Plan Commission Approves Zoning Change, Allows Veterans to Stay in South Polk Group Home

Formerly homeless veterans have been living in a nine-unit group home complex in North Oak Cliff for eight years, but there’s a problem: the home isn’t zoned for such a use. 

Dallas City Plan Commissioners on Thursday sought a compromise with the home’s operator, Phillip Mitchell, who offered to deed-restrict the property so it can’t be increased in height and would remain in operation as a group home. 

The matter still has to go before the Dallas City Council and through a permitting process.

Dallas City Hall staff recommended denial of the proposed group home exception, and the CPC voted 9-3 to approve a zoning change to multifamily with deed restrictions including a height not to exceed 30 feet. 

Commissioner Amanda Popken, who represents the area, said this is an unusual situation. 

“I want to be clear that we’re not in the business of approving illegal uses after the fact,” she said. “In [the West Oak Cliff Area Plan or WOCAP] we heard loud and clear that we want to support small mom-and-pop local businesses that are serving locals. This is an example of a good operator providing a necessary service that fits into this particular location. We’re in the business of helping neighbors get into compliance and stay in operation.”

Mitchell said he applied for multifamily zoning after Code Enforcement identified the complex — which includes nine dwelling units with individual kitchens and entrances — as non-compliant. The site is on the east side of South Polk Street between Cascade Avenue and Elmhurst Place surrounded by single-family neighborhoods, commissioners said. 

It’s between the Polk/Vernon and Elmwood neighborhoods. Some neighbors have expressed concerns about the property; others say they’re excellent neighbors, Popken said. 

“Through our WOCAP process, we found that the neighbors are really sensitive to adding any height and density in terms of [multifamily] zoning in the neighborhoods,” she said. 

City Plan Commission Debate

Commissioner Michael Jung said he felt compassion for the tenants of the complex. 

“My heart tells me to support the motion, and my head tells me I can’t get there,” he said. 

Mitchell said if the tenants were evicted, they would become homeless again. 

“What we have is a place for homeless veterans over 65 who have served our country,” Mitchell said. “Most of them have [post-traumatic stress disorder],” he added. “We take care of them.”

Commissioner Melissa Kingston said if it were a new proposition, she would have trouble supporting it, but it’s already been in operation and isn’t causing a major problem that she’s aware of. 

“As an existing use and knowing the history of the development of this community … I have a hard time shutting down a business that is addressing a very critical need in our community,” she said. “We do have a housing crisis.”

Commissioner Darrell Herbert said veterans are essential to the community. 

“They hold wisdom, they hold knowledge, that is key to the future of our city,” he said. 

Housing for Homeless Veterans

Commissioner Tipton Housewright said the zoning runs with the land, not with the business. 

“It seems to me we’re opening ourselves up to another operator unforeseen in the future that would not do the job that our current applicant is doing,” he said. “I think that is a risk to this neighborhood that I’m not sure I’m willing to promote.” 

While a duplex or fourplex could be considered differently, a “nine-plex” is a matter of degree and has implications related to parking and landscaping, commissioners said. 

Housewright, Jung, and Deborah Carpenter voted against the proposal. 

“The deed restriction to group residential facility obviously does not restrict the property to this operator or to this particular category of group residential facility,” Jung said. “Group residential facility is essentially a single-room occupancy type of use, colloquially called a flophouse, that I regard as inappropriate for this single-family neighborhood. I note the opposition to this request from the property owner immediately to the north as well as from two property owners further south on Polk Street. I am not satisfied that this solution is a workable solution.” 

Kingston said those voting against it weren’t offering an alternative housing solution for the veterans who would become homeless.

“We chase our tails around here trying to eke out a little bit of affordable housing … hoping one day we’ll catch the 80,000 affordable units we need,” she said. “We’ve got an opportunity to have a group facility, which we always need. They have to go somewhere. This is a good location for it. It’s much closer to the [Veterans Administration] than other places. Even though it’s in a single-family area, all these types of institutional uses that are necessary for our society to exist … have to go somewhere. We cannot continue to say, ‘But not in my neighborhood.’”