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FAR NORTH DALLAS OCTOBER 2008

LAST WORD: A Tall Order

New zoning ordinances could leave homeowners in the shadows

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People never think about zoning until something awful is being built across the street or down the block from their houses.

For many years, the City of Dallas has used a zoning code that is based on what a building is used for — residential, office, retail, etc. — rather than what a building looks like. And those uses would be separated — single family in one place, office in another, retail in yet another area.

But now the city wants to move toward form-based zoning, which is all about what a streetscape and the buildings that make it up will look like. And all of those uses could be mixed together in one area. Much more density would be allowed, and much less parking would be required. This is not necessarily a bad thing; actually, it can be quite good if done correctly. West Village and Mockingbird Station are examples of this kind of mixed-use development.

For almost two years, neighborhood representatives and development community representatives have been meeting to hammer out guidelines and policy for this new zoning and actually came to a compromise agreement on it all. No small thing! But now, city staff wants to change three crucial provisions in the compromise, the provisions that most protect neighborhoods.

The first and most important protection for neighborhoods is called a “residential proximity slope” that has been in place in Dallas for 20 years. It protects single-family homeowners from having tall buildings looming over their houses by requiring buildings to be set back three feet for each foot of a proposed building’s height. City staff wants to do away with the slope rule and instead have height maps. The problem with height maps is that they can be changed on any given Wednesday by a simple vote of the City Council, whereas the slope formula cannot.

Another provision that would protect homeowners from tall buildings right next door or across the street is called a “residential transition district” — a district of small lot single-family homes, townhouses and duplexes that would act as a buffer between existing homes and the new zoning, which could be much higher and denser. Staff doesn't want transition districts.

The third provision states that these new zoning districts are intended to encompass no less than 25 acres, to make sure that the area is large enough to be a truly walkable neighborhood so that people wouldn't have to use their cars. This is important because these form-based districts could have as much as a 50 percent reduction in the amount of parking currently required for residential, office and retail zoning uses. If these mixed-use sites get too small, parking could spill over into existing neighborhoods.

These new form-based districts are intended to be situated near transit stations, thus the parking reductions. In Far North Dallas, that means along the Cotton Belt railroad line. One example shown by city staff has a station west of Coit and north of McCallum with dense apartment development all around the station. For homeowners in that area, it’s critical that the protections of residential proximity slope, residential transition district and area size be put in place now.

Actually, it's critical for all homeowners because these new form-based districts might be allowed anywhere in the city if the council so desires.

The City Council is going to vote on policies for form-based zoning in October. The message we need to send to council members is: "Don't change the compromise."

Right now it's a good compromise that contains important protections for neighborhoods. We can’t afford to lose those.

Advocate