To: Mark Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving 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; providing a penalty; and establishing an effective date. City of Keller, applicant. (UDC-22-0004)
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 (OTK) 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 in the Bates City Park 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. Notices were published in the July 1, 2022 and July 17, 2022 editions of the Fort Worth Star-Telegram for the respective Planning and Zoning Commission and City Council Public Hearings.
Planning and Zoning Commission Recommendation:
On July 12, 2022, the Commission unanimously voted to recommend approval of the UDC text amendment as presented.
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
§ Approve as submitted.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.