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Home My WebLink AboutOrdinance No. 2015-26 (Title: An ordinance amending the zoning classification for 402 E. Edgewood Drive, being part of Lot 21 (21-2) of the Hoidale and Coffman Subdivision, Abstract 20, Galveston County, Friendswood, Texas by granting an amendment to Ordinance No. 2004-01 and Ordinance No. 2013-13, permitting Specific Use Permit (SUP), by adding NAICS Use #442 "Furniture and Home Furnishings," NAICS Use #446 "Health and Personal Care Stores," and NAICS Use #448 "Clothing and Clothing Accessory Stores," but otherwise subject to the prior regulations, restrictions, and conditions of Ordinance No. 95-3, establishing the Planned Unit Development(PUD) for the use of the subject Property.) ORDINANCE NO. 2015-26 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C — "ZONING," BY AMENDING THE ZONING CLASSIFICATION FOR 402 E. EDGEWOOD DRIVE,BEING PART OF LOT 21 (21-2) OF THE HOIDALE AND COFFMAN SUBDIVISION, ABSTRACT 20, GALVESTON COUNTY, FRIENDSWOOD, TEXAS; PROVIDING FOR THE GRANTING OF AN AMENDMENT TO THE SPECIFIC USE PERMIT (SUP) APPROVED BY ORDINANCE NO. 2004-01 ON FEBRUARY 2, 2004,WHICH SUP WAS FURTHER AMENDED BY ORDINANCE NO. 2013-13 ON MAY 6, 2013, TO ADD NEW ADDITIONAL PERMITTED USES OF THE PROPERTY FOR NAICS USE #442 "FURNITURE AND HOME FURNISHINGS," NAICS USE #446 "HEALTH AND PERSONAL CARE STORES," AND NAICS USE #448 "CLOTHING AND CLOTHING ACCESSORY STORES," BUT OTHERWISE SUBJECT TO THE PRIOR REGULATIONS, RESTRICTIONS, AND CONDITIONS OF ORDINANCE NO. 95-3, ADOPTED ON MARCH 6, 1995, ESTABLISHING THE PLANNED UNIT DEVELOPMENT (PUD) FOR THE USE OF THE SUBJECT PROPERTY; PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS, David H. Offenburger is the Owner of 402 E. Edgewood Drive, being pint of Lot 21 (21-2) of the Hoidale and Coffman Subdivision, Abstract 20, Galveston County, Friendswood, Texas, out of the Perry and Austin League Abstract No. 2 as also depicted in Ordinances 2000-07, 2004-1 and 2013-13 of the City records which are incorporated herein by reference, (the "Property'); and WHEREAS, the Owner previously made application to the City to change the zoning classification of the Property, to permit new classifications and related additional uses to include NAICS use # 442 "Furniture and Home Furnishings," NAICS use #446 "Health and Personal Care Stores," and NAICS use 4448 "Clothing and Clothing Accessory Stores," as depicted in Exhibit"B", attached hereto and incorporated by reference; and WHEREAS, the Planning and Zoning Commission and the City Council have conducted, in the time and manner required by law and the City Code of Ordinances, a public hearing on such request, allowing all persons attending to be heard on the question of whether the changes of the uses being requested would affect the public health, safety, or general welfare of the citizens of Friendswood; and WHEREAS, the Planning and Zoning Commission has filed its written report with City Council, which recommends approval of the application, subject to any certain conditions made the subject of said recommendation; and WHEREAS, the City Council deems it appropriate to grant such request, subject to applicable regulations, restrictions, exceptions and conditions; and WHEREAS, City Council has determined that all public notices have been posted and published, all required hearings on this matter have been held, and that this Ordinance complies with the applicable provisions of the City Charter, City Code and all other applicable laws; Ord 2015-26 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be hue and correct and incorporated by reference, including the representations of Applicant, (as referenced in its application for SUP), the final report from the Planning & Zoning Commission, and the minutes of City Council, which City Council is specifically relying upon in granting this SUP, as provided hereafter. Section 2. City of Friendswood, Texas, Ordinance No. 2004-01, adopted the 2nd day of February, 2004, and Ordinance No. 2013-13, adopted the 6t" day of May, 2013, are amended to permit new use classifications and related additional uses of the Property, 402 E. Edgewood Drive, being part of Lot 21 (21-2) of the Hoidale and Coffman Subdivision, Abstract 20, Galveston County, Friendswood, Texas, out of the Perry and Austin League Abstract No. 2 as also depicted in Ordinances 2000-07, 2004-1 and 2013-13 of the City records which are incorporated herein by reference, by hereby granting another Specific Use Permit (SUP) amendment to the Property(situated in a PUD pursuant to Ordinance 95-3, adopted on March 6, 1995) to permit NAICS use #442 "Furniture and Home Furnishings,"NAICS use #446 "Health and Personal Care Stores," and NAICS use #448 "Clothing and Clothing Accessory Stores, as depicted in Exhibit "B," but otherwise expressly subject to the prior regulations, restrictions, and conditions of Ordinance 95-3, establishing a PUD for the use of the subject Property, not in conflict with the terms of this Ordinance. Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of the Property, as described and as provided in Section 2 above, with the appropriate reference thereon to the number and effective date of this Ordinance, and a brief description of the nature of the change. Section 4. This Ordinance shall in no manner amend, change, supplement, or revise any provision of any ordinance of the City of Friendswood, save and except the amendments permitted herein of said Property as described in Section 2 hereof. Section 5. In the event any section, paragraph, subdivision, clause,phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or Ord 2015-26 3 provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. Any person who shall willfully, intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. PASSED AND APPROVED on first reading this 5th day of October,2015. PASSED,APPROVED, and ADOPTED on second and final reading this 2nd day of November, 2015. i Kevin M. H hand Mayor ATTEST: Melinda Welsh, TRMC : City Secretary ;* :0: 0 •NjA co Ord 2015-26 4 Exhibit"A" to Ordinance No. 2015-26 Surveys and Maps of property located at 402 E. Edgewood Drive: 1. Deed and Legal Description 2. Aerial Map 3. Location Map 4. Zoning Map Ord 2015-26 5 CASH WARRANTY DEED Date: August 2, 1999 Grantor: SUNNY STEVENS, a single person Grantor's Mailing Address(including county): SUNNY STEVENS 5458 APPLE BLOSSOM _ERIEUMOOD, TEXAS 77546 ,ATMESTON County Grantee: DAVID H. OFFENBURGER AND MARY B. OFFENSURGER Grantee's Mailing Address (including county): DAVID H. OFFENBURGER 446 ELDER GLEN DRIVE WEBSTER, TEXAS 77598 HARRIS County MARY B. OFFENBURGER _446 ELMR CLEN DRIVE ZEBSTER. TEXAS 77598 "ARRIS, County Consideration: TEN AND NO1100 DOLLARS and other good and valuable consideration. Property (including any improvements): A TRACT OR PARCEL OF LAND OUT OF LOT TWENTY-ONE (21), OF THE HOIDALE AND COFFMAN SUBDIVISION, OF THE NORTHEAST PART OF THE PERRY AND AUSTIN LEAGUE, ABSTRACT NO. 2, GALVESTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. CASH WARRANTY DEED PAGE 1 Reservations From and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to any and all existing restrictions, mineral reservations and interests, conditions, covenants, easements and rights of way, if any, applicable to and enforceable against the above described real property as now reflected by the records of the County Clerk of Galveston County, Texas. Current ad valorem taxes on the above described property as of the date hereof are assumed by grantee and grantee covenants and promises to pay the same. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto In any wise belonging, to have and hold It to Grantee, Grantee's heirs, executor, administrators,successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. The conveyance of the property as provided for herein is made on an "AS IS" basis, and.Grantee acknowledges that, in consideration of the agreements of the Grantor herein, except as otherwise specified herein, GRANTOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY,OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, provided however that the terms of this provision shall not relieve Grantor from the obligations contained In that one certain contract for the conveyance of the property. When the context requires, singular nouns and pronouns include the plural. SUNNY STEV NS CASH WARRANTY DEED PAGE 2 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before me on August 2 1999, by SUNNY STEVENS. e DOROTHY LAMS W" —�/� Ry NOW a cc• Notary P blic, Stat f Texas PREPARED IN THE OFFICE OF: Michael H. Laster WILLIAMS, BIRNBERG &ANDERSEN, LLP 6671 Southwest Freeway, Suite 303 Houston, Texas 77074-2284 AFTER RECORDING RETURN T0: HOLD FOR TEXAS AMERICAN TITLE COMPANY RUNNER FA W P WM H LITATC 018751991175 C W D CASH WARRANTY DEED PAGE 3 PO 130X,2110 t - - r •nd r �9{IfIO(I[�17eXe$7�GBB n(? j �"..r{} ,ry +v'. '.r i 7(3.465-6181 y i FIELD NOTE DESCRIPTION 'OF A 0.3857 ACRE..TRACT OP:1/IND OUT 'or-,LOT' 21 OF THE HQIDALE AND Comes SUBDIVISION Or Tim. NORTFJEAST PART , OF,THE'PERRY AND-AUSTIN -LMGUE,. ABSTRACT 2� GALVESTON. COUNTY, TEXAS, ACCOWING TO. THE'MAP OR PLAT''THERLOI .RECORDED IN'-VOLUME 94: or.2U3151 iAGE.-3K J ON 'COUNTX, TEXAS, AND'MING MORE PARTSCULARY,X-:DESCRIBJ Q`�tSa TOLLOWS .._. ` 1 r y .Yt; `5 '4 h Qjv,Sf7'4��N�'h`�M`;a - malmINUc at a a i'neh i?o x d �.n Ene nort'hvfest xighE cif way line :of F.bi. 2351 (East Edgemood Ave.) which bears N ;45_ _0p.' 00".11 a' distance of 40:00 foet and: S 45 00' 00" 11 a Aietance of 264.00 feet. from the most easterly cornersof the aforementioned tot 21; THENCE S 450-00' Mil-47,along the_noxthWest_,xight;o# way _aiitze,of Pt4. 2351 (East . Edgewood.Ave.),'a .distance'of 120:00 feet tots z'inch_ ixoti rod for corner;.. THENCE N 45' 00' 00" W,a- distance..of 140.00.,feet to a z inch iron rod for cornea; THENCE N 45�' 00` 00"'E"a-'distance .of 120,;00:'#'pet"t"o"i'au .ihbh iron' rod for corner, THENCE $ 45` 00' '00"' B.a hstance of 140:00 .feet to '.the PLACE OF BEGINNING and containing 0.3857 acre of land, more or.legs. ., . . . : :u.r: ;. :..,.:,":. ::.•., 1;> .�.,� ; i;{iifl);..i)1' f%F;.zti;:S.i': ... , . Walker L. Treesh, R P.b:St Nb."18953) t r1, a,n tip44dr Q q August 5, lggl . WAUCEn 4..IREES" M .. f !, i, tQ'G }. :1.ri. - - SUPy' 'PROPERTY EXH151T ' i 2bo R 2 �o y A o0 y 411 N. os o I r a10' r o 404 - F a IG0 a 3 Subject Property: 402 E Edgewood Dr. o 103 J� 102 10 :r i V.. , ti3�S Legend 212 * Lot Lines Creeks r_SCity Limits � ? o 2 r % 207 209 !_'Counties rr oisdalmer This prWUct is lormlmmafional purposes slam y not have been prepared feror be suitable for legal,engineeming,orsen Xngpurp¢ses II doss not represent an on-lbeground survey and represents only the appmxirnale relative location of properly bournlades.CoeC.§2W1.102.The user is anmuragcd to independenlly imply all information contained in this product.Me Cifyof mndswood makes no representation or ivarti my as to his accuracy of this product or to its(Mess bra particular purpose.The user:(1)accepts the product AS IS,IMTHALL FAULTS;(2)assumes all responsibility for the use thereof, and 3 releases the City of Fdendswood/rom any damage,less,orlbabilify artsing from such use. City Friendswood 910 South FrIendirwood Texas Friendswood GIS Mapping Friendswood,Tezas 77546 IM (281)996-3200 wwwcUnendswood.tirus 1 n= 125 ' Frankie'Carter'Park MEAD o h OW REND D 2ty2 r4' h Qo h� 4 °yFR F�ry� 000 �m2 � 1> �c �o 1776 Memonalwark AL OOOO // 4��oo Subject Property: 402 E Edgewood Dr. o \ PAY F l i \\ qq2 I QO l P� Legend — Lot Lines -- Creeks E:3City Limits '---'Counties Rz'j City Owned 0 Non - City Owned Glsdatmev This product Is lormformalionat puWses and may not have been prepared for or be suitable for legal,engineering,orsunaying purposes If does not mprese"an on-Iheground survey and represents only the approximate roallea localion of property bouedanes.Gov.C.§2501.102 The user is encouraged to independently venfy all information contained in this product The City ofFnendssmod makes no representation or tvarealy as to Ile accuracy of this pmducl or to Its fitness fora particularpurpose.The user.(I)accepts the product AS IS,VVITHALL FAULTS,(2)assumes all responstbtltly for the use thereof, and 3 releases the City of Friendsvood from any damage,toss,Ortrability arising hom such use City Friendswood e 910 South FrientlDrive Friendswood GIS Mapping Friendswood,Texas xas 77546 __ _ (287)996-3200 `•��" w .ci./dentlswood..tx.us 1 "=391 ' Tj 2�e 200 r�;•r FPC 201 ROGFn 412 Ik°O z °! 92 410 °T� 411 FOR 200 408 b. h 406 409 :95_4' 410 404 O .. - .. ..... O� QP 408 405 �p0 402 PUD Subject Property: 403 402 E Edgewood Dr. 4 401 I:. ROFq� 0 .:: .::: 7093'93 402 .. .. CT ..:...:..... ... ::::: ...................... .............. ............................. ............................... 102 �F< .: .ruu .; OOh -2004 05....3,00:...........:... . !,'10 106 r 106 / p0 FW.O. 110 O 121�'� ::200104 .313 10A! 220 i11J UD307 Legend OPD 214 " 2013 05 -- Lot Lines OPD 211 -- Creeks 212, ...City Limits 227 '_-!Counties 240 207 209 E�]Special Uses 205: �PUO Oisdalmer.This product Is forinformational i moses and may not hove been prepared for or be suitable forlegal,engineering,or surwl^ng purposes.11 does not represent an on-thegroundsurvey and represents only the approximate relative bcation ofpropedy boundaries.Gov.C.§2501.102 The user is encouraged to independently wnfyalllnbrmaboa contaimpr In this product The City of Friendswood makes no representation orwarrenty as to the accuracy of this product or to Its fitness for a panicularpurtwse.The user.(1)accepts the product AS IS,WITH ALL FAULTS(2)assumes all responsibility for the use thereof, and(3)releases the City ofFriendswocd from my damage,loss,or liability arising from such use. City of Friendswood 9South Friendswood Drive Friends wood, 77546 Friendswood GIS Mapping y(281)996-3200 w ..ci.tnendswood.bcus 1 "= 125 ' Exhibit `B" to Ordinance No. 2015-26 Required by section 9 G (3) of the Zoning Ordinance to be incorporated into the SUP: 1. Application and Requested Uses 2. Site Plan that was included with Ordinance 2013-13 3. Photo of Existing Building Ord 2015-26 6 CITY OF FRIENDSWOOD SPECIFIC USE PERMIT APPLICATION REQUESTED DATE FILED: - FROM:DAVID eFFE cER DATE OF PUBLIC HEARING: '�� TO: AUBRE—Y-h1,4RBfN V vii %, F FEE: $300.00 PROPERTY IDENTIFICATION: Street/Road Address:402 EAST EDGEWOOD DR. Lot:21 (21-2), Blocl(:®, Addition: Hoidale and Coffman LEGAL DESCRIPTION: Describe from deed records, attach copy of filed deed, and include a Metes and Bounds description. PLATTED LAND: UNPLATTED LAND (Must have certified metes and bounds description, including name and address and telephone number of surveyor) F attached RECORDED OWNER: DAVID OFFENBU GER OWNER'S INFORMATION NAME:DAVID OFFENBURGER EMAIL ADDRESS: david @offenburger.net PHONE NUMBER:281-482-3000 FAX#: 281-486-7944 MAILING ADDRESS 402 EastEdgewood DrSteC CITY Friendswood STATE Tx Zip 77546 AGENT'S INFORMATION NAME: EMAIL ADDRESS: PHONE NUMBER: FAX#/: MAILING ADDRESS CITY STATE ZIP In authorizing an agent to representthe owner,the owner attests that his/her agent may make verbal or written representations and/or declarations on the owner's behalf and the owner understands and acknowledges that the City of Friendswood shall rely upon the agent's representations in matters pertaining to the above described property. The designation of an agent in this matter in no way absolves the owner of any of the owner's responsibilities outlined by the City of Friendswood. PETITION: As owner/agent, I hereby petition the City for approval of the above described request as r ided y the laws of the State of Texas and Ordinances of the City of Friendswood. Signature Signature: (Agent) FEE: DATE PAID: I J RECEIPT NUMBER: �' Y 7!24/2014 OFFENBURGER Since 1951 www.offenburger,net City of Friendswood Planning Dept August 31, 2015 c/o Aubrey Harpin Re: SUP 402 East Edgewood Dr Dear Aubrey: Please find attached my specific use permit application. I would like to add to pennitted uses the following: 442 Furniture and Home Furnishings 446 Health and Personal Care Stores 448 Clothing and Clothing Accessory Stores Please contact me if you need anything further. Sincerely llavrd H. ffen rger OFFENBURGER CONSTRUCHONINC. 402 FAST EDGEIVOOD DR. FRIENDSIVOOD, TEMS 77546-3825 281482-3000 FAX 486-7944 / � » # mAi3 » s oi \\ . [ \i mISM _ \ � 4 ). y - ; \\ , \ m ! § ` °£ / 2 B k )2 f§ § : \ — — E� 00, 00. 62 dU a Ti III 7 ] \ . \� . � \/\ � � 3CGEFApewooe ar Q . . Fnrdsxmd,Te%a. rT.f.s m015C le-GAISG rams, xgwnmmm a ® 1 aix eeugenoaeor Q �' r n o: r, C�Py li 1 �'J ■ __il —i Tl r� - K azms �e-oanisr, a rr�w oi�:e nwm au�.um