Title
HOLD a public hearing and consider an ordinance requested by Mike Russell, on behalf of ATMOS Energy Corporation (Case #Z22-51) to rezone Lot 1, Block 1, and (Southwest Triangle) Fairway Park 2nd Unit from “R-2” (Two-Family Residential District) to “R-2” (Two-Family Residential District) with a Conditional Use Permit (CUP) for an above ground pipeline station facility. The property is locally addressed as 1701 Fairview Drive, Killeen, Texas.
Summary
DATE: December 6, 2022.
TO: Kent Cagle, City Manager.
FROM: Edwin Revell, Executive Director of Development Services.
SUBJECT: ZONING CASE #22-51: “R-2” (TWO-FAMILY RESIDENTIAL DISTRICT) TO “R-2” (TWO-FAMILY RESIDENTIAL DISTRICT) WITH A CONDITIONAL USE PERMIT (CUP)
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: ATMOS Energy Corporation
Agent: Mike Russell
Current Zoning: “R-2” (Two-Family Residential District)
Proposed Zoning: “R-2” (Two-Family Residential District) with a Conditional Use Permit (CUP) for an above ground pipeline station facility
Current FLUM Designation: ‘Neighborhood Commercial’ (NC)
Summary of Request:
Mike Russell, on behalf of ATMOS Energy Corporation, has submitted a request to rezone Lot 1, Block 1, and (Southwest Triangle) Fairway Park 2nd Unit from “R-2” (Two-Family Residential District) to “R-2” (Two-Family Residential District) with a Conditional Use Permit (CUP) for an above ground pipeline station facility. If approved, the applicant intends to develop an above ground pipeline station facility and expand the existing ATMOS Energy facility located to the south.
Killeen Code of Ordinances Chapter 31 Compliance:
Conditional Use Permits (CUPs) are subject to Killeen Code of Ordinances Sec. 31-456. Per Sec. 31-456(c)(3), regardless of whether such conditions have been recommended by the planning and zoning commission, the city council may establish such conditions of approval as are reasonably necessary to ensure compatibility with surrounding uses and to preserve the public health, safety, and welfare.
Zoning/Plat Case History:
The property is currently zoned as “R-2” (Two-Family Residential District). However, staff was unable to determine the date of rezoning. The property was platted as Fairway Park 2nd Unit, Block 1, Lot Pt 1, and SW triangle.
Character of the Area:
North: Existing two-family homes zoned “R-2” (Two-Family Residential District)
South: Existing two-family homes zoned “R-2” (Two-Family Residential District)
East: Existing two-family homes zoned “R-2” (Two-Family Residential District)
West: Outside the city limits (Fort Hood)
Future Land Use Map Analysis:
This property is located within ‘Infill & Enhance’ area on the Growth Sector Map and designated as ‘Traditional Neighborhood' on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
The ‘Traditional Neighborhood’ place type recreates the pre-suburban development patterns with smaller lots and setbacks, diverse housing typologies, and a mix of uses which include residential uses such as townhouses and small plex (2-6 units), non-residential uses such as small-scale and neighborhood scale commercial development, and mixed-use such as live-work or few overs.
‘Infill & Enhance’ area include places with existing developments and full services where additional population, higher intensities in development types and uses is desired. Downtown and its adjacent neighborhoods would benefit from infill and redevelopment.
The request is consistent with the following Big Ideas of the 2022 Comprehensive Plan:
§ Resource stewardship and fiscally responsible growth ensure a more prosperous community for the long haul
The applicant intends to demolish the existing residential home and expand the existing above ground pipeline station facilities located on the southern portion of the property. In addition, the applicant has proposed to screen the facility with a masonry wall, and provide landscaping (trees and shrubs) along the frontage, as shown on the site plan exhibit, in order to protect the character of the area.
The Comprehensive Plan calls for managing development of land and capital investments (such as streets, utilities, and drainage) to ensure a more prosperous community for the long haul and similar to the need for these common resident services listed here, staff finds the request is necessary to keep up with demands for natural gas utility in the area.
Neighborhood Analysis:
This property is located within Killeen Development Zone #1 (Exhibit A) and the North Killeen Revitalization Area. The current land use mix (Exhibit B) within this area comprises approximately 16% non-residential uses and 84% residential uses. The zoning districts within the area includes approximately 30% non-residential zoning districts and 70% residential zoning districts; this number excludes special districts such as conditional or special use permits and planned unit developments. The ‘Traditional Neighborhood’ place type promotes up to 50% non-residential uses and 80% residential uses.
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 available to the subject tract.
Transportation and Thoroughfare Plan:
Ingress and egress to the property is from Fairview Drive, which is classified as a Local Street on the City of Killeen Thoroughfare Plan. Staff estimates that there will be no trips generated on a daily basis and has determined that a Traffic Impact Analysis is not required for the proposed land use.
Environmental Assessment:
The property is not within any FEMA regulatory Special Flood Hazard Area (SFHA). The property is adjacent to riverine habitat as identified on the National Wetlands Inventory.
Public Notification:
Staff notified thirty-four (34) surrounding property owners regarding this request. Of those property owners notified, sixteen (16) reside outside of the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by Council; and sixteen (16) reside outside of Killeen.
As of the date of this staff report, staff has received one (1) written response in support of this request.
Staff Findings:
Please see the Future Land Use and Neighborhood Analysis section.
THE ALTERNATIVES CONSIDERED:
The City Council may:
§ Disapprove the applicant’s CUP request;
§ Approve the CUP with conditions; or
§ Approve the applicant’s CUP request as presented.
Which alternative is recommended? Why?
Staff recommends approval of the “R-2” (Two-Family Residential District) with a CUP (Conditional Use Permit) for an above ground pipeline station facility.
Staff finds the request consistent with the Big Ideas of the 2022 Comprehensive Plan as indicated in the Comprehensive Plan Analysis. Additionally, staff finds the request is a necessary infrastructure improvement project.
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:
At their regular meeting on November 7, 2022, 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:
Exhibit
Maps
Site Photos
Site Plan
Response
Minutes
Ordinance
Considerations