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HomeMy WebLinkAbout07202015 BSC Agenda Item 2 • • STAFF REPORT Business of the Building and Standards Commission City of West University Place, Texas AGENDA OF: July 20, 2015 DEPARTMENT OF ORIGIN: Development Services DATE SUBMITTED: July 17, 2014 PRESENTER: Clay Chew, CBO, CFM PREPARED BY: Clay Chew, CBO, CFM City Building Official City Building Official STAFF PRESENTER: SUBJECT: Veterinary Facility. Amend Clay Chew, CBO, CFM Chapter 14, Article III, Section 14-72 and 14- City 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 uses 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. Although City Council passed this ordinance on the first reading, there were concerns of allowing dogs to be walked on the premises. Also, due to the configuration of this property, it has a greenspace next to a Single Family District. There is a concern that future facilities might not have this additional space. Requiring a bufferyard would provide separation and protection for SF Districts. 1 • • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 14, ANIMALS, ARTICLE III, DOGS AND CATS, OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS BY AMENDING SECTIONS 14- 72 AND 14-76 AND ADDING A NEW SECTION 14-89 FOR THE PURPOSE OF ALLOWING VETERINARY FACILITIES TO OPERATE WITHIN THE CITY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. Chapter 14, Animals, Article III, Dogs & Cats of the Code of Ordinances of the City of West University Place, Texas is amended by the amendment of existing Sections 14-72 and 14-76 and the adoption of a new Section 14-89 to read as set out in Appendix A, attached hereto. All other portions of Chapter 14 of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. This Ordinance takes effect immediately upon its passage and adoption on second reading. {00172679.DOCX2} • PASSED, APPROVED AND ADOPTED ON FIRST READING on the day of , 2015. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED, on the day of _, 2015. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Attest: Signed: City Secretary (Seal) Mayor Recommended: City Manager Approved as to legal form: City Attorney {00172679.DOCX2} • Appendix "A" New Language shown by underline Sec. 14-72. - Maximum number on premises. (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_ 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. This section does not apply to a veterinary facility permitted by Section 14-89 Sec. 14-89. — Veterinary Facility. a. Definition. 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 veterinary professional. b. Permitted Activities. A veterinary facility is permitted to keep and maintain animals at any time, provided i) they are receiving medical treatment, ii)they are within the interior walls of the facility, except when they are being walked, on a leash, one at time on the facility's property, iii) the area is air conditioned, iv)the area is soundproofed so barking can't be heard beyond the facility's property line, v) no adverse odors are detectible beyond the facility's property line, and vi) the facility is otherwise in compliance with all municipal ordinances. c. Bufferyard. A veterinary facility shall have a 30 foot bufferyard from a SF District. Bufferyard shall not be used for any purpose associated with the care of animals such as dog walking. Mechanical equipment, emergency back-up power and other equipment necessary for the facility shall be allowed. {00172679.DOCX2} • ARTICLE 2. - DEFINITIONS AND INTERPRETATIONS do not limit this definition, are gasoline fueling facilities, automobiles sales or repair facilities and "drive-through" or"drive-in" establishments. Bar. Any commercial unit within which either: (i) 50 percent or more of the gross floor area is devoted primarily to the preparation or sale of alcoholic beverages for consumption on the premises; or (ii) the sale of alcoholic beverages for consumption on the premises accounts for 50 percent or more of the gross sales with such commercial unit in any month out of the three preceding months. Block. An area bounded by street areas and occupied by or intended for occupancy by buildings. Block face. A continuous row of parcels of land all on one block and all touching a given street. Bufferyard, SF. A yard in a non-SF District buffering an SF District. It is measured from the nearest part of an SF District. See the "Yards"table in Article 7. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or moveable property of any kind. Two attached buildings are considered a single building unless they are separated by a firewall unbroken by interior passageways or openings. See definition of"detached." Building official. The person designated as such under the City's building code. Building site. See Article 5. An "old" building site was established with its present boundaries before October 24, 1987. A"new" building site is any other building site. C District. The Commercial District. Certified sound emission level. This level is measured in bells according to the Air Conditioning and Refrigeration Institute's reference test method ARI270-84 ("Standard for Sound Rating of Outdoor Unitary Equipment"), or equivalent method approved by the Administrative official. See Table 7-6. City. The City of West University Place, Texas. City Council. The governing body of the City of West University Place, Texas. Commercial (C) District. Includes all C and all portions of a planned development district (PDD) designated primarily for commercial uses. Commercial unit. A building or part of a building occupied or capable of being occupied as a separate business or commercial establishment. Commercial uses, light. Any commercial district use except an auto-intensive use or one of the other medium commercial uses. Examples 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. Commercial uses, medium. Any commercial district use composed of one or more of the following uses: auto-intensive use, night assembly use, theater use, bar use, club use, physical fitness facilities or health care facilities use. Any use which is partially a light commercial use and partially a medium commercial use shall be deemed to be a medium commercial use for all purposes. Common-use area. This term includes areas within street areas, easements (other than local-service easements) and other similar common-use areas. A "local-service easement" is an easement which: (i) is designed or intended to provide utility service, secondary access (but not primary access), maintenance or similar supporting service to the parcel where it lies or to an adjacent parcel; and (ii) as a practical matter, allows the fee-simple owner of the parcel to enjoy substantial use of the easement area. A flood control easement is a common-use area, not a local-service easement. Comprehensive plan. The document adopted by the City Council by Ordinance No. 1641, passed finally on May 8, 2000, as the document is amended, from time to time. Page 3 • ARTICLE III. - DOGS AND CATS 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. 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