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Home My WebLink About028113 ORD - 04/14/2009Pagel of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROSS W. AND JUDITH A. SISSON, BY CHANGING THE ZONING MAP IN REFERENCE TO 1.4 ACRES OUT OF LOT 23, SECTION 54, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND GADWELL ADDITION, BLOCK 1, LOT 2, FROM "B-2" BAYFRONT BUSINESS DISTRICT TO "B-2/SP" BAYFRONT BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR A PET GROOM/BOARDING BUSINESS, SMALL DOG AND CAT RESCUE SHELTER AND DOG SERVICE AND THERAPY/TRAINING FACILITY, SUBJECT TO A SITE PLAN AND TEN (10) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; 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 w. and Judith A. 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, March 4, 2009, during a meeting of the Planning Commission, and on Tuesday, April 14, 2009, 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 Christi, Texas, is amended by changing the zoning on 1.4 acres out of Lot 23, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, and Gadwell Addition, Block 1, Lot 2, located on the southwest corner of Gadwell Street and Laguna Shores Road, from "B-2" Bayfront Business District to "B-2/SP" Bayfront Business District with a Special Permit to allow for a pet groom/boarding business, small dog and cat rescue shelter and dog service and therapy/training facility, subject to a site plan, attached, and ten (10) conditions. (Zoning Map 035029; 113-05) (Exhibit A) (Site Plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following ten (10) conditions: A. 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 pet groom/boarding 028113 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\4-14\ORD-zoning0309-01-Sisson B -2 -special permit.doc Page 2 of 4 business, small dog and cat rescue shelter and dog service and therapy/training facility. All activities must be conducted in accordance with the City of Corpus Christi Animal Control Regulations. B. Animals: The pet groom/boarding business, small dog and cat rescue shelter and dog service and therapy/training facility shall be limited to no more than 103 (8 rabbits, 18 cats, 50 dogs, 27 chickens or 3 turkeys or a combination thereof). C. Prohibited Animals: Large animals, including but not limited to cattle, emus, llamas and swine. D. Slaughtering: The slaughtering of animals on the property is prohibited. E. Animal Waste: In accordance with Chapter 6, Article VI, Section 6-158 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. F. Feed Storage: In accordance with Chapter 6, Article VI, Section 6-159 of the City Code of Ordinances, the storage of feed must be kept in a rat -proof, fly -tight building, box, container or receptacle. G. Ponding: Animal pens should be graded or covered so as to eliminate standing water in the pens. H. Maintenance: The property shall be kept in a neat appearance at all times. I. Platting: Platting of lot 23 is required prior to the construction of any new building on the lot. J. Time Limit: The 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 A and in compliance with all other conditions. 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. 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. H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda44-14\ORD-zoning0309-01-Sisson B -2 -special permit.doc Page 3 of 4 SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35-3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. 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 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 14th day of April, 2009. ATTEST: Armando Chapa City Secretary APPROVED: April 6, 2009 cNlee?Qo;rs.._- eborah Walther Brow Assistant City Attorney For City Attorney CITY OF C • - PUS CHRISTI Henry arrett Mayor, City of rpus Christi H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\4-14\ORD-zoning0309-01-Sisson B -2 -special permit.doc Page 4 of 4 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF 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. 1/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, /AJ H -n ' Gaffe. Mayor, City •f Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! / Bill Kelly 4bc4t Priscilla G. Leal John E. Marez Nelda Martinez Michael McCufchon 028113 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2009 Agenda\4-14\ORD-zoning0309-01-Sisson B -2 -special permit.doc PLOUR ULUFQSCHOQL TR•6A` FROM: "B-2" TO: 'B-2"ISP R -1B 0L9YM09 RMarMSr MA S.Mcu CASE # 0309-01 EXHIBIT A: STAFF AND PLANNING COMMISSION RECOMMENDATION FROM: "B-2" TO: "B-2" / SP ORDINANCE NO.: bile mAP' asaa-. as/2_ 4v oa Pat kW O•F Sdc4iu, ILL 250E LAC UI&A *HMSO ROA, Pragitr.1 LOT &5 PLOUR BLUFF 4 • EMGINAL FARM AND 454/2501 TRACTS, f tCTlo*J 54 ' PUKE ROSf, W. 91S4O1J arS'Soc.Ooam PM ROILS tw 0000e SIC MINA* t J J 4 I0.7' Sw_+ 4�ii 7T4 :oi �1�a ,yTri .. tcnt Fri Mil AMP ,ate► .. _fratiti'c t;, Or matt Ttras LA.qurtk sk7'- It t 4r $"aveottrre ' 1 3�.0' T4 County vat. 1 ?t4.424 D3 0- 0/ Exhibit B EXETIT SITE PLAN --)/ 4. Carte Chin w.3 FINAL PLAT : GADWELL ADDITION, BLOCK I , LOT 2, CORPUS CHRIS1 NUECES COUNTY, TEXAS. 0 W e JI ntc.N 11 . me. 1 LA LAELWA M.4 04C LOCATION MAP • _Ln90' DRAINAGE £ASEMENVr 1W/. P. 1)t'si AN NY9 •arE 97O0' yeA:^ L..at3 Vol. 3 4 P0.1 as '44 O V NOTE: FOUNDATION FLOOR ELEVATION OP ANY MN CONSTRUCTION TO BE A NTNZRUN 0P 12 PEST ABOVE SEA LEVEL. `'•' 44J l /y'1 j VOL. 4. PG 41.4 3 NOTE' AVERAGE ELEVATION OF LOT 4.8 FEET ABOVE MEAN BEA LEVEL • p Lor 2 / AcRE 1.. L... A CfiYJ. /!L 0' eWCorner, lel Sail, f.AnLI! I\ (tom r r. 7 f} t'.L.+. l I,. 49'I.A. GADWELL STREET LEG Being a tract more or less, Flour Bluff t 20 as described Page ISG of t Texas. Pist e Garden Tracts 41-43 of the 4 1• 1 . Snit 00'W 9700' f LAGUNA SHORES ROAD T A t GRAPHIC SCALE FEET STATE OP TEXAS: COUNTY OP NUECES: This final plat Any private water supply and or to installation. STATS OF TEXAS: COUNTY OP NUECES: This final plat of the herein described property approved by the Director,- Department of Engineering STATE OP TBXA COUNTY OP NIP Public Survey plat is true knowledge and from a survey 1976. Apr 7' STATE OP TEXA COUNTY OP NUE certify that embraced with BLOCK I, LOT Texas; that I subdivided as on said foreg use forever; hereon ere de installation, utilities; th purposes of d This the 21st STATE OP TEXA cowry OP NUB authority on Troy Atphin, name 'nubile: writing, and the sane for • therein expre This the 21st —f Notary P of GADWELL ADDITION,BLOCK 1, LOT E, approved by the Corpus Christi thine, County W sewerage system shall be approved by the Corpus Christi-Nusees County Health /Departs Dated she A,;tt» dw of APwy , 1976. . j�..� 2,( 4 Public esti neer, rpus Nueces County, Texas. 0309- e/ 1 J4'Soz tajt&2ac, *.yips es s'rk-/ Legal Description: Being a portion of Lot No. 23 in Section No. 54 of the Flour Bluff and Encinal. Farrar and Garden Tracts, as shown by the map or plat thereof recorded in Volume "A", Pages 41 to 43, both inclusive, of the Map Records, Nueces County, Texas, to which reference is here made for all pertinent purposes, said tract being more particularly described by mete and bounds as follows, to -wit: BEGINNING at the point of intersection of the Northwest, boundary line of that certain tract of land conveyed by Wesley Ray Duncan, et ux to L. F. Brothers by Deed dated May 21, 1937, recorded in Volume 231, Page 1.32, of the Deed Records of Nueces County, Texas, and the Northeast boundary line of Lot No.. 23 for the Northeast, corner of this tract, said corner bearing North 29 deg. East a distance of 1320 feet and South 61 deg. East a distance of 3748 feet from the Southwest corner of said Section No. 54 of the Flour Bluff and Encinal Farm and Garden Tracts / P6* ( ib THENCE, North 61 deg, West along the aforement.iopntl Northeast boundary line of Lot No. 23, a distance of 448'feet to a 5/8" iron rod in the same, being the Northwest.: corner of the aforementioned Lot No. 23, for the Northwest corner of this tract; THENCE, South 29 deg. West along the Northwest boundary line of Lot No. 23, pass a 5/8" iron rod at 39', in all a distance of 136 feet to a 5/8" iron rod in the same, for the Southwest corner of this tract; the same being the Northwest corner of a tract of land in the name of James M. Alphin et ux; THENCE, South 61 deg. East along a line that is parallel to the Northeast boundary lineof the tract herein described, the same being the Northeast boundary line of said James M. Alphin et. ux Tract, a distance of 448'feet to a 5/8" iron rod in the Northwest boundary line of that' ertain tract of land conveyed by Wesley Ray Duncan et ux to L. F. Brothers by Deed dated May 21, 1937, recorded in Volume 231, Page 132, of the Deed Records of Nueces County, Texas, for the Southeast corner of this tract; Thence, North 29 deg. East along the Northwest boundary line of the said L. F. Brothers Tract, as aforementioned, pass a 5/8" iron rod at 97' in all a distance of 136 feet to a 5/8" ' on rod for the Placa of Beginning. es O9— el VICTOR S. MEDINA State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5897769 PO # O2 f L Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, 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 CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 3/30/2009, 3/30/2009. $ 186.96 1Time(s) At.�ri� � / i.70 ,,LES REPRESENTIVE On this [9, day of P , 2&&9)I certify that the attached document is a true and an exact co y made by publisher. Nota Public, State of Texas Monday • March 30, 2009 NOTICE OF PUBLIC HEARING TO CON- SIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given In accordance with the law that the City Coun- cil of the City of Corpus Christi will conduct a public hear- ing on. April 14, 2009 during a regular Coun- cil meeting which commences at 10:00 a.m. in the City Coun- cil Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said appllca- tion(s) are on file In the Office of the City Sec- retary and the Department of Plan- ning. At said time and place of hearing, all persons and parties interested may appear before the City Coun- cil. The zoning application(s) to be considered at the hearing are as follows: 1. 0309-01,. Ross & Judith Sisson: From a 11-2" Bayfront Busi- ness District to an 1-2" Light Industrial District - Located on the southwest corner df Gladwell Street and Laguna Shores Road. Information may be obtained by calling or I visiting the Depart- - mentpf Development Services, Planning Section at (361) 826-3560, 2406 Leop- ard Street. /s/Armando Chapa City Secretary City of Corpus Christi State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5900004 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, 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 PASSAGE OF ORDINANCE NO. 02811 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/20/2009,4/20/2009. $ 166.59 1Time(s) On this PO'" tay of is a true and an exact LE /iiW% S REPRESENTIVE cop made bn GWENN J. MEDINA MY COMMISSION 2012 ARES 2 Nell certify that the attached document publisher. Not4ry Public, State of Texas April 20,2009 • Monday' I NOS--- TICE OF PASSAGE OF ORDINANCE NO. 028113, Amend- ing the Zoning Ordinance, upon appli- cation by Ross W. and Judith A. Sisson, by changing the Zoning Map in reference to 1.4 acres out of Lot 23, Section 54,Flour Bluff and Encinal Farm and Garden Tracts, and Gadwell Addition, Block 1, Lot 2, from "13-2" Bayfront Busi- ness District to "B•2/SP" Bayfront Business -,District .with a Special Permit to al- low for a pet groom/boarding busi- ness, small dog and cat rescue shelter and dog service, and therapy/training fa- cility, subject to a Site Plan and ten (10) con- ditions; amending the Comprehensive Plan to account for any de- viations from the existing .Comprehen- sive Plan; providing a repealer clause; pro- viding a penalty; providing for publica- tion. This ordinance .was passed and ap- proved by the City Council of the City of Corpus Christi on April 14, 2009. /s/ Armando Chapa City Secretary City of Corpus Christi