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File #: PH-17-004B    Version: 1 Name: Zoning 16-25
Type: Ordinance/Public Hearing Status: Passed
File created: 1/12/2017 In control: City Council
On agenda: 2/14/2017 Final action: 2/14/2017
Title: HOLD a public hearing and consider an ordinance requested by Theresa Marie Hammond and Yong Ok Lee (Case #Z16-25) to rezone Lots 6 and 8, Block 4, Sunset Addition, from “R-1” (Single-Family Residential District) to “B-5” (Business District). The properties are locally known as 307 and 309 Carter Street, Killeen, Texas.
Sponsors: Development Services
Attachments: 1. Council Memorandum, 2. Attachment to CCMO, 3. Minutes, 4. Ordinance, 5. Application, 6. Location map, 7. Buffer map, 8. Considerations

TITLE

 

HOLD a public hearing and consider an ordinance requested by Theresa Marie Hammond and Yong Ok Lee (Case #Z16-25) to rezone Lots 6 and 8, Block 4, Sunset Addition, from “R-1” (Single-Family Residential District) to “B-5” (Business District). The properties are locally known as 307 and 309 Carter Street, Killeen, Texas.

 

SUMMARY

 

AGENDA ITEM

 

ZONING CASE #Z16-25 “R-1” (SINGLE-FAMILY RESIDENTIAL DISTRICT) TO “B-5” (COMMERCIAL DISTRICT)

 

ORIGINATING DEPARTMENT

 

PLANNING & DEVELOPMENT SERVICES

 

This request is submitted by Theresa Marie Hammond and Yong Ok Lee to rezone Lots 6 and 8, Block 4, Sunset Addition, from “R-1” (Single-Family Residential District) to “B-5” (Business District) for a proposed barbershop and cafe. The properties are located at 307 and 309 Carter Street, Killeen, Texas. The applicant has also submitted a request for a Future Land Use Map (FLUM) amendment from ‘General Residential’ to ‘General Commercial’ to accompany this request.

 

District Descriptions:

A building or premises in a district “B-5” Business District shall be used only for the following purposes:

 

(1) Any use permitted in the "B-4" district

(2) Building material and lumber sales (outside storage permitted)

(3) Storage warehouse, greater than twenty-five thousand (25,000) square feet

(4) Veterinarian clinic or pet kennel with outside pens

(5) Railroad or bus passenger terminal

(6) Tire recapping or retreading

(7) Impound yards provided no salvaging or dismantling is allowed on the property , and site is properly screened

(8) Any commercial use not included in any other district, provided such use does not involve salvaging, manufacturing, or industrial type storage or dismantling, and is not noxious or offensive because of odors, dust, noise, fumes, or vibrations

(9) Mobile home sales

(10) Tattooing (as licensed per V.T.C.A., Health and Safety Code ch. 146, as amended)

 

Property Specifics

 

Applicants/Property Owners: Theresa Marie Hammond and Yong Ok Lee

 

Property Location: The subject properties are addressed as 307 and 309 Carter Street, Killeen, Texas.

 

Legal Description:  Lots 6 and 8, Block 4, Sunset Addition

 

Zoning/ Plat Case History:

 

§                     The last zoning activity for this property was approval of a Specific Use Permit (SUP) per Ordinance #00-80 to allow for commercial parking at the rear of the house located at 309 Carter Street.  That SUP was for a period of five (5) years.

 

§                     The subject lots are platted as part of Sunset Addition, which was filed for record in Cabinet A, Slide 152-B, Plat Records of Bell County, Texas.

 

Character of the Area

 

Existing Land Use(s) on the Property:  This is a residential neighborhood with existing single-family structures.

 

Historic Properties:  There are no historic structures on this property.

 

Figure 1. Zoning Map

 

See attachment.

 

Infrastructure and Community Facilities

 

Water, Sewer and Drainage Services: 

Provider: City of Killeen

Within Service Area: Yes

Feasibility Study or Service Commitment:  Water and sewer infrastructure is immediately available to the property.  The property owners and their agents are cautioned that unknown or unforeseen site conditions may require remedial action to provide safe and adequate water, sewer, or drainage service to the property.  Further, City of Killeen development regulations require that capacity analyses related to development of the property are the sole responsibility of the owner.  The owner or his agents, acting as the permit applicant for the subject property, shall coordinate tie-in to all publicly dedicated infrastructure with the Public Works Department.

 

Transportation:

Existing conditions: Carter Street is classified as a 60’ local street on the City’s adopted thoroughfare P\plan.

Proposed Improvements: There are no proposed improvements.

Projected Traffic Generation: Undetermined.

 

Environmental Assessment

 

Topography/Regulated Floodplain/Floodway/Creek:  This site does not lie within a FEMA regulatory Special Flood Hazard Area (SFHA).

 

Land Use Analysis

Land Use Plan: This area is designated as ‘General Residential’ on the Future Land Use Map (FLUM) of the Comprehensive Plan.

 

Plan Recommendation:  The Comprehensive Plan’sGeneral Residential’ designation encompasses detached, residential dwelling units, attached housing types, planned developments, and parks and public/ institutional places.  The Comprehensive Plan considers ‘General Residential’ to be of a medium intensity category/character and states that “neighborhood-scale commercial uses are expected to emerge over time and should be encouraged on sites and in locations within (or near the edge of) ‘General Residential’ areas that are best suited to accommodate such uses while ensuring compatibility with nearby residential uses.” 

 

Consistency: This request is not consistent with the Comprehensive Plan; the Planning and Zoning Commission recommended approval of ‘Residential-Commercial Mix’ (RC-MIX), which allows a mix of residential types and a variety of commercial and light industrial activities at their meeting of January 23, 2017. 

 

Public Notification

 

The staff notified twenty-four (24) surrounding property owners regarding this request. Staff has received no protests.

 

Recommendation

 

The Planning & Zoning Commission recommended approval of “B-2” (Local Retail District) by a vote of 7 to 0.  The “B-2” zoning district will allow a barbershop and café and is the most restrictive district in which the proposed uses are allowed.