Latest News and Updates

Information Hearing (Feb 11)

However, it is important to understand that AISD and OHT Partners are not interested in our input and are not going to negotiate at this meeting. OHT is committed to building 435 units and AISD eliminated any chance of negotiation (at this time) by suing its constituents to try to negate deed restrictions that forbid this development.

We are all upset about this situation and AISD's actions. While it's okay to be angry, we encourage you to remain civil and rational during these events. Being antagonistic does not benefit us and plays into the hands of those spreading false narratives that we are just selfish NIMBYs who oppose any development of the school site. Our opposition to this development plan is rational and justified, and it works against us to be viewed in any other light. The best thing we can do learn as much as we can.

Rezoning Hearing (Feb 17)

Play Fair with Rosedale leaders will make a formal request to postpone the zoning hearing indefinitely and will be at the hearing to make our case for why. In our view, it is a waste of everyone's time to consider rezoning until the court case is resolved. If that fails we will argue the application on its merits.

What can you do?

1. Email to Zoning and Platting Commissioners urging them postpone AISD's rezoning application and voicing your opposition to the project. You will find email addresses on this webpage under the Member Roster tab. Key points are:
   
   
   1. The rezoning application should be postponed indefinitely because rezoning is not ripe for a decision and it is a waste of city time and resources to proceed at this time. AISD has sued its own constituents to try to make this development possible and the courts will ultimately decide whether this development is viable, regardless of any zoning decision. Multiple parties are involved in the lawsuit and the case will be tied up in court for many months, perhaps years.
   
   
   2. Voice your opposition to the project itself. Include your personal views while reinforcing the arguments we have already made publicly. These include:
      
      
      1. A development of this size, completely inside a neighborhood, is unprecedented in Austin.
      2. It is reckless to build a six‐story maximum density apartment that no direct access to any major road.
      3. It is dangerous to Rosedale residents to funnel a huge number of additional cars other vehicles through three narrow neighborhood streets.
      4. See Play Fair With Rosedale positions page for more content ideas you might want to include.
      
      
2. Sign up for a Play Fair with Rosedale t‐shirt and wear it at the rezoning hearing wearing it! Request your shirt by completing our short form. There are 100 t‐shirts available and it's first come, first served. They are not for sale, but there is a suggested $20 donation to help cover costs. Use the GoFundMe page to donate what you can after you receive a t‐shirt.


3. Sign up to speak after Play Fair with Rosedale leadership has made its case. It is not necessary for you to speak. Just being there makes a statement. But, if you wish to speak, sign up in advance. You will find instructions on the agenda when it is posted on the commission's agenda page. We will also share that information when we have it.

   If you decide to attend or speak at the hearing, please remember to remain civil and adhere to the decorum required of a public meeting. Doing otherwise damages credibility. Some rules of conduct for public meetings include:

   • Decorum: Don't speak out of turn, use abusive language, or make violent threats.
   • Speaker Registration: You must register to speak using the system provided by the governmental body.
   • Adhere to Time Limits: The chair may limit speakers to three minutes each.

Finally, please remember that our best hope lies in the court case and that winning on rezoning was always going to be an uphill battle. But it is not one we will concede without a fight and being heard.

1. Vote “Yes” and allow the demolition, with the limited conditions. Commissioners made it clear they didn't want the building demolished, but felt that this proposal would preserve some tiny part of it.
2. Vote “No”, which would automatically trigger Historic Zoning hearings at Planning Commission and City Council, where they acknowledged that it was overwhelmingly likely that the result would be demolition with no conditions.

Was this outcome a surprise?
No. This outcome was expected. It was inevitable that the commission would eventually approve the proposal because it has no real power to stop a demolition permit or even delay one for long in most situations.

Does this mean that demolition will start immediately?
No. OHT has administrative hoops to jump through, including submitting architectural documentation of the building to comply with the Historic American Buildings Standards before the city issues a permit. Also, it will be very expensive to remove this building and OHT does not yet own it, so it seems unlikely it would spend that much money on something it does not own. Finally, there are also legal questions as to whether AISD has clear title on nine of the 27 lots it has contracted to sell to OHT.

Zoning hearing

Here are some key points from his response to AISD's petition:

• AISD has the burden of proof and has failed to do so.


• The court lacks jurisdiction to make a declaratory judgement at this time, partly because AISD sued some people it should not have sued and did not sue others who have standing in the case.


• AISD is barred from obtaining a judicial decision on the deed use restrictions of the nine lots it purchased in 1946 for the school's expansion because it violated the deed restrictions at that time by failing to seek unanimous approval of its neighbors to use those lots for any purpose other than a residence. This failure triggered a clause in the deeds that reverts ownership to the sellers or their heirs. Therefore, AISD does not have clear title on those lots and the sellers' heirs can claim the lots and must be parties to any litigation.


• AISD's petition does not specify which of the four enforceable (non‐voided) deed restrictions it is seeking a judgement on, nor the breadth and scope of the declaration it is seeking.

Last month, the commission postponed a decision at the request of Play Fair with Rosedale members. AISD and OHT are pushing for permission to demolish the old school before any site plans for its replacement are approved, before zoning changes are considered, and before the lawsuit over deed restrictions is resolved. Our position is that it is premature to demolish the historic school before these hurdles are cleared as it could be years before anything replaces it.

Up to now we have been denied access to new documentation provided to the commission by OHT on their specific plans for retaining or reconstructing a portion of the building's façade. They are expected to be made public just a few days before the meeting.

The agenda and other backup materials are available on the commission's website.

Being served notice starts the clock on the deadline to respond to AISD's request for a court judgement to clear the way for a high density apartment building on the grounds of the old Rosedale school property. That deadline is 10 am on the first Monday following 20 days after you are served.

BTW, it's not too late to sign on with Play Fair with Rosedale Attorney Renea Hicks to represent you. He is currently representing 26 defendants and will be meeting with them this weekend as he prepares his response to the court. All legal expenses are being paid for with donations. If you want Renea to speak for you, please contact Laura Norton (lnorton@austin.rr.com) or Carl Reynolds (cvr1959cr@gmail.com) or (carlvr77@yahoo .com). For questions contact Chris Allen (sartexas@gmail.com).