December looks to be a busy month for area planning and zoning issues, as a number of interesting cases are surfacing. Among the most notable:
• The Plan Commission heard a Nov. 12 request to amend the Munger Place Historic District Planned Development, allowing a non-conforming car wash at 5003 Reiger to become conforming. The property currently is limited to single-family use.
The amendment, which would have the practical effect of changing the property’s underlying zoning, came after the Munger Place Historic District Association filed a termination case on the car wash with the City’s Board of Adjustment. The Board is holding the case under advisement until Jan. 26 to allow the property owners to become conforming. But the neighborhood association adamantly opposes the change.
Neighbors cite complaints about noise, traffic and general incompatibility with the residential character of the Historic District in opposing the amendment. City staff also recommended that the application be denied.
But after hearing heated discussion of the issue, the Plan Commission voted 12-2 to approve the car wash’s application, making the Board of Adjustment case moot.
Both neighborhood and property owner lobbying efforts are under way, however in anticipation of the City Council’s review of the case, probably in January.
Because the neighborhood has obtained more than 20 percent opposition to the amendment in the area immediately surrounding the car wash, 12 of 15 Council votes are required to approve the amendment.
This situation has been made very difficult by what appears to be a complete breakdown in communications between the property owners and neighborhood residents.
We’ll update you as new information becomes available.
• Last month, you may recall, the Plan Commission became embroiled in controversy when it approved a non-conforming metal roof in the Hollywood/Santa Monica Conservation District – despite staff and neighborhood sentiment.
Now, in the second such case to come before the Plan Commission, another area homeowner is appealing a Planning Department decision regarding a “non-conforming” asphalt driveway installed in apparent violation of the Conservation District guidelines.
In the previous case, the homeowner argued she didn’t know about the guidelines; similar arguments are expected in this case.
What remains to be seen is whether the Plan Commission can be convinced to make the Conservation District guidelines stick so that affected property owners will take the guidelines seriously, or whether the granting of a second variance will render the Conservation District less effective in meeting its purpose.
We’ll have an update in the January issue.
• The Plan Commission has authorized a public hearing (to be scheduled in several weeks) to consider amending Plan Development District 362 to allow a Group Residential facility at 1006 Grigsby.
The District, which was adopted in January after two years of lobbying by the neighborhood, includes both sides of Gaston Avenue between Fitzhugh and Carroll.
The public hearing will involve what once was a two-story dilapidated house located one block south of Swiss that has been renovated to serve as a home for 12 boys, ages 11-15, as well as an administrator and four counselors.
The facility is designed to provide a stable home for what the legal system refers to as “adjudicated youth”. City staff terms the proposed use a “locked transitional facility”; the District must be amended to allow the use.
Although the facility appears to offer a positive environment for troubled teenagers, the neighborhood is likely to be concerned about altering the District so soon after its formation.
Debate is likely to be complicated by the social and demographic implications of the facility’s potential clients.
Look for updates in upcoming issues.
• A coalition of six neighborhood organizations is working to solve problems caused by honky-tonks, liquor stores and similar uses along the south side of Samuell Boulevard from East Grand to White Rock Creek.
Neighborhoods involved include Lakeland Hills, Gastonwood-Coronado, Mt. Auburn, Hollywood/Santa Monica, Owenwood and Buckner Terrace.
Because of the peculiarities of Dallas’ wet and dry liquor-area boundaries, a concentration of less-than-upscale, liquor-related uses are concentrated along Samuell.
The surrounding neighborhoods are increasingly concerned that these establishments appear to attract criminal and nuisance activity of various types.
Group leaders have begun meeting with representatives of the Dallas Police Department and the Park Department, as well as the district’s Plan Commissioner.
Among the ideas being considered are self-policing by merchants, pressure from other area businesses, better code enforcement and the possible application of a dry overlay district to weed out the worst uses.
