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Home My WebLink About10-14-19 PZ Agenda PacketPage 1 of 2 TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING AGENDA October 14, 2019 WESTLAKE TOWN HALL 1500 Solana Blvd., Building 7, Suite 7100 1st FLOOR, COUNCIL CHAMBERS WESTLAKE, TEXAS 76262 Meeting: 5:00 p.m. Work Session 1.CALL TO ORDER 2.CITIZEN COMMENTS 3.DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING AGENDA. 4.DISCUSSION AND UPDATE REGARDING COMMISSION RULES, PROCEDURES, AND MEMBERSHIP. 5.STANDING ITEM: PRESENTATION AND DISCUSSION OF DEVELOPMENT PROJECTS PER SEPTEMBER 2019 REPORT. 6.ADJOURNMENT Regular Session will begin immediately following the work session 1.CALL TO ORDER 2.DISCUSSION AND CONSIDERATION OF THE MINUTES FROM THE MEETING HELD ON SEPTEMBER 16, 2019. Page 2 of 2 3. CONDUCT A PUBLIC HEARING AND CONSIDER RECOMMENDATION OF A PRELIMINARY SITE EVALUATION FOR SCHWAB WAY, LOCATED BETWEEN STATE HIGHWAY 114 AND J.T. OTTINGER ROAD. 4. CONDUCT A PUBLIC HEARING AND CONSIDER RECOMMENDATION OF AMENDMENTS TO CHAPTER 102 ZONING, SECTION 66 FARM ANIMALS AND HORSES, TOWN OF WESTLAKE CODE OF ORDINANCES, REGARDING PROPOSED CHANGES TO REQUIREMENTS FOR KEEPING CERTAIN ANIMALS ON A PROPERTY. 5. ADJOURNMENT CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Bldg. 7, Ste. 7100, Westlake, Texas, 76262, October 9, 2019, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Tanya Morris, Assistant to the Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. CITIZEN COMMENTS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. Any person desiring to make a public comment must first be recognized by the presiding officer and sign in at the podium with their name and address. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. Any item presented may be noticed on a future agenda for deliberation or action. Planning and Zoning Item # 2 – Citizen Comments Back up material has not been provided for this item. DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING AGENDA. NO ACTION WILL BE TAKEN DURING THE WORK SESSION. Planning and Zoning Item # 3 – Back up material has not been provided for this item. Page 1 of 1 Westlake Planning and Zoning Commission TYPE OF ACTION Workshop - Discussion Item Westlake Planning and Zoning Commission Meeting Monday, October 14, 2019 TOPIC: Discussion and Update regarding Commission rules, procedures, and membership STAFF CONTACT: Ron Ruthven, Planning and Development Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Time Line - Start Date: October 14, 2019 Completion Date: October 14, 2019 Funding Amount: N/A Status - N/A Source - N/A Contract: No Forms: N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The purpose of this item is to discuss recent amendments approved by the Town Council that affect the total members on the Commission and to discuss possible changes to meeting procedures. DEVELOPMENT REPORT SEPTEMBER 2019 1 Westlake Keller Trophy Club Southlake Roanoke SH 11 4SH170 DAVISBLVDROANOKE RDUS 377DOVE RD PEARSON LNMAIN ST JTOTTINGE R RD SOLANA BLVD I NDIA N CREEKDR SCHWAB WAY WALNUTSTPA R I S H L N W ESTLAKEPKWYTR O PH YC L U B D R SH 1 1 4 I N D IA N C R E E K D R DOVE RD SH 170 SOLAN A B L V D S H 170TROPHYCLUB DR FIDELITY INVESTMENTS QUAIL HOLLOW GRANADA VAQUERO RES IDENT IAL ADD IT ION GLENWYCK FARMS DELOITTE UNIVERSITY SHELBY ESTATES TERRA BELLAKNOLLS AT SOLANA VAQUERO-ARTHURK & R RO G E R S E S T AIKMAN ADDITION 5 51 38 37 19 17 14 13 73 72 71 47 46 45 43 40 3635 34 3029 28 25 23 15 11 LLEGEND County Boundary Subdivisions Town Limits UPDATED: MONDAY, OCTOBER 7, 2019 N PROJECT TYPE Announced Conceptual Under Construction Existing 0 0.5 10.25 Miles 1 in = 0.4 miles THE TOWN OF WESTLAKE DEVELOPMENT MAP 2 DEVELOPMENT ACTIVITIES STATUS—SEPTEMBER 2019 Project No. Project / Development Name Land Use Number of Lots/Units Size Development Status Percent Complete Estimated Completion 5 Vaquero Residential 296 510 acres 270/296 lots under construction or completed 89.19% 2025/2026 11, 45, 46, 47 Charles Schwab Phase 1 Office 554,000 29 acres Phase 1 under construction; nearing completion 90% Fall 2019 13 Granada Residential 84 84 acres 69/84 lots under construction or completed 70.24% 2022/2023 14 Carlyle Court Residential 8 10 acres 8/8 lots under construction or completed 81.25% 2020 15 Knolls at Solana Residential 56 62.5 acres Infrastructure improvements under construction 65% 2019/2020 17 Quail Hollow Residential 93 188 acres 15/96 lots under construction 8.60% 2030+ 19 Terra Bella Residential 26 55 acres 25/26 lots under construction or completed 86.54% 2021/2022 23, 72, 73 Charles Schwab Phase 2 Office 616,000 30 acres Phase 2 site work under construction; buildings proceeding vertical 30% 2021 25 Spec’s Retail 1 12,000 sf Additional square footage / remodel under construction; completed 100% 2019 3 DEVELOPMENT ACTIVITIES STATUS—SEPTEMBER 2019 Project No. Project / Development Name Land Use Number of Lots/Units Size Development Status Percent Complete Estimated Completion 28 Entrada Residential Residential J: 6 units I: 12 units E: 12/14 units 322 total 2,700sf- 4,500sf Block J has 6/6 lots currently under construction Block I has 12/12 lots currently under construction Block E has 12/14 lots currently under construction 4.97% N/A 29, 30 Entrada Retail Corner Retail / Office 4 ~50,000 s.f. Retail corner under construction 70% 2019/2020 34 Entrada Plaza Mayor Hospitality, Condominium, Retail 4 5 acres Project on hold due to potential Development / Site Plan revisions -% N/A 35, 38, 40, 43, 71 Restaurant Row / Chapel & Reception Hall / Gas Well Garage Restaurants / Entertainment 5 A: 15,422 sf B/C: 22,414 sf Under construction 22.50% 2019/2020 51 Paigebrooke Residential 6 20 acres 5/6 lots under construction or completed 75% N/A 4 RESIDENTIAL SUBDIVISION BUILDOUT—SEPTEMBER 2019 Subdivision Name Plat Date Total Lots Vacant Lots Acres Development Status Permits Issued Finals Issued Percent Complete Carlyle Court 3/7/2016 8 0 10.2 Mostly built-out 8 5 81.25% Carpenter Addition 12/9/1977 14 0 31.6 Built-out 14 14 100.00% Entrada 12/14/2015 322 292 85.9 Under development 30 5 5.90% Glenwyck Farms 3/13/2000 84 0 104.3 Built-out 83 83 98.81% Granada 6/17/2013 84 15 84.3 Under development 69 49 70.24% Knolls at Solana - 56 56 62.5 Under development 0 0 0.00% Paigebrooke 3/8/2004 6 1 20.3 Mostly built-out 5 4 75.00% Quail Hollow 3/28/2016 93 78 188.3 Under development 15 1 8.60% Shelby Estates 4/7/1981 6 1 65.7 Mostly built-out 5 5 83.33% 5 RESIDENTIAL SUBDIVISION BUILDOUT—SEPTEMBER 2019 Subdivision Name Plat Date Total Lots Vacant Lots Acres Development Status Permits Issued Finals Issued Percent Complete Spencer Ranch - 38 38 37.8 Concept Plan Approved 0 0 0.00% Stagecoach 8/16/1971 22 3 55.5 Mostly built-out 19 19 86.36% Terra Bella 11/11/2008 26 1 54.8 Under development 25 20 86.54% Vaquero 3/27/2000 296 26 510 Mostly built-out 270 258 89.19% Wyck Hill 4/3/1996 13 1 22.4 Mostly built-out 12 12 92.31% Other/Miscellan eous - 68 15 -Mostly built-out 53 52 77.21% Total 1,136 528 1,333.60 608 524 49.82% 6 Block J Block I Block I (Piedra Court) SP | Ord 847 | 2-26-18 Gas Well Pad Site SP | Ord 778 | 3-28-16Block P Block M Block H Block G Block F Block L Sales OƵce Block D Primrose CVS Amphitheater SP | Ord 777 | 03-28-16 Restaurant Row SP | Ord 779 | 3-28-16 Block B Block J (Catalonia Court) SP | Ord 783 | 4-25-16 RP | Ord 791 | 8-22-16 Block E (Comillas Court) SP | Ord 837 | 9-11-17 RP | Res 18-10 | 2-26-18 CVS SP | Ord 762 | 12-14-15 FP | Ord 761 | 12-14-15 Primrose SP | Ord 763 | 12-14-15 FP | Ord 761 | 12-14-15 Retail Corner SP | Ord 771 | 2-22-16 RP | Ord 809 | 12-12-16 Town Hall RP | Ord 810 | 12-12-16Block DPlaza Mayor SP | Ord 854 | 5-21-18 Chapel / Reception Hall SP | Ord 853 | 4-30-18 Phase 2 DP | Ord 830 | 06-19-17Block E BUILDING LEGEND Site Plan Received Site Plan Approved Building Permit Received Building Under Construction Building Completed Block C ENTRADA STATUS MAP — SEPTEMBER 2019 7 ENTRADA PROEJCT STATUS—SEPTEMBER 2019 Project Name Total Lots / Units Size Contractor Development Status Estimated Completion CVS Pharmacy 1 13,378 sf Wurzel Builders Completed February 2017 Primrose Daycare 1 12,460 sf Cooper General Contractors Completed May 2017 Entrada Sales Office 1 3,463 sf Crescent Custom Homes Completed June 2018 Entrada Retail Corner 3 Retail Office: 43,336 sf Starbucks: 2,834 sf Retail 1: 1,370 sf Crescent Custom Homes Under construction 2019/2020 Entrada Residential Block J 6 4,500 sf avg Calais Custom Homes Under construction; 1 unit complete 2019/2020 Entrada Residential Block E 14 5,000 sf avg Crescent Custom Homes Under construction; 1 unit complete 2019/2020 Entrada Residential Block I 12 3,600 sf avg Pentavia / Atwood Custom Homes Under construction 2020 Pedestrian Bridge 1 -Crescent Custom Homes Under construction; nearing completion 2019 Gas Pad Parking Garage 1 148,398 sf Crescent Custom Homes Under construction 2019/2020 8 ENTRADA PROEJCT STATUS—SEPTEMBER 2019 Project Name Total Lots / Units Size Contractor Development Status Estimated Completion Restaurant Row 2 lots 3-6 restaurants A: 15,422 sf B: 22,414 sf Crescent Custom Homes Under construction; Restaurant A nearing completion 2019/2020 Chapel & Reception Hall 2 Chapel: 3,207 sf Reception Hall: 14,418 Crescent Custom Homes Under construction 2020 Entrada Plaza Mayor N/A N/A N/A Project on hold due to potential Development Plan and Site Plan revisions; N/A 9 Town of Westlake's Building Permits Issued - Last Month Month of September, 2019 Project Number Project Type Full Address Permit Issued Date Owner Name Tenant Name Business Name Square Footage Value RMDLC - 19 - 0213 Commercial Remodel Permit (C) 1500 Solana Blvd. Bldg. No. 5 Suite 5500 Westlake, TX 76262 09/05/2019 Glenstar Glenstar Northgate Construction 22,178 $45,500.00 RMDLC - 19 - 0222 Commercial Remodel Permit (C) 1500 Solana Boulevard Bldg. No. 6 Suite 6100 Westlake, TX 76262 09/23/2019 Glenstar Core-Mark Northgate Construction 18,127 $1,080,000.00 RMDLC - 19 - 0239 Commercial Remodel Permit (C) Deloitte University 1 Deloitte Way 2501 Westlake Parkway Westlake, TX 76262 09/24/2019 DCLI, LLC Deloitte Turner Construction Company 5,000 $2,300,000.00 RMDLC - 19 - 0237 Commercial Remodel Permit (C) Deloitte Barn 2 Deloitte Way Westlake, TX 76262 09/24/2019 DCLI, LLC Deloitte University Turner Construction Company 5,000 $5,300,000.00 Commercial Remodel Permit (C) Total Value $8,725,500.00 (Avg.: $2,181,375.00) Total Square Footage 50,305.00 (Avg.: 12,576.25) MYGOV.US Town of Westlake | Building Permits Issued - Last Month | Printed 10/07/2019 at 10:00 AM Page 1 of 5 10 Permits Issued:4 IRR - 19 - 0244 Irrigation Permit (R) 1714 Post Oak Pl. Westlake, TX 76262 09/25/2019 Israel Bernal Calvary Landscape $18,000.00 IRR - 19 - 0233 Irrigation Permit (R) 2217 Castilian Path Westlake, TX 76262 09/25/2019 Bryan McMilan Texas Landsculpture $9,000.00 Irrigation Permit (R) Total Value $27,000.00 (Avg.: $13,500.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:2 HVACC - 19 - 0223 Mechanical Permit (C) 2050 Roanoke Rd. Westlake, TX 76262 09/06/2019 Aramark Corporation Charles Schwab Synergy Environmental Services $167,648.00 Mechanical Permit (C) Total Value $167,648.00 (Avg.: $167,648.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:1 HVACR - 19 - 0207 Mechanical Permit (R) 13059 Roanoke Rd. Westlake, TX 76262 09/04/2019 Roan Acquisitions Llc A Better Deal Heating & Air $6,980.00 HVACR - 19 - 0243 Mechanical Permit (R) 2008 Wood Thrush Ct. Westlake, TX 76262 09/30/2019 Jeppesen Christian Dean A#1 AIR $10,000.00 MYGOV.US Town of Westlake | Building Permits Issued - Last Month | Printed 10/07/2019 at 10:00 AM Page 2 of 5 11 HVACR - 19 - 0218 Mechanical Permit (R) 2305 Cedar Elm Terr. Westlake, TX 76262 09/05/2019 Monacelli Eugene C Crawford Services (Mechanical)$13,087.00 Mechanical Permit (R) Total Value $30,067.00 (Avg.: $10,022.33) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:3 COMM - 19 - 0226 New Commercial Building (C) 1810 Oak Glen Ln. Westlake, TX 76262 09/20/2019 Quail Hollow Development II LLC Michael Lorant Estate Homes 96 $5,909.76 New Commercial Building (C) Total Value $5,909.76 (Avg.: $5,909.76) Total Square Footage 96.00 (Avg.: 96.00) Permits Issued:1 SFR - 19 - 0209 New Single Family Home Permit (R) 1620 Meandering Way Dr. Westlake, TX 76262 09/03/2019 Kimberly Whitsett Peter Whitsett SCH Homes 7,820 $3,600,000.00 SFR - 19 - 0212 New Single Family Home Permit (R) 1814 Seville Cove Westlake, TX 76262 09/09/2019 Michael & Lynnet Asselta Larry Stewart Custom Homes 8,102 $1,453,000.00 New Single Family Home Permit (R) Total Value $5,053,000.00 (Avg.: $2,526,500.00) Total Square Footage 15,922.00 (Avg.: 7,961.00) Permits Issued:2 MYGOV.US Town of Westlake | Building Permits Issued - Last Month | Printed 10/07/2019 at 10:00 AM Page 3 of 5 12 PLMBR - 19 - 0240 Plumbing Permit (R) 1501 Wills Ct. Westlake, TX 76262 09/24/2019 Deerman Justin Cathedral Plumbing $9,400.00 PLMBR - 19 - 0249 Plumbing Permit (R) 5920 Mahotea Boone Trl. Westlake, TX 76262 09/24/2019 Hagman Joseph E Burton's Mechanical $35,000.00 Plumbing Permit (R) Total Value $44,400.00 (Avg.: $22,200.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:2 POOL - 19 - 0232 Pool Permit 1613 Meandering Way Dr. Westlake, TX 76262 09/23/2019 Carl Smallwood Jeff Smallwood Claffey Pools 957 $80,000.00 Pool Permit Total Value $80,000.00 (Avg.: $80,000.00) Total Square Footage 957.00 (Avg.: 957.00) Permits Issued:1 ROOF - 19 - 0250 Roof Permit 1762 Hidden Springs Ct. Westlake, TX 76262 09/25/2019 Rennhack Richard CLC Roofing 9,700 $30,000.00 Roof Permit Total Value $30,000.00 (Avg.: $30,000.00) Total Square Footage 9,700.00 (Avg.: 9,700.00) Permits Issued:1 MYGOV.US Town of Westlake | Building Permits Issued - Last Month | Printed 10/07/2019 at 10:00 AM Page 4 of 5 13 WWPP - 19 - 0227 Water Well Permit 1723 Cypress Way Westlake, TX 76262 09/13/2019 Scott Simmons Barco Well Service $45,000.00 WWPP - 19 - 0231 Water Well Permit 1718 Cypress Way Westlake, TX 76262 09/13/2019 Brad Mason Simmons Estate Homes Barco Well Service $45,000.00 Water Well Permit Total Value $90,000.00 (Avg.: $45,000.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:2 TOTALS:Square Footage:76,980.00 (Avg.: 4,051.58) Value:$14,253,524.76 (Avg.: $750,185.51) Total Projects:19 Permits Issued:19 MYGOV.US Town of Westlake | Building Permits Issued - Last Month | Printed 10/07/2019 at 10:00 AM Page 5 of 5 14 Planning and Zoning Item # 6 – Adjournment Work Session Back up material has not been provided for this item. P&Z Minutes 09/16/19 Page 1 of 4 MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING September 16, 2019 PRESENT: Chairman Tim Brittan and Commissioners Liz Garvin, Kim Morris, Sharon Sanden, Ken Kraska, and Brad Swearingen ABSENT: Michelle Lee OTHERS PRESENT: Town Attorney Matthew Butler, Assistant Town Manager Jarrod Greenwood, Director of Planning Ron Ruthven, Administrative Assistant to the Town Secretary Tanya Morris, Development Coordinator Nick Ford, Fire Chief Richard Whitten, and Communications Manager Jon Sasser Work Session 1. CALL TO ORDER Chairman Brittan called the work session to order at 5:32 p.m. 2. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED COMMISSIONER. Assistant to the Town Secretary Morris administered the Statement of Appointed Officer and the Oath of Office to Brad Swearingen. P&Z Minutes 09/16/19 Page 2 of 4 3. DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING AGENDA. Director Ruthven provided an overview of Item 3 on the agenda. 4. STANDING ITEM: PRESENTATION AND DISCUSSION OF DEVELOPMENT PROJECTS PER AUGUST 2019 REPORT. Director Ruthven provided a presentation over the following items: Schwab: Phase I nearing completion, beginning Phase II, landscaping on campus, parking garages for Phase I and II, size and types of trees to be planted, Schwab Way connection to Ottinger Road, current traffic counts on Ottinger Road, and possible impact of traffic at Westlake Academy. The Knolls: Landscaping on and near retaining walls and construction of roads. The Plaza at Solana: Building permits ready to be issued for parking lot reconstruction. Davis Boulevard: Construction in Southlake nearing completion and all traffic lanes are now open. Entrada: Stone is finished on base of tower, exterior of Starbucks is almost complete, stone panels on tower should go up soon, timeline for completion, parking garage and gas well pad timeline for completion, progress on restaurants, pedestrian bridge near completion, gas well pad has been capped, possibility of request for more single family homes, infrastructure construction complete for first phase of development, street signage, water way completion, and service road construction estimated to begin next year. Quail Hollow: 11 building permits issued. 5. ADJOURNMENT Chairman Brittan adjourned the work session at 6:05 p.m. Chairman Brittan excused himself from the remainder of the meeting. Regular Session 1. CALL TO ORDER Commissioner Garvin called the regular session to order at 6:05 p.m. P&Z Minutes 09/16/19 Page 3 of 4 2. DISCUSSION AND CONSIDERATION OF THE MINUTES FROM THE MEETING HELD ON AUGUST 12, 2019. MOTION: Commissioner Morris made a motion to approve the minutes. Commissioner Kraska seconded the motion. The motion carried by a vote of 5-0. 3. CONDUCT A PUBLIC HEARING AND CONSIDER RECOMMENDATION OF A PRELIMINARY SITE EVALUATION FOR AN APPROXIMATELY 37.798-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 7, KNOWN AS SPENCER RANCH. THE PROPERTY IS GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ASPEN LANE AND PEARSON RD. Director Ruthven provided an overview and of the item. Discussion ensued regarding concerns from Keller residents and erosion control plan. Commissioner Garvin opened the public hearing. No one addressed the Commission. Commissioner Garvin closed the public hearing. MOTION: Commissioner Kraska made a motion to approve the preliminary site evaluation. Commissioner Morris seconded the motion. The motion carried by a vote of 5-0. 4. ADJOURNMENT There being no further business to come before the Commissioners, Commissioner Garvin asked for a motion to adjourn. MOTION: Commissioner Swearingen made a motion to adjourn the meeting. Commissioner Sanden seconded the motion. The motion carried by a vote of 5-0. Commissioner Garvin adjourned the meeting at 6:11 p.m. P&Z Minutes 09/16/19 Page 4 of 4 APPROVED BY THE PLANNING AND ZONING COMMISSION ON OCTOBER 14, 2019. ________________________________ ATTEST: Commissioner, Liz Garvin ______________________________ Tanya Morris, Assistant to the Town Secretary Page 1 of 2 Westlake Planning and Zoning Commission TYPE OF ACTION Regular Meeting - Action Item Westlake Planning and Zoning Commission Meeting Monday, October 14, 2019 TOPIC: Conduct a public hearing and consider recommendation of a Preliminary Site Evaluation for Schwab Way, located between State Highway 114 and J.T. Ottinger Road STAFF CONTACT: Ron Ruthven, Planning and Development Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Time Line - Start Date: October 14, 2019 Completion Date: October 28, 2019 Funding Amount: N/A Status - N/A Source - N/A Contract: No Forms: N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On October 29, 2018, the Town Council approved Ordinance 870, which approved a concept/development plan for Schwab Way. As a condition of the ordinance, a preliminary site evaluation for the roadway must be approved prior to the completion of the phase two portion of the roadway. Currently, the phase one portion of Schwab Way, which extends from State Highway 114 to the western edge of the phase one Charles Schwab campus, is nearing substantial completion and should be open to vehicular traffic by mid-October 2019. According to Ordinance 870 provisions, the phase two portion of Schwab Way must be complete no later than June 1, 2021, or before a final certificate of occupancy is issued for the phase portion of the Schwab campus, whichever Page 2 of 2 occurs first. SUMMARY AND RECOMMENDATION The preliminary site evaluation complies with Ordinance 870 and Code of Ordinance requirements. Therefore, staff recommends approval of this item. ATTACHMENTS Preliminary Site Evaluation KEY MAP St a t e Hi ghway 170St at e H i ghw ay 114DC 98- 0118649 WESTLAKE RETAIL ASSOC., LTD INST # 2016- 64107 TRACT 1 CS KINROSS LAKE PARKWAY, LLC C.R.T.C.T. INST # D208308067 MARGARET B. LEE INST # 2016- 64107 TRACT 2 CS KINROSS LAKE PARKWAY, LLC TROPHY LAKE DR.R.P.R.D.C.T. INST# 2009-55583 (PARCEL) HW 2421 LAND, LP OTTI NGER RD. NORTH 0 300’ GRAPHIC SCALE 600’900’ OWNER DEVELOPER REVISIONSDATE VICINITY MAP NORTH \\srvfile2016\land development\JOB\HWA16013_CTR_Westlake_Infra\Ent\PPLAT\Schwab Way\HWA16013_PSE_Key_Map.dgn9/13/201912:12:01 PM$USER$PHONE: 817-562-3350 FORT WORTH, TX 76177 SUITE 250 9800 HILLWOOD PARKWAYFORT WORTH, TEXAS 76177 SUITE 300 9800 HILLWOOD PARKWAY WESTLAKE RETAIL ASSOCIATES, LTD FORT WORTH, TEXAS 76177 SUITE 300 9800 HILLWOOD PARKWAY WESTLAKE RETAIL ASSOCIATES, LTD SURVEYOR PLANNER / ENGINEER / A PRELIMINARY SITE EVALUATION OF SCHWAB WAY HWA16013PROJECT NO. G:JOB\ HWA16013\ENT\PPLATFILE PATH CKDRAWN BY JRREVIEWED BY 2 PHASES SCALE: 1" = 2,000’ 377 TEXAS 114 TEXAS 170 SITE JULY 3, 2019DATE EXISTING PD3-5A, PD3-5B, PD3-4 SITUATED IN THE TOWN OF WESTLAKE, DENTON COUNTY, TEXAS THE J. BACON SURVEY, ABSTRACT NUMBER 1565; THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393, SURVEY, ABSTRACT NUMBER 1154, BEING A 59 ACRE TRACT OF LAND LOCATED IN THE JESSE SUTTON DATESECRETARY DATECHAIRMAN COMMISSION FOR THE PREPARATION OF A FINAL PLAT: PRELIMINARY PLAT APPROVED BY THE TOWN OF WESTLAKE PLANNING AND ZONING DATESECRETARY DATEMAYOR PREPARATION OF A FINAL PLAT PRELIMINARY PLAT APPROVED BY THE TOWN OF WESTLAKE TOWN COUNCIL FOR THE LAND USE SUMMARY USE TOTAL FUTURE DEVELOPMENT PUBLIC ROW ACREAGE – 9 AC – 50 AC – 59 ACMATCH LINECURRENT EFFECTIVE (ZONE AE) FLOODPLAIN 100-YEAR FEMA PELOTON STUDY FLOODPLAIN 100-YEAR CITY OF ROANOKE TOWN OF WESTLAKE PHASE 2 PHASE 1 SHEET 1 SHEET 2 SCHWAB WAY PHASE 1 SCHW AB W AY PHASE 2 NORTH 0 100’200’300’ GRAPHIC SCALE OWNER DEVELOPER REVISIONSDATE VICINITY MAP NORTH \\srvfile2016\land development\JOB\HWA16013_CTR_Westlake_Infra\Ent\PPLAT\Schwab Way\HWA16013_PSE_Sheet 1.dgn9/13/201911:08:44 AM$USER$PHONE: 817-562-3350 FORT WORTH, TX 76177 SUITE 250 9800 HILLWOOD PARKWAYFORT WORTH, TEXAS 76177 SUITE 300 9800 HILLWOOD PARKWAY WESTLAKE RETAIL ASSOCIATES, LTD FORT WORTH, TEXAS 76177 SUITE 300 9800 HILLWOOD PARKWAY WESTLAKE RETAIL ASSOCIATES, LTD SURVEYOR PLANNER / ENGINEER / A PRELIMINARY SITE EVALUATION OF SCHWAB WAY HWA16013PROJECT NO. G:JOB\ HWA16013\ENT\PPLATFILE PATH CKDRAWN BY JRREVIEWED BY 2 PHASES SCALE: 1" = 2,000’ 377 TEXAS 114 TEXAS 170 SITE JULY 3, 2019DATE EXISTING PD3-5A, PD3-5B, PD3-4 SITUATED IN THE TOWN OF WESTLAKE, DENTON COUNTY, TEXAS THE J. BACON SURVEY, ABSTRACT NUMBER 1565; THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393, SURVEY, ABSTRACT NUMBER 1154, BEING A 59 ACRE TRACT OF LAND LOCATED IN THE JESSE SUTTON DC 98- 0118649 WESTLAKE RETAIL ASSOC., LTD INST # 2016- 64107 TRACT 1 CS KINROSS LAKE PARKWAY, LLC C.R.T.C.T. INST # D208308067 MARGARET B. LEE S tate Highw ay 1 70 (a v ariab le width right-o f-way )Otti n ger Roa d W SS620625 625620 61560’ ROWDATESECRETARY DATECHAIRMAN COMMISSION FOR THE PREPARATION OF A FINAL PLAT: PRELIMINARY PLAT APPROVED BY THE TOWN OF WESTLAKE PLANNING AND ZONING DATESECRETARY DATEMAYOR PREPARATION OF A FINAL PLAT PRELIMINARY PLAT APPROVED BY THE TOWN OF WESTLAKE TOWN COUNCIL FOR THE LEGEND PROPERTY BOUNDARY EXISTING MAJOR CONTOURS EXISTING MINOR CONTOURS EXISTING EASEMENTS CURRENT EFFECTIVE (ZONE AE) FLOODPLAIN 100-YEAR FEMA PROPOSED RIGHT OF WAY PHASE LINE N56 4 9 ’26"W11 9.00’406.86’N3310’34"EN7810’34"E 26.87’ 1129.22’ LC= S6052’01"W L = 1174.41’ R = 1215.00’ »¿ ˛ = 55´2 1222.89’ LC= N6053’05"E L = 1271.89’ R = 1315.00’ »¿ ˛ = 55´2 50’ROW1 0 0 ’ 30.52’ LC= N8916’38"E L = 30.52’ R = 1215.00’ »¿ ˛ = 1´2 32.21’ LC= N8917’43"E L = 32.21’ R = 1315.00’ »¿ ˛ = 1´2 EXISTING ’PD3-5A’ ZONING N8959’49"E 1513.64’ N8959’49"E 1513.64’ EXISTING ’PD3-5B’ ZONING 425.86’N3310’34"ESANITARY SEWER LINE WATER LINE MATCH LINE (SEE SHEET 2)MATCH LINE (SEE SHEET 2)N8959’49"E 1515.61’PHASE 1PHASE 2 N3310’34"E425.86’69’ 50’APPROX. SURVEY LINEAPPROX. SURVEY LINE 32.21’ LC= N8917’43"E L = 32.21’ R = 1315.00’ »¿ ˛ = 1´2 1176.05’ LC= N6052’34"E L = 1223.15’ R = 1265.00’ »¿˛= 55´2 SHEET 1 OF 2 CURRENT EFFECTIVE (ZONE AE) FLOODPLAIN 100-YEAR FEMA ABSTRACT NUMBER 393 RICHARD EADS SURVEYABSTRACT NUMBER 1565J. BACON SURVEYJESSE SUTTON SURVEY RICHARD EADS SURVEY STORM DRAIN PIPE ZONING EXISTING ’O’ R.P.R.D.C.T. INST.# 2016-64107 EX. 20’ ESMT. RESERVATION D.R.D.C.T. VOL. 4247, PG. 2908 EX. 20’ UTILITY EASEMENT WESTLAKE TOWN OF ROANOKE CITY OF ROW60’ YAW BAWHCS APPROX. TOWN LIMIT LINE R.P.R.D.C.T. INST.# 2018-5917 LINE ESMT. EX. 15’ WATER N56 4 9 ’26"W27 4.62’196.88’S0040’36"ES0317’07"W181.84’ 1756.44’ LC= N5449’26"E L = 1785.59’ R = 2844.80’ »¿ ˛ = 35´5 FUTURE DEVELOPMENT 1553.16’ LC= N8838’52"E L = 1573.13’ R = 2844.80’ »¿ ˛ = 31´ VOL. 4247, PG. 2908 EX. 40’ UTILITY ESMT. D218014508 EX. 10’ UTILITY ESMT. VOL. 3144, PG. 359 15’ COMMUNICATION ESMT. EXISTING RIGHT OF WAY APPROX. SURVEY LINE PELOTON STUDY FLOODPLAIN 100-YEAR PELOTON STUDY FLOODPLAIN 100-YEAR PUBLIC ROW FUTURE DEVELOPMENT TOTAL LAND USE SUMMARY USE ACREAGE J. BACON SURVEY – 9 AC – 50 AC – 59 AC – 10 AC – 47 AC – 2 AC LOT LINE 700 NORTH 0 100’200’300’ GRAPHIC SCALE OWNER DEVELOPER REVISIONSDATE VICINITY MAP NORTH \\srvfile2016\land development\JOB\HWA16013_CTR_Westlake_Infra\Ent\PPLAT\Schwab Way\HWA16013_PSE_Sheet 2.dgn9/13/201911:09:24 AM$USER$PHONE: 817-562-3350 FORT WORTH, TX 76177 SUITE 250 9800 HILLWOOD PARKWAYFORT WORTH, TEXAS 76177 SUITE 300 9800 HILLWOOD PARKWAY WESTLAKE RETAIL ASSOCIATES, LTD FORT WORTH, TEXAS 76177 SUITE 300 9800 HILLWOOD PARKWAY WESTLAKE RETAIL ASSOCIATES, LTD SURVEYOR PLANNER / ENGINEER / A PRELIMINARY SITE EVALUATION OF SCHWAB WAY HWA16013PROJECT NO. G:JOB\ HWA16013\ENT\PPLATFILE PATH CKDRAWN BY JRREVIEWED BY 2 PHASES SCALE: 1" = 2,000’ 377 TEXAS 114 TEXAS 170 SITE JULY 3, 2019DATE EXISTING PD3-5A, PD3-5B, PD3-4 SITUATED IN THE TOWN OF WESTLAKE, DENTON COUNTY, TEXAS THE J. BACON SURVEY, ABSTRACT NUMBER 1565; THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393, SURVEY, ABSTRACT NUMBER 1154, BEING A 59 ACRE TRACT OF LAND LOCATED IN THE JESSE SUTTON DC 98- 0118649 WESTLAKE RETAIL ASSOC., LTD INST # 2016- 64107 TRACT 1 CS KINROSS LAKE PARKWAY, LLC 610 6156 1 0 615610605600610 615615 610 INST # 2016- 64107 TRACT 2 CS KINROSS LAKE PARKWAY, LLC R.P.R.D.C.T. INST# 2009-55583 (PARCEL) HW 2421 LAND, LPState H i ghw ay 114(a vari abl e w i dt h ri ght -of-w ay)W SS 50’ROW100’ EXISTING ’PD3-5A’ ZONING N8959’49"E 1513.64’ N8959’49"E 1513.64’ EXISTING ’PD3-5B’ ZONING DATESECRETARY DATECHAIRMAN COMMISSION FOR THE PREPARATION OF A FINAL PLAT: PRELIMINARY PLAT APPROVED BY THE TOWN OF WESTLAKE PLANNING AND ZONING DATESECRETARY DATEMAYOR PREPARATION OF A FINAL PLAT PRELIMINARY PLAT APPROVED BY THE TOWN OF WESTLAKE TOWN COUNCIL FOR THE TROPHY LAKE DR. 299.48’ LC= S7300’16"W L = 303.92’ R = 512.38’ »¿˛= 33´5 261.00’ LC= S4210’23"W L = 263.84’ R = 517.88’ »¿˛= 29´1 51.56’ 32.91’ N1710’09"E N1326’29"E 91.20’ S 7523’35"E147 .00’S1710’09"W 160.61’S2734’41"W 197.23’ LC= N2910’36"E L = 199.27’ R = 400.97’ »¿˛ = 28´2 299.80’ LC= N6840’52"E L = 306.83’ R = 412.38’ »¿˛ = 42´3 S1725’21"W 8.75’77.59 ’69.41’N8959’49"E 1515.61’APPROX. SURVEY LINEN1650’24"E 102.32’ 197.23’ LC= N2910’36"E L = 199.27’ R = 400.97’ »¿˛= 28´2 MATCH LINE (SEE SHEET 1)MATCH LINE (SEE SHEET 1)CURRENT EFFECTIVE (ZONE AE) FLOODPLAIN 100-YEAR FEMA SCHWAB WAY R.P.R.D.C.T. INST.# 2016-64107 EX. 20’ ESMT. RESERVATION DC2018-128975 EX. 5’ ATMOS EASEMENT D218014505 EX. 10’ TRI-COUNTY EASEMENT DC 2018-5913 EX. 15’ WATER EASEMENT W ESTLAKETOW N OF TROPHY CLUBTOW N OF R.P.R.D.C.T. INST. # 2018-5918 SEWER EASEMENT EX. SANITARY VOL. 3144, PG. 359 EX. 15’ COMMUNICATION EASEMENT DC VOL. 3144, PG. 359 EX. 15’ COMMUNICATION EASEMENT DC 2016-64108 EX. SIGN EASEMENTDC 2016-64107 RESERVATION EX. 20’ EASEMENT DC 2016-64107 RESERVATION EX. 40’ EASEMENT C.R.T.C.T. INST. # D218014505 EX. 10’ UTILITY EASEMENT DC 2018-5914 EX. 15’ SEWER EASEMENT ABSTRACT NUMBER 393 RICHARD EADS SURVEY ABSTRACT NUMBER 1154 JESSE SUTTON SURVEY FUTURE DEVELOPMENT DEVELOPMENT FUTURE LEGEND PROPERTY BOUNDARY EXISTING MAJOR CONTOURS EXISTING MINOR CONTOURS EXISTING EASEMENTS CURRENT EFFECTIVE (ZONE AE) FLOODPLAIN 100-YEAR FEMA PROPOSED RIGHT OF WAY PHASE LINE SANITARY SEWER LINE WATER LINE STORM DRAIN PIPE APPROX. TOWN LIMIT LINE EXISTING RIGHT OF WAY APPROX. SURVEY LINE 1553.16’ LC= N8838’52"E L = 1573.13’ R = 2844.80’ »¿ ˛ = 31´ 61.55’ N7516’22"W 13.44’ S7516’22"E 108.13’ S7549’09"E S6710’21"E 317.59’ VOL. 4247, PG. 2908 EX. 40’ UTILITY ESMT. DC 2019-108676 EX. 5’ COMM. ESMT. LOT LINE J. BACON SURVEY RICHARD EADS SURVEY JESSE SUTTON SURVEY – 10 AC – 47 AC – 2 AC – 59 AC – 50 AC TOTAL FUTURE DEVELOPMENT PUBLIC ROW USE LAND USE SUMMARY ACREAGE – 9 AC PELOTON STUDY FLOODPLAIN 100-YEAR PELOTON STUDY FLOODPLAIN 100-YEAR SHEET 2 OF 2 S0031’47"E 57.12’ S7523’35"E 33.32’ 700 Page 1 of 3 Westlake Planning and Zoning Commission TYPE OF ACTION Regular Meeting - Action Item Westlake Planning and Zoning Commission Meeting Monday, October 14, 2019 TOPIC: Conduct a public hearing and consider recommendation of amendments to Chapter 102 Zoning, Section 66 Farm Animals and Horses, Town of Westlake Code of Ordinances, regarding proposed changes to requirements for keeping certain animals on a property STAFF CONTACT: Ron Ruthven, Planning and Development Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Time Line - Start Date: October 14, 2019 Completion Date: October 28, 2019 Funding Amount: N/A Status - N/A Source - N/A Contract: No Forms: N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Staff proposes amendments to the Town’s zoning regulations in Chapter 102 Zoning of the Code of Ordinances relating specifically to the keeping of farm and grazing animals. Staff proposes eliminating the requirement for a Specific Use Permit (SUP) for the keeping of farm animals if a residential property is over two acres in size or contains a residential zoning category that restricts lots to no less than two acres in size. Farm animals are not explicitly defined in the Code of Ordinances. However, Section 102-66 states that farm animals include pigs and chickens but does not include grazing animals. Grazing animals have no SUP requirement unless a reduction in the required grazing area per animal is Page 2 of 3 requested. Grazing animals include horses, cattle, sheep and goats. According to Section 14-40 of the Code of Ordinances, grazing animals that are 500 pounds or greater, including horses and cattle, must have a minimum fenced or enclosed area of 40,000 square feet per animal. Grazing animals of less than 500 pounds, including sheep and goats, must have a minimum fenced or enclosed area of 15,000 square feet per animal. Although the SUP requirement is contained within Chapter 102 Zoning, the primary regulations that pertain to the keeping of animals is contained in Chapter 14 Animals in the Code of Ordinances (attached). These regulations provide detailed provisions for animal nuisances that apply to any animal in the Town. Specifically with regard to pigs, Section 14-61 states: “It shall be unlawful for any person to keep, harbor or raise within the limits of the town more than two hogs or swine per acre of landholdings of such person within the limits of the town, or to construct, erect or maintain any pen or other enclosure for such animals which is not less than 1,000 feet from any property adjoining the property of the person keeping, harboring or raising such animals and not less than 1,000 feet from any public road within the limits of the town.” Therefore, the restrictions for pigs are much greater than for other farm animals such as chickens. Based on a recent inquiry regarding the keeping of chickens in Westlake, staff reviewed the regulations and recommends eliminating the SUP requirement for the larger properties given the larger amount of space for the farm animals to be located in a manner that minimizes the possibility of any nuisance issues. This is consistent with other communities with much smaller average lot sizes compared to Westlake where, particularly with chickens, demand has increased. In terms of communities surrounding Westlake, the following is summary of regulatory requirements for chickens: • Keller: No restrictions for lots over one-half acre in size. • Roanoke: Chickens must be a minimum of 100 feet from any adjacent property. • Southlake: No restrictions; chickens must be in an enclosed structure or fenced. • Trophy Club: Maximum of 4 chickens per lot; no Roosters allowed; must be placed in an enclosed structure. Nonetheless, regardless of the SUP requirement being waived, any nuisance violation as described in Chapter 14 Animals or Chapter 102 Zoning would remain fully enforceable. Based on staff research of Town archives, no SUP application has ever been considered for the keeping of a farm animal in the history of the Town; reflecting a low demand for residential farm animals specific to Westlake. Based on staff’s analysis, a total of 777 lots in Westlake are currently zoned for residential uses. Of those, only 96 would be permitted to contain a farm animal without having to obtain a SUP (notwithstanding the requirements of Chapter 14). This, however, does not account for any private deed restrictions that may prohibit the keeping of farm animals. Page 3 of 3 PROPOSED AMENDMENTS The following is a mark-up of the proposed amendments: Sec. 102-66. - Farm animals and grazing animals horses. (a) Specific use permit. For any residentially zoned property that contains a zoning classification that allows for lots of less than two acres in size, a SUP is required for farm animals. including This includes chickens and swine, but excludes other than grazing animals, and for unless a reduction in the land area required in section 14-40 for grazing farm animals is requested. Any residentially zoned lot that exceeds two acres in size is hereby exempt from the SUP requirement. The town shall not grant a SUP for any farm or grazing animal(s) unless the town finds that the presence of such animal(s) will not injure the use and enjoyment of neighboring properties, including the impact of dust, flies and odor. (b) General conditions. Notwithstanding the conditions in subsection (a) of this section, any residentially zoned property that contains a farm animal(s) shall adhere to the following provisions: (1) Ground accumulations of manure shall be collected and properly disposed of so as not to create offensive odors, fly breeding, or in any way pose a health hazard or nuisance to humans and animal(s); (2) Farm animals shall be contained in within a fenced area Fences or pens, corrals or similar enclosures, and shall be of sufficient height and strength to properly retain the animal(s); and (3) All enclosures for grazing any farm animal(s) shall be placed a minimum of 25 feet from the boundary of any adjoining lot or tract which is zoned for residential use. , and shall be screened from view from any adjacent property including all streets, sidewalks, and/or trails, public or private. SUMMARY AND RECOMMENDATION Staff believes that the proposed amendments are reasonable and adequate. Given the proposed amendments, in areas where a SUP would no longer be required, the existing regulatory requirements, including the nuisance provisions contained in the Code of Ordinances, provide for assurances that any potential issues may be effectively addressed if necessary. Staff recommends approval as proposed. ATTACHMENTS Chapter 14 Animals (for reference purposes) 10/7/2019 Westlake, TX Code of Ordinances 1/13 Chapter 14 - ANIMALS ARTICLE I. - IN GENERAL Secs. 14-1—14-30. - Reserved. ARTICLE II. - ANIMAL CONTROL DIVISION 1. - GENERALLY Sec. 14-31. - Denitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adequate fencing means fence which contains livestock or any other animal upon the owner's or occupier's property and prevents same from escaping. Animal means any live creature, both domestic and wild, except humans. The term "animal" includes fowl, fish and reptiles. Animal control authority means a municipal or county animal control office with authority over the area in which the dog is kept or the county sheriff in an area that does not have an animal control office. Animal control officer means an employee or agent of the town, designated by the town manager to administer and enforce the licensing, inspection and enforcement requirements contained within this article. Animal hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of animal diseases and injuries. Animal nuisance means any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of, an animal. Animal shelter means any facility operated by or contracted with the town or humane society for the temporary care, confinement and detention of animals and for the humane euthanizing and other disposition of animals. The term "animal shelter" shall also include any private facility authorized by the town manager or their designee to impound, confine, detain, care for or euthanize any animal. At large means that an animal is off the premises of the owner, and not on a leash or otherwise under the immediate control of a person physically capable of restraining the animal. Auction means any place or facility where animals are bought, sold or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners. Cats shall mean cats of all ages, both male and female. 10/7/2019 Westlake, TX Code of Ordinances 2/13 Collar means any neck restraint constructed of nylon, leather, or similar material, specifically designed to be used for an animal. Cruelty means any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in sufficient quantity. In the case of activities where physical pain is necessarily caused, such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting, the term "cruelty" shall mean a failure to employ the most humane method reasonably available. Custodian means a person or agency which feeds, shelters, harbors, owns, has possession or control of, or has the responsibility to control an animal. Disposition means adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal. The term "disposition" includes placement or sale of an animal to the general public, or removal of an animal from any pet shop to any other location. Domestic animal means dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants, and other birds and animals raised and/or maintained in confinement. Exotic animal means any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, venomous snake, member of the feline species other than domestic cat (Felis domesticus), member of the canine species other than domestic dog (Canis familiaris) or any other animal that would require a standard of care and control greater than that required for domestic farm animals or customary household pets sold by commercial pet shops. Fowl means chickens, turkeys, pheasant, peacocks, quail, geese, ducks or similar feathered animals, regardless of age, sex or breed. Guard dog and attack dog mean a dog trained to attack on command or to protect persons or property, and who will cease to attack upon command. Harbor means to feed or shelter an animal for three or more consecutive days. Impoundment means the taking into custody of an animal by any police officer, animal control officer, or any authorized representative thereof. Kennel means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats. Livestock means horses, mules, donkeys, cattle, goats, sheep, Asian pot bellied pigs, swine, ostriches, emus and llamas, regardless of age, sex or breed. Owner means any person having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any animal covered by this article. Pet shop means any person, partnership or corporation, whether operated separately or in connection with another business enterprise except a licensed kennel, that buys, sells or boards any species of pets. Possession is the actual care, custody, control or management of a certain animal. 10/7/2019 Westlake, TX Code of Ordinances 3/13 (1) (2) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Premises: A parcel of land (one or more contiguous lots) owned, leased or controlled by one or more persons; or A building or part of a building. Prohibited animals or hazardous animal means any animal not normally considered domesticated and capable of (or inclined to do) serious bodily harm to humans or other animals or fowl as determined by the city. These animals include (but are not limited to) any venomous lizard or snake, boa constrictor, python, emperor scorpion, bat, raccoon, skunk, fox, bear, elephant, kangaroo, non-human primate, including monkey and chimpanzee, antelope, deer, wolf or wolf-hybrid, lion, tiger, ocelot, bobcat or any other large cat, alligator, crocodile, feral swine, and their allies. Properly fitted means with respect to a collar, a collar that measures the circumference of a dog's neck plus approximately one inch. Public nuisance animal means any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall include, but not be limited to: Any animal that is repeatedly found running at large; Any dog or cat in any section of a park or public recreation area unless the dog or cat is controlled by a leash or similar physical restraint; Any animal that damages, soils, defiles or defecates on any property other than that of its owner; Any animal that makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; Any animal in heat that is not confined so as to prevent attraction or contact with other animals; Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way; Any animal that chases motor vehicles in a public right-of-way; Any animal that attacks domestic animals; Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities. Restraint means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary objector trolley system. Sanitary means a condition of good order and cleanliness to minimize the possibility of disease transmission. 10/7/2019 Westlake, TX Code of Ordinances 4/13 (1) (2) (3) (4) (1) (2) Secure enclosure means a fenced area or structure that is: Locked; Capable of preventing the entry of the general public, including children; Capable of preventing the escape or release of the animal; and Clearly marked as containing a dangerous animal. Stray animal means an animal which is not on a leash or enclosed in a fenced yard. Under restraint means that an animal is secured by a leash, lead under the control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's premises. Vaccination means an injection of any vaccine for rabies approved by the state veterinarian and administered or supervised by a licensed veterinarian. Vicious or dangerous animal is one that: Makes an unprovoked attack on a person or animal that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person. Wild animal means any monkey, nonhuman primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal that can normally be found in a wild state. The term "wild animal" does not include domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-32. - Nuisances. It shall be unlawful for any person to keep any animal on any property located within the corporate limits of the town when the keeping of the animal constitutes a public nuisance or menace to public health or safety. It shall create a presumption that a person has knowledge that the animal under their control is a public nuisance or is making or creating an unreasonable disturbance if such person has been notified by the animal control officer or any peace officer of such disturbance and failed or refused to correct such disturbance or prevent its recurrence. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-33. - Keeping of exotic animals. 10/7/2019 Westlake, TX Code of Ordinances 5/13 (a) (b) (a) (b) (c) (a) (1) (2) (b) It shall be unlawful for anyone to own or harbor any exotic animal without the written permission of the town manager or his/her designee. Such permission shall be given only if it is demonstrated to the satisfaction of the town manager or his/her designee that the animal will not constitute a threat to public health or safety. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-34. - Number of animals kept. It shall be unlawful for any person to keep more than four dogs, cats or other animals within the town; except that a litter of pups, kittens or other young animals may be kept for a period of time not exceeding five months from birth. The number of grazing animals may not exceed that allowed in section 14-40. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-35. - Caring for animals. It shall be unlawful for the owner or custodian of any animal to refuse or fail to provide the animal with sufficient wholesome and nutritious food, potable water, veterinary care when needed to prevent suffering, humane care and treatment, or to unnecessarily expose the animal in hot, stormy, cold or inclement weather. No owner or custodian of any animal shall willfully abandon the animal on any street, road, highway or public place, or on private property when not in the care of another person. It shall be unlawful for any person to confine or allow to be confined any animal in a motor vehicle or travel trailer under such conditions or for such a period of time as may endanger the health or well-being of the animal due to heat, lack of food/water, or any other circumstance which causes suffering, disability or death of the animal. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-36. - Sanitation. No owner or custodian of any animal shall cause or allow the animal to soil, defile or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners or condominium association, or upon private property other than that of the owner, unless the owner or custodian immediately removes and disposes of all feces deposited by the animal by the following methods: Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container; and Removal of the bag or container to the property of the animal owner or custodian and disposition thereafter in a manner as otherwise may be permitted by law. No person owning, harboring or keeping an animal within the town shall permit any waste matter from the animal to collect and remain on the property of the owner or custodian, so as to create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's or custodian's property, or to abutting property of others. 10/7/2019 Westlake, TX Code of Ordinances 6/13 (c) (a) (b) (a) (1) (2) (3) (4) No person owning, harboring, keeping or in charge of any animal shall cause unsanitary dangerous or offen conditions by virtue of the size or number of animals maintained at a single location or due to the inadequa facilities. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-37. - Injuring and poisoning of animals prohibited. It shall be unlawful for any person to willfully or maliciously strike, beat, abuse, or intentionally run down with a vehicle any animal, or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death to the animal; except that reasonable force may be used to drive away vicious or trespassing animals. No person, except a licensed veterinarian for humanitarian purposes, shall administer poison to any animal, or knowingly leave any poisonous substance of any kind or ground glass in any place with the intent to injure any animal. The provisions of this section are not applicable to licensed exterminators using poisons as part of a pest control program or the use of commercial insecticides and rodent baits used to control insects and wild rodents. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-38. - Disposition of large animals. Any animal control officer or other designated person on call who removes a large animal such as a horse, cow, mule or any other animal not acceptable by any animal hospital or shelter shall be authorized to call a trucking firm or company which shall convey the animal to a farm or other appropriate facility that has an agreement with the town to accept such animals. The disposition of any animal removed to a facility other than an animal hospital or shelter shall be handled in the same manner as though the animal were confined in an animal hospital or shelter. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-39. - Vaccinations; registration. Registration. To aid in identification of the pet owner and return of the animal in the event of impoundment, all dogs and cats must be registered with the animal control authority. All dogs and cats within the city, four months of age or older, shall be registered annually. It shall be an offense to own or harbor a dog or cat without registering said dog or cat annually. In order to register a dog or cat, the owner or harborer of the dog or cat must present to the animal shelter a certificate from a licensed veterinarian showing that said dog or cat has been vaccinated within the preceding 12 months with a one-year serum, or within the preceding 36 months with a three-year serum. Such vaccination certificate shall reflect the name of the owner, his/her address, a description of the dog or cat, the date of the vaccination, the number of the vaccination tag, and the kind of vaccination used. The veterinarian shall provide the owner with a metal tag, on one side of which is stamped the words "vaccinated against rabies", the date of the vaccination, veterinarian, business name, and control number. This tag shall be securely attached to the collar or harness of the dog or cat at all times, and will aid in the identification of the animal. 10/7/2019 Westlake, TX Code of Ordinances 7/13 (5) (6) (7) (8) (b) (c) (d) (e) (a) (1) (2) Upon presentation of a certificate of vaccination and a completed application for a license to the animal shelter, an animal control officer will file the application and certificate for retention by the animal control officer and issue the owner of the dog or cat a metal tag to be securely attached to the collar or harness of the dog or cat. The tag must be worn at all times. If the original current registration tag is lost or destroyed, the owner must obtain a duplicate by paying a fee. Registration shall be renewed annually. If there is a change in ownership, the new owner shall have the registration transferred to his name within ten days. All fees for registration, duplicate tags, and registration transfer shall be the fees designated by the fee ordinance. Vaccination. It shall be unlawful for any person within the town to own, keep, possess, harbor, or allow to remain upon the premises under his/her control any dog or cat without having proof that such animal is immunized against rabies as required by this section. This vaccination or registration requirements of this section shall not apply to fish, birds, ungulates, or any of the following list of animals: hamsters, guinea pigs, rabbits, rats, mice, gerbils. The vaccination requirements of this section shall not apply to any animal which in the opinion of the licensed veterinarian would be endangered by rabies vaccination. It shall be the duty of the owner, custodian or veterinarian to report to the animal control authority all cases of rabies or suspected rabies which the owner, custodian or veterinarian knows or should know. Any animal that has or is suspected of having rabies, that has symptoms of rabies, has been exposed to rabies or some other facts suggest that rabies is a concern in regard to the animal shall be quarantined as required by law and direction of the designated animal control authority or the town manager or designee. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-40. - Area for keeping grazing animals. Grazing animals 500 pounds or greater, including horses and cattle, must have a minimum fenced or enclosed area of 40,000 square feet per animal. Grazing animals of less than 500 pounds, including sheep and goats, must have a minimum fenced or enclosed area of 15,000 square feet per animal. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-41. - Enforcement. Animal control officers, contracted with the town or other designees of the town manager, shall be the enforcement officials for this article. These officials, along with police officers, shall have the authority to act on behalf of the town in investigating complaints, impounding and destroying animals, issuing citations, and taking other lawful actions as required to enforce the provisions of this article. It shall be unlawful to fail to appear in accordance with the terms of a citation issued by the animal control officers. If the person being cited is not present, the animal control officer may send the citation to the registered owner or alleged offender by certified mail, return receipt requested, or by a recognized 10/7/2019 Westlake, TX Code of Ordinances 8/13 (3) (4) (a) (1) (2) (b) overnight delivery service or by hand delivery, whereupon service shall be deemed complete. It shall be a violation of this article to interfere with any animal control officer or other enforcement official in the performance of his duties. The animal control officer shall have the right of ingress and egress on private property for the purpose of apprehending animals at large or upon having probable cause to believe the animal to have bitten, injured or otherwise attacked a human being or other animal or to have, or have been exposed to, rabies or another communicable disease posing a danger to the public health, safety or welfare, or otherwise pose a clear and present danger to human beings or other animals. An animal control officer shall apply for a warrant where necessary. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-42. - Violations and penalties. It shall be a violation of this article to: Fail to comply with any provision of this article; and Fail to comply with any lawful order of the animal control officer, or police officer unless the order is lawfully stayed or reversed. Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $50.00 nor more than $500.00 If a violation continues, each day's violation shall be deemed a separate offense. (Ord. No. 782, § 2, 4-25-2016) Secs. 14-43—14-60. - Reserved. DIVISION 2. - HOGS OR SWINE Sec. 14-61. - Keeping of hogs or swine; restrictions. It shall be unlawful for any person to keep, harbor or raise within the limits of the town more than two hogs or swine per acre of landholdings of such person within the limits of the town, or to construct, erect or maintain any pen or other enclosure for such animals which is not less than 1,000 feet from any property adjoining the property of the person keeping, harboring or raising such animals and not less than 1,000 feet from any public road within the limits of the town. (Ord. No. 782, § 2, 4-25-2016) Secs. 14-62—14-80. - Reserved. DIVISION 3. - RESTRAINT; CONFINEMENT; ANIMALS AT LARGE; IMPOUNDMENT; UNLAWFUL RESTRAINT OF DOG Sec. 14-81. - Restraint and connement generally. 10/7/2019 Westlake, TX Code of Ordinances 9/13 (a) (b) (c) (d) (a) (1) (2) (3) a. b. c. (b) (1) (2) a. b. (3) (4) (c) (1) (2) (3) It shall be unlawful for the owner of any animal to fail to keep the animal under restraint or to permit the an at large upon the streets and public ways of the town. Any dog, while on a street, sidewalk, public way or in any park, public square, or other public space, or upon any private property without the consent of the owner, shall be secured by a leash or chain of sufficient tensile strength to restrain the particular dog. No owner or custodian of any animal shall fail to exercise proper care and control of the animal to prevent the animal from becoming a public nuisance. Every female dog or cat in heat shall be confined in a building or other enclosure in such a manner that the female dog or cat cannot come into contact with another animal except for planned breeding. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-82. - Unlawful restraint of dog. Prohibited acts. An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement: Between the hours of 10:00 p.m. and 6:00 a.m.; Within 500 feet of the premises of a school; or In the case of extreme weather conditions, including conditions in which: The actual or effective outdoor temperature is below 32 degrees Fahrenheit; The temperature exceeds 99 degrees Fahrenheit; or A heat advisory has been issued for the jurisdiction by the National Weather Service. Restraints. In this section, a restraint shall be presumed to unreasonably limit a dog's movement if the restraint: Uses a collar that is a pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; Is a length shorter than the greater of: Five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or Ten feet; Is in an unsafe condition; or Causes injury to the dog. Affirmative defenses. The following shall be an affirmative defense to subsection (a): A dog restrained to a running line, pulley or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type or improperly fitted collar; A dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state or local authority or jurisdiction; A dog restrained for a reasonable period, not to exceed three hours in a 24-hour period and no longer than is necessary to allow the owner to complete the temporary task that requires the dog to be restrained, but those three hours cannot be within the prohibited times of 10:00 p.m. to 6:00 a.m. set forth above; 10/7/2019 Westlake, TX Code of Ordinances 10/13 (4) (d) (1) (2) (3) (4) (5) (e) (f) (a) (b) (c) (a) (b) A dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pu license issued by the State if the activity for which the license is issued is associated with the use or pre Penalty. A person commits an offense if the person knowingly violates this section. A peace officer or animal control officer who has probable cause to believe that an owner is violating this Section shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner. A person commits an offense if the person is provided with a statement described in subsection (d) (2) and fails to comply with this section within 24 hours of the time the owner is provided with a statement. A first time offense under this section is a class C misdemeanor. If a person has been previously convicted of this offense, the person shall be prosecuted under state law, providing for a more serious penalty. If a person fails to comply with this section with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense. A person may be prosecuted under this law or any other law or both. This section does not prohibit a person from walking a dog with a hand-held leash. This section does not authorize a person to allow a dog to run at large. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-83. - Restraint of guard dogs. Every owner of a guard dog or of an attack dog shall keep the dog confined in a building, compartment or other enclosure. Any such enclosure shall be completely surrounded by a fence at least six feet in height and shall prevent the dog from escaping or climbing out of the enclosure. The areas of confinement shall all have gates and entrances thereto securely closed and locked, and all fences properly maintained and escape proof. The provisions of this section shall not apply to dogs owned or controlled by government law enforcement agencies. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-84. - Restraint of dangerous/vicious animals; procedures and hearing. Every vicious animal shall be confined by its owner or an authorized agent of its owner within a building or secure enclosure and, whenever off the premises of its owner, shall be securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not more than three feet in length, or caged. Every person harboring a vicious animal is charged with an affirmative duty to confine the animal in such a way that children do not have access to the animal. Report of attack. The animal control department may receive a report concerning a dog or animal, which has bitten or attacked a human or animal. A complainant, who wishes the matter be heard, must file with the Westlake Municipal Court, a written sworn complaint that must contain the following known information: 10/7/2019 Westlake, TX Code of Ordinances 11/13 (1) (2) (3) (4) (5) (6) (7) (c) (d) (1) (2) (3) (4) (5) (e) (f) (1) Name, address, and telephone number of the complainant and any other witnesses; Date, time and location of incident(s); A complete description of the dog or animal (breed, if known, as well as color and size); Name, address and telephone numbers of owners, if known, or the premises where the dog or animal is located; A statement that the dog or animal has bit or attacked a person or animal; A statement that the dog or animal has exhibited vicious propensities in its past conduct; and Any other facts and circumstances relating to the incident. Procedure after complaint is filed. After a sworn affidavit (complaint) is filed, the animal control department shall investigate the complaint to determine if the dog or animal is dangerous. Animal service findings. The animal control department shall make a finding regarding whether or not the dog or animal is dangerous. If the dog or animal is found to be dangerous, animal services shall notify the owner of the determination by personal service or certified mail - return receipt request. The notification will advise the owner of the right to appeal and will require that the owner perform the following requirements within 30 days from receipt of the notice: Register the dangerous dog or animal with the animal control department. Restrain the dangerous dog or animal at all times on a leash, in the immediate control of an adult, who is at least 17 years of age, or in a secure enclosure. Obtain and provide proof to the animal control department of liability insurance coverage or provide proof of such liability insurance or proof of current financial responsibility, in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog or animal causing bodily injury or other damage to a person. Post on all fences that face public areas, signs that state in bold letters "DANGEROUS ANIMAL." All signs must be obtained from and approved by the animal control department. Require that the dangerous dog or animal wear an orange collar and red tag at all times. All collars and tags must be obtained from and approved by the animal control department. Appeal of determination. The owner of a dangerous dog or animal may appeal animal services determination to the municipal court no later than the 15th calendar day after being notified of the animal service determination. The municipal court shall conduct a hearing within 15 days, to determine if the dog or animal is dangerous. At such hearing the municipal court may receive testimony concerning the incident under investigation, and/or consider the affidavits and/or complaints on file, to determine if the dog or animal is dangerous. If the dog or animal is found dangerous, the municipal court shall, for the protection of the public health, safety, and welfare of the community, mandate compliance with subsection (d), or determine whether the dog or animal should be removed from the corporate town limits, humanely destroyed by animal services, a veterinarian, or released to an animal rescue organization. Procedure when no appeal. If the owner of the dangerous dog or animal does not comply with subsection (d)(1),(2), or (3), within 30 days of being notified the animal has been found dangerous, nor has appealed pursuant to subsection (e), the owner shall surrender the animal to the animal control department. If the owner 10/7/2019 Westlake, TX Code of Ordinances 12/13 (2) (3) (4) (a) (b) (a) (1) (2) does not surrender the animal, then the animal control officer shall obtain from the municipal court, a warrant, authorizing the animal control department to seize the animal. Thereafter, the animal control department shall seize the animal, or order its seizure, and provide a secure and humane place for the impoundment of the animal. If the owner complies with subsection (d)(1), (2), and (3), before the 11th day on which the dangerous dog or animal was seized or was surrendered to the animal control officer, the municipal court shall order the return of the dangerous dog or animal. If the owner has not complied with subsection(d)(1)(2), and (3), before the 11th day on which the dangerous dog or animal was seized or surrendered to the animal control department, the municipal court shall, for the protection of the public health, safety, and general welfare of the community, determine whether the animal should be removed from the corporate town limits, humanely destroyed by the animal control department, a veterinarian, or released to an animal rescue organization. The owner of an impounded dangerous dog or animal shall be held responsible for any cost or fee assessed by the city related to the seizure, impoundment, and destruction of the animal. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-85. - Property owners may impound. Any person finding an animal at large upon his/her property may remove the animal to any animal shelter that will take possession of the animal. If no shelter is available, the property owner may hold the animal in his/her own possession, and as soon as possible, notify the animal control officer. The property owner shall provide a description of the animal and the name of the owner if known. The animal control officer shall take possession of the animal. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-86. - Return of animal/notication to owner. If the name of the owner or custodian of an animal found at large is known or can be obtained with reasonable dispatch, the animal control officer shall return the animal to the residential address of the owner. If there is no one present, the animal control officer shall leave written notice of whom the owner must contact to reclaim the animal. The officer shall then remove the animal to the nearest animal hospital or shelter that will accept the animal. The animal control officer will also scan the animal for a microchip and inspect said animal to locate any tattoo that would assist in the notification and return of the animal to the registered owner. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-87. - Impoundment. In addition to any other remedies provided in this article, an animal control officer or a police officer may seize, impound and humanely confine to an animal shelter or hospital any of the following animals: Any dog or cat without valid proof of rabies vaccination; Any animal at large; 10/7/2019 Westlake, TX Code of Ordinances 13/13 (3) (4) (5) (6) (7) (8) (9) (10) (b) (a) (b) (c) (d) Any animal constituting a public nuisance or considered a danger to the public; Any animal that is in violation of any quarantine or confinement order required by the town; Any unattended animal that is ill, injured or otherwise in need of care; Any animal that is reasonably believed to have been abused or neglected; Any animal that is reasonably suspected of having rabies; Any animal that is charged with being potentially dangerous, or dangerous where any animal control officer or the town manager determines that there is a threat to public health and safety; Any animal that a court of competent jurisdiction has ordered impounded or destroyed; Any animal that is considered unattended or abandoned, as in situations where the owner is deceased or has been arrested or evicted from his/her regular place of residence. An animal control officer or police officer may also, or in lieu of impoundment, issue to the owner a notice of violation which will be filed with the municipal court. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-88. - Notice to owner and redemption. Upon impoundment of an animal, the animal control officer shall immediately attempt to notify the owner by telephone, visit to residence or certified mail. If the owner is unknown, the animal control officer shall post written notice for three consecutive days at the Westlake town hall describing the animal and the time and place of taking. Any notice to the owner shall also include the location of the shelter or hospital where the animal is confined, hours during which the animal can be reclaimed, and fees to be charged to the owner. The owner shall also be advised that the failure to claim the animal within a specified period of time may result in the disposition of the animal. An owner reclaiming an impounded animal shall pay the fee of the appropriate shelter where his/her animal has been impounded. The daily rate charged for any subsequent impoundment occurring within 12 months shall be double at the rate which was charged for each day of confinement during the first impoundment. Any animal not reclaimed by its owner within ten working days shall become the property of the town and shall be placed for adoption in a suitable home or euthanized in a humane manner. Every reasonable effort shall be made by the animal control officer, to include but not limited to, contact the animal owner by telephone, email, or any other available means of contact in an effort to notify the owner of an impounded animal. (Ord. No. 782, § 2, 4-25-2016) Planning and Zoning Item # 5 – Adjournment Regular Session Back up material has not been provided for this item.