In Spite of Neighborhood Opposition, Council Approves Contentious Higher-Density Housing in Melshire Estates
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I have been to many a neighborhood meeting on rezoning and housing, and 99 percent of the time homeowners are not happy. After all, when you have half a million dollars or more invested in your home — and when you pay double-digit annual property tax rates — you guard your investment like Fort Knox.
The “The Friends of Forest Lane” community meeting I attended on August 31 at ED Walker Middle School was one of the most contentious homeowner meetings I have ever attended. The auditorium was filled with approximately 250 people — so many it was hard to social distance. (I recorded the meeting if you don’t believe me.)
There were boos, hisses, and there was shouting. The audience appeared to send their HOA Board president, Linda Vallala, out the door. They complained their speakers did not get enough time. It was baptism by fire for newly elected councilwoman Gay Donnell Willis, who tried to keep order and dodged many a barb. “You said you wanted to represent homeowners when you campaigned,” one person shouted. “You don’t care about us, you care more about the developers.”
That’s why I was aghast that the Dallas Morning News would write an editorial calling this neighborhood NIMBYs. (I wonder if they even had an editor at the meeting.) In case you didn’t see it: “NIMBY on Forest Lane: Dallas has to reject anti-growth posture“:
As so often happens in established areas, there is considerable opposition here. Worries about traffic, privacy and the other usual bugaboos are being raised.
Looking at the plans for this development, we think neighbors should instead welcome it. The site has plenty of room to accommodate these homes. The city will benefit both from the land sale and from the taxes the new homes will add to the pot. A fallow piece of property will be returned to productive use. And families who want to live in the area will have additional choices for homes.
Is it perfect? It is not. The likely prices of the homes reflect an economic reality that is pushing the middle class out of the city. But a single development cannot reverse the economic forces that created this market. What can reverse it, over time, is increased housing supply. We need more places for people to live who want to live in Dallas.
The development has no overall design specifications or requirements, so whatever is built will be a hodge podge of zero-lot-line homes, another concern voiced at the meeting.
Usually, I am pro-development because we need to grow, not stagnate. But the 3.5 acres on Forest Lane are unique. The council vote is also a bellwether of how our new Dallas City Council will try to shape Dallas and neighborhoods going forward.
New council members gave lip service to neighborhoods while campaigning. We will see how serious they were. The crowd at ED Walker believed Willis was siding with the developer. However, Willis insisted she was learning the ropes of a case she inherited. Some homeowners even accused her of relying on the developer’s Winstead attorney more than the city’s.
This is also insight into how the city mismanages real estate deals because the proposed development walks all over the area’s deed restrictions, which have to be enforced privately. In fact, one attorney homeowner told me the deal may not even close if a title company believes the deed restrictions are strong enough to invite lawsuits.
A Contentious History
This site has been dormant for at least 10 years. In 1962, a Korean Church was built on the plat. However, the church moved to Plano in 2010. Using bond funds, the City of Dallas bought the parcel for $3.6 million ($2.6 million for acquisition, $360,000 for a library design, $76,610 to demo the church, about $100,000 for land testing) to construct a new neighborhood library. But because the city lacked the funds for construction, and with the neighborhood’s blessing, funds from the bond package were diverted to a new library at Vickery Meadow. Because it is such a charming and beloved library, the neighborhood decided to improve and expand the Preston Royal library about a mile away with funds used from the sale of this property.
Former City Councilwoman Jennifer Staubach Gates also explored other uses for the property. The neighborhood shot down plans for a dog park lickety-split during another contentious meeting. I recall speaking with her about this proposal and other land uses back in 2018. Gates even looked at building a neighborhood farmers market, which city zoning precluded.
The property went out for auction first in January of 2019, and the minimum bid was not met. Different real estate market, of course. In May 2019, however, the 3.5-acre parcel was sold (pending zoning change). The winning company, Eglington Development, paid $3,850,000 or a little over a million an acre.
Higher-Density Housing on a Busy Road
Forest Park Development is requesting a zoning change to build 26 single-family residences from 2,800 – 3,100 square feet in size and two- or three-stories tall with a $1 million to 1.2 million price tag. The community will be gated with access at Nuestra, Quincy, and Forest Lane. Originally, the developer requested 33 zero-lot-line homes and says he made multiple revisions and concessions to the neighborhood in three separate meetings.
The developer claims that the parcel has been out for bid once before where no one wanted it, and because of its location on a busy intersection, the property is well suited to higher-density housing.
Because of the private deed restrictions on the property, multiple homeowners are threatening to sue the city should the zoning change be approved.
Many Realtors Involved on Both Sides
Linda Vallala, president of the Melshire Estates Home Owners Association board, is an agent with Ebby Halliday. Janelle Alcantara is an agent, as is Pogir, both with Briggs Freeman Sotheby’s International Realty. Alcantara and Pogir both spoke at the Dallas City Council meeting in opposition to the zoning change.
The city, too, was split: the Dallas Plan Commission recommended approval, subject to revisions. But city staff recommended denial.
“The applicant has proposed a shared access development that proposes lot sizes that are only about 29% of the lot size requirements of the existing R-16(A) Single Family District for the site and the adjacent properties,” city staff notes. “R-16(A) lot size requirement is 16,000 square feet, while the applicant proposes to develop lots that are minimum 4,600 square feet. Since the site is surrounded by single-family homes with a minimum 16,000 sq. ft lots, Staff does not believe this request is compatible with the surrounding neighborhoods.”
Against the wishes of her constituents, Councilwoman Willis supported the zoning change.
And the majority of the Dallas City Council voted with her. Her reasoning: the development is the best solution for the property, not market-rate multi-million dollar homes as Pogir suggested when he spoke. One of the highest sales in the area at $424 per square foot took place on a lot adjacent to this parcel, he pointed out: each lot could potentially sell and produce a $1.5 to at least $2 million property.
Council members were being prudent. If they let this opportunity go, said others around the horseshoe, Lord knows what will happen on that lot — likely something worse than a smattering of million-dollar, zero-lot-line homes. And as other council members pointed out, the property has already flopped on the market.
Of course, some speakers want to get those library funds moving. Without the rezoning, the sale of the lot will not happen or be delayed. Without the sale, the Preston Royal Dallas Public Library cannot be improved and expanded.
Still, 95 percent of the neighboring Melshire Estates residents voiced their opposition to the matter.
At 5:20 p.m., Dallas City Council voted 13-2 in favor of the zoning change.
The action permitted the sale to proceed. Council members Cara Mendelsohn and Jaynie Schultz voted against it. Mendelsohn said she believes it’s important to listen to neighborhoods. Schultz laid out her reasoning in a thoughtful, two-out-of-three-strikes litmus test, knowing full well how opposed the neighborhood was to this rezoning. But she ended with a somewhat stern warning, indicating this may be the very best deal possible: “Be careful what you wish for.”
Update: The neighborhood now has 408 signatures on it’s website, Friends of Forest Lane
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They should have gone with the dog park.
These are the tough cases. Smaller lots is where the market is and likely to stay for a while. If the Federal Government gets its way single family zoning will be a thing of the past in which case multi-family could go on that property. In a way this imperfect solution may protect the neighbors from something less palatable.
And if you think they would never do away with single family zoning both Oregon and Minneapolis have eliminated most or all single family. The feds want to link the death of single family to federal housing funds.
Councilmember Mendelsohn’s comments in this case were especially baffling. Just a few months ago, she commended former Councilmember David Blewett for his “bravery” in ignoring the wishes of the Turtle Creek Neighborhood and awarding Lincoln Property Company a massive upzoning worth in excess of $20 million without any meaningful neighborhood concessions. All of this was in violation of the Oak Lawn Plan, the Comprehensive Plan, the Affordable Housing Policy and the recently passed Comprehensive Environmental Climate Action Plan– not only did Councilmember not care about the neighborhoods in that case, she cheered Blewett on as he ignored his own constituents.
Of course, Blewett was tossed out of office shortly thereafter- good riddance!
Amen!
There is nothing in the Oak Lawn Plan, the Comprehensive Plan, the Affordable Housing Policy and the recently passed Comprehensive Environmental Climate Action Plan that would preclude or even restrict the re-zoning of the property on Carlisle. Most of the opposition came from the newer townhome development across Carlisle, which was built on land previously occupied by an apartment complex much like the condominiums being sold. The dilapidated condominiums will be replaced by a new mid-rise apartment complex that was significantly changed due to neighborhood input. Dallas needs more housing and every new, more efficient dwelling helps. The Katy Trail location is more than appropriate for high-rises, simply look across the creek.
The ironic thing about this case is that the average price of the proposed homes in the new development would actually EXCEED the current value of a substantial percentage of the homes which currently exist in Melshire Estates, many of which are aging and in need of substantial remodeling.
This project is actually going to elevate the quality of the neighborhood.
The most recent sale abuts to the property is $2.5MM. The value of the average property in this neighborhood is $1.4MM. Those are on 1/3 acre lots. How much will a 3000 SF home sell for on a 3900 SF lot? One that has a front yard that’s 5 feet deep? These are Zero lot-line houses with hardly any windows and no parking. They’ll sell for $575k and/or be leased by people that have no desire to open a window. That is IF they are ever even built at all. The deed restrictions prevent this kind of housing, and deed restrictions supersede the zoning. My bet is that this property sits vacant for another 10 years tied up in litigation. Thank you Dallas City Council… your leadership and guidance has been…. remarkable?!?
I’ve been watching Downtown creep toward me (I live in Uptown) for several years and I feel the same pain well-described in this article. Time after time Blewett voted down neighbors and gave us more density, we are past the breaking point on what the streets and parking lots can handle. The other thing is the new housing is never affordable. In my neighborhood we always get fancy, expensive apartments with relatively low level give-backs of “affordable units”. So in this case on Forrest Lance you’re getting a high density development but each home has a $!M + price tag? Who will choose 3-story townhouse living over single family living available at the same price? I suppose with our housing shortage, people will buy it. Dallas dirt is too expensive to rebuild to the same scale (the ability to buy the dirt + stay the same scale/density is cost-prohibitive) . We have no money to develop the infrastructure to handle the density. I think developers are going to have to start building in some infrastructure costs into their developments (??) Something has to give. Our property taxes are too high, inventory is too tight, we need more housing, it doesn’t fit anywhere. Preaching to choir.
@Brenda K, honestly there IS a shortage of low maintenance homes in our neighborhood. My next door neighbors have been in Preston Royal for 30+ years and are dying to get rid of their .4 acre lot & all the associated tree/ pool/ etc maintenance, but they don’t want to move far from their lifelong friends or their grandkids. They’ve been stalking the gated homes at Forest & Hillcrest for like a year with no success.
I can’t imagine it being difficult to find 25 more empty nest couples like them to jump on the chance to buy a zero lot home in that location! Or dual professional couples without kids or a single parent who doesn’t want yard maintenance but wants to be close to Hockaday / Lamplighter/ Jesuit, etc.
It’s a totally different buyer than the person or family who wants 1/3-1/2 acre, 100 year old oak trees, a 6000sf new home to clean & furnish or a 3000sf old home to maintain & update.
Developers are definitely paying for infrastructure costs. They call them “off-site” expenses. City of Dallas will likely require the developer to pay for upgrades to surrounding streets/curbs/gutters & water/sewer lines as a part of this development.
Problem with the City of Dallas: if not written into the contract, it doesn’t happen.
I live in the adjacent neighborhood to the south of Forest and am so, so sick of driving by that empty lot. It looks blighted in our otherwise very nice neighborhood.
Dog park would have been the best solution, IMO, but I cannot get past the sheer closemindness of neighbors who are protesting 26 homes that will be in the $800k-$1M+ range. Jeez, beautiful brand new gated community or blighted, empty lot? Come on neighbors. It’s been been more than 10 years – this is BY FAR the best possible outcome. And will likely increase the value of many of the original Melshire homes.
Hello DGirl715….. I believe you are referring to me and my neighbors as “close minded”. Let’s make sure we’re clear. We were fine with the church, we’ve been “tolerant” about the dumping ground that it’s become. We were ecstatic about the library. We’ve planted our own trees on that lot. In fact, I hired a plumber to install an irrigation line out there to water all the trees behind our house. We welcomed the alternative plans for a farmers market and pocket park. We supported the auction bidders that wanted to build a synagogue there. We LOVE the 3 builders that have offered to build 8 single family homes valued at $2MM each. We thought the guy that wanted to build the senior living center there- disguised as single family homes -was brilliant! We were willing to double the intended density from 8 lots to 16, then offered up our a plan for 19 houses in an effort to compromise with the current developer. What’s getting crammed down our throats is 26 houses. Butted up to our alley, so close that they’ll be able to see what I’m wearing when I’m on my living room sofa (or in my bed). Am I closed minded if I find that unacceptable?
I sold my condo and purchased this home for the same reason you did, to enjoy creating a home for my family. We’ve renovated our house, installed a pool and a cabana in our yard. I should not be asked to sacrifice all that I’ve created so that you don’t have to look at a dumpy parking lot for the 20 seconds it takes you to drive by it. Once you pull into your garage, do you think about it? How about when you wake up in the morning? Do you ever run to the kitchen in your underwear to grab a cup of coffee and wonder what it will be like when there are 6 townhomes that have security cameras mounted on the back of their garages that are all aimed directly at your windows? I do. I’ve worried about it since November of last year when the City of Dallas began to indicate that they could throw out the zoning ordinances that apply to everyone else in the city, for their own personal benefit. The zoning ordinances protect us and our property- just like they’re supposed to protect yours. So the next time that you get “so so sick” of driving by that empty lot, try being “open minded” enough to understand why 95% of the people in this area have rejected this project. Not development, just THIS development. Have a little compassion, and maybe you’ll be enlightened with the open mindedness that you speak of. Apologies welcomed.
What are the deed restrictions?
Lost time Dallasites are the bane of our overall slow, hodgepodge directory and Im sorry, you can complain, but your say doesn’t matter for the future owners. and the future of the city. its cliche they would complain bc that’s what they do. im sorry, that era is over. there will be high density great people bringing uses to all lands and old stuff will get uprooted if its not gorgeous. Plano’s growth at Dallas’s cost is bc of these people. good riddance. And NO, whats best for the city and the future trumps what 30 year landowners who can’t handle evolution care. go to Plano or Oklahoma.
Long*
Beautifully said Janelle. Too many people are quick to judge when they have no skin in the game.
Long and trajectory…omg autocorrect**. lol. sorry
Sorry Hussain, your good riddance for those who choose to leaves shows your lack of cultural preferences. The 30 year homeowners are the ones that made Dallas desirable to attract the multitudes, which are the same ones that want to change it. Go figure,