Because of complaints received from citizens regarding livestock being kept in their neighborhoods, Brownwood City Council is moving to amend current zoning codes regarding the keeping of animals on properties within the city. At Tuesday’s council meeting, an ordinance was passed on first reading and will be considered again at the next regular meeting of the council for 2nd, 3rd and final readings before it is implemented.
According to City Manager Bobby Rountree, these complaints range from noise, odors, flies, droppings to unsanitary runoff onto adjacent properties. Currently the city allows animals (including livestock) in all zoning districts where property size equals or exceeds one acre. City staff has looked at re-wording the “private animal lots” section of the zoning code in an effort to alleviate or minimize these complaints.
Brownwood’s Planning and Zoning Commission first held a public hearing regarding the ordinance change on May 3rd, which was well attended by citizens, with evenly divided support and opposition of the proposed changes, explained Rountree. At that meeting, action was tabled and a sub-committee was formed consisting of planning and zoning members Rick Newton and Donnie Stegemoller along with staff members Jodie Kelly, Kevin Pate and Pat Chesser to further research and discuss the ordinance changes. This subcommittee met on May 15th and made additional changes and clarifications to the ordinance and re-submitted the changes to the P&Z Commission for a second public hearing which was held on June 7th. This hearing was well attended by citizens; however, only a few citizens spoke to the commission, said Rountree. The P&Z Commission at that time voted unanimously to recommend revising the zoning ordinance as submitted by the sub-committee.
According to a briefing sheet regarding the recommended changes:
The keeping of livestock in all residential zones (R-1, R-1A, R-1B, R-2, R-3, and MH) and in commercial zones of CN, C-U, C-2A and CO will be eliminated. Livestock will still be permitted in zones C-1, C-2, M-1, M-2, A-1 and ranchette subdivisions. Property owners will be allowed to keep one adult animal per acre in zones C-1, C-2, M-1, and M-2, and three adult animals per acre in A-1 and ranchette subdivisions. Acreage calculations would be changed to “free roaming areas,” not including any structures, which the animals would not be able to use.
The term “animal lot” is being replaced in the ordinance with “livestock” and a definition of livestock was added. “Livestock: means domestic animals other than dogs, cats or their household pets, typically raised for human consumption, fiber and/or labor and shall include, but not be limited to horses, cows, mules, burros, sheep, goats, llamas, alpacas, any hybrid of these or any other four legged animal.”
Further stipulations include having to provide adequate shelter for livestock and that the this shelter cannot be located within 75 feet of a property line or street right-of-way, have proper fences, and pens for poultry, describes the cleaning of manure and droppings and describes any health hazard related to livestock must be minimized.
For property owners who are currently keeping livestock and whose properties will become non-conforming when the ordinance changes are enacted, a chance will be given to petition the rezoning of their property or to register as a non-conforming property to allow the property owner to present their case to the P&Z board of Adjustment to receive an amortization schedule to become compliant. Each case is unique and therefore, not all amortization schedules will be the same. Property owners who approach the city with a re-zoning request within a specified timeframe (which has not been determined) will be able to have the current $300 re-zone fee waived.
The P&Z Commission is also considering the creation of a new zoning district which will be named “RR-Residential Rural” for properties which are not currently located in a residential district but might be conducive to the keeping of livestock. Examples of such could include those properties within an area with extensive floodplain, located adjacent to the city limits, or have large utility easements through the property or are otherwise restricted for development. In that case, one adult animal per acre would be allowed.
Property owner Rocky England, who lives on Willis Street, stated that he was opposed to these changes as some people whose properties will be rezoned and who currently keep livestock could face a devaluation of their property.
“My biggest concern is property rights,” said England. “Once you buy it (property) you should have the use and not be told three months later that the use is going to be changed.”
According to City Attorney Pat Chesser, the new Rural Residential zoning will allow larger pieces of property to keep animals and that the city will rezone where it is appropriate to allow.
“We are going to make sure we are doing everything legally and appropriately,” said Chesser. “We’re trying to promote the community and to make it better.”
The issue will be on the next city council agenda for consideration of final approval.
In other matters on Tuesday’s agenda:
*Council approved on first reading a change in zoning classification for Industrial First Addition, Block 10, Lots 7-14, located at 1305 Epley Street, from R-3 Multi-Family Residential District to MH Mobile Home District. The matter will be considered again on 2nd, 3rd and final readings at the next regularly called meeting.
*A resolution authorizing the City of Brownwood to participate in the Local Park Grant Program by applying for $100,000 Outdoor Recreation Grant from the Texas Parks and Wildlife Department Recreation Grants Branch was approved.
*Council approved a Memorandum of Understanding with the Ron Jackson State Juvenile Correctional Complex for the use of the Coliseum in the event of an evacuation. According to City Manager Bobby Rountree, the availability of the Coliseum would be at the discretion of the City. This relocation of would be in the event the residents were forced to evacuate from the Ron Jackson Unit in the event of a man-made or natural disaster and would be necessary for up to 48 hours until the agency makes arrangements for the residents to return to the Ron Jackson Unit or elsewhere. Any expenses due to the evacuation would be reimbursed by the state according to Rountree. The unit currently houses an average of 100 residents and has the capacity to house up to 240.
