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File #: 23-357    Version: 1
Type: New Business Status: Approved
File created: 5/3/2023 Meeting Body: City Council
On agenda: 5/16/2023 Final action: 5/16/2023
Title Search: Consider a resolution approving a special exception to the City of Keller Unified Development Code, Article 9, Development Standards, Section 9.05 - Sign Regulations, for two movement control signs for Kroger grocery store, located on 6.6 acres on the east side of Rufe Snow Drive, approximately 440 feet southeast from the intersection of North Tarrant Parkway and Rufe Snow Drive, legally described as Lot 2R1, Block A of Keller Place Addition, zoned Retail (R) and addressed 2061 Rufe Snow Drive. Whitestone Keller Place, LLC, Owner; Kroger Texas - Richard Binkley, Applicant. (UDC-23-0005)
Attachments: 1. 051623_Kroger Sign Variance_Resolution, 2. 051623_Kroger Sign_Staff Attachment - Application and Letter, 3. 051623_Kroger Sign_MAPS, 4. 051623_Kroger Sign_Exhibit A-Sign Package, 5. Presentation: Item I-5 Kroger Sign Variance

To:                     Mark Hafner, City Manager

From:                     Sarah Hensley, Interim Community Development Director

Subject:                     

Title

Consider a resolution approving a special exception to the City of Keller Unified Development Code, Article 9, Development Standards, Section 9.05 - Sign Regulations, for two movement control signs for Kroger grocery store, located on 6.6 acres on the east side of Rufe Snow Drive, approximately 440 feet southeast from the intersection of North Tarrant Parkway and Rufe Snow Drive, legally described as Lot 2R1, Block A of Keller Place Addition, zoned Retail (R) and addressed 2061 Rufe Snow Drive. Whitestone Keller Place, LLC, Owner; Kroger Texas - Richard Binkley, Applicant. (UDC-23-0005)

Body

 

Background:

The Kroger grocery store located at 2061 Rufe Snow Drive began pursuing a Specific Use Permit (SUP) late last year to operate a fuel center in the southwest corner of their parking lot. As a result of that process, surrounding residents, particularly those in the adjacent neighborhood to the east, voiced concerns regarding late night/early morning deliveries and idling vehicles.

 

In response to the resident concerns, Kroger is proposing to install movement control signs at the north and south access points to the loading area behind the store. The proposed signs, which indicate the allowable times for deliveries per the Unified Development Code (UDC), exceed the size allowed by code, and thus require a special exception.

 

Sign Size and Material:

The proposed signs are double-faced aluminum, internally illuminated and include doors and reinforcements to secure to the hidden concrete base. Each sign measures 5’ in height and 2.5’ in width for a total of 12.5 square-feet. The UDC allows movement control signs only up to 4’ in height and 6 square-feet in total size.

 

Special Exception(s) Requested:

The applicant is requesting a special exception to UDC Section 9.05(D.7) Table 4 - Commercial District Detached Signs to allow two movement control signs to be 5’ in height and measure 12.5 square-feet in total size.

 

Summary:

Section 9.05(B)(4)(a) of the Unified Development Code (UDC) lists criteria for approval of a special exception to the sign code:

 

1.             Whether the requested exception will not adversely affect public safety,

 

2.              Whether the requested exception will not adversely affect surrounding properties,

 

3.               Whether the requested exception will be in harmony with the spirit and purpose of this sign code,

 

4.               Whether special conditions exist which are unique to the applicant or property,

 

5.               Whether the requested exception demonstrates increased quality and standards, and

 

6.               Whether the requested exception will be aesthetically appropriate in the area.

 

 

Citizen Input:

A UDC special exception application does not require a public hearing. The public will have an opportunity to speak on this agenda item at the “Persons to Be Heard.”

                     

Planning and Zoning Commission Recommendation:

At their April 25, 2023 meeting, the Planning and Zoning Commission unanimously recommended approval of the proposed movement control signs as submitted.

 

Alternatives:

The City Council has the following options when considering a UDC special exception request:

 

§                     Approve as submitted (with requested special exception).

§                     Approve with modified or additional condition(s).

§                     Table the agenda item to a specific date with clarification of intent and purpose.

§                     Deny.