
The applicant, Dr. Hanson, has submitted a request for a Conditional Use Permit (CUP) to authorize the operation of a daycare facility at 1020 Trimmier Road, Killeen, Texas. The subject property is a non-profit, private K-12 school serving children with special needs, which also includes an associated daycare component for children aged 6 weeks to 12 years. This request is intended to formally bring the daycare use into compliance with the City’s Zoning Ordinance.
Killeen Code of Ordinances Chapter 31 Compliance:
The subject property is currently zoned “R-1” (Single-Family Residential District). In accordance with Killeen Code of Ordinances Sec. 31-186, daycares are not a permitted use in the “R-1” district. In accordance with Killeen Code of Ordinances Sec. 31-6(1), “no land shall be used except for a purpose permitted in the district in which it is located.”
However, Sec. 31-456 provides that the Conditional Use Permit (CUP) process is intended to identify those land uses that may be appropriate within a zoning district but, due to their location, function or operation, could have a harmful impact on adjacent properties or the surrounding area, and to provide a procedure whereby such uses may be permitted by further restricting or conditioning the same so as to mitigate or eliminate such potential adverse impacts.
Zoning/Plat Case History:
In 1951, the City annexed 11 acres of land encompassing the Killeen Heights South Unit First Section subdivision (filed for record September 7, 1951). Staff was unable to determine the date of the zoning.
Character of the Area:
North: Residential lots zoned “R-1” (Single-Family Residential District) and Multi-Family lot zoned “B-3” (Local Business District) are legal nonconforming
South: Residential lots zoned “R-1” (Single-Family Residential District)
West: Residential lots zoned “R-1” (Single-Family Residential District)
East: Residential lots zoned “R-1” (Single-Family Residential District)
Future Land Use Map Analysis:
The subject property is located within the ‘Neighborhood Infill’ (NI) area on the Growth Sector Map and is designated as ‘Campus’ (C) on the Future Land Use Map (FLUM) of the Killeen 2040 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.
The ‘Campus’ place type is characterized by large-scale institutional developments and the amenities and offerings that come with them. Examples of these large developments would be Texas A&M Central Texas & KISD Schools as well as large church developments. These places serve as regional destinations because of their service and educational prowess with a unique place type is critical. While these spaces are likely to be religious, office, or educational in nature, residential use is also likely here to serve the needs of those who spend a lot of time on the campus. This place type encourages up to one hundred percent (100%) nonresidential and up to twenty-five percent (25%) residential use mix.
The request supports the following Comprehensive Plan recommendations:
§ LU3 - Encourage incremental evolution of neighborhoods.
§ NH4 - Build complete neighborhoods.
The Killeen 2040 Comprehensive Plan promotes incremental redevelopment of properties that can add to a widespread improvement. Additionally, staff finds the proposed rezoning is consistent with the surrounding area. Which consists of single-family residential, a religious institution zoned “B-DC” (Business Day Care District) and multi-family apartments zoned “B-3” (Local Business District).
Development Zone Analysis:
These properties are located within the City of Killeen Development Zone #3. This development zone is between Interstate Highway 14 and Veterans Memorial Boulevard, east of Fort Hood Street. This development zone consists of 62.40% residential uses and 37.60% commercial uses.
The current land use mix within this area comprises the following acreages and percentages approximately:
District Acres Percentage
Special Districts 81.61 2.74%
Residential 1779.03 59.66%
Industrial 273.37 9.17%
Commercial 847.76 28.43%
Agricultural 0.00 0.00%
Totals 2981.78 100.00%
Vacant Property 716.18 24.02%
Water, Sewer and Drainage Services:
Provider: City of Killeen
Within Service Area: Yes
Feasibility Study or Service Commitment: Water, wastewater, and drainage services are located within the City of Killeen municipal utility service area and are partially available to the subject tract.
Water services are available via an existing 6” water distribution main on the east side of the property and an existing 8” distribution line located in Trimmier Road.
Wastewater services are available via an existing 6” wastewater main at the northeast corner of the property and an existing 6” wastewater main located on Trimmier Road.
There is no existing stormwater infrastructure adjacent to the property.
Transportation and Thoroughfare Plan:
Existing Conditions: Access to the property is via Trimmier Road (50’ ROW) on the west side of the property and Hermosa Drive (50’ ROW) on the east side of the property. Trimmier Road is shown as a Minor Arterial, and Hermosa Drive is shown as a Local Road in the adopted Comprehensive Plan.
The current zoning classification for the property is “R-1”. The property is currently in use as an educational institute, which generates approximately 950 average daily trips. The proposed zoning classification for the property is “R-1 with a Conditional Use Permit”. Since there is no proposed change in the functional use of the property, it is assumed that there will be no change in traffic impact at this time.
An individual traffic impact analysis is not required at this time.
PARKS AND PROPOSED TRAIL PLAN:
There are no proposed parks or trails 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 property is in the Nolan Creek / Leon River Watershed. The property is located in Zone X (Area Determined to be Outside the 0.2% Annual Chance Floodplain), per Federal Emergency Management Agency Flood Insurance Rate Map 48027C0280E with effective date September 26, 2008.
No surface waters or wetlands are listed on the National Wetlands Inventory maps for this property, and no visual evidence of other environmental impediments is apparent on the property currently.
Public Notification:
Staff notified property owners of one hundred fourteen (114) surrounding properties regarding this request. Of those notified, sixty-six (66) are located outside the 200-foot notification boundary required by the State.
During the public hearing held at the regular Planning and Zoning Commission meeting on May 12, 2025, one (1) citizen spoke in support of this request.
As of the date of this staff report, staff has received two (2) written responses in support of this request.
Staff Findings:
The surrounding area includes residential and commercial properties and religious institutions. Staff finds that the request is consistent with the recommendations of the Killeen 2040 Comprehensive Plan.
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
The subject property currently has a non-conforming use; however, it utilizes the former Fowler Elementary School, representing a productive and appropriate repurposing of the old elementary school site. The addition of a daycare use addresses a demonstrated community need. Staff finds that the request is consistent with the City’s Future Land Use Map (FLUM) designation for the 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. Public infrastructure is already in place for this property and is maintained by the City. Maintenance costs 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 applicant’s request to rezone the subject property from “R-1” (Single-Family Residential District) to “R-1” (Single-Family Residential District) with a Conditional Use Permit (CUP) for use as a daycare. The CUP will be tied to the current ownership and will automatically expire upon a change in ownership.
At their regular meeting on May 12, 2025, the Planning and Zoning Commission recommended approval of the applicant’s request by a vote of 5 to 0.
DEPARTMENTAL CLEARANCES:
The Planning and Legal staff have reviewed this item.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Site Photos
Minutes
Ordinance
Letter of Request
Responses
Presentation