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Home My WebLink About023668 ORD - 06/08/1999AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY GEORGE MOSTAGHASE, BY CHANGING THE ZONING MAP IN REFERENCE TO 11.39 ACRES OUT OF A PORTION OF LOTS 6, 7, AND 8, SECTION 10, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "A -1A" APARTMENT HOUSE DISTRICT AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; 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 George Mostaghase, for amendment to the zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 28, 1999, during a meeting of the Planning Commission, and on Tuesday, June 8, 1999, 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 of 11.39 acres out of a portion of Lots 6, 7, and 8, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Lipes Boulevard, approximately 630 feet west of Cimarron Boulevard, from "A -1A" Apartment House District and "B-1" Neighborhood Business District to "R -1B" One -family Dwelling District. A metes and bounds description of the property is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance in Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, 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 4. 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. Z0499064.152 023668 2 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are expressly repealed. SECTION 6. 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 7. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ord. ce is passed an shall take effect upon first reading as an emergency measure this the ay of , 1999. ATT ST: do Chapa City Secretary APPROVED: This 0 day of Jon L_✓ It Mayor, the City of Corpus Chris amuel L. eal, Jr. James R. Bray, Jr., City Attorney By: R. Jo City Attorney Z049906A.152 , 1999. 3 Corpus Christi, Texas 4day ofA y..QL999 TO THE ME RS 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: Uwe, 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, amuel L. al, Jr. Mayor, the City of Corpus Chri Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex Kinnison Betty Jean Longoria John Longoria Mark Scott Z049906A.152 02 668 METES AND BOUNDS CASE NO. 499-6 George Mostaghase DESCRIBING 11.39 acres of land, more or less, out of Lots 6, 7, and 8, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, of the Map Records of Nueces County, Texas, and more particularly described as follows: BEGINNING at a point, the intersection of the common boundary line between Lots 5 and 6, Section 10, Flour Bluff and Encinal Farm and Garden Tracts and the south line of an existing 115 -foot wide drainage right-of-way, for the west corner of the tract herein described; THENCE N 28° 52' 15" E, with said common line between Lots 5 and 6, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, 699.92 feet, more or less, to a point on the south right-of- way line of existing 70 -foot wide Lipes Boulevard, for the north corner of this tract; THENCE S 61° 07' 45" E, along said south right-of-way line of existing 70 -foot wide Lipes Boulevard, 505.37 feet, more or less, to a point, the north comer of a 9.94 acre tract, more or less, presently zoned "R -1B", for an outside corner of this tract; THENCE S 28° 52' 15" W, leaving the south right-of-way line of said existing 70 -foot wide Lipes Boulevard, along the northwest boundary line of said 9.94 acre tract, 584.92 feet, more or less, to a point of the north line of the aforementioned existing 115 -foot wide drainage right-of- way, for the west comer of said 9.94 acre tract and an inside comer of this tract; THENCE S 61° 07' 45" E, along said north line of existing 115 -foot wide drainage right-of-way, the same being the southwest line of the aforementioned 9.94 acre tract, 760 feet, more or less, to a point, for the south corner of said 9.94 acre tract, and an inside corner of this tract; THENCE N 28° 52' 15" E, leaving the north line of said existing 115 -foot wide drainage right- of-way, along the southeast boundary line of the aforementioned 9.94 acre tract, 532.10 feet, more or less, to a point of the south right-of-way line of existing 70 -foot wide Lipes Boulevard, for an outside comer of this tract; THENCE in a southeasterly direction along said south right-of-way line of 70 -foot wide Lipes Boulevard (a circular curve to the left whose delta = 01° 45' 06", radius = 2,780.44 feet, tangent = 42.50) an arc distance of 85 feet, more or less, to a point, for the east comer of this tract; THENCE S 28° 52' 15" W, leaving said south right-of-way line of existing 70 -foot wide Lipes Boulevard, along a line 85 feet southeast of and parallel to the southeast boundary line of the aforementioned 9.94 acre tract, 643 feet, more or less, to a point on the south line of said existing 115 -foot wide drainage right-of-way, for the south corner of this tract; R9049906A.EXA EXHIBIT A f 2 THENCE N 61° 07' 45" W, along said south line of existing 115 -foot wide drainage right-of- way, 1,350.37 feet, more or less, to a point on the common line of aforementioned Lots 5 and 6, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, for the west corner of this tract and the POINT OF BEGINNING. R049906A.EXA EXHIBIT A State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 2870266 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of 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 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 24TH day(s) of MAY. 1999. TWO (2 ) Time(s) $158.85 auu��winiu� $ PU@vi� VTO p•, et•irt OtV ,i ",,,,105 ; 4 1 is ' Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of MAY 25, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. (.CI 'w-oa36.6(P 3. off..0a.3667 Monday,May 24, 1999 NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday, June 8, 1999, during a Regular Council Meeting which commences at 2:00 p.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said applications are on file in the Office of the City Secretary and the Department of Planning. At said time and place of hearing, alt persons and parties interested may appear before the City Council. The zoning application(s) to -be considered at the hearing are as follows: 1. 499-3, CHRISTUS Spohn Health System Corporation: "AB' Professional Office District to "B-4" General Business District -- Located on the northeast comer of Booty and Fifth Streets. 2..C499_4, .City of Corpus Christi Landmark Commission: "A-2" Apartment House District to "A-2" Apartment House District with an overlay of "HC -III" Historical -Cultural Landmark Preservation -- Located on the south side of Mestina Street, approximately 100 feet east of Crosstown Expressway. 3. 499-6, George Mostaghase: "A -1A" Apartment House District and -B-1" Neighborhood Business District to "R- IB" One -Family Dwelling District --Located on the south side of Lipes Boulevard, approximately 630 feet west of Cimarron Boulevard. Information may be obtained by calling the Planning Department at 880-3560, or visiting the Planning Department at 1201 Leopard Street. is/Armando Chaps City Secretary City of Corpus Christi State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 2912728 PO # i Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of 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(S): which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller-TTmes Interactive on the 14TH day(s) of JUNE. 1999. Corpus Christi Caller -Times, Monday, June 14, 199E TWO (2 ) Time(s) $99.40, NOTICE OF PASSAGE OF . 0231188, by dtringkig the zoning map In tefarerrf e to Lob 13, 14, and 15, Block VIII, Own View Addldon, from Professional B=t0;78°023667, uallneess District DfaSchmNO. 02 Business ciumn dm zoning ti '"p rvirrp to Lot 1, Block 3, Jones Addition, and alley, from pirlrrsntt House District to A-2' novedaayy of 'H�C- Id' Historical -Cultural Landmark Preservation: anti NO. 023668, by map in the zonnoe ing acres out of a portion of Lots e, 7. and 8, Section 10, Flour Bluff and Knoll's' Farm and Garden Tracts, from 'A - 1A" Apartment House District and 'B -f' Neighborhood Business District to 'R -IB' One - tinily Dwelling District emending the Comprehensive Plan to, 1 OfrettNO10a566 f, Or mow O a m°. n �a f (Q. 7 OgiGl g Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of JUNE 15, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.