On February 12, Wednesday, the Dallas City Council approved rezoning Floral Farms, and passed the proposed changes to the Dallas Development Code in accordance with SB929.
Environmental justice groups Downwinders at Risk, Singleton United/Unidos, Southern Sector Rising, and Sunrise Movement Dallas expressed praise for a long overdue vote to rezone Floral Farms; yet, disappointment for the councils’ stance to not make any amendments to the new SB929 compliance hearing process.
One of the changes to the Dallas Development Code is removing the right for a resident to file for amortization of a nonconforming use, and only granting City Council jurisdiction to file.
One of the advocates against these proposed changes was Janie Cisneros, leader of Singleton United/Unidos and resident of West Dallas, who had attempted to file for amortization twice towards the GAF shingle facility.
Caleb Roberts, the Executive Director of Downwinders at Risk, spoke before the council against these changes, said, “This shouldn’t stop any good zoning policy from happening in this city…we want to be sure that the adverse impact hearing still happens before any discussion of financial implication comes about”
The hearing to assess adverse impact is the first step in the process when the Board of Adjustments investigates how a nonconforming use will impact its surrounding areas and properties.
If no adverse impact is found, the nonconforming use can proceed forward with two options regarding financials: (1) receive a payment from the City of Dallas at market value to cease operations, or (2) continue operations until the owner recovers payment through its business activities. The owner also has the right to apply to the Board of Adjustments about the calculated amount.
The council did not specify how the city intends to pay for the termination of a nonconforming use.
District 8 City Councilman Tennell Atkins motioned to approve the changes, which unanimously passed.
Dr. Marsha Jackson, the Executive Director of Southern Sector Rising and resident of Floral Farms, spoke in favor of the zoning changes for Floral Farms, “We are not against businesses, but we are against polluters. We’ll continue worrying about our health – our community.”
This has been a six-year long fight to rezone Floral Farms which formerly had the Shingle Mountain site, a 70,000 ton pile of toxic roofing waste dumped in the neighborhood.
The vote for rezoning passed 12-1 with District 12 Councilwoman Cara Mendelsohn being in opposition.
