To: Mark Hafner, City Manager
From: Sarah Hensley, Assistant Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving amendments to the City of Keller Unified Development Code (UDC), adopted by Ordinance No. 1746 dated July 7, 2015, by amending Article Eight - Zoning Districts, relating to supplemental regulations for fuel pumps in the Retail Zoning District; providing penalties; authorizing publication; and establishing an effective date. (UDC-23-0004)
Body
Action Requested:
Conduct a public hearing and consider an ordinance approving amendments to the City of Keller Unified Development Code (UDC) by amending the supplemental regulations related to fuel pumps associated with large grocery stores located in the Retail Zoning District.
Background:
In October 2022, City Council approved an amendment to the UDC that added supplemental regulations for the Retail Zoning District to allow fuel pumps associated with a 50,000-square-foot or larger grocery store via a Specific Use Permit (SUP). The adopted regulations were identical to the supplemental regulations related to fuel pumps in place for the Town Center Zoning District and included the following guidelines:
1. Specific Use Permit (SUP) requirement
2. May only come in as an accessory use with a grocery or food store, fifty-thousand (50,000) square-feet or larger in size
3. Kiosks allowed (<350 square-feet by right if SUP approved; larger by variance)
4. No convenience stores allowed
5. Limited to 4 fueling dispensers
On December 13, 2022, the Planning and Zoning Commission (P&Z) considered a request by an applicant (South Rufe Snow Kroger Grocery Store) to amend the UDC to permit five (rather than only four) dispensers for the Retail Zoning District. The P&Z recommended an amendment to allow up to 6 fueling dispensers by a vote of five to two. However, on January 17, 2023, the City Council denied the request by a vote of two to four. The Council noted concerns raised by residents from the adjacent neighborhood regarding after-hours deliveries and trash on the site, in addition to equity concerns with existing fueling stations with only four dispensers.
Kroger resubmitted a request for a UDC amendment to the supplemental regulations for the Retail Zoning District to allow up to 5 fueling dispensers. (Kroger also resubmitted their SUP request which is on the agenda as a separate item.) Staff proposed language for consideration of up to six dispensers given the previous discussions at the Planning and Zoning Commission. The proposed amendments also remove language related to pumps to avoid nomenclature confusion and instead focuses only on dispensers (rather than also on pumps). Staff recommends this approach since a single dispenser may have varying number of pumps and types of fuel (regular versus diesel, etc.).
Proposed Amendments:
See Staff Attachment - Redline of proposed changes for the Retail Zoning District related to fuel dispensers. The condition recommended by the Planning and Zoning Commission that would require a minimum of four dispensers is highlighted in yellow. Whether four, five, or six fueling dispensers, all such requests would require an SUP,
Summary:
The UDC Amendment retains the SUP requirement for fuel dispensers (regardless of the number), removes language specifying the number of pumps, maintains the Commission recommendation of a minimum of 4 dispensers, and provides the ability for Applicants to request up to 6 dispensers in the Retail Zoning District.
Citizen Input:
An amendment to the text of the UDC requires a public hearing notice to be published in the local newspaper ten (10) days prior to the scheduled Planning and Zoning Commission meeting date and fifteen (15) days prior to the City Council Meeting Date. Notices were published in the March 5, 2023 and March 21, 2023 editions of the Fort Worth Star-Telegram for the respective Planning and Zoning Commission and City Council public hearings.
As of today, Staff has not received any written comments from the public on the proposed UDC Amendments. Two residents spoke at the Planning and Zoning Commission public hearing. One expressed concern over the notification process for the item, and the other requested clarification on the guidelines for the Town Center Zoning District as they compare to the proposed amendments affecting the Retail Zoning District.
Planning and Zoning Commission Recommendation:
On Mar. 14, 2023, the Commission voted unanimously to recommend approval of the proposed UDC amendments, with the condition that the language be modified to require a minimum of four fueling dispensers.
Alternatives:
The City Council has the following options when considering an amendment to the text of the UDC:
§ Approve as submitted.
§ Approve as recommended 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.