1. CPC CHAIR & D10 COMMISSIONER ARE TERMED OUT. Chair Tony Shidid’s term on the CPC began in October 2013. He’s 10 years, 9 months into his term even though City Code mandates that a CPC member is termed out after 4 consecutive 2-year terms. Tipton Housewright (District 10) has been serving since October 2015, so he is also almost at the 9 year mark, past the statutory limit.
- “An appointee of the CPC who has served on the committee for four consecutive 2-year terms is ineligible to serve on the committee until at least one two-year term has elapsed.”(see code language below)
2. CPC CHAIR IS NOT THE MAYOR’S APPOINTEE. The CPC chair is supposed to be the CPC rep who is appointed by the mayor. That individual is Brent Rubin, who is NOT the chair. The Chair is Tony Shidid, who was appointed to represent District 5, even though he lives in District 11. Tony is a real estate investor who gets appointed to different districts every two years so that he can stay on the CPC.
- “The City Plan Commission consists of 15 members. Each city council member shall appoint one member to the board. The chair shall be appointed by the mayor and the vice chair shall be appointed by the city council.”
3. FORWARD DALLAS VOTE VIOLATED TOMA. On July 25th, the CPC approved passage of Forward Dallas without seeing a final document, complete with amendments they approved, and with no public notice of the contents of either the document or of the vote. Prior to July 25, commissioners were advised that the July 25 meeting was a working session with the possibility of adding another working session, and that a vote would be taken on the final draft at a special called meeting on Aug. 2. The city secretary posted the notice of the special meeting. Many CPC commissioners advised residents to look for the final vote to take place Aug. 2. Commissioner Melissa Kingston pointed out that it “breeds distrust” to give the public only parts of the document and then make that document an ever-changing target. Despite the protests, the commission voted 10-4 to advance the document to the City Council. The Texas Open Meetings Act requires a different course of action, and violating that act is against the law. The “final” draft, with all its material changes, should have been available for review — by the CPC members and by the public — before any vote. Posting notice of a special meeting to be held on Aug. 2 to vote on the final draft and then voting prematurely to pass the plan is a potential violation of law.
- Dallas Morning News Editorial with the above further explained:
- Code: “All meetings and hearings of the commission must be open to the public in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551.”
4. CPC MEMBERS USE THEIR POSITIONS FOR PET PROJECTS. District 1 Plan Commissioner Christian Chernock filed a rezoning case in his own District to turn 10 SF lots into a 100-unit apartment complex, four 8-plex apartment buildings and 13 houses that may or may not be attached for a total of 150 units. And according to some reports, Chad West is privately drumming up support for the project. See article here that outlines the double-dipping.
5. CPC EXEMPT DEVELOPERS FROM COMPLYING WITH LAWS. Once a rezoning application is filed, the Dallas City Code requires that notices be posted on the location of the proposed rezoning from the time the application is filed continuously until the final decision is made on the application. The code also requires applicants to use “good faith efforts” to keep the notification signs posted in the event they are lost, stolen or vandalized. Signs at Pepper Square were not maintained continuously, as the Applicant admitted to at the hearing last week. Opposition to the rezoning requested that the Commissioners delay the hearing on Pepper Square for four weeks to ensure the publicly was adequately notified and to be in compliance with City Code. Commissioner Kingston argued that because opposition to the rezoning request had put up their own banners in their neighborhoods, that constituted notice to the public. Thus, she argued the Developer did not need to maintain their own signage. And yes, shockingly, Melissa Kingston is a lawyer. And yes, the CPC agreed with her analysis and voted 11-1 that the developer’s lack of notice would not delay the case from being heard.
6. MEMBERS GASLIGHT THE PUBLIC. Melissa Kingston (District 14 rep) criticized opponents of Forward Dallas on X, stating, “Some of the most ardent opposers are too lazy to attend and/or listen to the meetings and actually read the plans or even reach out to their commissioners.” But THEN when the Commission admittedly receive 30 emails a day about the Pepper Square rezoning case and over 100 people show up to the hearing to share their opinions, Melissa chides those in attendance who oppose the rezoning planning say that the opposition is primarily “fueled by misinformation.” She then proceeded to lecture them about keeping decorum at City Hall. So first, opposition to Forward Dallas is told they aren’t engaged enough and don’t even come to meetings. But then, when 100 people do come to the CPC meeting and are engaged, holding signs, clapping and booing, those citizens are lectured about being too engaged by being vocal. So which does she want—engaged citizens or not? Or does it depend on whether or not they agree with her? (The latter, of course).
FINAL OBSERVATION: CPC is so strict when residents are speaking before them (limited to 1 minute; if it’s over zoom, the camera has to be on). And throughout the Pepper Square hearing, they admonished residents who clapped after remarks or held up signs or made gestures. Yet, when there are rules codified in law that apply to CPC membership, who the chair is supposed to be, term limits, what developers must do to ensure the public knows about an application (eg. notice), the CPC is OK blatantly ignoring such rules.