Why should this process start over?
The Texas Enabling Act Prohibits What Happened in the Draft Ordinance.
The Draft Ordinance violates the Texas Enabling Act, which states you can’t treat similar buildings differently within a CD. I.e., a Tudor on Avalon cannot be treated differently than a Tudor on Westlake.
The Process Was Illegal.
You can see from the graphic below that the City and Neighborhood Committee followed a mash-up of Expansion and New CD procedures:
SO, WHAT WE HAVE IS A NEW CD, NOT AN EXPANSION. THE GIVEAWAY IS A CHANGE IN THE BLANKET OF RULES.
But the CIty and the Neighborhood Committee didn’t follow the process for a New CD.
How important is the proper process for establishing a New CD with a new blanket of rules?
It’s crucial. Look at the protections afforded by the correct process used in Winnetka Heights. You can see that the steps that Lakewood’s process skipped allowed a small group (the Neighborhood Committee) to hijack the Expansion.
The Takeaway:
Letting this process move forward by negotiating a middle ground set a dangerous precedent for every homeowner in Dallas.
Starting with appropriate boundaries, an accurate survey, and an intent to conserve, not convert, should make the process relatively easy for blocks with an interest.
Related Content
Architectural Styles in the Draft Ordinance