At long last, it appears the East Dallas dry overlay district, or “D-1” designation, is prepared to go forward. The City Plan Commission was briefed on the proposal March 26, with action scheduled April 2.
The proposed dry overlay district area has been substantially reduced, apparently based upon lengthy negotiations with area businesses and neighborhood associations. The proposal calls for the overlay to be applied to zoning districts that permit the sale of alcohol in an area roughly bounded by Fitzhugh, San Jacinto, Peak and the Santa Fe railroad tracks.
The proposed district would make businesses selling alcohol within this area “non-conforming,” meaning they would need to obtain a specific use permit or be subject to possible termination by the City’s Board of Adjustment.
The district originally was proposed as a tool to control crime and violence associated with renegade establishments rather than as a tool to “terminate” liquor-related businesses that are “good neighbors”. But support for the district remains tenuous.
A strong lobbying effort by supporters will likely be necessary at both the Plan Commission and the City Council. City planners Jim Prince and Steve Long are handling the issue for the City.
THE TERMINATOR: City staff plans to propose changes to current termination procedures followed by the Board of Adjustment; the changes will be proposed to the Zoning Ordinance Advisory Committee April 13.
The otherwise obscure process should be closely watched by neighborhood groups, because the termination proceedings are used to eliminate non-conforming zoning uses. For example, numerous termination cases are pending concerning alcohol-related businesses in South Dallas and near Fair Park.
If the East Dallas dry overlay district passes, this process will be used to enforce it.
We’ll keep you abreast of developments as they occur. Contact City planner Ray Couch for more information.
LONG LIVE THE KING: The Burger King restaurant at Fisher Road and Abrams just south of Northwest Highway recently discovered that its building is non-conforming. Current zoning on the property is NS (A), or “neighborhood service,” which does not permit a drive-through restaurant.
The Plan Commission March 26 agreed to call a public hearing concerning a zoning change to CR (community retail), which would permit a drive-through.
Because Burger King appears to have been a “good neighbor” and is located in a high-traffic commercial area, it is likely that the Plan Commission will approve the zoning change unless significant neighborhood opposition develops.
TREE ORDINANCE PROPOSED: On April 13, the Zoning Ordinance Advisory Committee will review the latest City tree preservation ordinance proposal. Other cities, most notably Austin, have adopted similar ordinances to protect and preserve large, existing trees.
This issue directly affects East Dallas and Lakewood, because our neighborhoods are fortunate to have large numbers of trees.
Tree preservation ordinances typically provide penalties for removing or destroying existing trees. For example, Austin’s ordinance makes unpermitted removal of an existing tree a Class C misdemeanor, enforceable in municipal court with a fine.
Of course, as with any planning issue, there’s another side to the argument: Many architects and developers contend that working around existing trees adds to the difficulty and expense of growth and development, particularly when landscaping ordinances call for more trees to be planted anyway.
The tree preservation ordinance is likely to be fairly controversial, considering the economic and environmental issues at stake. We’ll keep you informed about developments.
