Dallas, TX – A local judge has issued a temporary injunction that halts the Dallas City Council’s upcoming vote on a rezoning proposal for the Pepper Square shopping center. Judge Martin Hoffman of the 68th District Court in Dallas ruled that the rezoning vote will be postponed until the developer complies with the city’s regulations for public notification signs.
The injunction came after the Save Pepper Square Neighborhood Association brought a lawsuit alleging that Henry S. Miller, the developer, had not adhered to the city’s sign posting ordinance. This city rule mandates that landowners seeking zoning changes must display notification signs on their properties for the duration of the application process, starting 14 days after the initial filing.
Residents opposing the redevelopment project claimed that the signs were missing for over two months following severe weather in late May. While the developer’s representatives insisted that they had promptly replaced the signs upon notification, city officials felt the injunction was unwarranted, arguing that the city council could independently assess the planning commission’s findings on the sign ordinance.
According to the court’s decision, new rezoning signs must now be erected at the site. Both the neighborhood group’s legal representatives and those for the developer now expect the matter to be sent back to the planning commission, potentially delaying critical votes by four weeks or more.
The neighborhood’s legal counsel expressed satisfaction with the ruling. Anthony Ricciardelli, representing the neighborhood association and serving as a Plano City Council member, emphasized that the judge’s decision highlights the importance of strict adherence to notice requirements, ensuring these protocols are not seen as mere formalities.
The plans for transforming the aging 15-acre Pepper Square site into a vibrant mixed-use hub began taking shape in 2022. After consultations and feedback from local residents, developer Henry S. Miller reduced the number of planned apartments to just under 1,000. The City Plan Commission initially green-lit the rezoning proposal in August.
Supporters of the redevelopment argue it will inject much-needed vitality into the struggling shopping center, proposing a diverse development of apartments, retail spaces, restaurants, and green areas. However, residents in nearby neighborhoods have voiced concerns, suggesting that the change could worsen traffic congestion and negatively impact property values.
Lee Kleinman, a senior adviser with consulting firm Masterplan and former Dallas City Council member, expressed disappointment with the court’s decision. He highlighted that the developer had extensively engaged with the community through more than 10 community meetings and numerous mail notifications. Kleinman further noted that the developer had purchased and posted over 25 zoning signs thus far.
Kleinman criticized the injunction for being costly and delaying what he described as a premium development plan for Pepper Square. He stressed the continuing commitment to the rezoning application and the intention to revitalize the area despite current setbacks.
As the legal and administrative processes unfold, the future of the Pepper Square redevelopment project hangs in balance, reflecting the complex interplay of urban development, community engagement, and legal compliance.
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