To: Planning and Zoning Commission
From: Sarah Hensley, Assistant Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider a request to approve 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, Development Standards, Tree Preservation, Section 8.03 - Zoning Districts, relating to supplemental regulations for fuel pumps; providing penalties; authorizing publication; and establishing an effective date. (UDC-22-0013)
Body
Action Requested:
Conduct a public hearing and consider a request to amend 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:
On October 18, 2022, City Council approved an amendment to the UDC that implemented supplemental regulations for the Retail Zoning District that 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 or 8 fueling pumps
Shortly after Council approved the UDC amendment, Kroger Grocery Store, located at 2061 Rufe Snow Drive, submitted an SUP application that included a concept plan showing 5 fueling dispensers or 10 fueling pumps. The UDC language expressly limits the number of pumps, so the City Attorney determined the UDC must be amended in order for Council to entertain the Kroger request for 5 dispensers.
Kroger provided a formal request (See Staff Attachment - Kroger Request Letter) to amend the UDC to allow up to 5 fueling dispensers, or 10 fueling pumps. The related SUP application specific to the Kroger site on South Rufe Snow is on the agenda as a separate item.
Proposed Amendments:
See Staff Attachment - Redline
Summary:
The only UDC Amendment proposed is as follows:
Sect. 8.03(O)(5)(e):
Fuel pumps/sales shall not exceed five (5) fueling dispensers or ten (10) fueling pumps.
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. The notice for the Planning and Zoning Commission public hearing was published in the December 2, 2022 edition of the Fort Worth Star-Telegram. As of today, staff has not received any comments from the public.
Alternatives:
The Planning and Zoning Commission has the following options when considering an amendment to the text of the UDC:
- Recommend approval as submitted
- Recommend approval with modifications or additional amendments(s)
- Tabling 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 UDC Text Amendment application will be scheduled for City Council action on January 17, 2023.