BIG VICTORY! KEEP UP THE GOOD WORK!

Hi Friends of UT,

The CPC votes were counted and we have finally seen that the strangle-hold of misinformation and disingenuous efforts are being chopped down.

Out of the 293 people who were mislead and coerced into signing the petition to begin the process, 113 of our neighbors learned the truth about the overlay and what the proponents are actually trying to do to us.

Therefore, only 180 people voted for the overlay. That is a drop of 39%!

Thank you for taking the time to learn what effect this will have on your property and the potential irreversible effects that this will have if passed.

Let's keep up the good work.

Ballots are Out.

Please remember to vote as your ballots come from the City of Dallas regarding the NSO - the only way your voice can be heard is if you vote. Don't sit and do nothing - your vote counts!

Don't listen to the line everyone else is doing it. Like your mother always said, "Would you jump off a bridge if you friend did it too?"

Please DO NOT hand your ballots over to people collecting them. It is not proper procedure and you risk having your vote not counted. I've seen people in the neighborhood collecting ballots and its been reported. Please mail them yourself.

I love University Terrace!

I received a letter in the mail today regarding the Proposed Overlay. I was shocked at the comparison of our homes to $80 million dollar Van Gogh’s and an innuendo that without an overlay we will have people living in our neighborhood that drive Harley motorcycles with no mufflers.

Pro NSO groups are pitting neighbor against neighbor. I have a great love for the people in our neighborhood. I didn’t lose friends and I didn’t have my kids ask me why people all of a sudden won’t talk to us during the presidential election, but its happened now regarding the overlay.

My husband and I talked to a member of the Dallas City Council today. They stated clearly that a two-story home could NOT be built with the restrictions on this proposed overlay. An attic addition with a pitched roof is about the best that you can do in regards to expanding up. The average 2-story home is 20 ft tall without the roof.

I have asked David Cossum with the City of Dallas, that direct question, but have not gotten a straight answer. Only a comment and I am pasting directly from the email.

“I believe the 20 ft. height slope will allow for second for additions, with the proper design, which may push such an addition back on the lot, but would allow it.”

Notice the word believe – and the phrase push back. (Why doesn’t he know? His title is: Assistant Director with Development Services) Which in normal terms means the second story addition cannot be flush with your current façade.

An NSO will not protect you from insensitive neighbors; it will not protect you from an ugly unsightly house because it does not regulate style.

Van Gogh?

I did not know we had a Van Gogh in our neighborhood.

NEWS FLASH

Talked with our city council person today and even he agreed that this 20ft. height is not enough to build a true 2 story home. But yet Pro is telling people you can build a second story. Wow!!!! Just another bit of misinformation being spewed out.

An Overlay places additional restrictions or encumbrances on your property.

Encumbrance is defined by Webster as:

1. something that encumbers; something burdensome, useless, or superfluous; burden; hindrance
2. Law. a burden or claim on property, as a mortgage.

An Overlay will affect the value of a major financial asset – YOUR HOME. As you will see above property values are not decreasing they are increasing. Whether you want to sell your home now, later or never its value is an important part of your financial planning. The less freedom and control you have over your property, the less marketable value it holds.

An Overlay will only restrict certain building options. It will not dictate quality, type or style of construction. While you may think this will maintain your neighborhood to the degree it is now, there is NO GUARANTEE that will happen.

Property Values ARE Increasing.

Property Values are increasing.

Since 2005 our average sold price per square foot has increased each year.

· 2005 Sales show an average sold price per square foot of $125.24
· 2006 Sales show an average sold price per square foot of $131.99
· 2007 Sales show an average sold price per square foot of $138.58
· 2008 Sales show an average sold price per square foot of $142.90

All this with NO NSO. There is no guarantee that sale prices will continue to grow if restrictions are placed on your property.

Another Response to Mr. Riley

Mr Riley : responses to your questions/comments

1-“And all you folks on the Opposition side do work in real estate.”

Answer:

Who do YOU work for? Your“facts” show that you have spent a lot of time on this matter. Are you an NSO professional , an urban planner? Are you qualified to predict future building and real estate trends?

2-“Where have you folks been in the last 18 months “

Answer: We all have jobs, families, busy lives, we do not have time to start and campaign for a petition to tell our neighbors what they can do with their own homes.

We have also been keeping up with the news. We are concerned about our financial security and the last thing we want to do is hand over the property rights to our major financial asset, our house, to the City of Dallas.

If you have been working on this NSO for 18 months I would suggest that you revise your position given the CURRENT situation. Nothing is what it was18 months ago.

Martine Burlinson

Waiting for an answer.

Since this post wouldn't dare be published on the pro side site I'll put it here. This has been mentioned before but with no response. In the beginning, why is it that the pro side only said "do you want Mc Mansions next to you?" And told people "that every one else has signed it" Those two statements with no information. I too was approached in this manner as were many people. They just can't answer as to why this was done. They don't want to admit that was their only way to gain support. By lying and misleading people. Sure......you have a large percentage for it because you lied to them. I have NO respect for any of the people who started this in this manner, NONE!!! While it may not do any good now, I'm gonna make sure that the city knows just how you went about this. And once again.....THIS IS NOT THE M STREETS you bunch of idiots!!!!

Flyers

Why have the pro NSO decided not to show us their flyers? We gave them ours. What are they afraid of?

M Streets....are you serious?

The pro NSO are comparing our neighborhood to the M streets? Hey......my apple is the exact same as my orange. I don't think so. This is the kind of thinking that is gonna get this thing passed? This is the kind of thinking that had convinced so many people to sign in the first place? This is the kind of thinking that is deciding on the future of our neighborhood? It's a sad state of affairs when being ruled by idiocracy.

Giving Away Valuable Rights

When you own property, you own a "bundle" of rights associated with that property -the right to occupy the property, the right to exclude others from the property, the right make decisions about how to use the property, the right to make improvements to the property, the right to sell and exchange the property.

When the government places restrictions on your rights, you are effectively giving up rights to your property. When you purchase property, you have the right to know what rights you are buying and what rights you are not buying.

We bought our home in University Terrace knowing that there were restrictions on our property - for example, we could not turn our house into a multi-family dwelling. We could not use our property as a restaurant or store. We knew there were restrictions in place regarding the kind of building structure that could be on our property. We found these restrictions to be acceptable, and purchased our home according to those restrictions.

The restrictions in place already are sufficient to ensure that zero lot line mansions are not built next door.

With the proposed overlay, we would be giving away valuable rights to our property, with nothing to gain. The additional restrictions outlined in the overlay further impede the rights I have in my property.

This is serious.

Ask yourself - what exactly are you getting in return for giving away significant rights of ownership? What exactly are you getting in return for the government telling you what you can and can not do with your property?Whether you plan to use those rights or not - that's up to you, for now. If the overlay passes, you no longer have the option of using those rights or not.

I simply can't be in favor of giving away any more rights from the "bundle of rights" associated with my property.

It is About Property Rights - NOT McMansions

I am a University Terrace homeowner, I been for over a decade. I waited, and waited until I found a home my husband and I could purchase because this was the neighborhood I wanted to be in - hands down my first choice. I have been happy here; I'm raising my children here. I love the location and its easy access to just about anywhere and I’ve always enjoyed my neighbors.

My opposition to the proposed overlay is strictly a property right issue. I am NOT fighting for new construction. I am NOT fighting for 3 stories and I am not “in-bed” with the builders as some of you have implied. I did speak to a builder – he does not want to come in and build “up-side down” houses in our neighborhood. This builder does not build in this area, but has 40+ years of experience and I was drawing on that experience.

I encourage every one of you to get involved. I encourage you to read what is actually being proposed, because this overlay is NOT a fight against McMansions. This is a fight about property rights. YOUR PROPERTY RIGHTS. I bought my property with a certain amount of restrictions already in place by the city, I don’t want additional restrictions and encumbrances placed on my property that might adversely affect my property value.

I don't appreciate being vilified for my opinion. Instead I ask for the residents of the University Terrace to truly understand what the ramifications could be if an overlay were to pass. Please think of the big picture logically and with the benefit of gathered knowledge. Research this subject; do not make a rash decision based on emotion and misinformation.

Response to Steve Riley on Haverford

Sorry for the delay in responding, but I don’t manage this site; another Friend of UT does.  Therefore, I don’t know when posts are made.  Regardless, since this comment was more directed towards me, I will take the opportunity to respond.

 First, Thank you for engaging this matter in debate, Steve.  

 

To date, much of this process has been pushed through the neighborhood without any forum for opposition.  The meetings that many of us attended did not provide us an opportunity to ask questions or really consider the issue until now.

 

The goal of this media is to provide a vehicle for all of us opposed to the NSO to "come out of the shadows" together and ultimately a forum allowing free and open discussions of the issues.  Encourage all your friends and neighbors to read this blog.  We have nothing to hide and welcome a democratic process rather than having this forced upon us.  Please recognize that this is just that, an open debate regarding the issues and not a place to make personal attacks.

 

With that in mind, again let me stress that this is not a "Me vs. You" issue.  This is a neighborhood issue.  But since I have chosen to be more active in this matter, let me speak strictly on my behalf. I have nothing to hide and I have been fully open to all the residents that I have addressed on the subject matter.  To clarify:

 

1.  I, personally, am not a realtor, understood as a residential realtor.  Rather I work in commercial real estate, whereby I help my clients negotiate fair and equitable contracts.

 

2.  Individually, my house is for sale.  We are moving to a larger home, as we have out-grown our current home.  We have gone through the process and have come to the conclusion that it's not cost-effective to build onto our current home, so we are leaving.  A factor that will be emphasized with the restrictions of the overlay.

 

3.  While walking the neighborhood with our children, I have asked several neighbors whether they are in favor of the NSO.  Many(too many for me to overlook) have said that they were misled into signing the petition.  You quote 71% of the neighborhood support this, but that number has dwindled quite a bit when more facts were given.  Keep an eye on the number of signs that are going up.

 

Yes, my career is founded on attempting to even the playing field, so I took offense to this situation and decided to see if there was enough opposition to further the debate.  I personally feel more strongly about our neighborhood being directed by a small majority, than the overlay issue at hand.  If it is the neighborhood's will to pass this, then fine.  We are moving.  However, if there is not an overwhelming ratio requesting this overlay, then the residents should not be forced to give up the property rights they had when they purchased their homes in the beginning.

 

Again, ask anyone that I personally have approached and you will likely be told that I prefaced all my comments with full disclosure.  Also ask your neighbors with whom we have interacted, we believe that this neighborhood is a fun place.  We participate in the Halloween and 4th of July parades and spend a considerable time at the Ridgewood Rec Center park.  We have truly enjoyed our time here.  It is not MY purpose to disrupt the enjoyment of the neighborhood.

 

You too state that "All experts agree, this type of ordinance is too new to provide any meaningful statistics.”  Yet you seek to implement this overlay and bind all current and future residents to the ramifications of the proposed zoning.

 

Yes, I have spent much time speaking with developers, contractors, residential real estate agents, title and mortgage professionals AND people who are looking to purchase a home.  Almost all of them have said they would not purchase a home that has an overlay and consider that a detraction.

 

I also appreciate that you have looked into the property values and break-downs, as many people have questioned that very issue.

 

Yes, the property values in that neighborhood have shifted from structure to site-value.  That is a fact that cannot be denied.  We have to understand that the city decides the taxable value of neighborhoods.  We don't.  We have some influence by appealing the process, but when the values are actually derived through valid comp's, we can't argue with facts.

 

However, keep in mind that a home only has value if it is purchased.  If such a structure were to be built in our neighborhood, will it sell?  I don't know, but personally, I value our backyard.  As they have too little of one, I wouldn't buy it if it was in UT.

 

On the flip side, there are several "scraper" houses in our neighborhood, specifically two on Bucknell.  I am thankful they aren't my neighbors, and hopefully no offense to those who do live next to them.  These examples are in such disrepair/abandoned, that I worry about vermin infestations.  Do you think that someone will be eager to come in and rehab those to current specifications?  They haven’t done so yet!  How many more are there that have more serious conditions which are not outwardly visible?

 

Thank you and to everyone that I personally have spoken with for engaging this debate.  It truly is very important to all the residents of UT.  If anyone has questions for me specifically, reach out to me.  If there are other questions that you have, keep reading.  My hope is that all the issues will be raised and a resource will be provided to everyone to make an informed decision.

 

Warmest Regards,

Jack Ormberget

one Friend of University Terrace

From a Builder's Prospective

I have talked to a builder who gave me some interesting information saying those most hurt where there is a NSO is Estates as most of those homes have not been updated/maintained and the beneficiaries are unable to sell these properties 1) because builders won't choose to build in an area with an NSO as it is such a hassle and 2) because the trend in real estate is to buy updated and most Buyer's with the exception of investors don't want the hassle of updating. The beneficiaries have trouble selling the property and in the long term it costs them money.

His direct quote: "It kills progress."

From a Dallas Realtor

First, I have heard proponents of NSO’s say it will help preserve the neighborhood property values. Then I have heard others say it is to preserve the “character” of the neighborhood. Well, which is it? Values or character? Show me an “inner city” neighborhood where builders have torn down old homes to build newer and larger homes and the values have actually decreased below where it was before they started. Preston Hollow, Park Cities , Midway Hollow, Lakewood and Lakewood Heights certainly don’t seem to be hurting from it when it comes to increasing property values. Lake Highlands has even started this trend in certain neighborhoods.

Jeff Duffey, Realtor

Top 5% in production nationwide in '06, '07 & '08

Coldwell Banker Residential Brokerage

Park Cities Office

University Terrace – Neighborhood Overlay: Myths & Realities

1. What’s happening in our neighborhood? Neighborhood Stabilization Overlay

There has been a call to action by a few residents in our neighborhood to move the Dallas City Council to hear and vote on a “re-zoning issue,” which is a voluntary limitation to your rights as a property owner in the University Terrace neighborhood.

• This is over and above the existing deed restrictions.
• This is over and above the existing zoning restrictions

If this passes, these restrictions CANNOT be undone. You WILL BE STUCK with whatever effect they have on the value of your home and future generations of homeowners in University Terrace.

This is a tremendously important issue as it affects the value and marketability of your home; your largest asset. Many people don’t completely understand what an overlay will do, or have only heard one side. It is in your interest to educate yourself and fully understand what is being discussed.

2. What is an overlay? Legal Zoning Restriction On you Deed

An overlay is a zoning restriction applied over the existing zoning restrictions. It limits what you can do with your property and has the force of law behind it.

Simply put, an overlay is a SURRENDER of some of your property rights.

The City of Dallas describes this ordinance on their website at
http://www.dallascityhall.com/development_services/neighborhood_overlay.html

The ordinance can be found at http://www.dallascityhall.com/pdf/DevSvcs/Ordinance_26161.pdf

An overlay can regulate how close to the boundary of your lot your house or any structure can be placed. It can also regulate whether your garage is attached or detached, where your garage is placed relative to your house and how you can enter your garage. However, in this instance the NSO revolves around regulating the height of any structure built on your lot through a complicated mechanism called the "Height Plane".

Once applied, an overlay cannot be removed.

It may be possible to create a replacement overlay with fewer restrictions, but only after a two year waiting period. This would require repeating the entire application process including forming a committee, the petition, the public meetings, the balloting, the zoning hearing and the council hearing. Even then it would still need the city council to approve the replacement.

3. How will this affect the value of my home? Unknown!!!

The truth is that nobody knows, but many real estate professionals have weighed-in on the subject:

Ms. Tama Cole of Briggs-Freeman states: “,,,When you buy property, much like a car, the house immediately begins to depreciate because of age. The only appreciation is in the land. If the land is restricted, making it hard for builders to construct new houses and make a profit, then your land will not appreciate. ,,,”

All experts agree, this type of ordinance is too new to provide any meaningful statistics. However, the overlay ordinance has no procedure for withdrawal or reversal. This means that if it succeeds, whatever effect it does have on the value of your home, you will have no way of stopping it other than starting an entirely new overlay petition. Therefore; logically, what is likely to happen?

If a buyer has a choice between two similar houses and one has a restriction placed on it, that buyer knows that if he buys the house with the restriction, he will have bought the house that is more difficult to sell. It is logical to assume that he will either offer a lower price to offset the restriction or simply buy the unrestricted house.

Simply put, the market value of the house is a function of the ability to sell that house. If it becomes more difficult to sell a house, its value will go down.

Read what the Dallas Central Appraisal District says about calculating Fair Market Value:

The buyer will also be looking at different neighborhoods and comparing them. He will seek out vibrant ones and avoid stagnant ones because stagnation is the start of decline.
• Would YOU buy a house with extra restrictions placed on it?
• Would YOU move into an area where your neighbors knew it didn't make sense to invest money in home improvements?
• Would YOU move into an area of old houses that were unlikely to be updated?
If you wouldn't do these things, then why would a potential buyer do them? It's logical therefore to assume that if this overlay gets passed, your house will lose value, it will become difficult to sell and you will see the neighborhood start to deteriorate around you.

It's getting more and more difficult to sell houses, mortgage lenders are tightening their requirements, housing starts are down, foreclosures are up, prices are flattening or falling, so why would you want to make your position in the market any more difficult than it already is!

4. Won’t this help keep my taxes down? Maybe, but not the way you would hope!

In fact, if you are an owner/occupant your house and are claiming a homestead exemption your taxes are already limited in the amount they can go up.

If you are 65 or over and are claiming the Over 65 exemption, the DISD portion of your property taxes (by far the largest part of your tax bill) cannot be increased.

The Texas Property Tax Code provides that the maximum increase in a home owner's assessed value is 10% per year times the number of years since the property has been appraised. If you protest your assessment, the property is considered to have been reappraised. In short, protesting your Property Tax Assessment every year will ensure that your taxable value will only rise by a maximum of 10% every year. No overlay necessary.

Remember: Taxes are not an issue in whether or not an overlay is beneficial for our neighborhood. The only way an overlay can lower your taxes is by drastically reducing the value of your property.

5. What should I do? Act as you believe by voicing your position.

PLEASE take the position that YOU believe will be the best for your situation! But On/around April 20th, homeowners (on Dallas County Tax records) will be asked to return a Green Ballot to the City Planning Commission signifying your support/rejection of this proposal. If you don’t respond, you are allowing a minority to determine your future rights.

Please understand that this vote is not about “McMansions,” as our current set-back and existing deed restrictions prohibit the dreaded “Zero-lot”/”Garden-style” homes that tower over their neighbor. It is also not about saving our trees. Again, the existing set-backs protect the trees that were planted in accordance with the zoning.

Rather, this is an attempt to keep the University Terrace neighborhood “status-quo.” Supporters of the NSO state they are not attempting to limit growth and that additions can be made to your home. But the reality is that many of our foundations can’t support cost-effective vertical growth and first-floor extensions would consume the little backyards that our families and children presently enjoy.

The reality is that no successful builder will be interested in demolishing the existing structure and rebuild it to the standards of the 1950’s budget-Fox & Jacobs specifications. Therefore, our neighborhood will be locked in the 1950’s with no hope of revitalization, growth or improving the tax base.