To: Mark Hafner, City Manager
From: Sarah Hensley, Assistant Director of Community Development
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, 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 dispensers to four (or eight 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. Notices were published in the December 2, 2022 and December 30, 2022 editions of the Fort Worth Star-Telegram for the respective Planning and Zoning Commission and City Council public hearings.
At the December 13, 2022 Commission meeting, three residents expressed opposition to Kroger’s UDC Amendment and Specific Use Permit (SUP) requests, 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.
Planning and Zoning Commission Recommendation:
On December 13, 2022, the Commission voted 5-2 (Stansell, Sagar) to recommend approval of the proposed UDC Amendments with the modification that up to 6 dispensers or 12 fueling pumps be allowed if the required parking for the grocery store and any associated uses could still be met.
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.