Zoning & Planning Is Get Really, Really Wild, Ya’ll

Irving Says, “Howdy!” to Density and Two-Steps into the Wild, Wild West of Texas Zoning & Planning

Those behind SB840 sure wanted density come hell or high water. In Irving, it’s Build BIGGER or Go Home!

Leigh Budlong — October 30, 2025

It’s Rodeo Time Again, Buckaroos!

In my prior update, all kinds of commotion was happening in Grand Prairie. Lots of good folks told their city council to “Do something about SB840.” 

And yes ma'am, yes sir, they did. I asked the city for the final, final and was told it is going through the sausage press…I mean the process to get all tidied up for its placement in the so-called Unified Development Code (UDC). 

If you’re green on the subject of zoning, the UDC is now the way most cities “codify” or “compile” rules. Back in the days of old, the zoning code was simpler. But then it got all layered-up with regulations like dividing parcels into lots, or protecting birds and lizards. 

Once upon a time, each had its own book, but with the UDC, it all jammed into one 200 lb. rule book. And keeping up with all those rules is like putting a sock on a rooster.  Some towns are getting real savvy about SB840, so they’ll stay ahead of the game. But others are sitting back and waiting for a showdown. 

I reckon, it’ll get pretty clear who is asleep at the switch, and who is not taking any chances with developers running wild in their cities.

There’s Crying in Zoning? (are we watching an Opera…so much emotion!)

You’re not gonna believe this video of Sam Hooper from the Institute of Justice. He says he worked on the legislation. Now, I gotta do some digging around on this - what is that group doing parading around on local zoning matters? Hmmm…I’ll have to get back to ya on that.

For now, just know Sam is not a happy camper. At least that is what it sounds like in his video. He is finding it offensive that “some cities are sabotaging the efforts from SB840.” Now by the “sabotage” lingo he means these targeted cities are finding a workaround using legalese to fight legalese like in a draw but with paper and ink, not guns.

He almost sounds sad as though SB840 was supposed to be loved. Or maybe there was some kind of bonus or something that was supposed to happen? I don’t know but he’s sounds sad.

Now, as far as the other side goes, meaning the folks who just happened to buy a home in a city now playing SB840, I’m just not so sure. The way folks must be sensing they are under attack. Just look at that October 14th Grand Prairie city council meeting. Now, folks when backed into a corner (or feeling like that) often behave far from loving and chill. That d-e-f-e-n-s-i-v-e way of thinking kicks in, you know, gates up, doors locked. You get the picture.

I found Sam’s video shows just how much of a battle this SB840 is and greatly appreciate his work so for those who wanna peak, here it is. 

Never Underestimate Creativity in People

I gotta hand it to Grand Prairie. Talk about outwitting the 89th Legislature with some crafty crafting. I even heard something about requiring extra large pools per apartment project, no kiddie type pools will suffice. Sam, the one from The Institute of Justice, even said “Olympic sized.” I have not yet confirmed that with city planners. But folks, with cement ponds that big, who knows the future in health skyrocketing as good get in tip top shape—and just in time for the next summer Olympics (in 2028)!

Before I leave Grand Prairie, I just continue to glow and tell ya all, you should not have missed the Grand Prairie council meeting on October 14th. Thankfully there is video! Be sure to visit our YouTube Channel. You will not be disappointed to see backbones in action. There is even a part about “petitions” which is something lawful, you can do that to say “enough is enough!”

Hold your horses, because we’re going to talk about Irving. Like a rhinestone cowboy, Irving’s approach to SB840 has enough flash to compete with Elvis. (Cue “Suspicious Minds.” All together now: “We’re caught in a trap…”

I can’t tell you how clever a move Irving made to work around SB840? Pick a number between 1 and 10. If you picked 8, you win. Because instead of using the SB840 height of 45 feet or what was the height was set for that local zoning before SB840, the smartest of the smart found a way to read through the legalese for what is called a loophole. So folks in Irving bumped it on up to a MINIMUM of 8 stories. 

Eight! You read that right the first time. Eight stories or 85 feet is the minimum y’all need to build either a multifamily project (3 or more units) or mixed-use, residential project in Irving, Texas. The loophole lingo had to do with being “less restrictive” and so it is go big or go home time!

Check out Irving’s highfalutin website about going so big: Irving TX Multifamily By Right. I’m in awe of the stats at the very bottom of that page. Listen up Texans! You are not all living in little pink houses on big prairie frontiers. Many, many are already doing the apartment thing. Here are the stats from City of Irving:

1. Nearly 25% in all of the Lone Star state housing is ALREADY MULTIFAMILY.

2. NEXT, nearly 55% of all the housing in Irving, TX is ALREADY MULTIFAMILY.

3. FINALLY, nearly 40% in the cities marked as having to comply with SB840 already have an average of 40% MULTIFAMILY HOUSING UNITS.

So SB840 doesn’t have a reporting requirement and there is no “sunset” date after “x” amount of units gets built to fill the chasm the TX Comptroller claimed as a missing “320,000 units.” Did ya ever see that report? Here it is just click the little italic like “Housing Affordability Challenge” and bingo!

By the way, it is comforting, like a good Sunday spent at the lake, to know the research material was provided by the kind folks who just also happen to like to build lots of multifamily type projects. Surprise, surprise, surprise….

already live in multifamily. 45%

Cowboys and cowgirls, you may think I’ve gone plumb loco. 

But no. I used my God-given ears and I found out that there are some development requirements that can be TOO BIG—even for big developers. 

Close your eyes and imagine meeting with the city about your project. Now open just one eye and read this out loud: “Build me a dream project with lush grounds, an inground O-lympic sized pool or spa, and make it at least 8 stories!” 

It just cuts to the quick! Concrete, steel, glass, landscaping, pools, fountains and cabanas were not what most developers likely had in mind when SB840 was being pitched. 

Let’s make it official. By the power vested in me by the third TXZoning newsletter, I pronounce Irving as the most creative go-getters in the Metroplex. Ride ‘em, Irving! Yeehaw!

Eight Stories at THE MINIMUM (kinda like 8 seconds on the bull)!

If you have never in your life seen bull riding, I can only say sorry cause it is really fun to watch. But as a consolation prize, I can give you this Cowboy Channel YouTube link. Good watching and good marketing tips too…”Hell on Wheels” is giving lessons in congeniality with Boot Barn getting a boost from its bus tour with Rocker Steiner, top in class for bareback riding.

The Round-Up: Today’s Land Use & Zoning News

Keep Zooming Weird — On October 21, Austin met via Zoom. Here are the goodies from that meeting: (link).I tell ya, it is just bewildering  how one city can have such a different viewpoint about the same bill. It reminds me of those butter vs margarine commercials with Fabio. Link plus you’ll get a quick lesson on butter being waay better for you health wise). 

Uncle Sam’s Still Shut Down — Yep, federal funding is still getting yanked with HUD closed but I found a handy article letting me know the payments are on auto-send through November. Okay…I’m starting to wonder if maybe, just maybe, having a payroll of 10,000 workers at HUD is looking a little oversized given stuff is still getting done even during the shutdown. Maybe/maybe not… I’m keeping an open mind, but I’m just sayin…

Wheeling and Dealing — If you don’t know Globe Street, they send a ton of friendly emails all the livelong day about investing with all kinds of catchy headlines. Now Globe St. doesn’t allow for reprinting, so shout-out to them for just the “heads up.” I found a shiny PDF just for you, my dear readers, straight from the source: Q3 2025 Avison Young. A few tidbits about that report:

• Year-to-date across the USA, first and second prizes were “Private” and “Institution” which are not defined or I’d gladly tell ya. Just know if I add them two categories together, I get 85, There is that number again…8! So 85% of buyers fell into one of them two groups of folks. I don’t think any of us reading are in the group but hey maybe so? Just get the gist of connecting reports like this with SB840 because these buyers are also often builders and influencers in rule making, got that? It is not against the law to influence an elected official (one or more). That, my friends, is called lobbying.

• The highest levels of investment were in Texas, where sales volume totaled $6 billion year to date. The next highest was way smaller.

• Did y’all hear the SEC approved the Texas Stock Exchange? And did you hear where it is going to be located? Big D. D for Dallas. That’s a reason cited for the boom. Now wait a minute…if you have so much Wall Street success, doesn’t it stand to reason you  need fancy homes and cars to go with the riches?

Keep your ears to the ground at TXZoning.com

Read more on our blogs - most recent gives a decent overview of the October 21st zoom session for City of Austin:

“City of Austin Is Standing Tall on SB840”

Watch more on our YouTube Channel::

I’m still gonna keep asking you to be sure to check out the rowdy bunch from the October 14th city council meeting in Grand Prairie - it could be a new series there was so much flair. Take a Listen and maybe show up at your next local city council meeting to speak up…I may need to create a compilation there are so many great moments…People, they are just the best!

Happy trails until we meet again…

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