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Hillcrest Forest Neighborhood Association
New Texas Law SB-840
Allowing apartments to be built on commercially-zoned property (such as offices) with no zoning approval needed.
Effective 9/1/2025
A law passed with bi-partisan support, intended to make it easier to create new multi-family housing in Texas without being blocked by neighborhood opposition.
Key points:
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Apartments can be built on any land zoned Commercial, including office and retail zoning. There will be no zoning review, no opportunity for opposition, and the City may not deny the request. Basically, only a building permit is needed.
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The height is limited according to the current zoning. If the current commercial zoning is capped at less than 45 feet, the apartments can be as tall as 45 feet (4 stories). If the current zoning allows more than 45 feet, the apartments can be as tall as the height limit of the existing zoning category.
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The City may not require more than 1 Parking space per apartment. However, the developer may, at their option, provide more parking than 1 space per unit to meet estimated tenant demand. (Hopefully the builders will not underestimate or cut costs at the expense of providing sufficient parking.)
The law over-rides the 635 Corridor Study agreement - negotiated by our Hillcrest Forest Neighborhood Association and several allied HOAs. That agreement prohibits apartments on the south side of LBJ from Preston Road to Hillcrest Road, where today there are older two-story offices.
Other potential sites could include commercially-zoned locations such as North Haven Gardens or certain corners of existing neighborhood shopping centers if they are suitable for re-development and the current owner gets a lucrative offer.
If apartments were to be built on the Red or Orange sites above (at Hughes Lane), the shortest way to Preston Forest shopping center is south on Hughes Lane to Churchill Way - through our neighborhood. Otherwise, they would have to take the LBJ service road east to Hillcrest Road and then back to Preston Road.
More details
Actual text of the act
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