To: Mark Hafner, City Manager
From: Sarah Hensley, Assistant Community Development Director
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 8.02 - Administration, relating to Specific Use Permit regulations; providing penalties; authorizing publication; and establishing an effective date. (UDC-23-0002)
Action Requested:
Conduct a public hearing and consider a request to approve amendments to the City of Keller Unified Development Code (UDC) related to Specific Use Permit (SUP) regulations.
Background:
Staff recently reviewed the UDC Specific Use Permit regulations and found the language failed to address several common scenarios commercial applicants in particular encounter related to SUPs. The proposed amendments seek to clarify triggers for amending an existing SUP and requirements for legal non-conforming businesses to pursue an SUP. Staff believes the proposed changes will make the SUP guidelines clearer, easier to navigate, and remove ambiguity in the process for potential applicants.
Proposed Amendments:
See Staff Attachment, pages 13-14.
Summary:
The proposed UDC Amendments include:
1. Clarifying conditions under which an existing SUP must be amended.
2. Clarifying that a business name or ownership change alone shall not trigger a SUP or SUP amendment.
3. Adding language addressing legal non-conforming uses operating without an SUP in a zoning district where an SUP would otherwise be required.
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 Feb. 17, 2023 and Mar. 5, 2023 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 Feb. 28, 2023, the Commission voted to unanimously recommend approval of the proposed UDC amendments.
Alternatives:
The City Council has the following options when considering an amendment to the text of the UDC:
§ 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.