Vote on Controversial Pepper Square Project Delayed Again to Jan. 23

About one month after a judge ordered developers with Henry S. Miller Company to re-advertise a mixed-use project at Preston and Belt Line roads, the Pepper Square project was back before the Dallas Plan Commission Thursday — and again deferred, this time to Jan. 23. 

Neighbors have loudly opposed the project since its inception more than two years ago, but the latest controversy involved whether notification signs about a zoning change were posted properly. 

City code requires that signage be posted 14 days after the filing and remain in place continuously until the matter is approved or denied by the City Council. The responsibility of the developer to ensure the signage stays intact, plaintiffs with the Save Pepper Square Neighborhood Association argued in an October legal filing.

Plan Commission OKs Revised 984-Unit Proposal for North Dallas’ Pepper Square

Although the Dallas City Plan Commission debated and recommended approval in August of the project, which could bring up to 984 housing units to a now-vacant shopping center, their action was voided when Save Pepper Square filed suit. The conglomerate of neighborhood associations, represented by Plano attorney Anthony Ricciardelli, claimed signage about the rezoning was no longer visible after a windstorm, which kept neighbors from knowing about the proposed change. 

The lawsuit — which named every plan commissioner and Dallas City Council member — was filed hours before the City Council was set to vote on the zoning case on Oct. 23.

Judge Martin Hoffman ordered on Nov. 8 that the case be remanded back to CPC.

Another Holdover

Discussion about Pepper Square was limited during Thursday’s meeting. 

CPC Vice Chair Brent Rubin advised that it would be held and said no briefing was necessary. 

Senior Assistant City Attorney Laura Morrison explained that when the case comes up again in January, the CPC will be tasked with determining whether the applicant has fulfilled his obligation of posting notification signs and if so, they can move forward with voting on the rezoning case’s merits, Morrison explained. 

Some have speculated the case could get thrown out altogether or delayed until after the May elections. Pepper Square sits in District 11 which currently has a vacant CPC post. D11 Councilmember Jaynie Schultz, who has publicly supported the project, has said she will not seek re-election in May. 

The Dallas CPC is a quasi-judicial board composed of volunteers appointed by the City Council. The panel makes recommendations on zoning cases but does not approve or deny them. The Dallas City Council will make the final call on whether the project proceeds. 

Pepper Square Proposal

The rezoning case was originally filed in September 2022. If approved, backers say it would revitalize an abandoned shopping center into retail, green space, and much-needed housing. 

Opponents are concerned about traffic, density, height, and aesthetics of a mid-to-high-rise residential tower in the area. About 91% of the surrounding neighbors oppose the development, Save Pepper Square members maintain.

The proposal has gone through several iterations. Here are the latest documents filed with the City of Dallas this week.