Despite Lack of Permit, Demolition Begins on Block of Affordable Apartments Near Bishop Arts District

This post has been updated.

Several readers reached out to us about two blocks of W. 8th Street between Llewellyn and Madison that appear to be fenced off to prepare for imminent demolition. Only when I contacted District 1 City Council Member Chad West, his office staff confirmed that no permit had been pulled for the structures, which include some of the Bishop Arts District’s last remaining affordable apartment buildings.

However, CandysDirt.com has obtained photos of one structure — 521 W. 8th Street — which has been partially dismantled.

The area just outside the Bishop Arts District that is currently fenced off includes 15 properties owned by LMC Bishop Arts LLC. The organization is a holding company for Lennar Multifamily Corp. (LMC), a developer of high-end apartment buildings. According to City Plan Commission documents from 2018, a replatting was proposed and later approved for the lots, which total 2.661 acres inside Subdistrict 3 of PD 830. Though neighbors objected to the replat, the change was approved during the early days of the pandemic.

Because the Bishop Arts District is not in a National Register Historic District and these buildings aren’t landmark structures, the midcentury apartment buildings and rentals don’t qualify for the City of Dallas’ demolition delay. However, as gentrification continues to put pressure on Oak Cliff’s working-class residents — many of them people of color — the loss of so many affordable rentals in this walkable area will be felt.

Rob Shearer, an Oak Cliff resident and community advocate, echoed the sentiment on social media.

We reached out to LMC regarding the demolition but did not hear back before deadline.

Update: According to David Spence, owner of Oak Cliff property company Good Space, the partial demolition of 521 W. 8th St. was authorized by LMC so that his company could salvage materials from the building:

Ms. England, my Bishop Arts-based company Good Space is responsible for the “partial demolition” of 521 W. 8th, featured in one of your photos. LMC, together with the block’s former owners, the McDonald family very kindly enabled us to salvage 5,000 bricks from the non-load-bearing facades of the structure to be reused as brick pavers at Good Space’s current renovation of a pair of century-old houses a block east on 8th St. Also salvaged were dozens of period doors for Good Space’s next restoration two blocks west. However much one may lament the economics behind this block’s redevelopment, my impression as a residential landlord and neighborhood advocate is that LMC has been compassionate toward departing tenants, quick to secure the empty buildings from vandals, and above-board in their permitting and predevelopment.

Update 2: In an email, Councilmember West stated that city staff believe that interior demolition of a property would be governed by a remodel permit, but that wouldn’t trigger a demolition delay. West added that staff believe more is planned for the property, but as we’ve heard from Spence, a large amount of masonry and interior fixtures have already been removed from the Tudor at 521 W. 8th St.

Additionally, West relayed a note from Murray Miller, Director of the City of Dallas’ Office of Historic Preservation on the block of W. 8th St. between Llewellyn and Madison:

The area between W. 8th St. from Llewellyn to Madison is partially covered by several “areas” and “historic resources”.

AREAS

1. Oak Cliff Demolition Delay Overlay District (DD0-1) – covers W 8^th St., from N. Adams Ave. to Madison Ave.

2. Greater Oak Cliff Demolition Delay Overlay District (DD0-3) – covers W 8^th St., from Llewellyn to N. Adams Ave.

HISTORIC RESOURCES

3. North Bishop National Register Historic District – applicable to the area along W 8^th St., from approximately 318-408 W. 8^th St.

4. Bishop Arts Building (408 W 8^th St) – Dallas Historic Landmark

OHP’s REGULATORY AUTHORITY

For areas 1 and 2 – The Demolition Delay process would only be triggered if the Office of Historic Preservation (OHP) is advised that an application for a demolition permit has been received by Building Inspection.

For historic resources in item 3 – the OHP does not have jurisdiction to review historic resources that may be within a National Register Historic District that is outside of a demolition delay overlay.

For historic resource in item 4 – the OHP regulates any exterior change since this is a Landmark designated by City Council.

PROACTIVE MEASURES

If an application is received for demolition, the effectiveness of proactive measures will likely be considerably diminished. The demolition delay process is largely a “reactive” process that does not typically have the effectiveness required to protect historic properties.  It is possible that if significant incentives were available, an owner might be persuaded to consider alternatives to demolition as part of the demolition delay process.

However, a proactive measure that should be undertaken citywide is the updating of its historic resource surveys, which is fundamental to land use decisions and can inform which properties/districts could be paired with incentives to leverage an owner’s request for designation.

Update 3: According to an email sent to stakeholders by West’s office, District 1 City Plan Commissioner Amanda Popken was able to confirm that a demolition permit was filed on Tuesday, March 8, by the developer. This was after Spence had already removed a significant amount of the stone-and-brick façade on 521 W. 8th St.

However, in the note to stakeholders that was co-authored by Preservation Dallas executive director David Preziosi, District 1 Landmark Commissioner and Realtor Diane Sherman, and Heritage Oak Cliff’s Paul Carden this much rings true for all those who want to see fewer historic buildings razed in their own backyards:

If the demolition of El Corazon and the likely demolition of the 8^th Street properties teach us one thing, it’s that land use planning is the key to everything. 

If neighborhoods don’t have planning in place (the El Corazon scenario), then they need to consider “taking the bull by the horns.” Neighbors who want to preserve architectural details and things like setbacks, height, etc., and prevent demolitions of our housing stock should consider gathering petitions to form a Conservation or Historic District. And they should reach out to neighborhoods like Winnetka Heights Neighborhood Association, Lake Cliff Historic District, or Stevens Park Estates to gather best practice tips on the process. Heritage Oak Cliff, Preservation Dallas, and the City’s Planning & Urban Design office are also great resources for neighborhoods seeking protection from “upzoning.”  

When land use plans are proposed for an area, it is crucial that residents actively participate by attending neighborhood meetings, reading through proposed planning documents, and voicing their opinions.[4] Lastly, note that the procedure to get to more density (i.e. upzoning or development) and protection (historic/conservation overlays) is the same – both require land use planning and a public process. So whether you’re a staunch preservationist, hard core developer, or somewhere in between, know that the terms “plan” or “land use plan” are relevant to you and not necessarily a bad thing – you just need to dig in, learn more, and advocate for what you believe in. Just like with anything in life, you may not get the exact result you seek whether it’s neighborhood preservation, affordable housing, or new development, but you have a much better chance if you’re involved!

Update 4: According to Popken, the representatives at Lennar Multifamily Corporation offered this update on the development and work taking place on the block:

• Purchased Dec 10th 2021 (house at 8th & Llewellen not part of purchase, separate ownership)
• Dec 14th – 60 day notice given to residents, also gave “financial incentives” to help with moving (out by Feb 15th)
• Everyone left on their own accord, no evictions-
• Demo: 1 permit is in hand. Awaiting others. Should begin by late March/early April
• Construction will begin this summer
• Worked w/ McDonald sisters (owners who assembled the block) and with David Spence (Good Space) to allow them to pick & pull from existing structures (doors, windows, crown moulding, door handles etc) (Giving them Orr Reed contact info for salvaging more hopefully)
• New 4-story building with 225 apartments will span the entire block
• 100% market rate apartments 500sf to 1400sf
• Lennar Multifam execs live in Wynnewood, Sylvan 30, and local area including top pick for Property Manager position
• Long-term hold: construction and property management

Additionally, sources at the City of Dallas Development Services Department confirm that a stop-work order has been filed for the demolition of 521 W. 8th Street for the following reasons:

Performing work without the required permits.  No demolition permit or renovation permit on file while work is being performed.

If a demolition permit is sought it will need to go through the demolition delay (45 days) process through Historic Preservation.

“While we are saddened at the loss of historic housing, we are particularly concerned with the apparent demolition occurring without a permit,” said Paul Carden of Heritage Oak Cliff in reaction to the stop-work order. “Regardless of intent, all developers should abide by the requirements, which include the 45-day demolition delay, out of respect for the city and community in which they choose to develop.”

David Preziosi, executive director of Preservation Dallas, shared this on the subject:

While this block of 8^th Street is not in a protected Conservation District or Landmark District, it still is important for its interesting collection of residences from small houses from the 1920s to small apartment buildings from the 1930s to 60s. They are all wonderfully scaled at no more than two stories and work together to form a residential street with unique historic character. They also provide crucial affordable housing, which the city is in desperate need of, to be replaced with market rate units that won’t include an affordable housing component. The new development will be densely packed with four stories of height and most likely go from lot line to lot line changing the character of that part of Oak Cliff. With the whole block zoned multi-family in 2010, the majority of it under one ownership, and no protections for the historic buildings, it made it too easy for a developer to come in and purchase the block, demolish the buildings, and maximize their return on investment with as many units as they can squeeze on the block.