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Home My WebLink About025773 ORD - 05/25/2004Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROSS AND JUDITH SISSON, BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 54, BEING 1.399 ACRES OUT OF LOT 23 AND GADWELL ADDITION, BLOCK 1, LOTS 2 AND 3, (CURRENTLY ZONED "B-2" BAYFRONT BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A KENNEL/ANINMAL RECUE FACILITY SUBJECT TO A SITE PLAN AND NINE (9) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Ross and Judith Sisson for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, Apd121,2004, during a meeting of the Planning Commission, and on Tuesday, May 25, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by granting a Special Permit for a kennel/animal rescue facility in Flour Bluff and Encinal Farm and Garden Tracts, Section 54, being 1.399 acres out of Lot 23 and Gadwell Addition, Block 1, Lots 2 and 3, (currently zoned "B-2" Bayfront Business District), located on the southwest corner of Gadwell Street and Laguna Shores Road, as shown on the attached Exhibit. (Map F18B) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following nine (9) conditions: USES: The only use authorized by this Special Permit other than those uses permitted by right in a "B-2" Bayfront Business District is a kennel/animal rescue facility. H:\LEG-DIRUOSEPH~_ONING-04\0404A38SPECIALPERMIT.DOC Page 2 of 4 2. ANIMALS: The kennel/animal rescue facility shall be limited to the following: No more than 120 animals total and no more than 60 each of the following species, Birds, Cats, Dogs, and Rabbits. PROHIBITED ANIMALS: Large animals, including but not limited to cattle, emus, llamas, etc., and swine are not permitted in the facility except for one adult pig existing on the premise shall be allowed until the pig's demise. 4. SLAUGHTERING: The slaughtering of animals on the property shall not be permitted. 5. ANIMAL WASTE: In accordance with Chapter 6, Article IV, Section 6-37 of the City Code of Ordinances, all animal waste must be collected on a daily basis and stored in a rat-proof and fly-tight container until the waste is properly disposed. 6. FEED STORAGE: In accordance with Chapter 6, Article IV, Section 6-38 of the City Code of Ordinances, the storage of feed must be kept in a rat-proof, fly-tight building, box, container, or receptacle. 7. PONDING: Animal pens should be graded or covered so as to eliminate standing water in the pens. 8. MAINTENANCE: The property shall be kept in a neat appearance at all time. Existing debris, tires and junk vehicles must be removed within thirty (30) days from the date of this ordinance. TIME LIMIT: This Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. All required licenses and permits must be obtained no later than six (6) months from the date of this ordinance. Two (2) inspections, as directed by the Director of Development Services or designee, will be performed six (6) months apart during the first year of the Special Permit. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:~EG-DIR~JOSEPH~ZONINGA34\O40,~OSSPECIALPERMIT DOC Page 3 of 4 SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 25~h day of May, 2004. A'I-rEST: A rmando~C~ City Secretary .~_Hc~,CITY OF CORPUS CHRISTI Samue[E.'Neal, Jrt- ' ~/- Mayor, The City of Corpus Chdsti APPROVED Joseph ~arney Assistant City AttorrYey For City Attorney 2O04 H:~LEG-DIR~JOSEPH~ZONING-04\0404-00SPECIALPERMIT DOC Page 4 of 4 Corpus Christi, T~exas TO THE MEMBERS ,2004 THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIRtJOSEPH~ZONING-04\040Zl-00 SPECIALPERMIT DOC MAY-~B-20Gq 11:53 FROM:CITY OF CORPUS CHRIS 361~6356B TO:gE~B03239 P.13/15 EXHIBIT Bain9 a portion of Lot No. Twenty-three (23) in Sectio~ No. Fifty-~our (54) of the Flour Bluff and Encinal Far~ ~o ~a-~den Tracts, as show~ by the ~p or plaC thereof, recordS.in ~olume "A", Pa~es 4X to 43, both inclusive, ot ~e Ma~ ReCd--, ~eces C~nty, Texas, to w~ich reference is here ~de for all pert~ent ~ses; said tract bein~ ~re particularly describ~ by metes a~ bo~ds as follows, to-wit: B~X~I~ at the point of intersection of the Northwest bo~ l~e o~ t~mt certain tract of l~d c~yed by Wesley Ra~ ~, et ~ to L. F. Brothers ~ De~ dated Msy 2X, ~9 7, recorded tm volume 23~, Pa~e 132, of the Deed Keco~s of ~eces Cowry, T~S, ~d the Northeast boun~ry line of ~t ~o. 23. for the No~heast co--er of this tract, ~ald co,er ~ar~ No~ 29 deg. East a distance of ~20 ~eet and South 61 deg..~st a NO. 54 o~ the Flour Bluff ~d Encinal Fa~ ~d ~d~n ~cCs; ~m~CE, Nornh 61 deg. West alon~ the aforementioned Northennt boundary line of Lot No. 23, a distance of 4~8 feet to a 5/8" iron rod in the sam~, being the Northwest corner of the aforementioned Lot No. 23, for the Northwest corner of this tract; T~]~NC~, South 29 deg. West alon~ the Northwest boundary line oM ~ot No. 23, pass a~/8" iron rod at 39', in all a d~stance of 136 feet ~o a ~/8" iron rod in the same, for the S~at coz-nar of this tract; =he same being the Northwest cor~er of a tract of land in the name of James M. Alphin et ux; T~r~NCE, SOu~/2 61 dO<3. East alon~ a line that is parallel to the Northeast boundary line of =he tract herein describe~, the s~m~ bein~ the Northeast boundary line of said James ~. A~hin e= ux Tract, a diet.nee of 448 feet to a 5/8" iron rod ~n the Northwest bo%u%d~ry line o~ that certain tract of laz%~ conveyed by Wesley Ray Duncan et ux to L. F. Brothers by .De~d d~_t? Ma~ 21, 1937, recorded in volume 231, Pa~e 132, of ~ne I>ee~ Records o~ Nueces County, Texas, for the Southeast cor~er Of r. hia trac~; %-~NCE, North 29 deg. ~ast ~_long ~he Norr-hwest ~~ line of the said L. F. Brothers ~'ract, as aforementioned, pass e ~/8" iron ro~at 97', in all a distance of 13~ feet to a ~/8" iron MAY-~8-2~O~ 11:55 F~:CITY OF C~S C~1~$ ~i~63560 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 4888145 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-T~mes, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 10TH day(s) of MAY, 2004. $306.50 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of MAY 11, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ~ ChriMi Cailer-TImes~ , M~'/10, 2004 NOTICE OF I=I.I~.IC CONSIDER ZONING AP~UCATION(S) OE THE CITY OF CORPUS CHFIISTI conduc a public ~(s) Io S~lee Street). State~- as County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 4908213 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Chlqsti in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 31ST day(s) of MAY, 2004. $320.25 TWO (2 } Time(s) Credit Manager Subscribed and sworn to me on the date of JUNE 01, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Chdsti Caller-Times, Monda~~, May 31,2004/D21 NOTICE OF PASSAGE OF ORDINANCES I NO. ~.5770, amending ~p~y ~ ~ng NO. ~25775, amending [ L. P.. by c~ t$1e zoning map In