From
Chris Hartmann
Title
TA180701C - Amendment to Appendix X, "Industrial Development Standards" of the Unified Development Code of the City of Grand Prairie, Texas, to comply with recently adopted state legislation governing the regulation of building materials and construction methods. (On September 9, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
In response to HB 2437, which prohibits cities from passing an ordinance prohibiting or requiring developers use certain materials, staff proposes the following changes to Appendix X - Industrial Development Standards:
Square Footage Threshold: Since the ordinance has passed, staff has found that the existing 20,000 square foot threshold has an adverse impact on smaller, local businesses looking to construct purpose-built industrial buildings, and that spec buildings which are constructed without a tentant and often sit vacant for long periods of time tend to be larger than 50,000 square feet. In response, staff proposes that the threshold for a development falling under Appendix X be increased from 20,000 square feet or greater to 50,000 square feet or greater.
Tree Preservation: Change tree preservation approach from incentive for tree preservation to requirement for tree preservation. Under the current ordinance, an industrial developer can receive credit towards architectural and building materials requirements by preserving existing trees on the site. This has proven popular with developers, particularly on sites that are adjacent to waterways with thick tree canopies. With the city's ability to require materials and architectural methods restricted, the incentive for tree perservation is also lost. One of the primary intents of the industrial standards is the mitigation of harmful airborne pollutants and noise often created by large warehouses and trucking operations. Staff proposes that a requirement to preserve 30 percent of existing caliper inches be put in place of the existing incentive-based approach to ensure developers continue to preserve valuable existing trees, which tend to have a higher rate of survival than most new plantings and are more effective at screening and carbon sequestration.
Building Materials Menu: Move building materials and windows requirements to menu items and grant relief from current landscaping or open space features requirements if preferred architectural methods or building materials are used. This would move the base requirement for masonry construction and windows on 30% of primary facade to the list of optional menu items. As an incentive to developers to use preferred materials and architectural methods, the base landscaping requirement of 1 tree per 250 square feet would be progressively reduced to 1 per 500 or 1 per 1,000, or outdoor/open space amenities requirements can be reduced, depending on how many of the preferred methods are adopted.
The proposed text changes are included as Exhibit A.
RECOMMENDATION:
At its September 9, 2019 meeting, the Planning and Zoning Commission voted 7-0 to recommend approval as presented.
Development Review Committee recommends approval with the addition of the following language within the body of the text:
To the extent any provision of this Article or the Unified Development Code conflicts with Texas law, the provision shall be construed so as to be in compliance with state law, where possible. If it is not possible to construe a given provision in a manner that is compliant with state law, the provision shall not be enforced.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING APPENDIX X, “INDUSTRIAL STANDARDS”, OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO REMOVE BUILDING MATERIALS REQUIREMENTS AND RESTRICTIONS FOR NEW DEVELOPMENT AND REDEVELOPMENT IN CONFORMANCE WITH STATE LAW AND TO ESTABLISH BUILDING MATERIALS OPTIONS AND RECOMMENDATIONS FOR NEW INDUSTRIAL DEVELOPMENT AND REDEVELOPMENT AND TO ESTABLISH INCENTIVES FOR USING RECOMMENDED MATERIALS FOR INDUSTRIAL CONSTRUCTION AND TO ESTABLISH A TREE PRESERVATION REQUIREMENT FOR INDUSTRIAL DEVELOPMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Legislation was adopted by the governing body of the State of Texas that has caused city ordinances regarding processes and procedures for site plan and plat approval to come into potential conflict with state law; and
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 behalf of the City or by the City Manager's own initiative.”; and
WHEREAS, on August 6, 2019, a review and briefing was held by the staff of the City Manager’s office before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate said amendments; 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 the Unified Development Code for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, on September 3, 2019, city staff presented the proposed ordinances amendments to Article X of the Unified Development Code to the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate said amendments; and
WHEREAS, on September 3, 2019, the City Council Development Committee of the City of Grand Prairie, Texas recommended approval of the proposed amendments; 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 September 9, 2019, 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 to recommend to the City Council of Grand Prairie, Texas, that the proposed amendments to Appendix X should be approved, since its provisions will create conformity between city ordinances and state law, and 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 September 17, 2019 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, Appendix X, “Industrial Development Standards” of the Unified Development Code of the City of Grand Prairie, Texas be amended as shown in Exhibit A - “Appendix X” of this ordinance, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough.
SECTION 2
THAT sections of the amended articles 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 the terms of this Ordinance are severable and governed by Section 1-4 of the Code of Ordinances of the City of Grand Priaire, Texas.
SECTION 6
THAT a violation of this Ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in Texas Local Government Code Section 54.016, as it may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 7
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 SEPTEMBER, 2019.
ORDINANCE NO. 10712-2019
CASE NO. TA180701C