To: Mark Hafner, City Manager
From: Sarah Hensley, Assistant Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for fuel pumps/sales as an accessory use to a grocery store on 6.6 acres located 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. (SUP-23-0008)
Background:
Kroger Texas, Applicant, proposes to add a fuel center to the existing Kroger Grocery Store located at 2061 Rufe Snow Drive. The center will include a 179-square-foot kiosk and 5 fuel dispensers with 2 gasoline pumps on each side, plus 3 diesel pumps on the dispensers closest to the store. This request first came to the Commission in December 2022 but was tabled by City Council earlier this year and then withdrawn by the Applicant.
Below is a brief timeline of the Applicant’s Specific Use Permit (SUP) requests to date:
Dec. 13, 2022: Unanimous recommendation by P&Z to approve the Applicant’s request for five dispensers with the conditions that the canopy architectural structure match the existing store building and that the columns be masonry.
Jan. 17, 2023: Tabled by City Council to February 7, 2023 to allow the Applicant time to consider limiting the number of dispensers to four. The Applicant later chose to withdraw their request prior to the February meeting.
After addressing several concerns related to their existing site (discussed below), the Applicant resubmitted their SUP request on February 27, 2023
The Applicant is requesting one SUP:
1. For the Kroger located at 2061 Rufe Snow Drive to operate fuel pumps/sales as an accessory use to a grocery store in the Retail zoning district with up to 5 fueling dispensers (2 gasoline dispensers on each side, plus 1 diesel pump on each of the 3 dispensers closest to the store).
Site Design:
The Applicant proposes to add an approximately 179-square-foot kiosk with 5 dispensers. The underground tanks supplying the dispensers must comply with state and federal law related to underground storage tanks as well as adhere to the Fire Department permitting and inspection guidelines. The Council asked what role the City plays in terms of oversight including the installation of the tanks. Besides acquiring the requisite Texas Commission on Environmental Quality (TCEQ) permit, any entity installing tanks in the city must also obtain a permit from Fire Prevention in the Fire Department. There are several on-site tests that are done related to that permit. This process is explained in detail in Staff Attachment E. Other requirements including mandatory emergency signage and dispensing limitations are also in Staff Attachment E. The Applicant has also provided information on their processes related to tank installation. These procedures exceed the state and federal requirements. (See Staff Attachment B.)
The kiosk and dispensers will be located under a canopy, which will be aesthetically compatible with the existing grocery store elevations, have stone columns as previously requested by P&Z, and be no more than 25’ in height according to the UDC supplemental regulations. The kiosk will be staffed by an attendant between the hours of 6 a.m. - 10 p.m. for fuel and concession sales. The Applicant is requesting to have fuel sales via pay at the pump available 24/7. However, the Commission recommends limiting these hours to the hours the kiosk is manned. By comparison, the Tom Thumb fuel kiosk is open 6 a.m. to 10 p.m. and their fuel dispensers are available 24/7.
The site requires 240 regular and 7 accessible parking spaces; the Applicant is proposing 265 regular and 9 accessible parking spaces. Because the parking exceeds the Code requirement by more than 10%, the UDC requires an additional 50 square-feet of landscaping for each additional space over the 10% threshold (in this case, 1 space, or 50 square-feet). However, the Kroger site has approximately 18,000 square-feet excess landscaping, so no additional landscaping would be needed.
No changes are proposed to the two existing access points off Rufe Snow Drive.
Since the January City Council meeting, the Applicant has submitted applications to install two monument signs on either side of the store with the delivery hours and the no idling requirement. The signs will require City Council approval of a variance for the size, which will be on a future agenda. The Applicant also has implemented internal processes for maintaining the loading area directly behind the store and adjacent to the neighborhood to the east so that pallets and other similar items do not clutter the site .
The Applicant will be required to submit a full Site Plan Amendment application if the SUP is approved.
Proposed Hours of Operation:
Monday - Sunday: 24 hours/day via pay at the pump; attendant on duty 6 a.m. - 10 p.m.
Trip Generation:
A trip generation form was reviewed by Staff, and no changes to the infrastructure will be required for the proposed use.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering an SUP request, the City Council shall consider the following factors:
1) The use is harmonious and compatible with surrounding existing uses or proposed uses;
2) The activities requested by the applicant are normally associated with the permitted uses in the base district;
3) The nature of the use is reasonable and appropriate in the immediate area;
4) Any negative impact on the surrounding area has been mitigated; and
5) That any additional conditions specified ensure that the intent of the district purposes are being upheld.
Citizen Input:
On March 2, 2023 the City mailed out 36 Letters of Notification for this Public Hearing to all property owners within three-hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site. The Applicant reached out to the Fall Creek Estates Homeowners Association (located south of the site) at the beginning of the SUP process and received feedback that the neighborhood would like to see the fuel station moved closer to the store than shown on the preliminary site plan. Kroger has made that adjustment as shown on the attached Concept Plan.
As of today, Staff has received five written letters of opposition from the public related to the most recent SUP request. Four of the letters were from property owners within the 200-foot buffer and total 5.83% of the land within that buffer. As of the writing of this staff memo, the supermajority voting requirement had not been triggered. The fifth letter came from a resident in the Fall Creek Estates neighborhood south of the subject property, outside the 200- and 300-foot buffers.
At the Planning and Zoning Commission public hearing on March 14, 2023, eight residents spoke in opposition to the proposed SUP. They expressed concerns regarding increased traffic, crime, light and noise pollution, runoff, trash and other potential environmental impacts.
SUP Request:
1. To operate fuel pumps (5 dispensers)/sales as an accessory use to a grocery store larger than 50,000 square feet in the Retail zoning district.
Planning and Zoning Commission Recommendation:
On March 14, 2023, the Planning and Zoning Commission voted 6-1 to recommend approval of the SUP with two conditions:
1. The Applicant shall be required to participate in the city’s Trash Bash and Adopt-a-Spot programs. (The Commission intended that the Kroger would adopt the trail area immediately to the south. However, the Applicant has concerns about this condition because Kroger is not responsible for all of the trash and also because part of the property is privately owned. Kroger asked how the Adopt-A-Spot would be enforced. Staff suggests it may be difficult to meaningfully measure whether the Adopt-A-Spot area was being sufficiently maintained in order not to violate the SUP.)
2. The hours of operation for fuel pumps shall mirror the hours the kiosk is staffed.
(The Applicant is requesting the ability for the customers to use the fuel dispensers 24/7.)
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
§ Approve as submitted.
§ Approve as recommended with two conditions by the Planning and Zoning Commission.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.