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-22-0038)
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, 2 pumps on each side, for a total of 10 pumps.
The request aligns with the recently-approved UDC amendments related to supplemental regulations for fuel pumps/sales in the Retail Zoning District except for the proposed number of pumps. The Applicant has requested an amendment to the supplemental regulations to allow up to 5 dispensers, or 10 total pumps, which is on the agenda as a separate item.
The Applicant is requesting one SUP:
1. To operate fuel pumps/sales as an accessory use to a grocery store in the Retail zoning district.
Site Design:
The Applicant proposes to add an approximately 179-square-foot kiosk with 5 dispensers, 2 pumps on each dispenser, which must adhere to the Fire Department permitting and inspection guidelines for underground fuel storage tanks.
The kiosk and pumps will be located under a canopy which must be aesthetically compatible with the existing grocery store elevations and no more than 25’ in height according to the UDC supplemental regulations.
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).
No changes are proposed to the two existing access points off of Rufe Snow Drive.
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 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 December 2, 2022, 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 in the attached Site Plan.
At the December 13, 2022 Commission meeting, three residents expressed opposition to Kroger’s UDC Amendment and Specific Use Permit (SUP) request, and made comments related to Kroger being a poor neighbor due to noise and trash issues on the east side of the store. One resident said she was concerned about a potential increase in traffic and air pollution and another neighbor shared that he believed there were adequate fuel stations nearby. Staff has also received one letter of opposition with similar concerns.
SUP Request:
1. To operate fuel pumps (5 dispensers; 10 pumps)/sales as an accessory use to a grocery store in the Retail zoning district.
Planning and Zoning Commission Recommendation:
On December 13, 2022, the Commission voted unanimously to recommend approval of the proposed SUP with the condition that the fuel station canopy match the main store building with masonry columns and a modified roofline.
Alternatives:
The City Council has the following options when considering Specific Use Permits:
§ Approve as submitted (includes updated proposed canopy and masonry-clad columns rendering submitted by Applicant that fulfill conditions voted on 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.
Supporting Documents:
§ Aerial and Zoning Maps
§ Fuel Station rendering
§ Staff Attachment: Application and Narrative Letter
§ Preliminary Site Plan
§ Opposition Letter