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File #: PH-23-048    Version: 1 Name: Z23-18
Type: Ordinance/Public Hearing Status: Passed
File created: 7/24/2023 In control: City Council
On agenda: 8/22/2023 Final action: 8/22/2023
Title: HOLD a public hearing and consider an ordinance submitted by Julia Dorroh, on behalf of J-BREZ LLC Series B (Case #Z23-18), to rezone approximately 1.00 acre, being part of the J. J. Roberts Survey, Abstract No. 731, 753-2, from "R-1" (Single-Family Residential District) to "M-1" (Manufacturing District). The property is locally addressed as 5200 E. Veterans Memorial Blvd, Killeen, Texas.
Sponsors: Development Services
Attachments: 1. Maps, 2. Site Photos, 3. Letter of Request, 4. Minutes, 5. Ordinance, 6. Considerations, 7. Presentation

Title

 

HOLD a public hearing and consider an ordinance submitted by Julia Dorroh, on behalf of J-BREZ LLC Series B (Case #Z23-18), to rezone approximately 1.00 acre, being part of the J. J. Roberts Survey, Abstract No. 731, 753-2, from “R-1” (Single-Family Residential District) to “M-1” (Manufacturing District). The property is locally addressed as 5200 E. Veterans Memorial Blvd, Killeen, Texas.

Summary

 

DATE:                     August 15, 2023.                     

 

TO:                     Kent Cagle, City Manager.                     

 

FROM:                     Edwin Revell, Executive Director of Development Services.                     

 

SUBJECT:                     Zoning Case #23-18: “R-1” (Single-Family Residential District) to “M-1” (Manufacturing District)                     

 

BACKGROUND AND FINDINGS:

 

Property Information:

 

Property Owner: J-BREZ LLC - Series B

Agent: Julia Dorroh

Current Zoning: “R-1”

Proposed Zoning: “M-1”

Current FLUM Designation: ‘Industrial’

 

Summary of Request:

 

Julia Dorroh, on behalf of J-BREZ LLC - Series B, has submitted a request to rezone approximately 1.00 acre, being part of the J. J. Roberts Survey, Abstract No. 731, 753-2, from “R-1” (Single-Family Residential District) to “M-1” (Manufacturing District).  The purpose of the request is to change the zoning of the subject property to make it consistent with the surrounding “M-1” (Manufacturing District) zoning.  The property owner’s intent is to develop the entire 10.56-acre property as light industrial.

 

Zoning/Plat Case History:

 

The Future Land Use Map (FLUM) designation of approximately 10.56 acres, including the subject property, was changed from ‘Neighborhood Commercial’ to ‘Industrial’ on June 13, 2023, via Ordinance No. 23-046.  The subject property is currently zoned “R-1” (Single-Family Residential District) and “M-1” (Manufacturing District).  The property was originally zoned “R-1” in September 1962.  The remainder of the “R-1” (Single-Family Residential District) was rezoned to “M-1” (Manufacturing District) on March 9, 1970, via Ordinance No. 70-7.  The subject property was platted as Lot Pt Tr D, Killeen Area Investment Corp Industrial Tract.

 

Character of the Area:

 

North: Existing commercial business zoned “B-5” (Business District), “B-C-1” (General Business and Alcohol Sales District), and “B-1” (Manufacturing District)

South: Vacant lot zoned “M-1” (Manufacturing District)

West: Existing commercial business and mobile home park zoned “RMP” (Mobile Home and Travel Trailer Park) and “M-1” (Manufacturing District)

East: Existing commercial businesses and religious institution zoned “M-1” (Manufacturing District)

 

Future Land Use Map Analysis:

 

This property is located within the ‘Neighborhood Infill’ area on the Growth Sector Map and is designated as ‘Residential Mix’ and ‘Regional Commercial’ on the Future Land Use Map (FLUM) of the 2022 Comprehensive Plan.

 

The ‘Industrial’ place type includes industrial uses that vary from technology industry to manufacturing uses.  Designated locations for heavier industrial uses are intended to provide distance away from residential categories and lighter industrial uses are integrated with other commercial uses.  Industrial place types are typically located along roadways that have adequate capacity to serve the larger industrial vehicles.  Required parking should be encouraged to be placed behind structures and when uses are abutting a residential property, a separation should be provided such as a landscape buffer, deeper setback, and/or a screening wall.

 

The ‘Neighborhood Infill’ growth sector 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, small-plexes (2-4 units), 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 request supports or furthers the following 2022 Comprehensive Plan recommendations:

§                     LU3 - Encourage incremental evolution of neighborhoods

§                     LU4 - Prioritize infill and revitalization in north Killeen

 

Neighborhood Analysis:

Land use:

                     This property is located within Killeen Development Zone #3.

                     Current land use mix within this area comprises approximately:

                     10% non-residential uses

                     90% residential uses

 

Zoning district breakdown in DZ4:

                     48% non-residential zoning districts

                     52% residential zoning districts.

*These numbers exclude special districts such as conditional or special use permits and planned unit developments. 

 

‘Industrial’ promotes:

Use Mix: up to 100% non-residential, 10% residential uses

Primary Uses: Makers Space, Flex Warehouse, Manufacturing

Secondary Uses:  Commercial, Institutional

 

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 Illinois Avenue, which is classified as a 70-foot-wide Collector on the City of Killeen Thoroughfare Plan. Staff estimates that there will be 375 trips generated per day, with 31 peak hour trips, and has determined that a Traffic Impact Analysis will not be required for the proposed land use.

 

Environmental Assessment:

 

The property is not within any FEMA regulatory Special Flood Hazard Area (SFHA).  There are no other known wetland areas on or adjacent to the property as identified on the National Wetlands Inventory.

 

Public Notification:

 

Staff notified twelve (12) surrounding property owners regarding this request.  Of those property owners notified, nine (9) reside outside of the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by Council; and eight (8) reside outside of Killeen.  As of date of this staff report, staff has received zero (0) written responses regarding the request.

 

Staff Findings:

 

Please see the Future Land Use Map Analysis and Neighborhood Analysis sections.

 

THE ALTERNATIVES CONSIDERED:

 

The City Council may:

                     Disapprove the applicant’s request;

                     Approve a more restrictive zoning district than requested; or

                     Approve the request as presented by the applicant

 

Which alternative is recommended? Why?

 

Staff recommends approval of the applicant’s request to rezone the subject property from “R-1” (Single-Family Residential District) to “M-1” (Manufacturing District) as presented.

 

Staff supports the applicant’s intent to rezone the one acre “R-1” portion to make it consistent with the surrounding zoning given the existing character of the surrounding property.  The request is consistent with the Future Land Use Map (FLUM).

 

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.  However, long-term maintenance of all proposed municipal infrastructure will be the City’s responsibility. 

 

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 July 17, 2023, the Planning and Zoning Commission recommended approval of the applicant’s request by a vote of 4 to 0.

 

DEPARTMENTAL CLEARANCES:

 

This item has been reviewed by the Planning and Legal staff.

 

ATTACHED SUPPORTING DOCUMENTS:

 

Maps

Site Photos

Letter of Request

Minutes

Ordinance

Pharr vs. Tippitt considerations