HomeMy WebLinkAboutOrdinance No. 2000-08 . , � � . .
ORDINANCE NO. 2 0 0 0-0 8
AN ORDINANCE OF THE CITY OF F1tIENDSWOOD, TEXAS,
AMENDING ORDINANCE NO. 84-15, SAID ORDINANCE NO. 84-15
BEING THE ZONING ORDINANCE OF THE CITY, BY GRANTING A
SPECIFIC USE PERMIT FOR A DRY-CLEANING PLANT, LOCATED
AT LOT 3, BLOCK 2, FRIENDSWOOD SUBDIVISION MUNICIPALLY
KNOWN AS 102 SOUTH FRIENDSWOOD DRIVE, AND IMPOSING
CERTAIN CONDITIONS; 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, the Friendswood City Council and the Friendswood Planning and Zoning
Commission conducted a joint public hearing on January 3, 2000, to consider an application for a
specific use permit for a dry-clean plant, to be located at Lot 3, Block 2, Friendswood
Subdivision; and
WHEREAS, the hearing was duly called as provided by the laws of the State of Texas
and Ordinance No. 84-15 of the City of Friendswood, and that in such hearing all persons
attending were allowed to be heard on the question of whether or not the expansion of the use
allowed on said property by allowing the construction of a dry clean plant on the site would
affect the public health, safety, morale, convenience, or general welfare of the citizens of
Friendswood, and whether or not rezoning would violate the rights of any interested person; and
WHEREAS, the Friendswood Planning and Zoning Commission voted at its January 3,
2000, meeting to recommend approval of the application subject to certain conditions which will
make the use more compatible with surrounding land uses; and
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WHEREAS, as a result of the said public hearing and the recommendation from the
Friendswood Planning and Zoning Commission, the City Council finds that such use is not
detrimental to the community; now,therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. That City of Friendswood, Texas, Ordinance No. 84-15, passed and
approved on November 19, 1984, and known as tlie Zoning Ordinance, is hereby amended by
amending the zoning classification of certain property described as Lot 3, Block 2, Friendswood
Subdivision, and which property is known municipally as 102 South Friendswood Drive, to
allow the use of such described property for a dry clean plant. Such use is to be subject to the
following conditions:
1. The facility may process only the clothing dropped off by
customers at that location. All such facilities and related improvements
shall be constructed on the site in accordance with the final site
development plan presented ta Council and Commission, and on file in the
Community Development Department.
2. The facility shall be registered with EPA and TNRCC as a small
industrial generator of hazardous waste.
3. Perchloroethylene waste storage shall be limited to no more than
90 days on site.
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4. The facility shall have a sampling port installed on its property to
test future compliance sampling of sewer effluect.
5. All employees shall be certified by the equipment manufacturer
before operating or maintaining the equipment at this site.
6. Perchloroethylene waste removal shall be handled by a third-party
transporter and removed to a resource conservation and recovery act
(40CFR260-268) permitted treatment storage and disposal facility.
7. No Perchloroethylene shall be stored onsite other than in the dry
cleaning machine system.
8. Four underground monitoring wells shall be installed on site to
monitor Perchloroethylene; which shall be regularly monitored, and
records of such monitoring shall be reasonably available to the City. If
existing wells are utilized for monitoring, they shall be modified as
necessary to monitor the chemicals used.
9. Applicant will carry insurance for mitigation purposes in an
amount of a minimum of$.5 million, and shall provide the City copies of
insurance documents on an annual basis, or within 30 days of a change in
insurance or insurance carrier.
Section 2. The official zoning map of the City shall be revised to show the above
described tracts rezoned to SPECIFIC USE—DRY CLEAN PLANT.
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Section 3. This Ordinance shall in no way reduce, amend, supplement, or change any
provision of any ordinance of the City of Friendswood, other than to accomplish the rezoning of
the tract described in Section 1 to SPECIFIC USE—DRY CLEAN PLANT.
Section 4. Any person who shall violate any provision of this Ordinance shall be
deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed
$2,000. Each day of violation shall constitute a separate offense.
Section 5. In the event any clause phrase,provision, sentence, or part of this Ordinance
or the application of the same to any person or circumstances shall for any reason be adjudged
invalid or held unconstitutional by a court of competent jurisdiction, it sha11 not affect, impair, or
invalidate this Ordinance as a whole or any part or 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 such
part thus declared to be invalid or unconstitutional,whether there be one or more parts.
PASSED AND APPROVED on first reading this 20th day of March ,
2000.
PASSED, APPROVED, and ADOPTED on second and final reading this 17th
day of April , 2000.
Harold L. Whitaker
Mayor
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AT'1 EST:
, � � �
D loris McKenzie, T C
City Secrefary
D70TION: Councilmeznber Tom Manison
2ND: Councilmember r�el Measeles
APPROVED: 6-1 (Kitten Hajecate Ot?x�osed)
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