To: Planning and Zoning Commission
From: Sarah Hensley, Assistant Community Development Director
Subject:
Title
PUBLIC HEARING: Consider a request for 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 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 This request first came to the Commission in December 2022 but was tabled by City Council earlier this year and then withdrawn by the Applicant.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 Feb. 27, 2023 (along with a request for a UDC amendment to the supplemental regulations to allow up to 5 dispensers as a condition of an SUP, which is on the agenda as a separate item).
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, which must adhere to the Fire Department permitting and inspection guidelines for underground fuel storage tanks. Per the Council’s request, the Applicant provided information on their processes related to tank installation. (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. Fuel sales via pay at the pump will be 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 Applicant will be required to provide 50 square-feet of additional landscaping for each additional space over the 10% threshold (in this case, 1 space, or 50 square-feet). The Kroger site has approximately 18,000 square-feet excess landscaping to fulfill this requirement.
No changes are proposed to the two existing access points off Rufe Snow Drive.
Since their 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 implemented internal processes for maintaining the loading area adjacent to the neighborhood to the east. (See Staff Attachment E for further details provided by the Applicant.)
The Applicant will be required to submit a full Site Plan Amendment application if the SUP is approved.
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 Planning and Zoning Commission 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 March 9, 2023, Staff has received no response from the public related to the most recent SUP request.
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 Alternatives:
The Planning and Zoning Commission has the following options when considering Specific Use Permits:
§ Recommend approval as submitted.
§ 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 Specific Use Permit application will be scheduled for City Council action on April 4, 2023.