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 kennels, veterinarian clinics and grooming facilities; authorizing publication; provide for penalties; and establishing an effective date. City of Keller, applicant. (UDC-22-0003)
Action Requested:
Conduct a public hearing and consider amendments to Articles 3 and 8 of the Unified Development Code related to kennels, veterinarian clinics and grooming facilities.
Background:
Staff recently received multiple inquiries from businesses interested in offering services related to the care, grooming and boarding of animals. Some businesses expressed difficulty in navigating the UDC definitions and use charts related to these services; staff experiences similar challenges applying the UDC to various business requests.
Analysis:
In reviewing the existing UDC definitions and use charts, Staff found that pet grooming was often combined with veterinarian uses, that no definition addressing grooming only existed, and that kennels were allowed in all residential districts. Given the adjacency concerns kennels in particular can cause, staff is proposing use requirements that will allow the Planning and Zoning Commission and City Council to take such concerns into consideration. Staff is recommending removing kennels from all residential zoning districts.
Proposed Amendments:
See Exhibit “A”
Summary:
The proposed UDC Amendments include:
1. Adding a definition for “Kennels, Grooming Only” as follows: An establishment whose business is the cleaning, styling and appearance maintenance of animals or the handling of animals in preparation for these services. No boarding or overnight stays permitted.
2. Modifying the existing definitions for “Kennels (Indoor Pens)” and “Kennels (Outdoor Pens)” so that they apply to establishments serving one or more animals of any age. Currently, animals must be at least one year old.
3. Adding a definition for “Veterinarian Clinic with Supplemental Services” to provide guidelines for veterinarians that wish to provide additional services such as boarding, grooming, training and daycare.
4. Adding a definition for “Domestic Animals” as follows: any animal other than livestock that lives and breeds in a tame condition including, but not limited to: dogs, cats, small birds, domesticated hares and rabbits, and other animals kept as pets.
5. Removing “Kennels” from the list of allowed uses in all residential zoning districts (previously allowed by SUP).
6. Adjusting the uses related to Kennels and Veterinarian Clinics in all other zoning districts.
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 May 13, 2022 and May 29, 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 May 24, 2022 the Commission voted to unanimously recommend approval of the proposed UDC amendments with the following conditions:
§ Include reference to the Domestic Animal definition in definitions that reference domesticated animals.
§ Remove Kennels from the list of allowed uses, even by SUP, from the Katy Road zoning district use chart. (The Commission rightly pointed out that staff had removed SUPs from the Light Industrial and Industrial Park zoning districts that mirrors Katy Road in uses but not the Katy Road zoning district. By removing it from Katy Road, it ensured that the goal of protecting animals from potential harm caused by manufacturing side effects would be avoided.)
§ Clarify in the definitions and use charts what type of pens (outdoor or indoor) are allowed with each use
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) (Planning and Zoning Commission recommendation).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.