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File #: 22-544    Version: 1
Type: New Business Status: Agenda Ready
File created: 7/7/2022 Meeting Body: Planning & Zoning Commission
On agenda: 7/12/2022 Final action:
Title Search: PUBLIC HEARING: Consider a recommendation for an amendment to the City of Keller Unified Development Code (UDC), adopted by Ordinance No. 1746 dated July 7, 2015, by amending Article 3 - Definitions and Article 8 - Zoning Districts, Development Standards, Tree Preservation, related to indoor and outdoor entertainment; authorizing publication; provide for penalties; and establishing an effective date. City of Keller, applicant. (UDC-22-0004)
Attachments: 1. 071222_UDC Amendment-Entertainment_Exhibit A USE CHART, 2. 071222_UDC Amendment-Entertainment_Exhibit A Definitions (1)

To:                     Planning and Zoning Commission

From:                     Sarah Hensley, Assistant Director of Community Development

Subject:                     

Title

PUBLIC HEARING: Consider a recommendation for an amendment to the City of Keller Unified Development Code (UDC), adopted by Ordinance No. 1746 dated July 7, 2015, by amending Article 3 - Definitions and Article 8 - Zoning Districts, Development Standards, Tree Preservation, related to indoor and outdoor entertainment; authorizing publication; provide for penalties; and establishing an effective date. City of Keller, applicant. (UDC-22-0004)

 

Body

 

Action Requested:

Conduct a public hearing and consider amendments to Articles 3 and 8 of the Unified Development Code related to indoor and outdoor entertainment venues.

 

Background:

A recent Specific Use Permit (SUP) request for indoor entertainment in the Old Town Keller zoning district prompted staff to explore the existing UDC definitions and OTK use chart related to entertainment. Staff found that the definitions for both “Entertainment Facility, Indoor” and Entertainment Facility, Outdoor” excluded the use of musical devices, and that the OTK use chart did not include outdoor entertainment as a permitted use, even by SUP.

 

Analysis:

Creating a pedestrian-oriented entertainment district is one of the central goals of the Old Town Keller improvements project. As the city kicks off phase II of the project, which includes the transformation of Bates Street into a festival street and the construction of a pavilion intended for outdoor performances, staff recommends amending the UDC definition and OTK use chart to better align with the goals and long-term vision for Old Town. The proposed amendments will also provide a path for existing and future businesses to operate indoor and outdoor entertainment facilities with City Council approval.

 

Proposed Amendments:

See Exhibit “A”

 

Summary:

The proposed UDC Amendments include:
1. Removing “musical devices and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports” from the activities prohibited under the “Entertainment Facility, Indoor” and “Entertainment Facility, Outdoor” definitions.

2. Adjusting the OTK use chart to allow “Entertainment Facilities (Indoor or Outdoor) by SUP

                     

Supporting Documents:                     

-                     Exhibit A: Proposed Draft UDC Amendments

-                     Exhibit A: Definitions

 

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 July 1, 2022 edition of the Fort Worth Star-Telegram. 

 

Alternatives:

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 August 2, 2022.