To: Mark Hafner, City Manager
From: Sarah Hensley, 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, and Article Nine - Development Standards, relating to regulations for murals; providing penalties; authorizing publication; and establishing an effective date. (UDC-23-0006)
Body
Background:
On June 16, 2020, City Council approved the following UDC updates related to murals:
- Allowed by City Council approval in the Katy Road, Old Town Keller, and Retail Zoning Districts.
- Replaced the Public Arts Board as the recommending body to City Council with the Planning and Zoning Commission (for murals on private property).
- Included a new requirement for a waiver of rights from the artist pertaining to the Visual Artist’s Rights Act of 1990.
- Updated definition to clarify that murals must be on a wall.
On June 20, 2023, City Council held a work session discussion on where murals are allowed and in which zoning districts. Council gave direction to add Town Center to the zoning districts in which applicants can pursue a private mural.
Proposed Amendments:
See Exhibit “A”.
Summary:
The proposed UDC Amendments include:
1. Add Town Center to the zoning districts in which applicants may pursue approval of a mural.
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 July 28, 2023 and July 20, 2023 editions of the Fort Worth Star-Telegram for the respective Planning and Zoning Commission and City Council public hearings. Staff has not received any comments from the public on the proposed UDC Amendments.
Planning and Zoning Commission Recommendation:
On August 8, 2023, the Commission voted to unanimously recommend approval of the proposed UDC amendments with the amendment that Murals be moved out of the “Attached Signs Additional Types” table in the UDC. Their recommendation is reflected on the proposed draft UDC amendments (Exhibit A).
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.