Title
HOLD a public hearing and consider an ordinance submitted by Belton Engineering, Inc., on behalf of Duncan Estates, LLC, (Case #Z24-14) to rezone approximately 37.176 acres, out of W H Cole Survey, Abstract No. 200, 16, from “A” (Agricultural District) to “R-1” (Single-Family Residential District). The subject property is locally addressed as 499 Tower Hill Lane, Killeen, Texas. (Requires a ¾ majority vote)
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DATE: July 16, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Zoning Case # 24-14: “A” (Agricultural District) to “R-1” (Single-Family Residential District)
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: Duncan Estates, LLC
Agent: Belton Engineering, Inc.
Current Zoning: “A” (Agricultural District)
Proposed Zoning: “R-1” (Single-Family Residential District)
FLUM Designation: ‘Residential Mix’ (RM)
Growth Sector Designation: ‘Controlled Growth’
Summary of Request:
Belton Engineering, Inc. has submitted a request, on behalf of Duncan Estates, LLC, to rezone approximately 37.176 acres, out of W H Cole Survey, Abstract No. 200, 16, from “A” (Agricultural District) to “R-1” (Single-Family Residential District). The subject property is locally addressed as 499 Tower Hill Lane, Killeen, Texas. If approved, the applicant intends to develop one hundred thirty-five (135) single-family detached homes on the site.
Zoning/Plat Case History:
The subject property was annexed into the City limits on April 30, 2004, via Ordinance No. 04-12. It was subsequently zoned “A” (Agricultural) during the initial zoning via Ordinance No. 05-31. The property is currently not platted.
Character of the Area:
North: Vacant property zoned “A” (Agricultural District) and “R-1” (Single-Family Residential District)
South: Existing single-family residential development zoned “R-1” (Single-Family Residential District)
East: Vacant property zoned “A-R1” (Agricultural Single-Family Residential District)
West: Vacant property zoned “A-R1” (Agricultural Single-Family Residential District) and existing single-family residential development zoned “R-1” (Single-Family Residential District)
Future Land Use Map Analysis:
This property is in the ‘Controlled Growth’ area on the Growth Sector Map. It is designated as ‘Residential Mix’ (RM) on the City of Killeen Comprehensive Plan's Future Land Use Map (FLUM).
The ‘Controlled Growth’ sector includes areas in the city limits and approved Municipal Utility Districts (MUDs) that have access to nearby city infrastructure. 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 Killeen's fiscal health and sustainability.
The request is consistent with the following Big Ideas of the 2022 Comprehensive Plan:
1. Resource stewardship and fiscally responsible growth ensure a more prosperous community for the long haul.
5. Neighborhoods, not subdivisions, make great places for everyone.
This ‘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
§ NH4 - Build complete neighborhoods.
§ MC3 - Improve network connectivity.
Staff finds that the applicant’s request is consistent with the Killeen 2040 Comprehensive Plan.
Development Zone Analysis:
This property is located within the City of Killeen Development Zone #8. This development zone is south of Stagecoach Road, east of State Highway 195, and west of East Trimmier Road. The predominance of land uses in this zone are residential with nearly half of it being vacant or undeveloped land.
The current land use mix within this area is comprised of approximately 39.67% non-residential uses and 60.33% residential uses.
The current land use mix within this area comprises of the following acreages and percentages approximately:
District Acres Percentage
Special Districts 463.61 13.19%
Residential 1657.65 47.14%
Industrial 0.00 0.00%
Commercial 191.31 5.44%
Agricultural 1203.59 34.23%
Totals 3516.15 100.00%
Water, Sewer and Drainage Services:
Provider: City of Killeen
Within Service Area: Yes
Feasibility Study or Service Commitment: Water, sanitary sewer, and drainage utility services are located within the City of Killeen municipal utility service area and are available to the subject tract. Water and wastewater services are available on the western and southern boundaries of the tract via Tapaderos Path and Cavalcade Trail within Duncan Farms Phase 1.
Transportation and Thoroughfare Plan:
Existing conditions: Ingress and Egress to the property is through Paddock Lane and Tapaderos Path. Both of which are classified as 60-foot-wide local streets per the City of Killeen adopted Transportation Plan. Tower Hill Road (a named road) is not a paved road and is not located within a dedicated right-of-way, but it does serve the property. Staff estimates that there will be 1,274 daily trips for the proposed one hundred thirty-five (135) single-family detached homes on the site. A traffic impact analysis will be required.
PARKS AND PROPOSED TRAIL PLAN:
There are no proposed parks or trails located on this site. The developer anticipates that the subject property will yield approximately one hundred thirty-five (135) single-family lots. Based on this number, the parkland dedication requirements would be as follows:
§ Parkland Dedication: 2.02 acres
§ Fees-In-Lieu of Parkland Dedication: $ 101,250
§ Park Development Fees: $ 60,750
Environmental Assessment:
The property is in the Rock Creek Watershed and is within Zone X a FEMA-regulatory Special Flood Hazard Area (SFHA). There are no known wetland areas on the property as identified on the National Wetlands Inventory.
Public Notification:
Staff notified ninety-nine (99) surrounding property owners regarding this request. Of those property owners, fifty (50) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and eleven (11) live outside of the City of Killeen corporate limits. To date, staff has received no written responses regarding this request.
Staff Findings:
The subject property is currently vacant and zoned “A” (Agricultural District). The surrounding area includes a mix of developed single-family residential neighborhoods and mostly undeveloped residential properties. Staff finds that the applicant’s request is consistent with the policies and principles of the Killeen 2040 Comprehensive Plan.
THE ALTERNATIVES CONSIDERED:
The City Council has three (3) alternatives. The Council may:
§ Disapprove the applicant’s request to rezone from “A” (Agricultural District) to “R-1” (Single-Family Residential District);
§ Approve a more restrictive zoning district than requested by the applicant; or
§ Approve the applicant’s request to rezone from “A” (Agricultural District) to “R-1” (Single-Family Residential District).
Which alternative is recommended? Why?
Staff recommends approval of the applicant’s request to rezone from “A” (Agricultural District) to “R-1” (Single-Family Residential District).
Staff finds that the request is consistent with the policies and principles of the Killeen 2040 Comprehensive Plan, as indicated in the Comprehensive Plan Analysis. In addition, the request directly aligns with the Comprehensive Plan recommendations LU1 to use place types and complete neighborhoods as building blocks, NH4 to build complete neighborhoods, and MC3 as a means improve network connectivity. Moreover, staff is of the belief that this proposal further supports the 2022 Comprehensive Plan’s Big Ideas number one ensure resource stewardship and fiscally responsible growth ensures a more prosperous community for the long haul and Big Idea five that considers it neighborhoods, not subdivisions, that make great places for everyone.
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, subsequent development and dedication of public infrastructure will require maintenance funds over the life cycle of future 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 “A” (Agricultural) to “R-1” (Single-Family Residential District) as presented.
At their regular meeting on June 17, 2023, the Planning and Zoning Commission recommended disapproval of the applicant’s request by a vote of 4 to 2.
The consensus of the Commission was that the property should be rezoned to a more suitable “A-R1” (Agricultural Single-family Residential District) style development to provide a better density buffer to the two hundred and sixty-four (264) acre protection trust for wildlife management to the east.
Therefore, in accordance with Killeen Code of Ordinances Sec. 31-39(e), approval of the request will require the favorable vote of three-fourths (3/4) of all the members of the City Council (6 affirmative votes).
DEPARTMENTAL CLEARANCES:
This item has been reviewed by the Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Site Photos
Letter of Request
Minutes
Ordinance
Considerations
Presentation