The empty lot that is set to become a five-story apartment building located on Bishop Art’s W. Davis St. photographed on Thursday, March 26, 2026, in Dallas.
Juan Figueroa/Staff PhotographerA lifted deed restriction could clear the way for a five-story apartment building near the Bishop Arts District.
The deed restriction for the lot at 715 W. Davis St. was removed when the Dallas City Council approved the change on Wednesday as part of a consent agenda.
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The change will allow a developer to build a complex that will include commercial space and several floors of apartments. The building has been planned for years, but changes to the law have cleared the way for the development.
Rick Garza, an architect and Oak Cliff resident, has owned the property since 2008, according to the Dallas Central Appraisal District.
Following his purchase, Garza presented plans to build a five-story mixed-use development on the lot, according to a 2012 Dallas Morning News article.
To clear the way for new development, Garza was asking the council to remove a deed restriction on the northern half of the property.
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To clear the way for a new development, Garza was asking the council to remove a deed restriction on the northern half of the property.
The deed dates back to the 1970s when the area was used as a storage area for Sewell Automotive, said Robert Baldwin, who represented Garza, in a previous meeting.
At the council meeting, Baldwin said the complex could be built now because of Senate Bill 840 – a law that allows apartments and mixed-use residential buildings in other zoning districts. However, the building would need an eight-foot wall separating the development from nearby homes because of the deed restriction.
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The empty lot that is set to become a five-story apartment building located on Bishop Art’s W. Davis St. photographed on Thursday, March 26, 2026, in Dallas. Homes are seen across the street on Fouraker St.
Juan Figueroa/Staff PhotographerMost who spoke on the issue voiced support for the deed change during the city council meeting, which stretched into Wednesday evening.
One person said they wanted the deed restriction to be replaced and had traffic concerns. Multiple homes in the Kidd Springs neighborhood border the north side of the lot. Several residents in the area voiced concerns about the development during a previous Dallas City Plan Commission meeting.
Chad West, council member for District 1, said he had heard from others opposed to the development.
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“My concern is that denying this case – and using Senate Bill 840 – the developer could build 75 feet or seven stories with less required parking, no pedestrian amenities and the site would be blocked off on three sides with an ugly non-transparent wall as noted in the deed restrictions.”
West said he had received some emails against the change but dozens in support of the measure.
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Garza did not respond to requests for comment on this article.
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The planned building would include a first floor of retail space and underground parking, West said. The building would be five stories and taper to four stories on the side nearer to residential homes.
Additionally, when the measure was approved by the planning commission, a provision was added for the property to include 10% of open space.