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File #: PH-25-024    Version: 1 Name: Z25-10
Type: Ordinance/Public Hearing Status: Passed
File created: 4/21/2025 In control: City Council
On agenda: 5/20/2025 Final action: 5/20/2025
Title: Hold a public hearing and consider a City-initiated request (Case #Z25-10) to rezone eight (8) lots, including Lots 11, 12, 39, and 40, Block 2, and Lots 43 and 44, Block 3, out of the Gray Park Addition; and part of Lot 2 and all of Lot 3, Block 13, out of the McNair Park Replat, from "B-5" (Business District) to "R-1" (Single-Family Residential District). The subject properties are locally addressed as 1004 and 1006 Stewart Street; 1003, 1004, 1005, and 1006 Alexander Street; and 1003 and 1005 Jackson Street, Killeen, Texas.
Sponsors: Development Services
Attachments: 1. Maps, 2. Site Photos, 3. Minutes, 4. Ordinance, 5. Response, 6. Presentation

Title                     

 

Hold a public hearing and consider a City-initiated request (Case #Z25-10) to rezone eight (8) lots, including Lots 11, 12, 39, and 40, Block 2, and Lots 43 and 44, Block 3, out of the Gray Park Addition; and part of Lot 2 and all of Lot 3, Block 13, out of the McNair Park Replat, from “B-5” (Business District) to “R-1” (Single-Family Residential District).  The subject properties are locally addressed as 1004 and 1006 Stewart Street; 1003, 1004, 1005, and 1006 Alexander Street; and 1003 and 1005 Jackson Street, Killeen, Texas.

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DATE:                     May 20, 2025

 

TO:                     Kent Cagle, City Manager

 

FROM:                     Wallis Meshier, Exec. Dir. Of Dev. Serv.

 

SUBJECT:                     Zoning Case #Z25-10: “B-5” to “R-1”

 

BACKGROUND AND FINDINGS:

 

Property Information:

 

Property Owner:  Eight (8) individual property owners

Agent: City-initiated request

Current Zoning: “B-5” (Business District)

Proposed Zoning: “R-1” (Single-Family Residential District)

FLUM Designation: ‘Neighborhood Commercial’ (NC)

Growth Sector Designation: ‘Infill & Enhance’ (IE)

 

 

Summary of Request:

 

This is a City-initiated request to rezone eight (8) properties from “B-5” (Business District) to
“R-1” (Single-Family Residential District). This request aims to amend the property's current zoning to make it consistent with the existing residential land use. The existing single-family homes are considered legal non-conforming and therefore subject to Killeen Code of Ordinances Sec. 31-54, which states that a nonconforming structure cannot be rebuilt in case of total destruction.  If approved, this City-initiated request to rezone the properties will bring the current use of the properties into compliance with the zoning ordinance.

 

The intent of this initiative is to assist property owners by rezoning legal nonconforming properties to establish the current residential uses of properties as complying 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 their 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.

 

 

Zoning/Plat Case History:

 

Part of Lot 2 and all of Lots 3, Block 13 out of the McNair Park Replat were annexed into the City limits on August 13, 1951. Lots 43-44, Block 3, and Lots 11-12, and 39-40, Block 2 out of the Gray Park Addition were annexed into the City limits on November 29, 1948. Staff is unable to determine the date when the zoning of the properties was changed.

 

 

Character of the Area:

 

North:                      Developed residential property zoned “R-1” (Single-Family Residential District)

South:                      Developed commercial property zoned “B-5” (Business District)

East:                      Developed commercial property zoned “B-5” (Business District)

West:                     Stewart Park zoned “R-1” (Single-Family Residential District)

 

 

Future Land Use Map Analysis:

 

The properties are located within the ‘Infill & Enhance’ (IH) area on the Growth Sector Map and designated as ‘Neighborhood Commercial’ (NC) 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.

 

The ‘Neighborhood Commercial’ place type is predominantly a commercial extension of a traditional neighborhood.  These places generally grow along with a neighborhood and need to be allowed to change over time to intensify as its surrounding neighborhood does.  These are placed along a corridor of some kind, often a higher traffic roadway that serves as the edge of a neighborhood. These areas bridge pedestrian and auto-oriented development patterns. Street parking and continuous building frontages are very important here as it creates a pleasant experience for people who traverse the area on foot. Shared parking should be encouraged. High intensity small lot residential is acceptable within this place type.  This place type encourages one hundred percent (100%) nonresidential and twenty-five percent (25%) residential use mix.

 

The request supports the following Comprehensive Plan recommendations:

 

§                     LU3 - Encourage incremental evolution of neighborhoods.

§                     NH6 - Shift the market to include existing housing.

 

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 a mix of residential and commercial properties and religious institutions.

 

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 W.S. Young Drive.  This development zone consists of 66.38% residential uses and 33.17% non-residential uses.

 

The current land use mix within this area composed of the following acreages and percentages, approximately:

 

District                                             Acres                                          Percent

Special Districts                     1.36                                          0.13%

Residential                                          667.36                                          66.25%

Industrial                                          58.91                                          5.85%

Commercial                                          275.23                                          27.32%

Agricultural                                          0.04                                          0.45%                                          

Total                                                               1007.39                     100.00%

 

Vacant Property                     118                                          11.71%

 

 

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 available to the subject tract.

 

Water services are available to Stewart Street via an existing 6” water distribution main located in the existing right-of-way of Stewart Street. Water services are available to Alexander Street via an existing 6” water distribution main located in the existing right-of-way of Alexander Street. Water services are available to Jackson Street via an existing 6” water distribution main located in the existing right-of-way of Jackson Street.

 

Wastewater services are available to Stewart Street and Alexander Street via an existing 6” wastewater collection line located in an existing easement along the rear property line of the properties located on the east side of Stewart Street and the west side of Alexander Street.

 

Wastewater services are available to Alexander Street and Jackson Street via an existing 6” wastewater collection line located in an existing easement located along the rear property line of the properties located on the east side of Alexander Street and the west side of Jackson Street.

 

Storm sewer infrastructure consists of a system of existing curb inlets and associated pipelines located in East Rancier Avenue, Alexander Street, and Jackson Street. The Stewart Street drainage channel is located along the west side of Stewart Street and serves as the main stormwater conveyance for the area.

 

 

Transportation and Thoroughfare Plan:

 

Access for the properties is via Stewart Street, Alexander Street, and Jackson Street. Stewart Street is considered a local street with a 55-foot-wide right-of-way. Alexander Street and Jackson Street are considered local streets with a 50-foot-wide right-of-way. E. Rancier Avenue is located to the south of the properties.

 

A traffic impact analysis is not required since these are existing residential structures, and no new construction is anticipated 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 properties are in the Nolan Creek / Leon River Watershed.

 

The properties on Alexander Street are located in Zone AE (Special Flood Hazard Area) per Federal Emergency Management Agency Flood Insurance Rate Map 48027C0280E with effective date September 26, 2008.

 

The properties on Alexander Street and Jackson Street are 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 these

properties, and no visual evidence of other environmental impediments is apparent on the

properties at this time. The Stewart Street drainage channel is located along the west side of

Stewart Street and does not encroach upon the subject properties.

 

 

Public Notification:

 

Before public notification, the eight (8) property owners were provided with a consent form to authorize the request, four (4) responses have been received. 

 

Staff notified property owners of sixty-four (64) surrounding properties regarding this request. Of those notified, twenty-six (26) are located outside the 200-foot notification boundary required by the State but within the 400-foot notification boundary mandated by the Council, while twenty-three (23) property owners live outside of the city of Killeen.

 

As of the date of this staff report, staff has received one (1) written response in support of this request.

 

 

Staff Findings:

 

The subject properties are zoned “B-5” (Business District), have an existing single-family residential structure, and are considered legal non-conforming. 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?

 

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 this City-initiated request to rezone the property from “B-5” (Business District) to “R-1” (Single-Family Residential District) as presented.

 

The existing properties are considered legal non-conforming and are subject to the provisions in Killeen Code of Ordinances, Sec. 31-51. This request intends to bring the existing uses into conformance with the zoning ordinance. Staff also finds that the request is consistent with the Future Land Use Map.

 

At their Regular Meeting on April 14, 2025, the Planning and Zoning Commission recommended approval of the request as presented by staff by a vote of 4-0.

 

DEPARTMENTAL CLEARANCES:

 

The Planning and Legal staff have reviewed this item.

 

 

ATTACHED SUPPORTING DOCUMENTS:

 

Maps

Site Photos

Minutes

Ordinance

Response

Presentation