Below are objections to the Dawson Plan publicly emailed to ANC by Dawson resident Kelley Smoot ~ I don’t know her at all ~ only that by report she did not attend Neighborhood Association meetings and did not participate in the Planning process 'til it was time for general vote on it, and that some others involved with Dawson Planning regard her account as erroneous and incomplete ~ so why repeat her objections here?...

   For one purpose only ~ to warn of end-game interventions we oourselves might encounter, once our Plan is ready for a vote, if those of us doing the planning fail to build outreach bridges along the way to the community at large ~ in the end, both participants and non-participants alike have a vote, and there will be at least 5 times as many of the latter ...   gb (00Oct19)
 
Oct 14, from Cynthia Medlin, Coordinator of the Dawson Neighborhood Plan

    The City of Austin Planning and Environmental Conservation  Services Department (PECSD) will be sending a ballot to every property  owner in the Dawson Neighborhood so that everyone will have a vote on  what the neighborhood adopts as guidelines and regulations for  infill, rezoning, overlay, etc.

    On Tuesday, October 17, 2000, at 6:30 p.m. at the South Austin  Multi-Purpose Center on Durwood, there will be a meeting to review  this ballot. Sue Karczewski-Hounsel from PECS will be there. If you  have questions in advance, call Sue at 499-6564. And if you have  neighbors who don't have e-mail and weren't at the DNA meeting on  October 3, please pass this information on to them and encourage them  to come. We'd like the input of as many residents as possible. The  decisions made on the basis of the results of this ballot will affect  everyone.
 
Oct 14, from "Kelley Smoot" <ir003864@mindspring.com>, Subject: [ANCtalk] Neighborhood-wide rezoning for Dawson

   Hi all, it's Kelley Smoot, Dawson resident. The following is an extract from the Sept. 2000 Dawson Newsletter.  These proposals are what Dawson Neighborhood Plan Coordinator Cynthia  Medlin, her co-chair(?) Jerome (Jerry) Garvey, and City of Austin  Employee, Sue Karczewski-Hounsel have proposed to present to the City  Council for Dawson on behalf of all property owners. Proposal for a Dawson Neighborhood Plan Under the City of Austin's newly adopted Smart Growth Initiative,  Infill and Redevelopment Guidelines neighborhood plans that have  been adopted by the City Council may create a Neighborhood Plan  Combining District (NCPD).

    We are proposing allowing neighborhood-wide options for the  following special uses: Cottage: (Allows single-family units in  2,500 sq. ft. lots. Allowed in MF-6 or less restrictive with a 2  acre maximum.) Secondary Apartment: ("Garage Apartment": An  additional detached single-family residence in back of a lot with  a single-family residence. Allowed in MF-6 or less restrictive.)  Urban Homes: (Use of a site for a single-family residential  dwelling on 3,500 sq. ft. lot. Allowed in MF-6 or less  restrictive.) Most "Single Family" homes in Dawson are in SF-3  zoning and would be covered under the definition "MF-6 or less  restrictive."  (for a complete version of this as it appeared in Sept. 2000 DNA  newsletter see http://www.main.org/dna/newslettersept00.html)

   Sue Karczewski-Hounsel and her affiliate at Planning and  Environmental Conservation Services, George Adams, have confirmed:
   <> 1. these guidelines would reduce the required lot size for a  residential structure from 5700 sq. ft. to 2500 sq. ft.
   <> 2. are applicable to new and existing lots (in other words,  existing houses could be bought, torn down, and the land sub-divided  into these much smaller parcels)
   <> 3. would increase impervious cover from 40% to 65% on lots developed  in this manner (this impervious cover figure is higher if you include  sidewalks and easements)
   <> 4. Lots could be as narrow as 25' across, reducing public parking on  the street, while increasing the need for parking through greater  density.
   <> 5. would not require rear access or public access be provided to  deep lots, increasing fire risk and EMS access to those deep lots and  their neighbors. (Many lots in Dawson are deeper than 150' - the  depth currently required under fire code that must be accessible from  the street)
   <> 6. would cause a loss of greenspace and an increase in asphalt --  making it even hotter in the summer in Dawson
   <> 7. would increase noise since more neighbors = more noise.
   <> 8. would remove compatibility standards since garage apts.,  driveways and secondary apts. could arise within 5' of existing  houses and their back yards. In other words, what is now your  neighbor's back yard, adjacent and compatible with your backyard,  could turn into a parking lot and/or building
   <> 9. would allow the development of flag lots (such as those in the  rural county areas where the city has no zoning authority), with  narrow private drives (as narrow as 10' with parking allowed within  that 10 feet width), with reduced police patrol since police are not  allowed to patrol private drives/properties.

    Art Cory, Chief Appraiser of Travis Central Appraisal Dist. has  confirmed this type of development could greatly escalate land values  and start a cycle of purchase, house destruction, and land  subdivision, especially in an older area like Dawson, where the  houses in general, shall we say, lack the innate charm and  architectural appeal of Travis Hts. or Hyde Park. (That description  of Dawson is mine, not Mr. Cory's.) Mr. Cory said houses remaining  on traditional-sized lots of approximately 7500 - 8500 sq. ft., would  have to be re-appraised by TCAD at much higher land values, with a  much lower house value (since the older houses would not be as  valuable as the new ones). Overall the older properties would  greatly increase in price because of their land, not their  structures, making their houses much more subject to destruction.

    Who decided property owners who have multiple lots (of varying sizes  and zoning categories) get one vote, along with property owners who  own a typical house lot? What if only 25 ballots are returned? Is  this a valid election? Under what authority does Sue  Karczewski-Hounsel, Cynthia Medlin and Jerry Garvey have to hold any  election? Has the City has initiated this type of top-down, city  initiated re-zoning and desification elsewhere in Austin?

    This type of tiny-lot zoning -- especially applied area-wide at one  time -- would not preserve the traditional quality of Dawson, but destroy it. How can Sue Karczewski-Hounsel, Cynthia Medlin and Jerry Garvey claim  to represent ANY property owner in front of the City Council when the  Dawson Neighborhood Association (DNA):
   <> 1. has no elections that grant them this authority
   <> 2. has no deed restrictions on property in Dawson
   <> 3. has no functioning by-laws
   <> 4. does not restrict membership or voting by residency
   <> 5. does not publish notices of meetings more than 3 days before the  meeting  6. does not publish, discuss or vote on minutes of previous meetings
   <> [6. ?]
   <> 7. does not have regularly scheduled meetings
   <> 8. does not follow Robert's Rules of Order at meetings
   <> 9. The Dawson Neighborhood Plan is not a legally binding document Who is the Dawson Plan Team? Is the Dawson Plan Team part of the  Dawson Exeuctive Committee? When are these people up for  re-election? Typically 10-15 people show up at the Neighborhood  meetings and 3-5 residents show up for the Plan Team meetings.  Is this an illegitimate method by a very, very few to re-zone private  property belonging to hundreds, if not thousands?
 
Oct 16, from "Kelley Smoot" <ir003864@mindspring.com> ,Subject: [ANCtalk] Response to a Cherrywood resident about neighborhood-wide re-zoning

   I realize that not many are interested in showing up for meetings of  any sort: planning, zoning, general issues, etc. But if you want to  have good attendance it's necessary to consistently hold meetings at  the same time and place each month, announce the meeting and its  agenda at least a week, or even two weeks in advance, and keep  everyone who didn't attend the meeting updated through published  minutes on what's happened.

    None of this has been occurring at the  Dawson Neighborhood Association (DNA) for over 3 years. Keep in mind no Neighborhood Plan is legally binding, according to  the City Attorney. Our neighborhood plan was actually written by a  City Employee, Robert Heil, who I believe also wrote the surveys that  were given to an unidentified portion of residents from whose  responses Robert Heil wrote the final Plan. Prior to submission to  the City Council the Dawson Neighborhood Plan was approved by  whomever showed up at a DNA meeting on a few days notice with no  prior review of the Plan; I believe there were less than 30 people  (out of a population of 3500) at that meeting.

    No minutes exist to  show who was there, what discussion about the plan took place or how  the vote went that 'approved' the plan. The plan is highly  contradictory in its goals. Approximately 95% of Dawson residents  have never seen a copy of the Dawson Neighborhood Plan. It is not  available on the DNA or city's web site. To now say that this plan  represents the will of the people of Dawson is, in my opinion,  ludicrous. For these reasons (and more) I believe this ultra dense  re-zoning is an illegitimate process, conducted by a few, without the  knowledge or informed consent of 95-98% of the property owners and  tax payers of Dawson.

    Concurrent with the issue of Neighborhood Association organization and  legitimacy, when did the City Council (or whatever authority,  possibly the State of Texas) take re-zoning initiation away from  individual property owners and give it to City Employees and/or  volunteer Neighborhood Associations (who do not have any legally  binding authority or deed restrictions on the property in their  area)? Up until now, it is my understanding that should I wish to  re-zone my property it is incumbent upon me, as property owner, to  hire whomever I see fit, to present the re-zoning issue to the  Planning Commission, who schedules a public hearing. Advance notice  of this re-zoning hearing is sent to all property owners within 200'  (or possibly 300') of the property desiring a zoning change for their  comment. Following a public discussion the Planning Commission then  votes on the re-zoning. This process is sometimes extended, requiring City Council approval. When did this established process  change?

    These issues are complex so I apologize for the length of this  posting. And it's really two issues: volunteer, un-incorporated  Neighborhood Association legitimacy and the power to initiate and  re-zone private property. I do not believe City Employees or  volunteers have the right to initiate a zoning change through out a  neighborhood. I would like to see the law that gave them this power.

    As for property values going up, yes, of course, property values are  going up. The question I asked Mr. Cory, Chief Appraiser of Travis  Central Appraisal District, was "would this type of development code  change make property values rise even faster than they already are?"  His response was, "Yes, because any time you increase the impervious  cover allowable on a piece of land you increase its value above  current market increases." This is because the more you can put on a  smaller piece of property, the faster that property becomes worth  more.

    When I asked him for a written reference on this he was a bit  stumped and finally said, "Kelley, it just makes common sense." (FYI:  we reviewed two cases, one residential in South Austin and one  commercial downtown, where he cited this type of faster and higher  land valuation increases due to an increase in the allowed impervious  cover.)  Note it only takes until January 1st of the next year following  infill for the neighborhood to feel the dramatic price escalation in  property taxes. Not 10 years, or even 5. This is because TCAD, by  law, must assess each property and its environs on January 1st of  *each year*. By law, TCAD must change valuations in areas where  houses have sold for prices different from those around them *each  year*. Also note Dawson has a large percentage of lots that are either  empty, or have a single house or duplex on them, dating from the  1940s.

    This makes it a particularly attractive target for  professional land developers and speculators. Re-subdividing is not  that expensive, especially given than many of the houses *are* run  down and in poor condition. Professionals can make a lot of money,  moving the run-down house off the lot, re-habing it on a cheap lot  elsewhere, and putting up little cottages, with 65% impervious  cover, and to hell with 100+ year old oak trees and yards.

    Also note South Congress is still a drug and prostitute haven, even  more so since the addition just last year of a private methadone  clinic across from St. Ed's. (In fact, this methadone clinic was the  *first* building erected after our neighborhood plan was adopted by  the Mayor and City Council. City Staff said it was our fault for not  specifically mentioning we didn't want methadone clinics in our  plan.) This means property developed on these deep lots (and then  rented out) is at a higher risk than say, property in Cherrywood, of  being used for illegal activity. And the police have confirmed that  property developed in this manner, with private drives, in not open  to patrol by them. And is inaccessible by EMS and fire vehicles,  too. Those lots AND their neighbors will pay higher taxes for much  lower service levels.  Thanks again for your questions and input. Good luck to you on your  neighborhood plan. Remember: it's not a legally binding document.
 
Oct 19, from: "Kelley Smoot" <ir003864@mindspring.com>, Subject: [ANCtalk] Dawson Plan Team Meeting: 10/17/00

   Here's an update on the last night's Dawson Plan Team Meeting  (10/17/00). Please forgive if you feel this is a  neighborhood-specific topic and are not interested. As the City  implements Smart Growth zoning changes it's important to document how  zoning is changed on people's home and properties, especially if it  appears that the process is different in different parts of the City.

    Sue Karczewski-Hounsel, City Planner, and Robert Heil, City  Planner and formulator of the Dawson Neighborhood Plan,  attended representing the City of Austin. Two commercial  property owners attended, including former City Council Member  Wesley Pearson and about eight homeowners/residents.

    Cynthia Medlin, Coordinator of the Dawson Neighborhood Plan,  opened the meeting and announced her resignation, effective  that night (10/17/00). Asked when a replacement would be appointed  by the City or voted on by Dawson Neighborhood Association (DNA),  residents Donna Knapp and Kam Magor stated Cynthia Medlin's  position, "Coordinator of the Dawson Neighborhood Plan", was  completely separate from the DNA Executive Committee. This was news because at the general DNA meeting Oct. 3rd,  Cynthia Medlin had stated her title as, "Planning and Zoning  Subcommittee Chairman", and said she would stand for re-election  and nomination at the same time as all other Subcommittee Chairs,  (postponed since Sept. 5th, now scheduled for Nov. 14 -- IF DNA  finishes by-laws and nominates chairmen, tentatively to be elected at  the January 2001 meeting). Kam Magor stated "Well it doesn't matter  whether or not we replace Cynthia since DNA is operating without  by-laws anyway!"

    When resident Kelley Smoot questioned the authenticity or  jurisdiction of any ballot presented to property owners,  changing the zoning of their property, or changing the  overlay of what could be built on their property, or their  neighbors' property, Robert Heil explained neither he, nor  Sue Karczewski-Hounsel, representing the City of Austin, or  DNA were operating under any State law or City  jurisdiction. They (City Staff and Cynthia Medlin, Plan  Team Coordinator) were simply trying to increase property  owner awareness of zoning changes/overlays being recommended  on their behalf to the City Council.

    When Robert Heil was questioned as to availability of  printed copies of the Dawson Neighborhood Plan he said the  City had run out of copies and was reprinting them, due to great  demand. "Thousand of copies have already been distributed," said  Robert Heil. Robert Heil acknowledged that the Dawson  Neighborhood Plan was not available on the Internet at either the  DNA web site or the City of Austin, but was available electronically  in PDF format. He offered to send Kelley Smoot an electronic version  if she wished to print it (at her own expense). City Employee Robert Heil then gave Kelley Smoot his printed, bound  copy of the Dawson Neighborhood Plan and requested resident Kelley  Smoot be less sarcastic in her questioning.

    This is why this next  question was never posed. (Why is Dawson Neighborhood Plan not available on line? If it's  available in PDF format for it not to be available on any web site  indicates distribution is directed towards certain audiences, chosen  by... who? Who are those audiences? Who has received these  thousands of copies already printed and distributed, according to  Robert Heil? It's not the property owners of Dawson, approximately  98% of whom have never seen or approved a copy of the Plan.  Could it be Robert Heil, his supervisors Carol Barret and Austen  Liebrach, have distributed their vision of a future Dawson to  prospective land owners and developers? Where have all the copies  gone?) Sue Karczewski-Hounsel presented two parts of what she  suggested should ultimately be a three part ballot mailed to  property owners.

    The first part listed 6 addresses of  property whose base zoning is recommended as being changed  by Cynthia Medlin's Dawson Plan Team as prepared by City  Employees on City owned computers (see footnote on these  documents for origination.) Council Member Wesley Pearson said that he had owned  property along South Congress for over 50 years and he was  against any changes in any zoning. As one of the property  owners of one the 6 listed addressed whose base zoning was suggested  for change, he was against that. And Council Member Pearson  stated he was against any change of any residential zoning within  Dawson boundaries. "I'd like to leave things exactly as they are,"  Mr. Pearson repeatedly asserted.

    A discussion ensued, where City Planner Sue Karczewski-Hounsel  counseled him that it was all to his benefit that the zoning of his  property change since the City would request it. Mr. Pearson said he  had spent upwards of $50,000 last time the City requested a zoning  change and the City went ahead and condemned his property, paying  him a fraction of its market value, and turned it into the Alpine Rd.  drainage pit.

    Resident Donna Knapp slammed her fist down on the table and  shouted in a loud voice, "I'm tired of this! Can we get back  on track?" Council Member Pearson stood up and apologized  for taking up time and left. Resident and property owner Niko Ilai asked it the owners of  the 6 addresses had been contacted about the change of zoning of  their lots. Robert Heil, representing the City of Austin, said that  it would be "much better if a Dawson resident contacted the owners,"  telling them DNA would be recommending to the City their zoning be  changed, as a base zoning change "wouldn't be right coming from a  City employee". Resident Kelley Smoot noted that the 6 addresses did not  necessarily correspond with one address per/lot as  indicated. Sue Karczewski-Hounsel stated the City had done  all the research they could do and would welcome comments as  to how this list could be improved.

    Kelley Smoot noted the  City of Austin receives much of its income based on TCAD  (Travis Central Appraisal District) property appraisals and  if TCAD could mail out one notice per lot each year for tax  payment then surely the City could correctly identify each  lot and each owner and notify them of the zoning change it seeks on  their property.

    This first section of the mail out presented by City Planner  Sue Karczewski-Hounsel also listed a few prohibited and  conditional uses of Commercial and Industrial property. No  origin of this list was given, nor how it has changed from  current restrictions were given. As examples congregate living,  group homes (Class I, II and General), Exterminating Services,  Residential Treatment, and Outdoor Entertainment would all still be  permitted. How uses would actually be excluded was not explained  although Robert Heil did say that if a prospective property buyer  came forward and honestly announced their intentions to the City,  City Staff would inform them of this list.

    The second part of the mail out presented by City Planner Sue  Karczewski-Hounsel was a 'ballot'. There is a space for  name and address, but no place for lot & parcel number, as  per TCAD's taxing authority. Robert Heil and Sue  Karczewski-Hounsel again gave reassurances that they would  try their very best to make sure that each property owner  got one vote per lot owned (whether the lot was an acre or  5000 sq. ft.), but they had done as much work as they could  possibly do. They intend to simply mail one notice per address and  they assume, without correction from the volunteer neighborhood  association, that it will be correct.

    Kelley Smoot suggested each  ballot be marked with the owner's name(s), address, and TCAD lot &  block number as a means of solving this problem. Robert Heil noted  this request had been made, although both he & Sue Karczewski-Hounsel  cautioned it was unlikely the City would do this.

    Kelley Smoot suggested the wording of this 'ballot' be changed from  "I Support" and "I don't support" zoning changes to a wording  indicating that the signer of this ballot was giving approval or  disapproval to alter the zoning of their property and their  neighbors. Resident Russell Allen said the wording was sufficiently  clear as, "Anyone opening up their mail, reading through all this  [approx. 9pages] and bothering to vote would know what they were  doing."

    Cliff Martinez, owner of Ben White Florist, suggested that a  "Pro and Con" cover sheet be sent out with the ballots and  this was discussed and accepted by Sue Karczewski-Hounsel  and Robert Heil. Cliff Martinez suggested that Kelley Smoot  be involved with the writing of this fact sheet. Kelley Smoot asked City Employee Robert Heil how many  ballots had been returned for the Dawson Neighborhood Plan.  It was not clear but the percentage of ballots returned was  either 10% or 16% of the total (residents or property owners?) of  Dawson Neighborhood. Robert Heil indicated that these [percentage]  returns were very good and such percentages would be used in future  ballots, such as the re-zoning and infill zoning being discussed, in  recommending to the City Council and Mayor the wishes of the  majority of the neighborhood.

    Kelley Smoot asked if these ballots would be available for  public inspection and copying at City offices. City Employee  Sue Karczewski-Hounsel said that they discourage the copying  of any ballots. She added they could make them available at City  offices, if someone could make an appointment at a  convenient time to view them in City offices. Sue  Karczewski-Hounsel added that it costs $0.10 per page to  copy city records, it takes up staff time and effort and  that is why copying of records is discouraged. Resident Jerome (Jerry) Garvey said that all of this was NOT a  discussion of "zoning changes". There were no zoning changes being  conducted (outside of the "six" addresses whose base zoning was  changing) but this was a discussion of offering more "options" to  property owners as to what could be built on their land. Jerry Garvey also pointed out that the City and DNA had done all it  was capable of doing to notify residents of these 'infill options'  and that if someone didn't like it they could take whatever legal  action they felt necessary to stop the City and/or DNA.

    The meeting was adjourned at approximately 7:55pm, as  announced by Cynthia Medlin at the start, so that the  Presidential Debates could be viewed. No vote was taken upon presenting the City documents as  offered by City Employee Sue Karczewski-Hounsel as a ballot  to residents. No subsequent Dawson Plan Team meetings were decided upon or  announced. No replacement for Cynthia Medlin as Team Leader or  Coordinator was discussed.  The Dawson Neighborhood Association (DNA) continues to  operate without by-laws. No Executive Committee of DNA has been nominated or elected  since Sept. 1999. As transcribed from an audio cassette tape, Kelley Smoot