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1 City of Grand Prairie Meeting Agenda City Hall 317 College Street Grand Prairie, Texas City Council Tuesday, October 30, :30 PM City Hall - Council Chambers 317 College Street Call to Order Executive Session The City Council may conduct a closed session pursuant to Chapter 551, Subchapter D of the Government Code, V.T.C.A., to discuss any of the following: (1) Section Consultation with Attorney (2) Section Deliberation Regarding Real Property (3) Section Personnel Matters (4) Section Deliberations Regarding Economic Development Negotiations Items for Individual Consideration Public Hearing and First Reading of an Ordinance enacting a 90-day moratorium on the acceptance and processing of applications and permits for development and use of commercial property within the corporate limits of the City for industrial tilt-wall buildings designed to accommodate industrial uses, including the storage and movement of goods or freight by the utilization of heavy load vehicles Adjournment Certification In accordance with Chapter 551, Subchapter C of the Government Code, V.T.C.A, the City Council agenda was prepared and posted, Catherine E. DiMaggio, City Secretary The Grand Prairie City Hall is accessible to people with disabilities. If you need assistance in participating in this meeting due to a disability as defined under the ADA, please call or Mona Lisa Galicia (mgalicia@gptx.org) at least three (3) business days prior to the scheduled meeting to request an accommodation. City of Grand Prairie Page 1

2 City Council Meeting Agenda October 30, 2018 City of Grand Prairie Page 2

3 City of Grand Prairie City Hall 317 College Street Grand Prairie, Texas Legislation Details (With Text) File #: Version: 1 Name: 90-day Moratorium of industrial buildings Type: Agenda Item Status: Items for Individual Consideration File created: On agenda: Title: Sponsors: Indexes: Code sections: Attachments: 10/17/2018 In control: Planning and Zoning Commission 10/30/2018 Final action: Public Hearing and First Reading of an Ordinance enacting a 90-day moratorium on the acceptance and processing of applications and permits for development and use of commercial property within the corporate limits of the City for industrial tilt-wall buildings designed to accommodate industrial uses, including the storage and movement of goods or freight by the utilization of heavy load vehicles Date Ver. Action By Action Result From Chris Hartmann Title Public Hearing and First Reading of an Ordinance enacting a 90-day moratorium on the acceptance and processing of applications and permits for development and use of commercial property within the corporate limits of the City for industrial tilt-wall buildings designed to accommodate industrial uses, including the storage and movement of goods or freight by the utilization of heavy load vehicles Presenter Steve Norwood, Planning Director, and Megan Mahan, City Attorney Recommended Action Conduct a public hearing on the first reading of the ordinance Analysis This topic was presented to the City Council at the October 16, 2018 City Council meeting as a briefing item. This is the first reading of the ordinance and first public hearing. Staff will do a presentation at the Public Hearing on this item. Financial Consideration There should be no financial impact because of a moratorium. Body AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, IMPOSING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS AND PLANS FOR DEVELOPMENT FOR PERMITS, PLATS, VERIFICATIONS, REZONINGS, SITE PLANS AND NEW OR REVISED CERTIFICATES OF OCCUPANCY FOR DEVELOPMENT THAT INCLUDES TILT-WALL BUILDINGS DESIGNED City of Grand Prairie Page 1 of 7

4 TO ACCOMMODATE INDUSTRIAL USES, INCLUDING THE STORAGE AND MOVEMENT OF GOODS OR FREIGHT BY THE UTILIZATION OF HEAVY LOAD VEHICLES AS A PRINCIPAL USE OR AS AN ACCESSORY USE WITHIN THE CORPORATE CITY LIMITS OF GRAND PRAIRIE; ADOPTING WRITTEN FINDINGS JUSTIFYING THE MORATORIUM; PROVIDING FOR WAIVERS AND LIMITED EXCEPTIONS TO THE MORATORIUM; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EXPIRATION DATE; AND PROVIDING AN EFFECTIVE DATE THEREOF WHEREAS, the City Council of the City of Grand Prairie, Texas, (the City ) seeks to provide for the orderly and safe development and redevelopment of land and use of property within its city limits to protect the health, safety and welfare of its residents, businesses and the general public; and WHEREAS, the City s proximity to an extensive interstate highway system and the presence of a large industrial sector makes the City attractive to businesses that utilize, serve and accommodate industrial warehousing operations and heavy load commercial vehicles; and WHEREAS, over 100 million square feet of industrial space has been constructed in the Dallas-Ft. Worth metropolitan area since 2013, and the current industrial market has driven the development and construction of industrial buildings in which the final occupant is not known, making it impossible for the City to accurately assess the impacts of the development until after construction; and WHEREAS, over 11 million square feet of industrial space has been constructed or approved in the City of Grand Prairie since 2013, which represents more than 10% of the total metropolitan industrial market; and WHEREAS, the population of the City is less than 200,000 persons, or less than 3% of the population of the Dallas-Ft. Worth metropolitan area, based on the most recent estimates published by the United States Office of Management and Budget; and WHEREAS, there is considerable undeveloped and underdeveloped property within the City where new or expanded property development may occur and that may or may not be appropriate locations for industrial buildings that include the utilization of heavy load vehicles, and it is prudent to review, adopt or amend new or existing ordinances and regulations to control the negative impacts of such property development before owners and developers apply for permits and other approvals with the intent to develop, redevelop, expand or intensify new or existing businesses on the undeveloped or underdeveloped property; and WHEREAS, the City Council finds that the concentration, location, visual impact, parking, screening and circulation of heavy load vehicles that create negative impacts on residential areas due to noise and traffic, have the potential to create negative impacts along the City s freeway commercial corridors due to the visual impacts of industrial tilt-wall buildings commonly reaching 40 feet or more in height and up to 600,000 square feet or more in gross size, and that cause damage to the City's street and road network from the activities of businesses that attract or rely upon and generate a large volume of trucks; and WHEREAS, the City Council has found that the numerous existing industrial warehousing operations within the City, as well as those that have been recently approved for construction, and recent applications for new industrial warehouse buildings which consume large amounts of land and which attract or accommodate a large volume of interstate-class trucks, have demonstrated that current regulations are inadequate to control the negative impacts of the proliferation of such development on the surrounding street network, on the ability of the City to attract more diverse employment centers in the same geographic sector of the community, and on City of Grand Prairie Page 2 of 7

5 the quality of life in nearby residential areas; and WHEREAS, Chapter 212, Subchapter E, Texas Local Government Code, authorizes the City of Grand Prairie to adopt and impose a moratorium on property development of commercial property when applying the existing commercial development ordinances and regulations and other applicable laws is inadequate to prevent the new development from being detrimental to the public health, safety or welfare of the residents of the City; and WHEREAS, the City Council finds that it is in the best interest of the City to impose this moratorium so that the Planning and Zoning Commission and the City Council can study the current zoning classifications and other regulations, including but not limited to, the Comprehensive Plan, the Grand Prairie Unified Development Code, and the Code of Ordinances, to determine if there are adequate land use and other regulations with respect to the development and use of commercial property within the corporate limits of the City for industrial tilt-wall buildings designed to accommodate industrial uses, including the storage and movement of goods or freight by the utilization of heavy load vehicles; and WHEREAS, the Planning and Zoning Commission and City Council review of the current City regulations relating to commercial development, commercial property and businesses involving industrial buildings designed for truck-related uses is necessary to determine if such regulations meet the needs of the City; and WHEREAS, the City Council finds that under current conditions, land use and development of industrial tilt-wall buildings and truck-related uses within the zoning classifications of the City result in incompatible land uses within close proximity to each other and discourage development and investment of new residential or commercial uses that would be more compatible with and better serve nearby residential neighborhoods or commercial corridors; and WHEREAS, the City Council finds that unless a moratorium is imposed and new zoning and development regulations are reviewed, adopted or amended, the following conditions will continue to exist to the detriment of and harm to the public health, safety and welfare: (i) The existing regulations that allow for the over-concentration of industrial buildings utilizing large volumes of trucks will significantly affect the capacity and pavement conditions of the adjacent road and street network and levels of service, causing pavement damage, increased cycle lengths at intersections and excessive delay; (ii) The existing regulations that allow for the location and development of industrial buildings in a manner which creates large-truck traffic near residential areas will discourage new residents from purchasing homes in such areas, depress property values and lead to home vacancies within those areas; (iii) The existing regulations that allow industrial buildings to be constructed with lower standards for aesthetics and environmental control, including the allowance of publically-visible dock doors, large expanses of unadorned concrete tilt-wall panels, large truck courts and trailer parking and storage areas, large amounts of water and energy usage, and the idling of diesel engines, will make the City a less desirable location for highly beneficial and desirable retail, office and lightcommercial establishments; (iv) The existing regulations that allow for trucks to park and idle overnight or for long periods will cause unnecessary air pollution and work against the region's goals for improving air quality; City of Grand Prairie Page 3 of 7

6 (v) The existing regulations that over-prioritize industrial development will discourage new investment in quality projects from investors that seek assurance that adjacent properties will be redeveloped in a coordinated manner; and (vi) The existing regulations allow for industrial buildings to use an inordinate amount of land and resources relative to their economic production by developing large buildings and paved areas for the storage of goods and trailers while employing relatively few citizens and contributing a small amount of revenue to the City relative to the physical, environmental, and fiscal impacts generated from large-truck traffic. WHEREAS, the City Council has determined that the development of commercial property that should be subject to the moratorium shall include all new, expanded or modified property development for industrial tilt-wall buildings designed to accommodate industrial uses, including the storage and movement of goods or freight by the utilization of heavy load vehicles, including warehouses, distribution centers, freight terminals, freight forwarders, fulfillment centers, on-time delivery operations, and other development that includes the utilization of heavy load vehicles, including tractor-trailers as a principal use or as an accessory use within the corporate limits of the City of Grand Prairie; and WHEREAS, that during the period of the moratorium, the City Council intends to achieve the following objectives and goals by adopting new or amended ordinances and regulations: (i) Consider strategies and initiatives to minimize the intrusion of incompatible truck-related uses into retail sectors that are designed and intended for, or that have the potential to transform into highly attractive retail areas, and identify areas currently zoned for Industrial development that lend themselves to or may be more appropriate for retail, light-commercial, mixed-use, or residential uses; and (ii) Consider strategic zoning initiatives to adjust the location and concentration of industrial zoning within the City to attract new investment in a more diversified retail and employment base; (iii) Protect homeowner investment in nearby residential neighborhoods by mitigating or eliminating the negative impacts of a large volume of trucks on adjacent streets; and (iv) Improve the image, functionality and safety of industrial buildings that will serve the needs of the industrial sector without sacrificing the larger economic, social and environmental goals of the City as a whole. WHEREAS, the Planning and Zoning Commission and the City Council, in compliance with Chapter 212, Subchapter E, of the Texas Local Government Code, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons, and in the exercise of its legislative discretion have concluded that a moratorium should be imposed on property development of any commercial property for the construction of industrial tilt-wall buildings designed to accommodate industrial uses, including the storage and movement of goods or freight by the utilization of heavy load vehicles, including warehouses, distribution centers, freight terminals, freight forwarders, fulfillment centers, on-time delivery operations, and other development that includes the utilization of heavy load vehicles, including tractor-trailers as a principal use or as an accessory use within the corporate limits of the City of Grand Prairie. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: City of Grand Prairie Page 4 of 7

7 SECTION 1. That the City Council, after conducting a public hearing and having heard evidence and testimony, has determined that the facts and recitations contained in the preamble of this ordinance are hereby found to be true and correct and are incorporated herein by reference and serve as the written findings of the City Council demonstrating that the moratorium is justified, including the identification of the harm to the public health, safety or welfare that will occur if the moratorium is not adopted, and demonstrating the need to adopt new ordinances or regulations or to amend existing ordinances of the City relating to commercial property development in the corporate limits of the City for industrial tilt-wall buildings designed to accommodate industrial uses, including the storage and movement of goods or freight by the use of heavy load vehicles. SECTION 2. That a moratorium is hereby adopted and imposed on property development, expansion, modification or improvement for any commercial property within the corporate limits of the City, with certain locational exceptions listed in Section 3, for industrial tilt-wall buildings designed to accommodate industrial uses, including the storage and movement of goods or freight by the utilization of heavy load vehicles, including warehouses, distribution centers, freight terminals, freight forwarders, fulfillment centers, on-time delivery operations, and other development that includes the utilization of heavy load vehicles, including tractor-trailers as a principal use or as an accessory use within the corporate limits of the City of Grand Prairie, and such property development or expansion or improvement shall include but not be limited to the submittal, review, consideration and approval of applications and plans for development for permits, plats, verifications, rezonings, site plans and new or revised certificates of occupancy, said moratorium to allow the Planning and Zoning Commission and the City Council to review the Comprehensive Plan, the Zoning Ordinance, the Code of Ordinances and other ordinances and regulations of the City to consider appropriate amendments, if any, to the existing regulations for commercial property development in the corporate limits of the City which pertain to industrial tilt-wall buildings designed to accommodate industrial uses, including the storage and movement of goods for freight by the utilization of heavy load vehicles, including tractortrailers, as a principal use or as an accessory use, and whether to adopt any new ordinances or regulations to regulate such uses. No new, expanded, or modified commercial business as a warehouse, distribution center, freight terminal, freight forwarder, fulfillment center, on-time delivery operation or the expansion or modification of a use that includes the utilization of heavy load vehicles, including tractor-trailers, as a principal use or as an accessory use, are to be allowed within the corporate city limits of Grand Prairie until said review is completed and the ordinances of the City are amended as necessary, or until this moratorium, including extensions, if any, shall have expired, whichever occurs first. SECTION 3. That this ordinance shall apply to the corporate limits of the City of Grand Prairie, Texas, with the following areas specifically excepted from the application of this ordinance: 1. All property within Great Southwest Industrial Park, defined as property with existing Light Industrial zoning lying north of IH-30, east of SH-360, and wholly within the boundaries of Tarrant County. 2. All property within Grand Lakes Business Park, defined as lying between Grand Lakes Way and the eastbound IH-30 frontage road. 3. All property with Wildlife Commerce Park, defined as property contained within Exhibit A of an Economic Development Agreement between the City of Grand Prairie and CHI/Investor GP, L.L.C. executed February 14, Approximately acres zoned PD-39 and located at the northwest corner of N. Belt Line Road and Wildlife Parkway. City of Grand Prairie Page 5 of 7

8 SECTION 4. That except as otherwise provided herein, after the effective date of, and extending for the duration of this moratorium (including any extensions hereto), no City employee, officer, official, agency, department, board or commission of the City shall accept for filing any application or plan for development for permits, plats, verifications, rezonings, site plans and new or revised certificates of occupancy for new, expanded or modified commercial development of property in the corporate limits of the City, with certain locational exceptions in Section 3, for industrial tilt-wall buildings designed to accommodate industrial uses, including a warehouse, distribution center, freight terminal, freight forwarder, fulfillment center, on-time delivery operation or the expansion or modification of a use that includes the utilization of heavy load vehicles, including tractor-trailers, as a principal use or as an accessory use within the corporate city limits of Grand Prairie. Any City employee, officer, official, agency, department, board or commission of the City in receipt of any such application or plan for development shall forward the same to the Director of Planning and Development Services (the "Director"), who shall review the application or plan for development to determine whether the application or plan for development is subject to this moratorium. Receipt of an application or plan for development for the limited purpose of such review shall not constitute filing or acceptance of the application or plan for development. In the event the Director determines that an application or plan for development is subject to the moratorium, the Director shall take no further action on the application or plan for development and shall reject the same, and shall return the application or plan for development to the person or entity attempting to file the same. SECTION 5. That an applicant for development of commercial property in the corporate City limits of the City for industrial tilt-wall buildings designed to accommodate industrial uses as described herein may apply for a waiver to this moratorium by submitting a written request for waiver to the City Council, which shall be voted on within ten (10) days after receipt if the request for waiver is based on reasons provided in Section of the Texas Local Government Code. The request shall be in writing and submitted to the City Secretary, who shall forward the request to the Director for processing and recommendation to the City Council. The City Council may authorize or deny the requested waiver, and if authorized, direct the applicable City official to accept a completed application and process the application subject to conditions necessary to ensure that the proposed development would not cause adverse effects to the surrounding property or the City's infrastructure and to carry out the spirit and purpose of this ordinance. The City Council should not release the applicant from the requirements of this ordinance unless the applicant first presents credible evidence from which the City Council can reasonably conclude that (1) the application of this ordinance to the applicant would be likely to deprive the applicant of rights protected by law; or (2) the proposed development is compatible with the land use in proximity to the proposed development and permitting the development to proceed would not cause adverse effects to surrounding property or the City infrastructure or be contrary to the spirit and purpose of this ordinance. SECTION 6. That the provisions of this ordinance do not apply to any new, expanded or modified development or use that is being constructed or is to be constructed pursuant to an Economic Development 380 Agreement with the City of Grand Prairie or any completed application or plan for development for a permit, plat, verification, rezoning, site plan or new or revised certificate of occupancy for any new, expanded or modified commercial development or use that was filed prior to November 2, 2018, such date being the fifth business day after the date on which the City published notice of public hearings to consider this ordinance. City of Grand Prairie Page 6 of 7

9 SECTION 7. That this ordinance shall expire upon ninety (90) days after its adoption unless extended as allowed by applicable law. SECTION 8. That for purposes of this moratorium, the terms set forth herein shall have the same meanings assigned by Chapter 212, Subchapter E, of the Texas Local Government Code, the Grand Prairie Zoning Ordinance, and the Code of Ordinances of the City of Grand Prairie, except as otherwise provided herein. "Permit" shall mean a license, certificate, approval, registration, consent, permit or other form of authorization required by law, rule, regulation, order or ordinance that a person must obtain to perform an action or initiate, continue or complete a project for which the permit is sought, including a verification, contract or agreement for construction related to, or provision of, service from a water or wastewater utility owned, operated or controlled by a regulatory agency. SECTION 9. That should any word, sentence, clause, paragraph or provision of this ordinance be held to be invalid or unconstitutional, the validity of the remaining provisions of this ordinance shall not be affected and shall remain in full force and effect. SECTION 10. That this ordinance shall take effect immediately on and after the date of passage. FIRST READING AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THE 30TH DAY OF OCTOBER, SECOND AND FINAL READING PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THE 6TH DAY OF NOVEMBER, City of Grand Prairie Page 7 of 7