A planned development district amendment for a controversial Melshire Estates development was approved by the Dallas City Council Aug. 12 in an 8-4 vote.
The planned development district amendment will allow for the construction of covered patios for houses within five feet of the alleyway in the new Melshire Park development along Forest Lane between Quincy Lane and Nuestra Drive.
Previously, zoning called for a minimum setback of 21 feet from the alleyway, with a three-foot setback allowed for garages. The Melshire Estates planned development district amendment was one of the zoning cases that a newly formed coalition of neighborhoods called D13 Together had asked to delay movement on for 120 days to allow for additional resident input opportunities. Another such case was the Preston-Royal rezoning, which was recently approved by the City Plan Commission.
The Dallas City Council had approved a controversial zoning change for the Melshire Estates development in 2021 to allow for 26 residences to be built, up from the nine single-family residences allowed by zoning prior to that.
In concessions to some neighbors who had expressed concerns about the increased density and traffic, the maximum number of stories above grade was limited to two, among other changes, and the developer at the time had agreed to larger setbacks on the homes.
The Melshire Park development remains in progress.
Some nearby residents at the Aug. 12 City Council meeting called for keeping the larger setbacks.
“The approved development included some very important protections. One of which was a 21-foot setback between the new homes and the existing homes in the neighborhood. Those setbacks were key provisions intended to lessen the impact of the development on the surrounding neighborhood. Now, after four homes have already been built, we discover that the developer violated the development plan,” Richard Brown said. “Keep the promise that was made to the neighborhood five years ago. Keep the protection of this 21-foot setback in place.”
Tommy Mann, who represented the applicant at the Aug. 12 City Council meeting, said the planned development district doesn’t have a “blanket 21-foot setback requirement. It has multiple setback requirements.”
“What we’re actually requesting here is only outdoor patios at a five-foot setback on the ground level,” Mann said. “They were permitted and they were there.”
Mann further said the patios “don’t add any density” and “none of this was done in violation.”
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