Neighbors Return to Court to Fight Pepper Square Redevelopment

The city of Dallas along with a number of disgruntled residents continue to engage in an ongoing legal dispute concerning the redevelopment project. Pepper Square , a mall located in the northern part of Dallas.

A local community organization against the development aims to halt construction from starting. The city, meanwhile, seeks to have the case dismissed.

Last week, the Save Pepper Square Neighborhood Association submitted an updated and revised complaint as part of their continuing legal action against the developer, the municipality, Mayor Eric Johnson, city council representatives, and officials from the planning and zoning commission.

The neighbors are pursuing a temporary restraining order along with an injunction aimed at halting any new construction at the location. Attorney Austin Smith, who leads their legal team, mentioned that a court hearing regarding this petition will be held on Friday.

Requests for comments from the city attorney’s office went unanswered.

The organization claims that the accepted rezoning goes against the established zoning regulations and various city-wide comprehensive land use strategies such as ForwardDallas 2.0. They further assert that this situation represents "improper spot zoning" and argue that it should be invalidated.

The Save Pepper Square Neighborhood Association is seeking a jury trial.

"Taller structures featuring increased and concentrated housing choices are appropriate for Downtown Dallas, whereas shorter constructions should prioritize community-oriented retail, dining, and personal services rather than residential focuses in suburban regions," states the lawsuit.

Last month, the city attempted to have the lawsuit dismissed. This motion tackled earlier allegations but did not cover the most recent ones presented by the group.

A hearing regarding the dismissal request was scheduled for Friday; however, Smith informed The Dallas Morning News The city withdrew its motion to dismiss. According to court documents, a hearing regarding this dismissal request is scheduled for Friday.

The Save Pepper Square Neighborhood Association has amassed approximately $44,000 to support their legal endeavors, according to the group’s treasurer, Steve Nordseth.

In October, the organization initiated their first legal action, claiming that the developer failed to adhere to the regulations concerning the announcement of a public gathering for the zone adjustment. Subsequently, the city’s planning and zoning board reaffirmed the zoning decision.

The Dallas City Council gave approval for the Pepper Square rezoning earlier this month.

As per the proposals, developer Henry S. Miller will construct up to 868 residences on a 15.5-acre plot close to Preston and Belt Line roads. Initially, the firm planned to develop around 2,000 homes prior to several revisions of the apartment count estimates.

At least 35,000 square feet of the development needs to be allocated for retail or personal services. The Dallas City Council has capped the highest permissible building height at this location at 165 feet.

Gregory Miller, who serves as both the president and CEO of Henry S. Miller, formerly stated The Dallas Morning News The initial stage of the project will feature a residential building ranging from four to five stories tall, complete with parking facilities. In subsequent stages, plans encompass a residential tower that could reach as high as twelve stories, potentially alongside an additional edifice of similar height.

The next stage will consist of an additional two residential structures approximately five stories high. The area at the south end of the property won’t undergo redevelopment, enabling businesses like Hobby Lobby and Trader Joe’s to stay.

Miller stated that the company is thrilled to present "a thrilling new mixed-use project for the community to appreciate."

In the documentation and prior discussions during the interviews The News Residents expressed worries about increased traffic, numerous upcoming apartment developments in the vicinity, delays in city services, and possible adverse impacts on property values as grounds for their objections.

"We would like this to cease temporarily so we can have an opportunity to negotiate," Nordseth stated.

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