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HomeMy WebLinkAboutOrdinance No. 99-22 ORDINANCE NO. 99-22 AN ORDINANCE OF TH� CITY OF FRIEND5WOOD, 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 417 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 SEVERABII.ITY. * * * * * * * * WHEREAS, the Friendswood City Council and the Friendswood Planning and Zoning Commission conducted a joint public hearing on July 12, 1999, to consider an application for a specific use permit for a dry-clean plant, to be located at 417 South Friendswood Drive; 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 July 15, 1999 meeting to recommend approval of the application subject to certain conditions which will make the use more compatible with surrounding land uses; and 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, Dry Cleaning Plant-518-SUP 10/20/99 Pagel 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 the Zoning Ordinance, is hereby amended by amending the zoning classification of certain property described in Exhibit A attached hereto and made a part hereof, and which property is known municipally as 417 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 to 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. 4. The facility shall have a sampling port installed on its property to test future compliance sampling of sewer ef�luect. 5. All employees shall be certified by the equipment manufacturer before operating or maintaining the equipment at this site. Dry Cleaning Plant-518-SUP 10/20/99 Page2 �,.. a,.� 6. Perchloroethylene waste removal shall be handled by a third-party transporter and removed to a (RCRA) permitted treatment storage and disposal facility. 7. No perchloroethylene shall be stored onsite other than in the dry cleaning machine system. 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. 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 sha11 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 shall 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. Dry Cleaning Plant-518-SUP 10/20/99 Page3 _. ,,., PASSED AND APPROVED on first reading this 4th day of October , 1999. PASSED, APPROVED, and ADOPTED on second and final reading this 18th day of October , 1999. Harold L. Whitaker Mayor ATTEST: � Deloris McKenzie, T City Secretary - P�otion: Councilmember Larrv Taylor 2nd : Councilmember Jerry Ericsson Apnroved: 4-2, Kim B. & Kitten H. On�osed Dry Cleaning Plant-518-SUP 10/20/99 Page4