Legistar header
                                                         
File #: PH-22-013    Version: 1 Name: Zoning 21-41
Type: Ordinance/Public Hearing Status: Passed
File created: 12/10/2021 In control: City Council
On agenda: 2/22/2022 Final action: 2/22/2022
Title: HOLD a public hearing and consider an ordinance requested by Joshua Welch on behalf of CP Summit Group, Loverd Wilson Mitchell Trust, Penelope McDonald & Ray Fread (Case #Z21-41), to rezone approximately 80.85 acres out of the J.H. Lewis Survey, Abstract No 0536, the J.W. Morton Survey, Abstract No. 0587, and the T. Arnold Survey, Abstract No. 0055, from "A" (Agricultural District), "A-R1" (Agricultural Single-Family Residential District), and "R-1" (Single-Family Residential District) to Planned Unit Development (PUD) with "SF-2" (Single-Family Residential District). The property is generally located south of Prewitt Ranch Road and East of Clear Creek Road, Killeen, Texas. (Tabled from 02/08/22 Regular City Council Meeting)
Sponsors: Development Services
Attachments: 1. Staff Report, 2. Maps, 3. Minutes, 4. Ordinance, 5. PUD Concept Plan, 6. PUD Standards, 7. Site Photos, 8. Considerations, 9. Presentation

Title

 

HOLD a public hearing and consider an ordinance requested by Joshua Welch on behalf of CP Summit Group, Loverd Wilson Mitchell Trust, Penelope McDonald & Ray Fread (Case #Z21-41), to rezone approximately 80.85 acres out of the J.H. Lewis Survey, Abstract No 0536, the J.W. Morton Survey, Abstract No. 0587, and the T. Arnold Survey, Abstract No. 0055,  from “A” (Agricultural District), “A-R1” (Agricultural Single-Family Residential District), and “R-1” (Single-Family Residential District) to Planned Unit Development (PUD) with “SF-2” (Single-Family Residential District). The property is generally located south of Prewitt Ranch Road and East of Clear Creek Road, Killeen, Texas. (Tabled from 02/08/22 Regular City Council Meeting)

 

Summary

 

DATE:                     February 1, 2022                     

 

TO:                     Kent Cagle, City Manager                     

 

FROM:                     Wallis Meshier, Director Of Planning                     

 

SUBJECT:                     ZONING CASE #Z21-41: “A” (AGRICULTURAL DISTRICT), “A-R1” (AGRICULTURAL SINGLE-FAMILY RESIDENTIAL DISTRICT), AND “R-1” (SINGLE-FAMILY RESIDENTIAL DISTRICT) TO PLANNED UNIT DEVELOPMENT (PUD) W/ “SF-2” (SINGLE-FAMILY RESIDENTIAL DISTRICT)                     

 

BACKGROUND AND FINDINGS:

 

Property Information:

 

Property Owner / Agent: CP Summit Group, Loverd Wilson Mitchell Trust, Penelope McDonald & Ray Fread / Joshua Welch

Current Zoning: “A” (Agricultural District), “A-R1” (Single-Family Garden Home Residential District), and “R-1” (Single-Family Residential District)

Proposed Zoning: Planned Unit Development (PUD) with “SF-2” (Single-Family Residential District) uses

Future Land Use Map (FLUM) Designation: ‘General Residential’ (GR)

 

Summary of Request:

 

This request, submitted by Joshua Welch, on behalf of CP Summit Group, Loverd Wilson Mitchell Trust, Penelope McDonald & Ray Fread (Case #Z21-41), is to rezone approximately 80.85 acres from “A” (Agricultural District), “A-R1” (Agricultural Single-Family Residential District), and “R-1” (Single-Family Residential District) to a Planned Unit Development (PUD) with “SF-2” (Single-Family Residential District).  The applicant intends to build approximately three-hundred and thirty-three (333) residential lots over nine (9) blocks in two phases.

 

The applicant is proposing PUD standards as described in the attached Mitchell Farm Planned Unit Development Standards.  Proposed standards include enhanced neighborhood design standards, street tree requirements, architectural standards, repetition standards, enhanced fencing standards, requirements for HOA maintained open space amenities, and a requirement for a Traffic Impact Analysis (TIA).

 

Zoning/Plat Case History:

 

The southern portion of the subject property was annexed into the city on March 16, 1999 via ordinance No. 99-16.  The property was zoned “A” and “R-1” on January 25, 2000 via Ordinance No. 00-5.  The northeast portion of the subject property was annexed into the city via Ordinance No. 07-110 on December 18, 2007, effective on January 28, 2008.  Finally, the western portion of the property was recently annexed via Ordinance No. 21-060 on October 26, 2021.  The subject property is currently unplatted.

 

Character of the Area:

 

 

Current Land Use

Zoning District

Future Land Use

North

Single-family homes

R-1 (Single-Family Residential)

General Residential (GR)

East

Single-family homes

R-1 (Single-Family Residential)

General Residential (GR)

South

Single-family homes

B-3, A, and R-1*

Suburban Commercial (SC)

West

Single-family home

R-3 (Multifamily Residential)

Suburban Residential (SR)

*B-3 (Local Business District), A (Agricultural District), R-1 (Single-Family Residential District)

 

Future Land Use Map Analysis:

 

This property is designated as ‘Rural’ (R), ‘Suburban Residential’ (SR), and ‘General Residential’  (GR) on the Future Land Use Map (FLUM) of the Comprehensive Plan.

 

The proposed ‘General Residential’ (GR) designation encompasses most existing residential arears within Killeen.  The 6,000 square foot minimum lot size in the predominant “R-1” zoning district results in less openness and separation between dwellings compared to Suburban residential areas.  It is auto-oriented character (especially where driveways and front-loading garages dominate the front yard and building facades of homes), which can be offset by “anti-monotony” architectural standards, landscaping, and limitations on “cookie cutter’” subdivision layouts characterized by straight streets and uniform lot sizes and arrangement.

 

The ‘Rural’ (R) designation encourages the following development types:

                     Residential homesteads;

                     Planned development to accommodate conservation and cluster residential designs;

                     Agricultural uses;

                     Agriculture-focused commercial retail;

                     Public/institutional;

                     Parks and public spaces; and

                     Natural and protected floodplain areas.

 

The ‘Suburban Residential’ (SR) designation encourages the following development types:

                     Detached residential dwellings;

                     Planned developments to provide for other housing types in a Suburban character setting;

                     Public/institutional; and

                     Parks and public spaces.

 

The ‘General Residential’ (GR) designation encourages the following development types:

                     Detached residential dwellings as a primary focus.

                     Attached housing types subject to compatibility and open space standards (e.g., duplexes, townhomes, patio homes)

                     Planned developments, potentially with a mix of housing types and varying densities, subject to compatibility and open space standards.

                     Public/institutional

                     Parks and public spaces

 

The request is partially consistent with the Future Land Use Map (FLUM) of the Comprehensive Plan.  However, the applicant submitted a concurrent request to amend the Future Land Use Map (FLUM) from ‘Rural’ (R), ‘Suburban Residential’ (SR), and ‘General Residential’ (GR) to ‘General Residential’ (GR).

 

Water, Sewer and Drainage Services:

 

Provider: City of Killeen

Within Service Area: Yes

Feasibility Study or Service Commitment: Water, sanitary sewer and utility services are located within the City of Killeen municipal utility service area and available to the subject tract.

 

Transportation and Thoroughfare Plan:

 

Ingress and egress to the property is from Reese Creek Road to the south, which is classified as 70’ wide Collector street, and Clear Creek Road to the west, which is classified as a 120’ Principal Arterial on the City of Killeen Thoroughfare Plan.  Access from Clear Creek Road will be right-in/right-out only.

 

Environmental Assessment:

 

The property is not within any FEMA regulatory Special Flood Hazard Area (SFHA). There are no other known wetland areas on or adjacent to the property as identified on the National Wetlands Inventory.

 

Public Notification:

 

Staff notified one-hundred and ninety-one (191) surrounding property owners regarding this request. 

 

Of those property owners notified, eighty-two (82) reside outside of the 200-foot notification boundary required by the State, but within the 400-foot notification boundary required by Council; and twenty-nine (29) reside outside of Killeen.

 

As of the date of this staff report, no responses have been received regarding this request.

 

Staff Findings:

 

The current zoning of the subject property is “A” (Agricultural District), “A-R1” (Agricultural Single-Family Residential District), and “R-1” (Single-Family Residential District).  The surrounding area includes predominantly residential uses.  The area to the north and east are existing single-family residential developments.  To the west is an existing single-family home on approximately 19.5 acres of land.  To the south is a legal non-conforming single-family home zoned "B-3” (Local Business District), existing single-family homes on large lots zoned “R-1” (Single-Family District), and single-family home on approximately 43.4 acres of land zoned “A” (Agricultural District).

 

Staff finds that the proposed development is in keeping with the predominantly single-family character of the area.  Further, staff finds that the proposed development, if approved, would provide for the principles of density and common open space as described is Killeen Code of Ordinances Sec. 31-800.

 

If approved, the proposed development will include approximately 5.21 acres of open space, as described in the attached PUD standards.  This results in a Level of Service of approximately 5.23 acres of open space per 1,000 residents, which exceeds the target Level of Service identified in the Parks Master Plan.

 

 

THE ALTERNATIVES CONSIDERED:

 

The City Council may:

                     Disapprove the applicant’s PUD request;

                     Approve the proposed PUD with additional and/or amended conditions; or

                     Approve the PUD as presented.

 

Which alternative is recommended? Why?

 

In the spirit of compromise, staff recommends approval of the PUD as presented.  If approved, the proposed development will be a high-quality development with open space amenities and neighborhood design standards that far exceeds the City’s current minimum standards.

 

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. 

 

RECOMMENDATION:

 

At their regular meeting on January 3, 2022, the Planning and Zoning Commission recommended approval of the applicant’s request - with the condition that the east/west street be moved north to shorten the block length of the northern block - by a vote of 5 to 1 with Commissioner Ploeckelmann in opposition.

 

Commissioner Ploeckelmann expressed concern regarding density and the fact that the proposed development would have on-street parking on one side of the street, only.

 

Since that time, the applicant has addressed the Commission’s concern about the location of the east/west street by moving it north approximately 100 feet.  The applicant has also addressed concerns regarding parking by modifying the proposal to include 30-foot streets with parking on both sides.

 

 

DEPARTMENTAL CLEARANCES:

 

This item has been reviewed by the Planning and Legal staff.

 

ATTACHED SUPPORTING DOCUMENTS:

 

Maps

Mitchell Farm PUD Standards

Mitchell Farm PUD Concept Plan

Site Photos

Considerations