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HOLD a public hearing and consider an ordinance submitted by Avanti Legacy Westwood, LP, on behalf of WB Whitis Investments, Ltd., (Case #Z24-06) to rezone approximately 3.6277 acres, being Lot 1, Block 1, Fox Creek Commercial Phase One from “B-5” (Business District) to a Planned Unit Development (PUD) with “R-3A” (Multifamily Apartment Residential District) uses. The subject property is locally addressed as 3001 Illinois Avenue, Killeen, Texas.
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DATE: August 20, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Zoning Case # 24-06: “B-5” (Business District) to PUD (Planned Unit Development w/”R-3A” (Multifamily Apartment Residential District) uses
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: WB Whitis Investments, Ltd.
Agent: Avanti Legacy Westwood, LP
Current Zoning: “B-5” (Business District)
Proposed Zoning: PUD (Planned Unit Development) w/”R-3A” (Multifamily Apartment Residential District)
FLUM Designation: ‘Residential Mix’ (RM)
Growth Sector Designation: ‘Neighborhood Infill’
Summary of Request:
Avanti Legacy Parkview, LP submitted a request, on behalf of WB Whitis Investments, Ltd., to rezone approximately 3.62 acres, being Lot 1, Block 1, Fox Creek Commercial Phase One from “B-5” (Business District) to Planned Unit Development (PUD) with “R-3A” (Multifamily Apartment Residential District) uses.
If approved, the applicant intends to develop a tax credit multifamily apartment development for seniors (55 years and up) consisting of one hundred and two (102) units.
The proposed senior apartment complex shall not exceed four stories. The apartment complex will provide a fully furnished clubhouse and amenity spaces. The clubhouse shall have a minimum average ceiling height of eight (8) feet. The development will provide a community laundry room, a business center equipped with computers and a printer, and a fitness center. The proposed development received a resolution of support from the City Council on February 13, 2004 (Resolution No. 24-032R).
The applicant is proposing PUD standards as described in the attached PUD Features and Regulations document.
The requested deviations from the ordinance are as follows:
• Density. Increased site density to accommodate one hundred and two (102) units. Sec. 31-256.3(b)(1) requires two thousand five hundred (2,500) square feet per dwelling unit. Based on this, the site can only accommodate sixty-nine (69) units. The applicant is proposing to accommodate the increase with the fourth story.
• Building height. Increased building height allowance without the required building setback increase. Sec. 31-256.2 states that buildings “shall not exceed thirty-five (35) feet except by providing an additional one (1) foot to every applicable setback distance as provided under Sec. 31-256.3, for each two (2) feet of additional building or structure height over thirty-five (35) feet.” To meet the density requirement, the applicant is proposing a four (4) story building that could reach forty-five feet in height.
• Building setbacks. No building setbacks to allow for a more amenable urban look for the development. The applicant is proposing placing the site parking in the rear of the development and placing the structure close to the frontage of Illinois Avenue. The required front yard setback in the “R-3A” zoning district is twenty-five (25) feet. However, the proposed PUD has no required front yard setback. The proposed structure will be located directly on the front property line.
• Architectural standards. A deviation from the vertical articulation requirement that there shall not be an uninterrupted length greater than thirty (30) feet. The applicant is proposing to increase this to thirty-six (36) feet. The applicant is also requesting not to provide balconies as required by Sec. 31-908(a)(2).
• Landscaping. To deviate from the from the Code regarding the required placement of landscaping. The Code requires landscaping in front of the building. However, because the building is directly adjacent to the front property line, landscaping will be provided on the side and rear property lines. This will also serve as a buffer between the proposed development and the adjacent single-family residences. However, the site will still provide the required number of trees and shrubs in accordance with Sec. 31-885.
• Screening. Variations in the height and location of the required screening devices adjacent to the more restrictively zoned property to the west and north. The applicant is proposing a 6-foot precast concrete wall screening and a landscape buffer area with the site design.
• Parking. The applicant is proposing one hundred and seven (107) parking stalls in lieu of the one hundred and seventy-one (171) required by Sec. 31-489. In accordance with Sec. 31-802(h), “parking area and number of spaces should generally follow regulations for applicable uses prescribed in this chapter but may be increased or decreased as deemed necessary by the planning and zoning commission.”
Zoning/Plat Case History:
The subject property was annexed into the City limits on September 9, 1962. The property was rezoned from “R-1” (Single-family Residential District) to “B-5” (Business District) on February 26, 1985, via Ordinance No. 85-9. The property was platted as Fox Creek Commercial Phase One, Block 1, Lot 1 on June 11, 1997.
Character of the Area:
North: Existing residential zoned “R-1” (Single-Family Residential District)
South: Vacant property zoned CUP (Community Unit Plan) w/“R-1” (Single-Family Residential District)
East: Existing residential zoned CUP (Community Unit Plan) w/“R-1” (Single-Family Residential District)
West: Existing commercial businesses zoned “B-5” (Business 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’ (RM) on the Future Land Use Map (FLUM) of the City of Killeen Comprehensive Plan.
This ‘Neighborhood Infill’ growth sector includes already developed areas with access to city services and infrastructure but have vacant, underutilized, or poorly developed properties.
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 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.
The request supports or furthers the following Comprehensive Plan recommendations:
§ LU3 - Encourage incremental evolution of neighborhoods.
§ NH3 - Diversity housing mix.
§ NH4 - Build complete neighborhoods.
Staff finds that the applicant’s request is consistent with the City of Killeen Comprehensive Plan.
Development Zone Analysis:
This property is located within the City of Killeen Development Zone #3. This development zone is bounded by N. Fort Hood Street to the west, S. Roy Reynolds Drive to the east, Veterans Memorial Boulevard to the north, and Interstate Highway 14 to the south.
Current land use mix within this area comprises approximately:
37.6% non-residential uses
62.4% residential uses
The current land use mix within this area comprises of the following acreages and percentages approximately:
District Acres Percentage
Special Districts 81.61 2.74%
Residential 1779.03 59.66%
Industrial 273.37 9.17%
Commercial 847.76 28.43%
Agricultural 0.00 0.00%
Totals 2981.78 100.00%
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 and is available to the subject tract.
Water services are available on the western boundary of the tract via an existing 8” water line located along the eastern right-of-way of Illinois Avenue. An existing 6” water line is located along the southern boundary of the property along the southern right-of-way of Phoenix Drive.
Wastewater services are available via an existing 12” wastewater line bisects the property and is in an existing 20’ wide easement (Cabinet C, Slide 106-A). Additional wastewater infrastructure may be required.
The property is in the Little Nolan Creek drainage area. According to City of Killeen GIS maps of the area, an existing drainage culvert (unknown diameter) is located at the southeast corner of the tract and crosses Phoenix Drive from north to south. An existing 50’ wide drainage easement containing a grass-lined ditch is located along the eastern boundary of the tract. The drainage easement is maintained by the city.
Transportation and Thoroughfare Plan:
Ingress and egress to the property is via Phoenix Drive (a 60’ wide Residential Collector) and Illinois Avenue (a 70’ wide Mixed-Use Collector). The current zoning classification is “B-5” and the associated uses would generate a moderate volume of traffic. Based on the proposed zoning classification of PUD/R-3A and the Conceptual Site Plan, the estimated number of daily trips is seven hundred and forty-seven (747). A traffic impact analysis is not 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 and two (102) multifamily units. Based on this number, the parkland dedication requirements would be as follows:
§ Parkland Dedication: 1.326 acres
§ Fees-In-Lieu of Parkland Dedication: $ 66,300
§ Park Development Fees: $ 25,500
§ Total Park Fees: $91,800
Environmental Assessment:
The property is within Zone X FEMA-regulatory Special Flood Hazard Area (SFHA), per FEMA Flood Insurance Rate Map 48027C0280E, with effective date September 26, 2008 (A Letter of Map Revision was filed on 10/7/13 for this FIRM (LOMR 13-06-2244P)). According to the National Wetlands Inventory, no portion of the property is in a riverine habitat or adjacent to a stream classified as “Waters of the United States”.
Public Notification:
Staff notified sixty-one (61) surrounding property owners regarding this request. Of those property owners, thirty-one (31) reside outside the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by the Council, and sixteen (16) live outside of the City of Killeen corporate limits. To date, staff has received one written response in support, regarding this request.
Staff Findings:
The current zoning of the subject property is “B-5” (Business District). The surrounding area includes predominantly residential uses. Staff finds that the applicant’s request is consistent with the recommendations of the City of Killeen Comprehensive Plan.
THE ALTERNATIVES CONSIDERED:
The City Council may:
§ Disapprove the applicant’s zoning request; or
§ Approve the proposed PUD with conditions; or
§ Approve the applicant’s zoning request as presented
Which alternative is recommended? Why?
Staff recommends approval of the applicant’s request to rezone the property from “B-5” (Business District) to PUD (Planned Unit Development) w/”R-3A” (Multifamily Apartment Residential District).
Staff finds that the proposed development will provide housing options within the area and promote aging-in-place and inclusionary housing by providing high-quality affordable housing for elderly members of the community with available miscellaneous amenities.
In addition, staff is of the determination that the proposed development is compatible with the prevailing commercial and residential character of the area.
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?
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 “B-5” (Business District) to PUD (Planned Unit Development) w/“R-3A” (Multifamily Apartment Residential District) uses as presented.
At their regular meeting on July 15, 2024, 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:
Maps
Site Photos
Letter of Request
PUD Conditions
Property Survey
Concept Site Plans
Preliminary Amenities List
Hold Harmless Letter
Minutes
Ordinance
Response
Considerations
Presentation