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Item 6CCITY OF SOUTHLAI-E MEMORANDUM February 1, 2014 To: Shana K. Yelverton, City Manager From: Ken Baker, AICP — Senior Director of Planning & Development Services Subject: Item 6C — Public Hearing and 2nd Reading Amendment of Zoning Ordinance No. 480-PPPP Action Requested: Conduct a public hearing and consider 2nd reading approval of an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, to Section 34, Accessory Uses. Background Information: The purpose of this item is to consider providing clarifying language to section 34 of the zoning ordinance to address the functionality of the minimum space requirements for the grazing of animals within residential districts, the inclusion of SF-20-A & B (over 1 acre in size) zoning districts to the "District Where Permitted" and the deletion of wording addressing nuisance issues (To be addressed in the Animal Control Ordinance). The Planning and Development Services staff is bringing forward the proposed amendment at this time to coincide with a revision to the City of Southlake Code of Ordinances as it pertains to the keeping of animals. In October of 2012, the animal control services for the cities of Southlake, Keller and Colleyville were combined. The purpose of the City Code (Animal Control Ordinance) amendment is to develop a single ordinance that is similar for all three cities. This ordinance is currently being developed by the Department of Public Safety (Police Department). The Planning and Zoning Commission will only make a recommendation on the Zoning Ordinance proposed amendments. The Animal Control Ordinance (City Code) does not require a recommendation by the Planning and Zoning Commission. Overview of the current ordinance Section 34 of Zoning Ordinance (Accessory Use Section) currently allows private stables, including the boarding of horses, in residential zoned areas for the keeping of grazing animals. The ordinance states that the minimum space area upon which grazing animal(s) may be enclosed including pastures, pens, corrals and stables, shall not be less than fifteen thousand (15,000) square feet per each animal over five hundred (500) 480-PPPP Page 1 pounds and not less than five thousand (5,000) square feet for any other grazing animal. The residential zoning districts where this use (keeping of grazing animals) is permitted include the RE, SF1-A, SF1B, SF 2 zoning districts and SF 30 zoning district where the lot on which the structure will be located contains the same minimum lot square footage as required in the SF1A and SHB zoning category (1 acre). This ordinance section is not applicable to AG "Agricultural" zoned properties or commercial stables. Reason for Considering a Change to the Ordinance A concern has been raised that the current language in the accessory section of the zoning ordinance is somewhat unclear on the square footage requirements in that it is uncertain whether the 15,000 minimum square foot area must be continuous (unbroken) or can be physically separated. Also, the ordinance does not list the SF20-A or SF20-B zoning districts as zoning districts where the grazing of animlas is permitted as an accessory use, even though there are fifty-three (53) SF-20 lots in the City that are greater than one (1) acre in size. Finally, the zoning ordinance currently provides a regulation on the ground accumulation of manure. Typically, nuisance related regulations are found in separate ordinances or in the City Code. The new Animal Control Ordinance has a "public nuisance" section and it is staff's recommendation that nuisance issues be addressed in the Animal Control Ordinance and expanded. Therefore, it is recommended that the current regulation regarding "manure" be deleted from the section. Relationship of the Zoning Ordinance to the Animal Control Ordinance The zoning ordinance will only provide regulations on area, placement of stables and residential districts where the use (grazing) is permitted. Other possible related issues to the keeping of grazing animals such as adoption of animals, confinement, quarantine of animals, removal of dead animals, nuisances and impoundment are addressed in the new Animal Control ordinance. Non -Conforming Use of Land As with any amendment to a zoning ordinance regulation, property owners that currently meet and adhere to the existing regulation(s) today of section 34.1.d for the keeping of grazing animals will be able to maintain that use in accordance with section 6.4 of the zoning ordinance (non -conforming use). On August 121h a SPIN meeting was held on the proposed Animal Control Ordinance and Zoning Ordinance amendments. 480-PPPP Page 2 Based on comments received at the SPIN meeting, staff is presenting both an option A and option B for the Planning and Zoning Commission to consider. Option A — proposed text addition shown in red lettering and deletions shown by a strikethrough. d. Private stables, including boarding of horses, in areas other than the Agricultural District for the keeping of grazing animals, provided: I. Ground a .lobo., ^f,,,anu.o be ted ,,;....osed RE, SF -IA, SF-1B. SF-2, (where the lot on which the structure will be located contains the same shall eolle and properly of so as of t create offensive edefs, fly Weeding, beeOM@ health ha a ra OF HHiSafl6e W humans ^T aiiimals (The ground accumulation manure regulation will be provided in the minimum lot square Animal Control Ordinance) footage required in the SF-1A and SF-IB 2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to zoning category) properly retain the grazing animal(s) on the premises. SF-30 and SF-20A & B (where the lot on 3. The minimum space area upon which such grazing animal(s) may be enclosed, including which the structure pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square will be located feet of useable and accessible area per each grazing animal over five hundred (500) contains the same pounds and not less than five thousand (5,000) square feet for any other grazing animal. minimum lot square Portions of the grazing area may be partitioned off for a corral, to separate animals and to footage required in allow for pasture recovery. the SF-]Aand SF-IB zoning category) 4. All enclosed sheds and stables for animals as provided under the terms of this subsection shall be placed a minimum of twenty-five (25) feet from the boundary of any adjoining lot or tract which is zoned in a residential category while fences and corrals may be placed at the property line. Option B — proposed text addition shown in red lettering and deletions shown by a strikethrough. Some comments at the SPIN meeting indicated that the ordinance regulations are adequate as currently written and provide flexibility for the zoning administrator to interpret. As such option B does not propose any changes to section 2, 3 or 4. d. Private stables, including boarding of horses, in areas other than the Agricultural District for RE, SF-lA, SF-1B. the keeping of grazing animals, provided: SF-2, (where the lot on which the structure I. will be located contains the same humans or- animais. (The ground accumulation manure regulation will be provided in the minimum lot square Animal Control Ordinance) footage required in the SF-1A and SF-IB 2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to zoning category) properly retain the grazing animal(s) on the premises. SF-30 and SF-20A & B (where the lot on 3. The minimums ace area upon which such grazing animal(s) may he enclosed, including which the structure 480-PPPP Page 3 pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square will be located feet per each grazing animal over five hundred (500) pounds and not less than five contains the same thousand (5,000) square feet for any other grazing animal. minimum lot square footage required in 4. All enclosed sheds and stables for animals as provided under the terms of this subsection the SF- ]A and SF-1B shall be placed a minimum of twenty-five (25) feet from the boundary of any adjoining zoning category) lot or tract which is zoned in a residential category while fences and corrals may be placed at the property line. This item was originally considered at the Planning and Zoning Commission's August 22, 2013 meeting. The Planning and Zoning Commission discussed at this meeting that it would like to wait until such time that a draft of the Animal Control Ordinance was available for review prior to moving forward on considering this item in order to review the proposed nuisance provisions in the Animal Control ordinance. Nuisance regulations are being removed from the zoning ordinance and placed into the proposed animal control ordinance. Staff has provided a copy of the draft Animal Control Ordinance a the Planning and Zoning Commission at its October 17, 2013 meeting. The Planning and Zoning Commission only made a recommendation on the proposed changes to the Zoning Ordinance (480-PPPP). The Planning and Zoning Commission did not be make a recommendation on the proposed Animal Control ordinance since this ordinance is part of the City Code. Citizen Input) Board Review: A SPIN meeting was held on August 12, 2013. Legal Review: This item is under review by the City Attorney. P & Z Action: August 22, 2013 - The Planning and Zoning Commission tabled this item to its September 5, 2013 meeting. September 5, 2013 - The Planning and Zoning Commission tabled this item to its October 17, 2013 meeting. October 17, 2013 — The Planning and Zoning Commission recommended approval of Ordinance No. 480-PPPP (4 -1) changes submitted adopting option A and having the new ordinance read as follows; the minimum space area with such grazing animals may be enclosed including pasture, pens, corrals and stables shall not be less than 15,000 square feet of usable and accessible area per each grazing animal over 500 pounds and not less than 5,000 square feet of usable and accessible area of any other grazing animal. Portions of the grazing area may be partitioned to separate animals and allow for pasture recovery. At the January 21. 2014 City Council staff recommended a slight modification to the recommended wording for section d. 3 based on the Planning and Zoning Commissions recommendation: 480-PPPP Page 4 The minimum space area upon which such grazing animal(s) may be enclosed, including pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square feet of useable and accessible area per each grazing animal over five hundred (500) pounds and not less than five thousand (5,000) square feet of useable and accessible area of per each grazing animal under five hundred (500) pounds. Portions of the grazing area may be partitioned eff for a eegalto separate animals and to allow for pasture recovery. Council Action (18t Reading): A motion was made to approve Ordinance No. 480-PPPP, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to private stables, including the boarding of horses in areas other than the agricultural district for the keeping of grazing animals. Approved 5-0. Attachment: Proposed Ordinance 480-PPPP SPIN Report 480-PPPP Page 5 ORDINANCE NO.480-PPPP AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY ADDING PROVISIONS TO SECTION 34 — ACCESSORY USES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section b of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Sections 34 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the following subsection: 480-PPPP Page 6 34.1.d Option A d. Private stables, including boarding of horses, in areas other than the Agricultural District for I RE, SF -IA, SF- 1B. the keeping of grazing animals, provided: 1. SF-2, (where the lot on which the structure will be located contains the same humans ar- animals. (The ground accumulation manure regulation will be provided in the minimum lot square Animal Control Ordinance) footage required in the SF -IA and SF-IB 2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to zoning category) properly retain the grazing animal(s) on the premises. SF-30 and SF-20A & B (where the lot on 3. The minimum space area upon which such grazing animal(s) may be enclosed, including which the structure pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square will be located feet of useable and accessible area per each grazing animal over five hundred (500) contains the same pounds and not less than five thousand (5,000) square feet for any other grazing animal. minimum lot square Portions of the grazing area may be partitioned off for a corral, to separate animals and to footage required in allow for pasture recovery. - the SF -IA and SF-IB zoning category) 4. All enclosed sheds and stables for animals as provided under the terms of this subsection shall be placed a minimum of twenty-five (25) feet from the boundary of any adjoining lot or tract which is zoned in a residential category while fences and corrals may be placed at the property line. 34.1.d Option B d. Private stables, including boarding of horses, in areas other than the Agricultural District for the keeping of grazing animals, provided: 1. Ground aueumulatien6 ef manuFe shall be eolleeted and pFapedy disposed of so as not to or-eate offensive edem, fly breed:.,,. Of in afly . be,..,., e a halt}, hazard o nuisanue to ti.,.,,aRS ^F a~i•~^lS(The ground accumulation manure regulation will be provided in the Animal Control Ordinance) 2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to properly retain the grazing animal(s) on the premises. 3. The minimum space area upon which such grazing animal(s) may be enclosed, including pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square feet per each grazing animal over five hundred (500) pounds and not less than five thousand (5,000) square feet for any other grazing animal. 4. All enclosed sheds and stables for animals as provided under the terms of this subsection shall be placed a minimum of twenty-five (25) feet from the boundary of any adjoining lot or tract which is zoned in a residential category while fences and corrals may be placed at the property line. (As amended by Ordinance No. 480-PPPP) RE, SF -IA, SF- IB. SF-2, (where the lot on which the structure will be located contains the same minimum lot square footage required in the SF -]A and SF-IB zoning category) SF-30 and SF-20A & B (where the lot on which the structure will be located contains the same minimum lot square footage required in the SF -]A and SF-1 B zoning category) 480-PPPP Page 7 Council 1" Reading Motion A motion was made to approve Ordinance No. 480-PPPP, an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to private stables, including the boarding of horses in areas other than the agricultural district for the keeping of grazing animals. Approved 5-0. SECTION 2 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two -Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 480-PPPP Page 8 SECTION 6 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8 The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9 480-PPPP Page 9 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the _ day of , 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 2014. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DA ADOPTED: EFFECTIVE: 480-PPPP Page 10 SPIN MEETING REPORT CASE NO. Animal Control Ordinance No. 1069 and Ordinance No. 480-PPPP pertaining to keeping of grazing animals PROJECT NAME: Animal Control Ordinance No. 1069 and Ordinance No. 480-PPPP pertaining to keeping of grazing animals SPIN DISTRICT: City Wide MEETING DATE: August 12, 2013; 6:00 PM MEETING LOCATION: 1400 Main Street, Southlake, TX Training Rooms 3A — 3B CITIZEN ATTENDANCE: Approximately fifty (50) - SPIN REPRESENTATIVE(S) PRESENT: None APPLICANT(S) PRESENTING: City of Southlake STAFF PRESENT: Chief Steve Mylett, Lt. Mike Wilson City of Keller Police Dept., Kyle Taylor Emergency Mgmt. Coord., Kristen White Municipal Court Supervisor, Sr. Director Ken Baker, Deputy Director Dennis Killough. STAFF CONTACT: Chief Steve Mylett (817) 748-8950 for Animal Control Ord. No. 1069; Sr. Director Ken Baker for Ord. 480-PPPP Grazing Animals. EXECUTIVE SUMMARY Animal Control Ordinance No. 1069 Animal Control Services for Southlake, Colleyville and Keller have been consolidated under one service managed by the City of Keller. The purpose of this revision is to develop an ordinance that provides consistency between the regulations of the partner Cities. Key changes from the City's current Animal Control Ordinance are: • Pet Registration Fees — Fixed dog/cat $5.00, unfixed dog/cat $20.00 with fees going toward operating costs of the Regional Animal Adoption Center; • No changes to maximum number of dogs/cats, fowl permitted under the current Ordinance or policies in handling feral hogs. Ord. 480-PPPP, amendment to the Zoning Ordinance Keeping of Grazing Animals This amendment adds "SF 20A" and "SF-20B" single family residential districts to the list of residential districts permitting grazing animals if the lot is one acre or more. The revision also proposes clarification to the minimum grazing area required per grazing animal. 480-PPPP Page 11 QUESTIONS 1 CONCERNS • What is the current feral hog program? o Setting of traps with no release on capture. The meat is donated to food banks and shelters. • Will people be grandfathered from changes to the grazing animal regulations to the Zoning Ordinance? o If you are legal non -conforming, yes. If you have a particular situation or concern it is recommended that you document it with the City to secure your non- conforming status. • What is the feral cat program? o Trap, remove, evaluate for relocation. Animal Adoption Center provides traps with an agreement and time period based on the resources available at the time. They can be pick-up at the Animal Adoption Center or if resources permit dropped off by an Animal Control Officer by appointment. • So it's just single story in the back? o Yes. • Will an active enforcement of registration take place? o There will be no random registration checks. Registration will be enforced when dealing with complaints or problems. • Where can licenses be obtained? o The Animal Adoption Center and eventually online. There will be a grace period for registration. Once registered, renewal notices will be sent by mail and can be renewed by mail. Proof of vaccination will be required. • How are free roaming cats handled? o Pets cannot run at large. If captured it will be impounded. • Where is the Animal Adoption Center located? o 330 Rufe Snow Drive, Keller, Texas. • Where are large animals taken? o Tarrant County. Sheep and goats typically will go to the Animal Adoption Center. • Citizen Comments: o Has a problem with the fees being cloaked in rabies concern; disagrees, rabies has not been a problem; center should be funded through other mechanisms. o Not happy with new Keller dispatch, they are not familiar with Southlake occurrences. o Problems with animals that can't keep collars on, tag system does not work. o Concerns with use of same tag and people not updating information and registration. 480-PPPP Page 12 • What about other tags and chips? o AAC scans for chips and will use any tag information to contact pet owner. o Having registered your animal and having the tag will get your animal returned directly if you can be contacted. • What are the fines? o Fines have not been set. Can someone register 35 cats? o No, it would violate both the current and proposed ordinance do to the number of animals. • Does someone have to register their pest while visiting? o No, common sense will prevail. Although you could notify AAC but I will not be required. • How does this affect foster care of animals? o This falls outside the area of the ordinance but could fall under other enforcement issues such as care and keeping of the areas of the animals. • How will the City handle complaints from new subdivisions next to established grazing areas? o As long as there are no legitimate nuisance issues, the established use is protected. • How do we contact the City with questions on the ordinances? o For the Animal Adoption Center and Animal Control — Lt. Mike Wilson, City of Keller at (817) 743-4508. o For City of Southlake Animal Control Ordinance — Chief Steve Mylett (817) 748- 8950. • How can we voice concerns regarding the ordinances? o You can attend the scheduled meetings and participate in the public hearing, send letters to the City Secretary, Department of Public Safety and/or Planning and Development Services. • Where is the Facebook page? o https://www.facebook.com/SouthlakePublicSafety • What about the reduction in impoundment time? o Reducing the impoundment hold time from 7 to 3 days gets the animals adopted or in a foster program quicker. • Was there a complaint that raised the issue regarding clarification on the minimum grazing area? o Yes, questions were raised regarding how the minimum area per grazining animal was applied. 480-PPPP Page 13 • Could staff look at using language such as "usable" rather than continuous? o Yes. • Why four (4) cats and dogs? o The animal control ordinance will stay as it is six (6) dogs/cats for one acre or larger and four (4) for less. • Why only six (6) on one acre or more, larger lots could handle more? o That is how the current ordinance is written. • Why the registration and fee? o Easier to show compliance, the $5.00 registration fee barely covers the verification costs. • Do Keller and Colleyville register? o Yes. • Do the fees go to pay for the construction of the facility? o The facility is already paid for revenues will go toward daily operations and supplies for the AAC. • Will there be any exemptions for service/work animals, hunting dogs, etc.? o It is not addressed in the ordinance but can be discussed. • Citizen comment Ordinance 480-PPPP: o Don't use the word "usable" without a definition or use a word that has a specific definition. o Consider removing the Zoning Ordinance amendment for grazing animals altogether. o Put a date for grandfathering. • When does Southlake DPS get dispatched versus Keller Animal Control o Southlake DPS is called on animal cruelty, Keller Animal Control on stray animals and similar animal code violation • Citizen Comment — A Vet should be called out on animal cruelty calls. o That may be part of the investigation depending on the situation. • Why not increase the number of pets? o Most situations where numerous pets are kept have poor sanitation and health conditions. • Why the consolidation of services and change in the animal control ordinance? o Consolidation of services will save money for the City and the codes consist throughout the partnering Cities will help things run smoothly. 480-PPPP Page 14 • Where can the wording on the livestock ordinance be found? o It will be available on the City's website the first part of next week. • Can shelter be considered under the livestock ordinance revision? o The animal control ordinance may cover these conditions. • Explain the Animal Control Ordinance versus Zoning Ordinance and variances. o The Zoning Ordinance has provisions for variances to certain regulations. The Animal Control Ordinance only has administrative discretion where allowed. • Is there something that covers 501c3 rescue centers/homes? o These are covered under separate provisions. • What dates will the items be heard? o The Zoning Ordinance No. 480-PPPP regarding grazing animals will be heard at Planning and Zoning Commission on August 22, 2013 and is expected to be heard at City Council September 3, 2013 for first reading and September 17, 2013 for Second reading. o The Animal Control Ordinance No. 1069 will be heard at City Council September 3, 2013 for first reading and September 17, 2013 for second reading. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. 480-PPPP Page 15