Dallas City Commission Approves 5-Story Apartment Over Oak Cliff Homes

New state law limits city's ability to restrict height and density of development

Mar. 13, 2026 at 7:45pm

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The Dallas City Plan Commission voted 12-2 to remove deed restrictions on a vacant lot in the Oak Cliff neighborhood, potentially allowing the construction of a five-story mixed-use apartment building despite opposition from nearby single-family homeowners. The decision was influenced by a new state law that limits the city's authority to regulate certain aspects of multifamily and mixed-use developments, including requiring a minimum height of 45 feet and no maximum density limits.

Why it matters

This case highlights the tensions between preserving the character of established single-family neighborhoods and meeting the city's need for more housing through denser, taller developments. The decision also reflects the impact of recent state legislation that aims to spur more multifamily construction, even when it conflicts with local zoning and community preferences.

The details

The vacant lot along West Davis Street has been subject to a deed restriction since the 1970s that limits development to a one-story warehouse, office and parking facility. However, the city's 2010 Planned Development District 830 rezoning enabled five-story mixed-use buildings in the area. The property owner, architect Rick Garza, submitted an application to terminate the deed restriction and build a five-story apartment, which the City Plan Commission initially denied in 2019 due to concerns over height and density. But the recent passage of Texas Senate Bill 840 requires cities to allow multifamily developments of at least 45 feet in height, limiting the city's ability to impose further restrictions.

  • The City Plan Commission voted on the zoning case on March 5, 2026.
  • The Texas Legislature passed Senate Bill 840 in September 2025.

The players

Rick Garza

An Oak Cliff resident and architect who purchased the vacant lot in 2008 and served as chair of the steering committee for a land-use study that led to the 2010 zoning changes in the area.

Melissa Kingston

A District 14 commissioner on the Dallas City Plan Commission who said "It is what it is" regarding the city's limited ability to deny the development under the new state law.

Tipton Housewright

A District 10 commissioner on the Dallas City Plan Commission who argued that holding up access to existing zoning rights is a "blatant tactic to prevent development" and indicative of the barriers the commission faces in solving the city's housing crisis.

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What they’re saying

“This is not an upzoning, and the conversation around this horseshoe is the kind of conversation I'm accustomed to when there is an upzoning and an applicant is asking for more than is available to him. Today, he's simply asking for access to the existing zoning.”

— Tipton Housewright, District 10 Commissioner, Dallas City Plan Commission (dallasfreepress.com)

“Unfortunately, the Texas Legislature let you down. They passed SB 840, which ties the hands of communities and municipalities like Dallas, TX, and unfortunately, your city let you down because they have a code that, in many instances, does not restrict the height of a development in this city. And to me, that is absurd, and it needs to change.”

— Jack Kocks, District 11 Commissioner, Dallas City Plan Commission (dallasfreepress.com)

What’s next

The zoning case will next be considered by the Dallas City Council at their April 8, 2026 meeting.

The takeaway

This case highlights the ongoing tensions in Dallas between preserving the character of established single-family neighborhoods and meeting the city's need for more housing through denser, taller developments. The recent state legislation limiting local control over multifamily projects has further complicated these debates, raising questions about the appropriate balance between community input and broader housing policy goals.