Dallas BA Monitoring Local Ordinance Changes
The Dallas Builders Association continues to monitor and weigh in on local ordinance changes. The effort, always ongoing, is to help avoid delays, needless cost increases, and to advocate that ordinances be drafted within statutory guidelines.
The City of Dallas is currently discussing amendments to the municipality’s park land dedication and fee-in-lieu ordinance. The update comes, in part, due to state law that resulted from HB 1526 during the 88th Texas Legislature. The statute applies to only five municipalities in Texas, due to population language. It requires land dedications, fee assessments, or the combination of both, to be derived by either a calculation based upon a formula that utilizes appraisal districts land values and development dwelling units, or a flat per unit cost that does not exceed 2% of the median family income (AMFI).
The final legislation was focused on multifamily, hotel, and motel uses. Single-family was written out of the bill and, due to definitions in the statute that trigger the ability to use one of the abovementioned calculations, the statute does not have the effect of removing the need to show “proportionality” for single-family assessment as required by a history of Supreme Court and subsequent court decisions.
Dallas has proposed using the AMFI, and now it is a matter of what percentage of the AMFI they settle on. The city has shown a concern regarding housing affordability during these discussions. Dallas BA will continue to monitor and weigh in.
In Celina, the City Council will soon hold a hearing related to amendments to the municipality’s architectural amendments. Dallas BA has weighed in with the city’s Planning and Zoning Commission. Dallas BA’s focus is protecting the property owner’s right to choose materials, which is also the focus of state law.
Chapter 3000 of the Texas Government Code includes provisions that prohibit regulations that restrict, directly or indirectly, products and aesthetic methods otherwise approved for use in the last three cycles of national model building codes. The statute protects market choice.
Members with questions can contact the Association’s Director of Government Affairs.