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Home My WebLink About06042015 BSC Agenda Item 4 • 0 STAFF REPORT Business of the Building and Standards Commission City of West University Place, Texas AGENDA OF: June 4, 2015 DEPARTMENT OF ORIGIN: Development Services DATE SUBMITTED: June 1, 2014 PRESENTER: Clay Chew, CBO, CFM PREPARED BY: Clay Chew, CBO, CFM Chief Building Official Chief Building Official STAFF PRESENTER: SUBJECT: Veterinary Facility. Amend Clay Chew, CBO, CFM Chapter 14, Article III, Section 14-72 and 14- Chief Building Official 76. Add Section 14-89. ATTACHMENTS: Proposed ordinance amendment; Relevant Code Section STAFF SUMMARY Background: Ordinance amendment to clarify the ability of a veterinary facility to board animals while being medically treated. Light Commercial use include, but are not limited to: offices for ordinary business or professional activities use, stores for the sale at retail of goods or services use, restaurant use, bank and financial services use. A permit was granted for the construction of a veterinary facility at 5406 Kirby which meets current code and zoning requirements. Staff feels that a veterinary facility providing medical treatment to animals does not meet the definition of a kennel. This amendment would allow a veterinary facility to keep and maintain more than three dogs or cats at any time if they are being medically treated. The animals would be required to be maintained within the interior walls of the facility, the area would be air conditioned and the area would be soundproofed so barking would not be heard within adjacent properties. 1 • EXHIBIT "A" City of West University Place Development Services 3826 Amherst Street West University Place,Texas 77005 Phone: 713-662-5833 Fax: 713-662-5304 PERMIT PERMIT NUMBER; BP-14-0I448.01 APPLICATION DA'Z'E: 12/08/2014 PROPERTY ADDRESS: 5406 KIRBY DR,WEST UNIVERSITY ISSUE DATE: 03/19/2015 PL,TX 77005 PARCEL NUMBER: 068-037-002-0016 EXPIRATION DATE: 03/13/2016 LEGAL DESCRIPTION: LT 16 BLK 2 EVANSTON BUILDING SITE ZONING: Commercial District PIMMIT TYPE: COMMERCIAL NEW APPLICATION VALUATION: 800000 OWNER CONTRACTOR DAN JORDAN,LLC CTC CONTRACTORS,LLC 2422 ROBINHOOD ST 3410 YALE STREET HOUSTON, DC 77005 HOUSTON, TX 77018 (713)936-1970 NEW FRAMED AREA(Commercial): NEW FRAMED AREA(Residential): EXISTING FRAMED AREA: GRAND TOTAL FRAr LED AREA: 5500 DESCRIPTION OF WORK: GROUND UP CONSTRUCTION OF A 5,500 SF VETERINARY FACILTY. PRE-ENGINEERED METAL BUILDING WITH ACCENTS OF STONE AND GLASS. ASSOCIATED SITE WORK AND PERIMETER FENCE WILL ALSO BE INCLUDED WITH THE PROJECT.ALL ACTIVITIES MUST BE ENCLOSED AND AIR CONDITIONED.NO BOARDING OR GROOMING UNLESS MEDICALLY RELATED.NO GOODS OR SERVICES ORIENTED TOWARD ALBANS.NO PARKING ACCESS FROM ALBANS. DOORS TO AUDEN,MUST BE EXIT ONLY. SUB CONTRACTOR: FEE SUMMARY CHARGED PAID DATE PAID tO-M ,3 $1�l 35.00 35.00 12!08/2014 ,3 COMMERCIAL NEW-2013 $2,640.00 $2,640.00 03/19/2015 APPLICATION FEE-BLDG $30.00 $30.00 03/19/2015 $75 RESUBMITTALS $75.00 $75.00 02/23/2015 GRAND TOTAL $4,080.00 $4,080.00 NOTICE TO CONTRACTORS A PERMIT IS AN AUTHORIZATION TO PROCEED WITH THE WORK AND SHALL NOT BE CONSTRUED AS AUTHORITY TO VIOLATE,CANCEL,ALTER OR SET ASIDE ANY OF THE PROVISIONS OF CITY CODE,NOR SHALL ISSUANCE OF THIS PERMIT PREVENT THE BUILDING OFFICIAL FROM THEREAFTER REQUIRING A CORRECTION OF ERRORS IN PLANS OR CONSTRUCTION,OR OP VIOLATION OF CITY CODE OR ANY OTHER CODE,ORDINANCE OR REQUIREMENT OF THE CITY OF WEST UNIVERSITY PLACE,TEXAS. PERMI1TEE SIGNATURE: k ��'"" ' V'l e`l JG h..-td` • • EXHIBIT"B" EXHIBIT"A" Sec. 14-72. - Maximum number on premises. Add subsection (e) as follows: (e)This section does not apply to a veterinary facility permitted by section 14-89. Sec. 14-76. - Dog kennels prohibited; defined. Amend by inserting the underlined phrase to read as follows: It shall be unlawful for any person within the city to keep,establish, maintain or otherwise engage in a dog kennel or the business of a dog kennel except as otherwise provided in section 14-139,For the purpose of this section, a "dog kennel"is defined as any parcel of land or premises whereon or wherein four or more dogs over the age of six months are kept or maintained for any purpose whatsoever. Add the following new section: Sec. 14-89. —Veterinary Facility defined. For the purpose of this section,a"veterinary facility"is defined as a premises with less than 6,000 sq.ft. of interior area that performs medically related procedures and activities on cats, dogs, and/or other animals under the supervision of a licensed veterinarian professional. A veterinary facility is permitted to keep,establish and maintain more than three dogs and three cats at any time, (more than a maximum of four total)provided i)they are receiving medical treatment,ii)they are within the interior walls of the facility, iii) the area is air conditioned, iv) the area is soundproofed so barking can't be heard within adjacent residential properties, v) no adverse odors are detectible within adjacent residential properties,and vi)the facility is otherwise in compliance with City ordinance. West University Place,. Code of Ordinances 111 Page 1 of 1 Sec. 14-72. - Maximum number on premises. (a) In general. It shall be unlawful for any person (or persons) to own, harbor or possess, on or about any premises in the city, more than three dogs, three cats or any combination of dogs and cats exceeding four(i.e., the maximum combined total is four animals). (b) Affirmative defense. It is an affirmative defense to prosecution under this section that all of the following circumstances are present: (1) The number of dogs does not exceed three; (2) The number of cats does not exceed three; (3) On January 1, 2004, each individual animal was owned, harbored and possessed on premises occupied by the same person (or persons); (4) No dog or cat was added after January 1, 2004; and (5) All of the dogs and cats were registered with the city before May 1, 2004, and the registrations showed they were owned by the person (or persons) occupying the premises. (c) Counting. Animals under the age of six months are not counted for purposes of this section. (d) Emergency permits. It is an affirmative defense to prosecution under this section that an emergency permit issued by the animal control officer authorized the keeping of the animals in question, at specified premises. The animal control officer is authorized to issue such permits if all of the following circumstances are present: (1) The animals in question (dogs or cats only) were made homeless by a storm or similar emergency, and they are kept in the city temporarily, not to exceed 60 days; (2) An owner of the premises has applied for the permit and allowed the premises to be inspected; and (3) The animal control officer has inspected the premises and is convinced that the animals: a. Can be kept on the premises in humane and sanitary conditions; and b. Will not adversely affect other persons, animals or premises nearby. Any such permit must specify the premises and the maximum number of animals to be kept (dogs or cats only). Each permit remains subject to amendment or revocation at any time. (Code 2003, § 5.057; Ord. No. 1759, § 1(5.057), 1-26-2004; Ord. No. 1763, § 1(5.057), 2-9-2004; Ord. No. 1813, § 1, 9-26-2005) Sec. 14-76. - Dog kennels prohibited; defined. It shall be unlawful for any person within the city to keep, establish, maintain or otherwise engage in a dog kennel or the business of a dog kennel. For the purpose of this section, a "dog kennel" is defined as any parcel of land or premises whereon or wherein four or more dogs over the age of six months are kept or maintained for any purpose whatsoever. (Code 2003, § 5.061) about:blank 5/20/2015 • • Clay Chew From: Nitin Tandon [ntandon @me.com] Sent: Wednesday, June 03, 2015 6:47 AM To: Clay Chew Cc: NOANIMALBOARDINGINWESTU @GMAIL.COM Subject: Animal ordinance We oppose any changes to the animal control ordnance - in as much as a special case is carved out for a single location, I have less issue but no blanket changes that affect the entire community Nitin and Anoushka Tandon 4106 Lehigh Ave 1 • • Clay Chew From: Edwards, Jen [Jen.Edwards @anadarko.com] Sent: Wednesday, June 03, 2015 7:24 AM To: NOANIMALBOARDINGINWESTU @GMAIL.COM; Clay Chew Subject: Proposed changes to Animal Control Ordinances in West University Importance: High To whom it may concern, My family and I strongly oppose any changes to the Animal Control Ordinances to allow animal boarding for any purpose whatsoever. Amending such ordinances would substantially devalue many homes and property in and around such proposed animal boarding facility. My husband and our two boys live in West University at 2632 Albans Road. Jennifer Gadd Edwards Senior Counsel, Litigation Anadarko Petroleum Corporation 1201 Lake Robbins Drive The Woodlands,Texas 77380 jen.edwards(6)anadarko.com 832.636.7521 (Direct) 832.636.0348 (Direct Fax) 713.505.6845 (Mobile) Click here for Anadarko's Electronic Mail Disclaimer 1 • • Clay Chew From: Mary Lou Gullett [mlgullett@sbcglobal.netj Sent: Wednesday, June 03, 2015 7:29 AM To: Clay Chew Subject: Change in West U city ordinances re: boarding animals Mr. Chew I am very opposed to the proposed changes to West University city ordinances that would permit animal boarding at any facility in West University. Mary Lou Gullett 3701 Albans Road West University Place Sent from my iPhone 1 • Clay Chew From: Aaron Benner [abenner5 @yahoo.com] Sent: Wednesday, June 03, 2015 7:44 AM To: NOANIMALBOARDINGINWESTU @GMAIL.COM Cc: Clay Chew Subject: No Animal Boarding changes - avoid spreading disease! I am a West U resident living at 2717 Albans Rd. I oppose any changes to the Animal Control ordinances to allow any animal boarding in West U. Please do not allow any changes to this ordinance as it is likely to cause additional noise, traffic and also spread pet- borne diseases among the children in our community. Thanks, Aaron Benner 1 • r Clay Chew From: George Nachtigall [ganlawl8 @hotmail.com] Sent: Wednesday, June 03, 2015 8:15 AM To: NOANIMALBOARDINGINWESTU @GMAIL.COM Cc: Clay Chew Subject: Opposition to Changes in Animal Control Ordinances We oppose any changes to the Animal Control Ordinances to allow animal boarding for any purpose whatsoever. Thank you for your consideration. Nancy and George Nachtigall 2712 Centenary Street Houston, TX 77005 I Clay Chew From: Jones, Jim [james.jonesll @padgett-cpa.com] Sent: Wednesday, June 03, 2015 9:23 AM To: Clay Chew Subject: Animal Boarding Clay, Thank you for your email alerting me to requested changes to the ordinance affecting animal boarding. I am staunchly opposed to any change in the ordinance as enacted. The veterinary clinic in question knew or should have known about this ordinance before ever breaking ground. While unfortunate for him,the residents of West U should not have to run the risk of diminished property values based on his/her lack of due diligence. Thanks again. Jim Jones 4151 Swarthmore St. West University Place,TX JAMES G. JONES H Partner- Tax Services 'S , Padgett Stratemann 100 NE Loop 410, Suite 1100 San Antonio,TX 78216 Mobile: 210.861.0386 Phone: 210.828.6281, ext. 1676 Fax: 210.826.8606 Email: jamesjonesii@padgett-cpa.com www.padgett-cpa.com The information is only intended for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this communication in error, please notify me at support@padgett-cpa.com or by telephone at 210-828-6281 and destroy this e-mail. Thank you. II • • Clay Chew From: Beau Pollock [beau @trioltd.com] Sent: Wednesday, June 03, 2015 10:09 AM To: Clay Chew Cc: NOANIMALBOARDINGINWESTU @GMAIL.COM; Sarah Ellen Pollock (spollock228 @gmail.com) Subject: West U -Animal Control Ordinances To Whom It May Concern, My family is adamantly against any changes to the existing Animal Control Ordinances for West University related to a commercial property or for profit business. Please let us know if you have any questions or we can provide more information. Sarah & Beau Pollock 2726 Albans 77005 1 r Clay Chew From: Celina Shariff [celinashariff @gmail.com] Sent: Wednesday, June 03, 2015 11:13 AM To: Clay Chew Cc: NOANIMALBOARDINGINWESTU @GMAIL.COM Dear Mr. Chew, This is to inform you and the City of West University Place that my family opposes any changes to the Animal Control Ordinances to allow animal boarding for any purpose whatsoever. And we continue to be opposed to the City's issuance of a permit for the Vet clinic with boarding facility being constructed at the corner of Albans Rd. and Kirby. Regards, Celina Shariff 2627 Albans Rd. Houston, TX 77005 1 • • • Clay Chew From: Wendy Alexander [drwenalex @gmail.com] Sent: Wednesday, June 03, 2015 12:32 PM To: Clay Chew Subject: Why a hearing on animal boarding in early June Dear Commissioners - I -Find your timing for this hearing about changing animal boarding regulations to be rather suspect. The protests against the Avian Boarding Clinic have been ongoing for months: why hold a hearing to change the regulations just when many West U residents are on travel? The week after West U Elem lets out?? Not appreciated. I'm writing you from Harvard Square, when I should be doing research. So that I don't have to put up with a kennel across the street for the next ten years, so my property values don't plummet, I have to write you, instead. I urge you to either decline changing the rules OR delay to September this hearing. Respectfully, Marion Alexander Sent from my iPhone 1 • • Clay Chew . From: Kenneth O. Gullett [kogullett@sbcglobal.net] Sent: Thursday, June 04, 2015 7:38 AM To: Clay Chew Subject: I Strongly Oppose Any Proposed Changes or Exceptions To The Animal Control Ordinances I am Kenneth 0. Gullett, a resident of the City Of West University, at 3701 Albans Road. I strongly oppose any changes or exception to the City's existing animal control ordinances. I strongly oppose any efforts by anybody to change, modify, or give exception to the existing ordinances by giving any party to construct a vet clinic, animal boarding facility or animal facility of any kind in the City of West University Place. My telephone number is 713-218-0238. Please call me if there is any confusion on my position about this issue, Sent from my iPad 1 Clay Chew From: Linda Goehrs [linda @hgprobate.com] Sent: Thursday, June 04, 2015 9:30 AM To: Clay Chew Subject: Animal Control Ordinance I am opposed to any changes to the Animal Control Ordinances. This vet clinic is 5 houses away from my house. I am worried about the decrease to my property value. Linda Goehrs 2631 Albans Linda C. Goehrs Horrigan & Goehrs, L.L.P. 5020 Montrose, Suite 500 Houston, TX 77006 (713) 659-4200 (713) 659-3804 (facsimile) linda @hgprobate.com Notice of Confidentiality: The information contained in and transmitted with this email is intended only for the individual or entity designated above. You are hereby notified that any dissemination, distribution, copying, or use of or reliance upon the information contained in and transmitted with this email by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this email in error, please notify Horrigan & Goehrs, L.L.P. by telephone at (713) 659-4200 immediately. Any email erroneously transmitted to you should be immediately returned to the sender by U.S. Mail, or if authorization is granted by the sender, destroyed. 1 Clay Chew From: Valerie Sheppard [valsheppard @sbcglobal.net] Sent: Thursday, June 04, 2015 9:58 AM To: Clay Chew Subject: Oppost Change to the Animal Control Ordinance My husband and I oppose any changes to the Animal Control Ordinance. Valerie and Ben Sheppard 2931 Amherst 1