Title
HOLD a public hearing and consider an ordinance requested by Boksuk Baldwin on behalf of True Fountain, LLC (Case #Z24-19) to rezone approximately 0.3 acres out of Lot 2, Block 1 of the Bunny Trail Village Replat No. 1 from “R-1” (Single-Family Residential District) to “R-2” (Two-Family Residential District). The subject property is locally addressed as 3413 Abraham Drive, 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 #Z24-19: “R-1” (Single-Family Residential District) to “R-2” (Two-Family Residential District)
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: True Fountain, LLC
Agent: Boksuk Baldwin
Current Zoning: “R-1” (Single-Family Residential District)
Proposed Zoning: “R-2” (Two-Family Residential District)
FLUM Designation: ‘Residential Mix’ (RM)
Growth Sector Designation: ‘Controlled Growth’
Summary of Request:
Boksuk Baldwin, on behalf of True Fountain, LLC, has submitted a request to rezone approximately 0.3 acres, out of Lot 2, Block 1 of the Bunny Trail Village Replat No. 1 from “R-1” (Single-Family Residential District) to “R-2” (Two-Family Residential District). If approved, the applicant intends to develop a two-family residential home on the property.
Zoning/Plat Case History:
The subject property was annexed into the City limits on January 27, 2008. Part of the property was rezoned from “R-1” (Single-Family Residential District) to “R-2” (Two-Family Residential District) on May 25, 2021. The property is currently platted as Lot 2, Block 1, Bunny Trail Village Replat No. 1.
Character of the Area:
North: Undeveloped property zoned “A-R1” (Agricultural Single-Family Residential District)
South: Developed duplexes zoned “R-2” (Two-Family Residential District)
East: Developed single-family home zoned “R-1” (Single-Family Residential District)
West: Developed duplexes zoned “R-2” (Two-Family Residential District)
Future Land Use Map Analysis:
This property is located within the ‘Controlled Growth’ area on the Growth Sector Map and designated as ‘Residential Mix’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.
This ‘Controlled Growth’ sector includes areas in the city limits and approved Municipal Utility Districts (MUDs) that have access to city infrastructure in close proximity. Development proposed in this sector will be evaluated for adherence to the Big Ideas and Recommendations of the plan, particularly those related to housing and neighborhood options, and improve the fiscal health and sustainability of Killeen.
The ‘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:
§ LU1 - Use place types and complete neighborhoods as building blocks
§ NH3 - Diversifying housing mix (types and price points)
§ NH4 - Build complete neighborhoods.
The Comprehensive Plan promotes incremental redevelopment of properties in Killeen that can add to widespread improvement. The Comprehensive Plan explains that “allowing for more diverse housing, such as duplexes, would provide a major increase in tax revenue while also increasing the number of available housing units, which in turn serves to help the City remain as an affordable place to live” (pg. 51). The Comprehensive Plan highlights that housing types like duplexes have added benefits, such as affordability and fiscal sustainability for the community. Additionally, staff finds the proposed rezoning is consistent with the surrounding area, which consists of a mix of housing types.
Development Zone Analysis:
This property is located within the City of Killeen Development Zone #5. This development zone is south of Stan Schlueter Loop and west of State Highway 195.
The current land use mix within this area comprises of the following acreages and percentages approximately:
District Acres Percentage
Special Districts 195.79 5.66%
Residential 2206.39 63.75%
Industrial 19.91 0.58%
Commercial 337.92 9.76%
Agricultural 700.92 20.25%
Totals 3460.93 100.00%
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. Existing water (6” main) and wastewater (6” main) infrastructure is available in Abraham Drive. No additional water or wastewater services are anticipated. The existing storm sewer infrastructure is located along the northern side of Abraham Drive. No drainage system improvements are anticipated.
Transportation and Thoroughfare Plan:
Ingress and egress to the property is via the existing Abraham Drive to Bunny Trail. Increases in traffic due to the proposed zoning change are negligible. A Traffic Impact Analysis will not be required.
PARKS AND PROPOSED TRAIL PLAN:
There are no proposed parks or trails located on this site. The plat of the subject property was submitted prior to adoption of the Parkland Dedication Ordinance. Therefore, parkland dedication and development fees are not required.
Environmental Assessment:
The property is in the South Nolan Creek Tributary 7 Watershed. The property is not in proximity to any regulated wetlands areas as identified on the National Wetlands Inventory maps. The properties are within Zone X a FEMA-regulatory Special Flood Hazard Area (SFHA), per FEMA Flood Insurance Rate Map 48027C0260E with effective date September 26, 2008.
Public Notification:
Staff notified thirty-one (31) surrounding property owners regarding this request. Of those property owners notified, fourteen (14) are outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and three (3) live outside Killeen. As of the date of this staff report, staff has received one (1) written response in opposition to this request.
Staff Findings:
The property is a vacant lot, and the surrounding area includes a mix of residential properties which include single, two-family, and townhomes. Staff finds that the applicant’s request is consistent with the recommendations of the Killeen 2040 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 applicant’s request to rezone the property from “R-1” (Single-Family Residential District) to “R-2” (Two-family Residential District) as presented.
This request was brought before the Planning and Zoning Commission on August 12, 2024, and the Commission tabled the item until the issues of ownership was resolved not to exceed a period of six (6) months. Following a thorough review by the City Attorney’s Office and based on the available property records, City staff is of the opinion that True Fountain, LLC is the owner of the subject property.
At their regular meeting on August 26, 2024, the Planning and Zoning Commission recommended approval of the applicant’s request by a vote of 7 to 1.
Commissioner Gukeisen expressed concerns regarding the Commission taking action on the request due to the dispute between the applicant and the adjacent property owner regarding ownership of the subject property.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Site Photos
Response
Minutes
Ordinance
Considerations
Presentation