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Business Journals
27-04-2025
- Business
- Business Journals
Save Pepper Square Neighborhood Association files new petition to stall redevelopment
By submitting your information you are agreeing to our Privacy Policy and User Agreement . The latest chapter in an ongoing dispute over a North Dallas shopping center's future involves courtroom drama, fundraising efforts, and accusations of improper zoning practices. A group called Save Pepper Square Neighborhood Association has filed a new complaint, adding another layer of complication to the redevelopment. Despite Dallas City Council approving rezoning for the Pepper Square site in Far North Dallas last month, a group of neighbors continues to attempt to thwart plans for the $200 million redevelopment of the aging shopping mall. For the past two years, homeowners in the area have tried to prevent changes to their neighborhood shopping site, which they see as a mainstay in the community. Their main gripe with the project is its added level of density, which they feel isn't appropriate for the suburban area. The project, from developer Henry S. Miller Co., hopes to transform the aging retail property into a mixed-use development with nearly 900 apartments and at least 35,000 square feet of retail. During its meeting held March 26, Dallas City Council voted to change the rezoning of the strip mall at the southeast corner of Preston Road and Belt Line Road. It changed the zoning of the 15.5-acre site from a community retail district to a planned development district. GET TO KNOW YOUR CITY Find Local Events Near You Connect with a community of local professionals. Explore All Events The homeowners group, called Save Pepper Square Neighborhood Association, sued the city of Dallas and the developer entity, New Pepper Square, last October. Now, the group has filed a new complaint, adding another layer of complication for developers of the project. The group originally filed a lawsuit in October against the city, Dallas Mayor Eric Johnson and several city council members. This initial lawsuit claimed the city of Dallas did not provide sufficient notice for the rezoning case, alleging that not enough signs were posted to alert the community to the changes proposed. The judge sided with the homeowner group in that instance and mandated the developer post rezoning signs for the following four weeks. That's ended up being one of multiple ways the group has attempted to stall the project. On April 18, the neighborhood association — hopeful for another win — returned to court and filed a temporary restraining order that would last for 14 days before a judge could issue a permanent one. Austin Smith, a partner at Steckler Wayne & Love PLLC, represents the association as its lead attorney and helped the group file its April petition. Smith explained that the group is challenging the city council's latest decision to approve rezoning. It is accusing the council of 'spot zoning," which is illegal in Texas. The group also believes the city is not abiding by its comprehensive land use plans, including its recently approved ForwardDallas 2.0. 'The city has picked out a specific piece of property and rezoned it,' he said. 'It's inconsistent with its surroundings, only benefits the landowner and [is] to the detriment of the surrounding residents.' A temporary restraining order would restrict city officials from approving any new activity to further redevelopment plans. This includes issuing any building permits, approving site plans or issuing certificates of occupancy until a court determines whether this constitutes spot zoning. In short, the group is asking the city and developer not to move forward with its plans to have the property redeveloped. Smith added that while the site could use some improvement, he doesn't think the solution is to add a 12-story apartment building to the area. 'If you rezone something, it's actually supposed to be for the public good and welfare and safety,' he said. 'In reality, it's going to have an adverse effect.' Residents in the past have voiced concerns about increased traffic in the area, worried that a new mixed-use site will overcrowd an already congested area. Others are worried that a new project will raise response time for emergency services, such as the police and fire departments. Next up, Dallas County Judge Martin Hoffman wants to hear receive additional briefings on the issue by April 29 and another hearing is scheduled for April 30. 'We're asking the court to rework something that actually makes sense for the community and that's not diametrically counter to what Pepper Square is zoned for,' Smith said. 'It's just kind of at odds.' So far, Save Pepper Square has raised more than $75,000 to fund the group's legal efforts and expenses, said its treasurer Steve Nordseth. 'Our hope is the property gets redeveloped but not with the plans Henry S. Miller Co. has proposed,' Nordseth said. Commercial real estate developers in North Texas Sq. ft. of space developed in North Texas in 2023 Rank Prior Rank Company/Prior rank 1 1 Crow Holdings 2 2 Trammell Crow Co. 3 3 Stream Realty Partners View this list
Yahoo
26-04-2025
- Business
- Yahoo
Residents ask court to halt Pepper Square development
The Brief Far North Dallas residents have filed a lawsuit against a high-rise development in Pepper Square. The group accused Dallas City Council of "spot zoning." The developers of the property say a pause would be costly. DALLAS - The battle over the Pepper Square high-rise apartment complex in Far North Dallas has moved from City Hall to the courtroom. Neighbors have called for a temporary restraining order on the proposed 11-story development at Preston and Belt Line roads, until a decision is made in a lawsuit. The Save Pepper Square Neighborhood Coalition filed a lawsuit against the group in charge of the development, accusing Dallas City Council of "spot zoning." Spot zoning is when an area is zoned in a way that's out of character with its surroundings. The coalition claims the development violated Forward Dallas 2.0 and is not zoned with the nearby single-family neighborhoods in mind. "The increase in density, automobiles and traffic and noise can detract from the neighborhood until the area's desirability as a place of residence is destroyed," argued Austin Smith, the attorney for Save Pepper Square. Homeowner Damien LeVeck said neighbors are concerned about traffic and police and fire response times around what is already one of the city's busiest intersections. "55 residents per acre would make it one of the densest neighborhoods in all of Dallas. It doesn't feel like that matches the neighborhood we are in," said LeVeck. After intense anger from the community over Pepper Square, their representative, city councilwoman Janie Schultz, is not running for re-election. The other side An attorney for Pepper Square says the process has been in motion since Sept. 2022 and that the city considered many factors in its zoning decision. They say a pause in construction would be costly. "My clients are facing a loss of between $280,000 to $290,000 per week relating to this delay," the attorney said at a hearing. "My client will be the one facing irreparable harm." What's next Judge Martin Hoffman heard the case. While Hoffman appeared to consider the effect on residential values, he also takes the city's authority seriously. The judge requested both sides to file briefs on existing spot zoning case law. He will hear their arguments on Wednesday at 9 a.m. The Source Information in this article comes from a court hearing on April 25, 2025.
CBS News
25-04-2025
- Business
- CBS News
Legal battle over Pepper Square development intensifies in far North Dallas
The legal battle over a controversial development plan in far North Dallas continues. A new lawsuit was recently filed to block the Pepper Square shopping center development plan, which was approved by the city last month. CBS News Texas Battle against development continues Homeowners who live in the area say their fight is far from over. "Frustration. Disappointment. Because this [shopping center] could be such a jewel," said North Dallas resident Matt Bach when asked about the legal fight. Bach, along with dozens of other frustrated homeowners, admitted they thought a vote by the Dallas City Council on March 26 was the end of a three-year-long battle to stop a major development plan aimed at replacing what is now the Pepper Square shopping center at Beltline and Preston. "When we did our survey, 90% of the people did not want this development. So, you would have thought that [argument] would carry that day," Bach explained. Concerns voiced over density The plans created by developer Henry S. Miller include a shopping center, an 11-story apartment building with a little less than 900 units, retail, walking paths, and 2 acres of green space. But some neighbors have criticized the plan, citing safety and density concerns, given that it would be near one of the busiest intersections in Dallas. "It's about density that we are objecting," Bach told the City Council in the public comment portion of the March 26 meeting. Temporary restraining order filed Despite the city's approval, the battle from neighbors could see new life. "Let's not pack in apartment complexes just so we have a bunch of renters," said attorney Austin Smith, who now represents the Save Pepper Square Neighborhood Association. Smith's firm recently filed a new temporary restraining order to block construction at Pepper Square. In the suit, he accuses the city of "spot zoning." "What spot zoning is," Smith explained, "is the city decides to not only abandon the criteria but picks out a plot and re-zones something that's dramatically inconsistent with what it was previously zoned to." Initiative sparks debate In a court hearing Friday, Smith claimed the city is going against its Forward Dallas 2.0 initiative, which the city adopted last year as a land-use planning guide. Under Forward Dallas 2.0, Pepper Square is designated as a "community mixed-use property." Smith argues the new zoning approved last month conflicts with the Forward Dallas initiative without proper cause to do so. However, other pro-development agencies see the project as a plus. "There are two things people don't like: change and the way things are," said Dallas Cothrum, president of Masterplan, which represented Henry S. Miller during the zoning process—a process that included dozens of zoning meetings among city leaders. He said the Pepper Square development pushes Dallas in the right direction. "I'd like to see us continue to encourage local developers to do projects in Dallas," Cothrum told CBS News Texas. "And we desperately need to redevelop lots of parts of the city, and the city sorely needs the tax base." CEO defends development Greg Miller, CEO of Henry S. Miller, wrote a statement to CBS News Texas: "Dallas City Council considered and approved the rezoning application after a full, multi-year, public process, which included numerous public hearings, neighborhood meetings, and, of course, departmental review from the city's staff. We look forward to delivering an exciting new mixed-use development for the neighborhood to enjoy. The project will include neighborhood-serving retail, restaurants, medium-density housing, City Trail connectivity, new landscaping, and more than 2 acres of publicly accessible gathering space. While the case moves forward, we remain committed to working with the city and the many other stakeholders to deliver a project that benefits Far North Dallas. Because this is part of ongoing litigation, we won't discuss specific legal arguments, but we look forward to presenting our case in court." Judge's decision pending The judge did not rule on the case Friday, so the battle continues with another hearing scheduled in the coming days. "I hope the judge sees this case like we do. And I hope he sees that the city willfully decided not to follow its criteria," Smith said after the case. Bach hopes this case inspires compromise and says neighbors are open to a retail-focused development instead of hundreds of apartments. "This is not isolated. It's only Pepper Square. It's going to be in your neighborhood too. Get together, form coalitions, make your voices heard," Bach added. CBS News Texas has also reached out to the City of Dallas for direct comment on this lawsuit but has not heard back.
