Richardson City Council passes Neighborhood Development Overlay ordinance

by Andrew Laska of Richardson Echo

Back in December, the Richardson City Council passed the long awaited Neighborhood Development Overlay ordinance. This ordinance will allow individual neighborhoods to restrict or in some cases loosen certain development characteristics of their neighborhood. Under this neighborhood driven plan, a neighborhood can initiate a process by which they can vote (by petition) to change setbacks and height limitations within a neighborhood. The ordinance was first discussed about 14 months ago and it passed unanimously.

The ordinance is modeled on a Dallas ordinance but modifications were made to avoid some of the criticisms of the Dallas ordinance. One such criticism involves the notification of homeowners of meetings where the proposed standards are discussed and debated with the help of a neighborhood committee. The Richardson ordinance requires more formal notification of such meetings.

The purpose of the ordinance as stated by the City is to “encourage compatible development/redevelopment in established residential neighborhoods without preventing new construction, renovation, remodeling, repair and expansion.” Also the intention is to “preserve the character, stability, and integrity of the neighborhood.”

An overlay, in this case, means that a change in zoning for a particular area wherein the setbacks from streets, rear alleys or side yards, lot coverage and height of new construction can differ from the zoning category of the actual land. For example, a particular residential zoning category for a group of homes might have a current front setback (i.e. distance from the street) requirement of no less than 35 feet but the residents could enact an overlay to limit that to 40 feet. In older neighborhoods, actual setbacks for existing homes may be greater than current setbacks, and some neighbors fear that should Richardson begin to experience “teardowns” like much of Dallas has experienced, then newer home will be out of character for these neighborhoods.

The process would require seven steps and this process would be citizen initiated. First a neighborhood committee would be formed and register with the city. Next the committee would calculate median measurements for the measurements they might want to regulate. The City would then verify these median measurements. The committee would then develop a proposal for the neighborhood. The neighborhood would then hold a public meeting to discuss the proposal. Then the committee would petition the residents for their acceptance of the proposal. Lastly, if enough residents approve it, then the proposal would need to be reviewed by the City Plan Commission and the City Council. The petition would require a 70% approval from residents.

The ordinance allows for residents to propose more restrictive requirements for some items and less restrictive for other items. For example, residents could propose to make front setbacks more restrictive but make rear setbacks less restrictive.

In addition, architectural characteristics could be controlled via a “pattern book” which would state which architectural styles are appropriate in the neighborhood. The City also established an appeal process so an owner can deviate from the overlay regulations. The City reserves the right to amend or repeal an overlay by City Council action at any time.

Currently existing structures which currently do not meet overlay standards, in a zone where an overlay is enacted, are not required to be changed in any way. If a house such a zone should be destroyed by natural disaster or fire it could be rebuilt according to the previous foot print. A house may not be modified such that it no longer conforms to the overlay.

Materials for residents should be available to interested residents in mid to late January.