A highly controversial effort to create an ordinance to establish new requirements and limitations which would change the current zoning of “animal lots” within the city limits was tabled Tuesday morning after a few landowners voiced their opinions on the subject.
The decision was unanimously made after citizens Linda Wheeless and Rocky England voiced their concern of not being able to enjoy to the fullest use of their acreage which is within the Brownwood City limits. Both have properties with more than the required one acre, however number of animals they could raise would be greatly lessened. While Wheeless asked the council to consider the type of animals when considering the amount of animals per acre, England asked the council to slow their decision, and to table the vote for a chance to look at the matter more closely before moving forward.
Wheeless asked council members to “think of everyone before you make a decision, one size does not fit all.” Wheeless further explained that her herd of goats are a very familial group and she had three generations of animals that still sleep in a huddle and that it breaks her heart to have to sell any of her goats.
Ryan Locker, citizen and also member of the city’s Planning and Zoning committee, stated that he felt the ordinance was necessary to address the rights of citizens who chose city living and who worry about property values being decreased due to neighboring properties with animals within the city limits.
“I ask the council to move forward on this item. The residential classification is a much needed clarification and tool for the planning and zoning board’s toolbox,” said Locker who stated this creates an agreement of what residential zoning allows.
The council voted to table the decision and will now allow more time for the Planning and Zoning Committee to review citizen concerns.
Mayor Stephen Haynes asked for clarification after the tabling of the ordinance from City Attorney Pat Chesser. According to Chesser, although the city council passed the proposed ordinace on first reading two weeks ago, the matter would have to be taken from the beginning, discussed and presented as a first reading again once the Planning and Zoning committee made a recommendation and then again at a later meeting on second, third and final readings.
In the proposed ordiance that was tabled, 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 would have been eliminated. Livestock would still be permitted in zones C-1, C-2, M-1, M-2, A-1 and ranchette subdivisions. Property owners would 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” was to be 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 would also consider the formation 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.
In other matters on the agenda Tuesday:
*Council also unanimously approved the changing of zoning classification for 1300 block of Epley Street from a Multi-Family Residential District to MH Manufactured Home district. Owners Raymond and Joy Bible plan to place mobile homes on the property for each of their two sons.
*A resolution relating to the delegation of authority to approve tax lien transfers was approved pursuant to Section 32.06 of the Texas Property Code. According to city manager Bobby Rountree, Brown County Appraisal District has been executing tax liens and the statute is under review by the Texas Attorney General . Pending the decision of the AG, the BCAD has requested that the resolution be established to ensure that the BCAD is in compliance with the law. The new resolution grants the tax assessor-collector authority to act on our behalf in executing these tax lien transfers.
*Although revenue is down for the year in the city’s budget, Chief Financial Officer, Walter Middleton stated that city investments are gaining a very minute increase in interest paid and that the sale of certificates of obligation (bonds sold) have added $10,000,000 to the city’s investments. The lower amount of revenue according to Middleton is continuing to be from the lower amount of water sales which has been caused by the restrictions resulting from the drought
*Brownwood Area Chamber of Commerce Tourism Manager Sunni Modawell brightened up the reports section of the meeting with the Convention and Visitor’s Bureau report. According to Modawell, several events, tournaments and other activities held in Brownwood in the past year have resulted in increased tourism related dollars being pumped into the local economy. According to Modawell, the 2011 Economic Impact report was recently released and showed very encouraging numbers for Brownwood. The report stated that Brownwood experienced increased visitor spending of $48.9 million from $44.2 million in 2010, an increase of nearly $100,000 in sales tax revenue from tourism spending and increased tourism related jobs in Brownwood from 552 in 2010 to 620 in 2011.
Pictured at top: Linda Wheeless addresses the council with her concerns. Below, Rocky England asks the council to table the item.
