Attorney Daniel Box Challenges Zoning Changes Impacting Property Rights in Houston

The Bellaire Planning & Zoning Commission held a regular session on August 14, 2025, where significant discussions centered around a zoning issue raised by attorney Daniel Box, representing a property developer. The meeting highlighted a contentious debate regarding the maximum site area per dwelling unit for a residential multi-family (RMF) district.

Box argued that the project in question is compliant with existing development regulations, except for one disputed aspect concerning density limits. He asserted that a previous zoning ordinance from January 2017, which stated a maximum of 1,200 square feet per dwelling unit, should apply to the site. However, he noted that the city had later amended this regulation without public notice, changing the term from "maximum" to "minimum," which he claimed resulted in a significant loss of entitlements for his client’s property.

Box emphasized that this amendment was made without a public hearing, raising concerns about legal implications under Texas local government code. He pointed out that the city’s characterization of the change as a "scrivener's error" was irrelevant to the legal process required for such amendments. He argued that the city failed to follow proper procedures, which could lead to potential legal challenges.

The discussion underscored the complexities of zoning regulations and the importance of transparency in municipal decision-making. The commission's response to Box's claims and the next steps regarding the zoning issue remain to be seen as the meeting concluded without a definitive resolution.