HomeMy WebLinkAboutOrdinance No. 99-28 ORDINANCE NO. 99-28
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, 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 FARM TO MARKET ROAD 528, IN THE LOT 6, MANISON
COIV�MERCIAL PARK, 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 July 26, 1999, to consider an application for a
specific use permit for a dry-clean plant, to be located at Lot 6, Manison Commercial Park; 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 at 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 August 5,
1999 meeting to recommend approval of the application as presented by the applicant at the
public hearing; 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
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detrimental to the community, is in conformance with the City of Friendswood long range plan
and comprehensive zoning regulations; 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 the Zoning Ordinance, is hereby amended by amending the
zoning classification of certain property described as Lot 6 out of the Manison Commercial Park
located on Farm to Market Road 528, and which property is known municipally as Farm to
Market Road 528, Lot 6, in the Manison Commercial Park, to allow the use of such described
property for a dry clean plant. All such facilities and related improvements shall be constructed
on the site in accordance with the site development plan presented to the Council and Commission
at the public hearing of July 26, 1999, which is on file in the Community Development
Department. Such use is to be subject to the following conditions:
1. The facility shall be registered with EPA and TNRCC as a small
industrial generator of hazardous waste.
2. Perchloroethylene waste storage shall be limited to no more than 90
days on site.
3. The facility shall have a sampling port installed on its property to
test future compliance sampling of sewer ef�luect.
4. All employees shall be certified by the equipment manufacturer
before operating or maintaining the equipment at this site.
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5. Perchloroethylene waste removal shall be handled by a third-party
transporter and removed to a (RCRA) permitted
treatment storage and disposal facility.
6. 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 sha11 violate any provision of this Ordinance sha11 be deemed
guilty of a misdemeanor and, upon conviction, sha11 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.
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PASSED AND APPROVED on first reading this 4th day of October ,
1999.
PAS SED, APPROVED, and ADOPTED on second and final reading this 18 th
day of October , 1999.
Harold L. Whitaker
Mayor
ATTEST:
. �'
Deloris McKenzie, T C
City Secretary
Motion: Cour�cilmember Larry Taylor
2nd: Councilmember Jerrv Ericsson
Approved: 4-1, Kitten H. Opposed
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