The Dallas Plan and Zoning Commission approved an amendment to the Dallas development code which — if approved by City Council — would strip residents of the ability to apply for a scheduled closure, or amortization, of a property.
City leaders say the amendment was proposed to put the Dallas Development Code in compliance with Texas Senate Bill 929, which was signed into law last year.
The current process allows Dallas residents to call for a public hearing to decide whether the facility should be allowed to continue operating. City officials say the process was upended by the new state law while residents say the city's remedy goes above and beyond what SB 929 says.
Under the law, if a municipality requires a "nonconforming" property to cease operation the property owners are entitled to compensation related to demolition, relocation, lease termination or mortgage discharge. But that can only happen if the city’s chief financial officer says there’s enough money in a proposed “nonconforming use” fund to cover any related costs..
During Thursday's meeting, board member Melissa Kingston supported the amendment's approval, but said she felt the new law targeted Dallas and tied city officials' hands in a lot of ways.
While she didn't like the outcome, Kingston said good government meant being fiscally responsible.
"That resident initiated path that has no funding is not something that's practically going to work," she said. "It's just going to waste already precious city resources that could be used to improve the lives of our residents, instead of wasting them on a process that isn't going to work."
Prior to the vote, West Dallas community leader Janie Cisneros was among residents who spoke in opposition to the amendment. A vocal opponent to the new amendment, Cisneros said it would block West Dallas residents' path to closing the 80-year-old GAF shingle factory they say is polluting their air — and harming their health.
She told commissioners Thursday they had asked their council member to initiate amortization on the property years prior to SB 929. At the time, they were told there was "dire concern" for use of city funds for possible litigation.
"Bottom line is that there's never been a will or courageous leadership to bring justice to all the families in West Dallas," Cisneros said. "And every step in action has potentially cost the city more financially and in adverse health impacts."
Cisneros and four other West Dallas advocates were ticketed on Earth Day this year for blocking the roadway entrance to the GAF shingle factory along Singleton Boulevard. A day earlier, Texas Rep. Venton Jones, D-Dallas, apologized for voting in favor of SB 929.
“As a state representative you don’t always make the right votes, and there was a vote that took place that made it even harder for organizations to get out of communities when they don’t need to be in communities,” Jones said during a rally at Fish Trap Lake, across from the GAF facility.
GAF has pushed back against pollution claims. In a previous statement to KERA News, a GAF spokesperson said the company appreciates the rights of residents to voice their opinions.
"We take this opportunity to reiterate the fact that GAF is a good operator and has complied with the terms of its air permits," a GAF spokesperson said amid the Earth Day protest. "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.”
Texas Sen. Royce West has also voiced concern over the GAF facility. In a letter addressed to the city planning commission, West said the facility warrants "immediate and careful consideration" due to its impact on residents' health and the environment.
"The emissions from GAF have allegedly led to soot settling on vehicles and homes in the surrounding area," he wrote in his letter. "This issue is compounded by the facility’s proximity to daycares, schools, churches, and other essential community spaces, thereby exposing residents, including children and the elderly, to harmful chemicals."
West added that it was "crucial" to ensure GAF ceased operations in the neighborhood by 2025-2026, rather than extending the timeline to 2029.
For some, it's not clear SB 929 exempts residents from the right to file for amortization. The law leaves public hearings at the discretion of municipalities, but it does not specify whether or not members of the public can file for amortization.
"The public has been on the forefront of letting the city know what's going on in their community, not vice versa," said Dallas resident Caleb Roberts. "So to stop the public in any way or fashion from being able to present that to a governing body is something that we disagree with."
The amendment was approved by commissioners on Thursday and will be put before City Council members for a final vote.
KERA's Nathan Collins contributed to this report.
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