The Dallas City Plan Commission is slated to discuss a controversial code amendment that could limit the ability of citizens to use a legal process to close polluting industries in their neighborhoods.
Dallas residents seeking to close an industrial facility in their neighborhood have been able to initiate a process known as "amortization." That enabled them to call on a city board to hold a public hearing to decide whether the facility should be allowed continue operating.
But Dallas officials say that process was upended by a state law signed last year. Some Dallas residents say city overreacted and that its remedy goes above and beyond what state legislators signed into law.
The ordinance drafted by the city's staff lays out a way that individuals other than elected officials can start the amortizaton process, which also is known as a scheduled closure. But according to the city, that can happen only if the city鈥檚 chief financial officer says there鈥檚 enough money in a proposed 鈥渘onconforming use鈥� fund to cover any related costs.
The Thursday public hearing comes after almost a year of discussion, drafted legal remedies 鈥� and the denial of residents trying to use the process to their advantage. Individuals can register to speak at the hearing 3 p.m.Wednesday.
四虎影院 has reported extensively on some West Dallas residents鈥� fight to use the process to close down a decades-old shingle factory just a stones throw from their backyards.
They say the plant's emissions are harming the health of their community 鈥� and they want it to stop.
Janie Cisneros, leader of West Dallas community group Singleton United/Unidos, tried to file for a scheduled closure of the plant last year. She was turned away several times by different city departments 鈥� and an assistant city attorney.
鈥淭hey鈥檙e giving us the run around鈥o one wants to take this application, no one wants to speak with us,鈥� Cisneros said in an interview with 四虎影院 in October last year. 鈥淒oors keep getting shut.鈥�
The city claimed at the time that it could not accept any applications for a scheduled closure due to Senate Bill 929, which changed the process.
The city鈥檚 zoning ordinance advisory group voted to move the drafted ordinance forward last year 鈥� nothing that sending it on to the plan commission did 鈥渘ot preclude the opportunity for changes to be written鈥� into the ordinance.
Ultimately, Cisneros decided to sue the city.
鈥淭he City shenanigans to protect GAF at all costs needs to stop. People are sick. People are dying,鈥� Cisneros said in a press release announcing the legal action earlier this year.
鈥淭he City has equity and empathy as core values. Why do they not apply to the residents of West Dallas?鈥�
The city did not respond to request for comment by 四虎影院 when Cisneros filed her application. When asked about the amortization process previously city spokesperson told 四虎影院 this:
"Because our development code has not been amended yet to reflect the changes in state law, the city cannot process a request to establish a compliance date at this time as it would be in conflict with state law and/or the city code."
In April, Cisneros along with other environmental activists were cited for blocking the entry way to the GAF shingle plant located along the Singleton Corridor in West Dallas.
GAF's leadership and media partners on site declined to comment. A GAF spokesperson supplied a written statement after the demonstration had ended.
鈥淲e appreciate the rights of our neighbors to voice their opinions but today our priority is the safety of our staff and people in West Dallas,鈥� the GAF spokesperson said in the statement.
鈥淲e take this opportunity to reiterate the fact that GAF is a good operator and has complied with the terms of its air permits. GAF has been inspected numerous times by various agencies (City of Dallas, TCEQ, and EPA) in recent years and there have been no notices of violation issued.鈥�
A day before the action, Venton Jones, a Democrat who represents Texas House District 100, apologized for voting in favor of SB 929.
"As a lawmaker, sometimes you make mistakes. My vote for SB 929 is an example of legislation that had unintended consequences," Jones said in the statement to 四虎影院.
"I will continue working to improve the health of my constituents and reduce the harm caused by the historic presence of industrial pollutants too close to the homes of Texas families."
It is unclear whether the council would support setting up another fund specifically to deal with nonconforming uses throughout the city. The idea comes just months before the council will have to discuss and approve another budget 鈥� and agree on a plan to fund the ailing public safety pension system.
The hearing is slated for Thursday, but according staff鈥檚 report, the item could be deferred until August.
Got a tip? Email Nathan Collins at ncollins@kera.org. You can follow Nathan on Twitter .
四虎影院 is made possible through the generosity of our members. If you find this reporting valuable, consider today. Thank you.
