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Hold a public hearing and consider an ordinance submitted by Theresa Lau on behalf of 440 Group, Ltd. (Case# Z25-28) to rezone approximately 0.04 acres out of Lot 4, Block 1 of the 440 Plaza Shopping Center addition, from "B-5" (Business District) to "B-5" (Business District) with a "CUP" (Conditional Use Permit) to allow for the sale of alcoholic beverages for on-premises consumption. The subject property is locally addressed as 1044 South Fort Hood Street, Killeen, Texas.
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DATE: November 4, 2025
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Exec. Dir. Of Dev. Serv.
SUBJECT: Zoning Case # Z25-28: "B-5" to "B-5" w/"CUP"
BACKGROUND AND FINDINGS:
Property Information:
Property Owner: 440 Group, Ltd.
Current Zoning: "B-5" (Business District)
Proposed Zoning: "B-5" (Business District) with a Conditional Use Permit (CUP) to allow for the sale of alcoholic beverages for on-premises consumption.
Current FLUM Designation: 'Regional Commercial'
Conditional Use Permit: Sec. 31-456(a), the purpose of the conditional use permit process is to identify those land uses that may be appropriate within a zoning district.
Summary of Request:
The applicant's request is for a Conditional Use Permit (CUP) to allow the sale and on-premises consumption of alcohol in conjunction with a proposed bookstore and caf?, which will serve both cocktails and non-alcoholic drinks. Alcohol service will be secondary to the primary use as a bookstore and caf?.
Killeen Code of Ordinances Chapter 31 Compliance:
The subject property is currently zoned "B-5" (Business District). Per Section 31-306.1 - Supplemental standards for restaurants engaged in the on-premises sale and consumption of alcohol: "During any consecutive twelve-month period, a restaurant shall not obtain more than fifty (50) percent of its gross receipts from the on-premises sale of alcoholic beverages." In order to ensure compliance with this section, the applicant was advised to apply for a Conditio...
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