From
Chris Hartmann
Title
TA171001 - Text Amendment - Temporary Concrete Batch Plants - Article 4: Permissible Uses, Section 4.12.4 - Public Notice, to include sending surrounding property owner notices in the same manner as a zoning case; and Article 22: Fee Schedule, Section 22.2.29 - Permit/Advertisement Fees for Temporary Concrete Batch Plants, to establish a fee covering the cost of such notices. The applicant is the City of Grand Prairie. (On October 2, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David Jones, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Amendment to Article 4, “Permissible Uses” and Article 22, “Fee Schedule”, within the Unified Development Code.
OVERVIEW:
The proposed amendment would revise notification requirements for temporary batch plants and adjust the fee schedule to cover the costs of the notification process.
Currently, temporary batch plants may be permitted by the Director of Public Works upon filing of an application and $350 fee. Each proposal for a batch plant must be publically advertised in the local newspaper to provide a minimum of ten (10) days for public review and comment. There is no other requirement for public notification.
Due to changing consumer tastes regarding traditional newspapers, staff is proposing to modify the notification requirements to ensure owners of property surrounding proposed batch plants are receiving adequate notice. The proposed amendment would adopt notification requirements similar to rezoning and Specific Use Permits by requiring that property owners within 300 feet of the proposed batch plant site be notified by U.S. Mail not less than fifteen (15) days prior to approval or denial by the Director of Public Works.
To cover the additional cost of preparing and mailing public notices to surrounding property owners, the application fee would increase from $350 to $500.
RECOMMENDATION:
The Development Review Committee recommends approval of the proposed amendment.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 4: “PERMISSIBLE USES” AND ARTICLE 22, “FEE SCHEDULE” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO AMEND NOTIFICATION REQUIREMENTS FOR TEMPORARY BATCH PLANTS AND TO ADJUST THE FEE SCHEDULE TO COVER THE COSTS OF NOTIFICATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: “Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on be-half of the City or by the City Manager's own initiative.”; and
WHEREAS, on September 18, 2017, a review and briefing was held by City staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate an amendment to notification requirements for temporary batch plants and to adjust the fee schedule to cover the costs of notification; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed City staff to initiate the preparation of an ordinance amending Article 4 “Permissible Uses” and Article 22 “Fee Schedule” of the Unified Development Code to amend notification requirements for temporary batch plants and to adjust the fee schedule to cover the costs of notification for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 P.M. on October 2, 2017, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, after consideration of said amendments, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building, at 6:30 o'clock P.M. on October 17, 2017 to consider the advisability of amending the Code of Ordinances and the Unified Development Code as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT Article 4 “Permissible Uses” and Article 22 “Fee Schedule” of the Unified Development Code, City of Grand Prairie, Texas, be and are amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough, as follows:
Article 4: Permissible Uses
SECTION 12 ‐ TEMPORARY BATCH PLANTS
4.12.2. Minimum Requirements
As a minimum, each application shall contain the name of the applicant, address(es) and/or description of the lot(s) or tract(s) upon which the batch plant is proposed to be located, a map showing the proposed location of the plant, project to which the plant relates, period of time requested, and a permit exemption granted by the Texas Commission on Environmental Quality (TCEQ).
4.12.4. Public Notice
A. Each permit application and extension shall be publicly advertised in the local newspaper and notice shall be placed in the United States mail by the Director of Public Works or designee no later than fifteen (15) days prior to approval or denial of the permit application to provide a minimum of ten (10) days for public review and comment, said written notice being addressed to:
i. The applicant and owner of the property involved in the request, as shown on the currently adopted tax rolls of the City of Grand Prairie, and
ii. The owner as shown on the currently adopted tax roll of the City of Grand Prairie of any and all property located within three hundred (300) feet of the subject property on which the batch plant is proposed.
B. The Director of Public Works shall consider all public comment prior to approving or denying the permit application.
Article 22: Fee Schedule
Section 2 - FEE SCHEDULE
22.2.1 Permit/Advertisement Notification Fees for Temporary Concrete Batch Plants:
The fee for processing an application for a temporary batch plant shall be five hundred dollars ($500.00) three-hundred fifty dollars ($350.00) payable upon filing the application. In the event that an extension of the temporary batch plant permit should be sought, the fee for such extension shall be two-hundred fifty dollars ($250.00) one-hundred dollars ($100.00). The fee for each follow-up extension of the temporary batch plant permit after the original extension of the temporary batch plant permit shall be two-hundred fifty dollars ($250.00) one-hundred dollars ($100.00). Complete requirements for a temporary batch plant shall be per Article 4, “Permissible Uses,” of the Unified Development Code.
SECTION 2
THAT all other provisions of the Article 4 “Permissible Uses” and Article 22 “Fee Schedule” of the Unified Development Code, not included in this amendment, shall remain in full force and effect, save and except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 3
THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 4
THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 5
THAT any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 17th Day of OCTOBER 17, 2017.
ORDINANCE NO. 10378-2017
CASE NO. TA171001