‘It is what it is.’ How city code and state law may allow a five-story apartment over Oak Cliff homes.

The City Plan Commission voted to remove deed restrictions on undeveloped land along West Davis Street in Oak Cliff on Thursday, potentially allowing the construction of a five-story mixed-use multifamily development in an area surrounded by single-family homes if approved by Dallas City Council.

The zoning case has been a long-standing, contentious issue with neighbors, having been proposed and rejected nearly a decade ago. The case has enflamed ongoing concerns over North Oak Cliff’s gentrification and is now being impacted by a new state law that pushes for more multifamily housing.

The lot, which has been vacant for at least two decades, is subject to a deed restriction from the 1970s, when it was a plating shop. The restriction requires that a section of the land be used for a warehouse, loading dock, office and parking lot, and that the structure be no more than one story tall.

In 2010, Planned Development District 830 dramatically changed zoning in North Oak Cliff, enabling the construction of five-story mixed-use and multifamily buildings that have since become common in the area. PD 830 has become a contentious zoning issue among nearby single-family homeowners, Bishop Arts property owners, city preservationists, and housing developers. In 2017, Heritage Oak Cliff spearheaded a failed attempt to limit building heights.

Oak Cliff resident and architect Rick Garza purchased the empty patch of grass along West Davis in 2008 and then served as chair of the steering committee for a land-use study that led to PD 830. Despite the zoning change, the lot is still subject to the deed restrictions, which contradict PD 830’s allowed uses.

In 2019, Garza submitted a zoning application to terminate the deed restrictions and develop the five-story apartment. The City Plan Commission denied the request, citing concerns that the building’s height and density could hurt the nearby Kidd Springs neighborhood.

The request to terminate the restrictions was proposed again on March 5, but this time, a new state law may allow the change to proceed without the city’s ability to limit the height.

Senate Bill 840, which became law in September, requires cities like Dallas to allow multifamily and mixed-use residential development in a variety of zoning areas. The law also limits the city’s authority to regulate certain aspects of these developments, requiring a minimum height of 45 feet (typically 4-5 stories) and no maximum density limits.

Essentially, the deed restriction only allows for specific, limited development on the land, and PD 830 and the deed restriction contradict each other, hence the empty lot. If the restriction is removed, the owner can (and intends to) build a multi-story apartment over the nearby neighborhood, and SB 840 prohibits the city from adding any height restrictions.

At the March meeting, a representative for Garza offered a site plan of the design and said he would be intentional about making his development fit the surrounding area, having a pitched roof and “residential feel” on the side facing the neighborhood. However, as noted by commissioners, once the deed restriction is lifted, there are few guarantees. Garza also offered a self-imposed deed restriction to build an open green space on 10% of the land.

The commissioners said they received multiple letters of support for the project, but they also had multiple speakers in opposition.

Residents against the development asked CPC to hold the item for more discussion, but commissioners said there were few things to discuss that could meaningfully mitigate the issue.

“It is what it is,” District 14 Commissioner Melissa Kingston said. “We don’t have the ability to downzone this property.”

District 10 Commissioner Tipton Housewright said the argument against lifting the deed restrictions was problematic and indicative of the barriers the commission faces in solving the city’s housing crisis.

“This is not an upzoning, and the conversation around this horseshoe is the kind of conversation I’m accustomed to when there is an upzoning and an applicant is asking for more than is available to him. Today, he’s simply asking for access to the existing zoning,” he said. “To hold up access to existing zoning rights, it just seems like a very blatant tactic to prevent development. This is one reason why we don’t have enough housing in this city.”

The commission voted 12-2 to approve the removal, with District 4 Commissioner Thomas Forsyth and District 11 Commissioner Jack Kocks as the “no” votes.

“Unfortunately, the Texas Legislature let you down,” Kocks said. “They passed SB 840, which ties the hands of communities and municipalities like Dallas, TX, and unfortunately, your city let you down because they have a code that, in many instances, does not restrict the height of a development in this city. And to me, that is absurd, and it needs to change.”

The item is not included in the city council’s March 25 draft meeting agenda. The next city council meeting where the item could be considered is on April 8.

Watch the 3/5 meeting here.

About the City Plan Commission:

The Dallas City Plan Commission is responsible for making recommendations to the city council regarding planning and zoning matters. It consists of 15 city council- and mayor-appointed members.

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