To: Planning and Zoning Commission
From: Sarah Hensley, Director of Development Services
Subject:
Title
Consider a request for a Site Plan with variances for Kroger, a proposed 99,992 square-foot grocery store with fuel pumps, pharmacy with drive-thru and pick-up area, located on approximately 17.58 acres on the north side of Keller Parkway, at the northeast corner of the intersection of Town Center Lane and Keller Parkway, legally described as Lots 1 and 2, Block A, Kroger - Rufe Snow Addition, Inside TIF Boundary Split, zoned Town Center and addressed 1025 Keller Parkway. Clay Cristy, Applicant. Kroger Texas LP, Owner. (SITE-2604-0003)
Background:
The purpose of this item is to review the request for a Site Plan with variances for a new Kroger grocery store. Per Unified Development Code (UDC) Section 4.15(D), all site plans within the Town Center zoning district must be considered by City Council after a recommendation by the Planning and Zoning Commission.
If this project moves forward, the Applicant intends to close the existing Kroger store at the southwest corner of the Keller Parkway and Rufe Snow Drive intersection.
In 2016, City Council unanimously approved a similar project for Kroger at the same location, which included a 123,590 square-foot grocery store with fuel pumps and pharmacy with drive-thru. That project did not progress to the next development phases, and all previous approvals have expired.
The Applicant has also applied for a Specific Use Permit for the proposed grocery store, to include fuel pumps, pharmacy with drive-thru, outdoor display and seasonal sales. That application is on the agenda as a separate item.
Site Layout and Parking: Variances Requested
The site features layout features the 99,992 square-foot grocery store situated approximately 153 feet from the north property line. The fuel station is located at the first proposed entrance off Rufe Snow Drive and includes a kiosk, canopy and five fuel pumps.
UDC Section 9.02(G)(59) gives the parking ratio for “Supermarket” as 3.8 spaces per 1,000 square-feet gross floor area.
Based on this ratio, the total parking requirement for the store is 380 regular and 9 accessible spaces.
The Applicant is providing 387 regular and 10 accessible spaces for the grocery store.
UDC Section 9.02(G)(18) give the parking ratio for “Convenience store (with fuel pumps) as 1 space per 140 square-feet of floor area plus 1 space for each three gasoline pump units.
Based on this ratio, total parking required for the fuel station is 5 regular and 1 accessible space.
The Applicant is providing 20 regular and 1 accessible space adjacent to the fuel center.
UDC Section 8.17 (4)(a)(7) states “Off-street surface parking should be located behind or to the sides of buildings where possible. Large parking lots in front of buildings, along the street frontage, are prohibited. Buildings fronting streets are allowed to have only two rows of parking and one driving lane.”
All customer parking, except for the pickup area along the western façade of the building, is located in front of the store.
1. The Applicant requests to allow off-street parking in front of the building.
UDC Section 9.03(F)(3)(d) states “For large parking lots with several rows of parking spaces, a minimum ten-foot (10') wide continuous landscaped island shall be provided at various locations to break up the expanse of paving.”
The Applicant has included landscape islands throughout the parking lot, but no continuous island.
2. The Applicant requests to not install continuous landscape islands within the parking lot.
Elevations/Building: Variance Requested
The proposed elevations show a combination of concrete panel, brick, fiber cement siding and metal panels. The south elevation (facing Keller Parkway) is proposed to be 72% masonry and 28% metal. Metal canopies with a bronze finish are shown over the entrance and pharmacy drive-thru window.
UDC Section 8.17(4)(c)(3) states “Buildings with facades longer than fifty feet (50') shall have their facades broken up into smaller areas through the use of varying façade setbacks, arcades, awnings, canopies, architectural features such as plazas, columns, or other means.”
The back (north) side of the building, which faces an access drive and residential area, does not have the required articulation or features. There is no customer entrance on the north side.
3. The Applicant requests to provide no articulation or architectural features on the north façade of the building.
The fuel center canopy includes a bronze standing seam metal roof with colored CMU and brick columns. The fuel center kiosk will also be primarily brick and colored CMU. The fuel center canopy and kiosk materials and color scheme are designed to be complementary or identical to those used on the main store.
UDC Section 8.17(4)(b)(1) requires that buildings in Town Center be two stories, and that if a single story building is proposed, the building façade shall either be a minimum height of 20 feet or shall reflect a two-story design.
4. The Applicant requests to construct a one-story building that is approximately 33 feet in height.
UDC Section 8.17(4)(c)(8) states “Sloping roof forms as a complete sloping form (pitched roof) or mansard roof shall be utilized on all buildings in Town Center. Flat roofs are allowed only based on building design as approved during the site plan review by the Development Review Committee.”
5. The Applicant requests to utilize a flat roof on the grocery store building.
Signage: Exception Requested
UDC Section 9.05 (D.6) - Table 2 - Attached Wall Signs allows “one sign per building elevation or lease space elevation visible from a public street or with a public entrance” and for the maximum size of an attached sign located on a lot with frontage along an arterial road with six lanes or more to be 200 square feet.
The front elevation shows one sign of approximately 550 square-feet above the entrance, one Starbucks sign, plus an additional sign grouping for the pickup and pharmacy services. The west elevation shows one sign above the grocery pickup area and one additional sign at the pharmacy drive-thru window.
6. The Applicant requests two signs plus the Starbucks logo for the south (front) and west (facing Rufe Snow) sides of the building and for the sign above the main entrance to exceed 200 square-feet.
If the site plan with the signage exception is approved, the Applicant will be required to submit separate sign permits for each sign with exact dimensions, mounting and lighting details.
Landscaping/Buffers: Variance Requested
The Applicant provided a detailed landscape plan that meets most Town Center and basic UDC landscape requirements for non-residential developments. A 30’ landscape buffer with existing trees plus additional canopy trees is provided along the eastern property line adjacent to Rufe Snow Drive. A 30’ landscape buffer is also provided along the southern property line adjacent to Keller Parkway with additional shrubs.
No foundation planting is proposed along any side of the building. The Applicant’s variance request states they request to waive the foundation planting requirement “due to building access constraints, including the multiple exits, pedestrian routes, pharmacy drive-thru, and service areas. These conditions limit feasible planting areas and raise long-term maintenance and structural concerns.”
UDC Section 9.03(F)(3)(j) states “Foundation planting a minimum of five feet (5') in width shall be provided at the fronts and sides of buildings and shall consist of a combination of groundcovers, shrubs, and ornamental trees.”
7. The Applicant requests to provide no foundation plantings.
Landscape plans include sections of artificial turf in the parking lot landscape islands.
UDC Section 9.03(E)(1) states “All required landscaped open areas shall be completely covered with living plant material. Artificial landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants.”
8. The Applicant requests to allow the use of artificial turf within the parking lot landscape islands.
UDC Section 8.17(4)(f) requires “a single row of Cedar Elms, minimum four-inch (4") caliper, thirty feet (30') on center planted within the landscape easement” along Town Center Lane.
The proposed site plan shows a 10’ landscape area adjacent to the Life Church property along Town Center Lane, but but without any tree plantings north of the cul-de-sac due to the retaining wall that will be installed in the same area. The Applicant’s request is to “omit required trees due to grade changes and the need for a retaining wall. Tree roots could compromise the long-term wall stability.”
9. The Applicant requests to omit tree plantings from the landscape easement/buffer along Town Center Lane.
Roadway Access:
The Applicant proposes three main points of access: one drive off North Town Center Lane, one drive off Rufe Snow Drive, just north of the existing drainage and utility easement, and one new signalized intersection at Rufe Snow Drive and Indian Blanket Drive.
Intersection Improvements: Variance Requested
The Applicant has provided a full Traffic Impact Analysis that shows improvements to the Keller Parkway/Rufe Snow Drive intersection are needed to meet the city’s level of service guidelines. The proposed plans show a modification to the to add a left turn lane onto North Town Center Lane from Keller Parkway, but no modifications to the Keller Parkway/Rufe Snow Drive intersection.
10. The Applicant requests to not meet the UDC requirement of Level of Service C at the Keller Parkway and Rufe Snow Drive intersection and access point C.
Drainage and Utilities:
The applicant has submitted preliminary drainage and utility plans for this development and has met the requirements of the UDC for this development. Full civil construction plans will be required prior to construction.
Zoning:
The subject property is zoned Town Center. Surrounding zoning is as follows:
North: Life Church access drive/Single-Family Residential 8,400 square-foot lots
South: Town Center
East: Town Center
West: Office/Town Center
Land Use:
The subject property is designated Mixed-Use (MU) and Office (O) on the city’s Future Land Use Plan (FLUP). Surrounding land use designations are as follows:
North: High-Density Single Family Residential
South: MU
East: MU
West: O/MU
Variances Requested:
1. The Applicant requests to allow off-street parking in front of the building.
2. The Applicant requests to not install continuous landscape islands within the parking lot.
3. The Applicant requests to provide no articulation or architectural features on the north façade of the building.
4. The Applicant requests to construct a one-story building that is approximately 33 feet in height.
5. The Applicant requests to utilize a flat roof on the grocery store building.
6. The Applicant requests two signs for the south (front) and west (facing Rufe Snow) sides of the building and for the sign above the main entrance to exceed 200 square-feet.
7. The Applicant requests to provide no foundation plantings.
8. The Applicant requests to allow the use of artificial turf within the parking lot landscape islands.
9. The Applicant requests to omit tree plantings from the landscape easement/buffer along Town Center Lane.
10. The Applicant requests not to construct any improvements at the Keller Parkway and Rufe Snow Drive intersection.
Summary:
Section 2.07(A)(2) of the UDC lists criteria for approval of a variance, the Planning and Zoning Commission and City Council shall consider the following factors:
a. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Code would deprive the applicant of the reasonable use of his land.
b. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other properties in the area.
c. That the granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this Code.
d. That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller.
e. That strict compliance with the regulations, and/or that the purpose of the regulations will be served to a greater extent by the alternative proposal.
Citizen Input:
A Site Plan application, even with variances, does not require a public hearing, so no public hearing notifications were sent out to the surrounding property owners for this request. The public will have an opportunity to speak on this agenda item during “Persons To Be Heard.”
Alternatives:
The Planning and Zoning Commission has the following options when considering a Site Plan with variances:
- Recommend approval as submitted (with requested variances).
- Recommend approval with modified or additional condition(s).
- Table the agenda item to a specific date with clarification of intent and purpose.
- Recommend denial.
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this Site Plan application will be scheduled for City Council action on October 6, 2026.