The history of how a lot of this started can be chronicled at edcone's blog CLICKHERE or click on the title above.In a section on right hand side of blog is the categories section where Protest Petitions is there.
Back on February 2, 2008 a lively discussion got the blogosphere on board as to why and how Greensboro was exempted from Protest Petitions.Then Ed Cone suggested you need to get a blog, sure why not.
It is coming up to close to a year since the blog has been in existence and with over 88 post since last year it is amazing how far it has come.
This blog is dedicated to all the people of Greensboro who for over 37 years have not been getting a fair shake in the zoning process with this exemption of Greensboro from Protest Petitions.
This blog will not let up until we get confirmation from our State Legislators that a bill has been signed and Greensboro abides by Protest Petitions in the zoning process.
It is hard to thank everyone personally as to their commitment on restoring Protest Petitions to Greensboro. Please note that it was a joint effort by a lot of people who made this happen.
The next step in this process is to let your state legislators know how important this is to bring this back to Greensboro.
Have a great day and thanks to the blogosphere who has been there since day 1.
Jan 29, 2009
Jan 27, 2009
Make A Statement Show Up at Joint Meeting Between Greensboro City Council and Guilford Delegation of State Legislators
DATE: January 27, 2009
TO: Mayor & City Council
FROM: Mitchell Johnson, City Manager
SUBJECT: ITEMS FOR YOUR INFORMATION
Meeting with Guilford Delegation
On Friday, February 6 staff will hold a technical briefing with the Guilford Delegation to Raleigh to review Annexation and Jordan Lake policy, both major items of concern for the city. We will also take the opportunity to encourage the delegation to protect state-shared revenues for municipalities as they look at the budget for this year and next, share the City’s legislative agenda and economic stimulus projects. This meeting is part of our on-going legislative advocacy efforts.
________________________________________________________
This would be a great time to let your State Representatives know that you want Protest Petitions back in Greensboro as State Law mandates.
TO: Mayor & City Council
FROM: Mitchell Johnson, City Manager
SUBJECT: ITEMS FOR YOUR INFORMATION
Meeting with Guilford Delegation
On Friday, February 6 staff will hold a technical briefing with the Guilford Delegation to Raleigh to review Annexation and Jordan Lake policy, both major items of concern for the city. We will also take the opportunity to encourage the delegation to protect state-shared revenues for municipalities as they look at the budget for this year and next, share the City’s legislative agenda and economic stimulus projects. This meeting is part of our on-going legislative advocacy efforts.
________________________________________________________
This would be a great time to let your State Representatives know that you want Protest Petitions back in Greensboro as State Law mandates.
As Clear As Mud by Allen Johnson at N&R
Greensboro News and Record Allen Johnson on his blog called "Thinking Out Loud" has this new post titled "As Clear As Mud", CLICKHERE . On the latest happenings on Protest Petitions for Greensboro.
Jan 26, 2009
City of Greensboro Memo Then Sends Out a Clarification
Right to protest petition could be reinstated.
Greensboro residents' exemption from the right to file protest petitions over rezoning issues has caused much debate in our community. At its meeting on Wednesday, January 21, City Council discussed the issue in depth and agreed to consider adding that issue to the legislative agenda.
The protest petition provides that five percent of property owners in an area can protest a rezoning on nearby property. When that occurs, a supermajority of Council must vote in favor of the rezoning if it is to occur. Greensboro was exempted from the law in 1971.
The protest petition, which is granted under state law, says if five percent of property owners in an area sign a rezoning petition, a supermajority of Council must say yes to approve it. Greensboro was exempted from the law in 1971.
To get the ball rolling on restoring the petition, Council requested that the Greensboro Neighborhood Congress and real estate industry representatives develop a compromise version of the petition for consideration in February. If Council approves that version, it will be sent to the state legislature as part of the City's legislative agenda.
At its meeting,
Council also:
Voted to delay a decision on a proposed five-story, $3.6 million building at 324 S. Elm St. until its February 3 meeting. The project, which is proposed by LindBrook Development Services, met strong opposition from other downtown businesses because the developer wants to lease part of a City parking lot for outdoor dining. Current business owners say they can't afford to lose any parking. Council will hold a special meeting on the issue on Tuesday, January 27, at 5 pm (see "Did You Know" on right for more details).
Voted to continue a rezoning request for a new self-storage facility on Fleming Road . Residents in that area oppose the request because it would place the facility in the middle of a single-family home neighborhood. Council directed the developer to meet with residents to resolve issues before a decision is made on the matter.
To view the entire meeting or past meetings, visit City Council's video archive page.
BELOW THE FOLD IS A CLARIFICATION from City of GREENSBORO
________________________________________________________
Clarification of "City Council Action Wrap-Up" on Protest Petition Issue
At Wednesday night's City Council meeting, the Council voted to ask the State Legislature to reinstate the protest petition for residents of Greensboro . Separately, Council asked the Neighborhood Congress, the League of Women Voters, and TREBIC to try to reach an agreement on changes that could make both sides comfortable with the legislation, specifically in the percentage of nearby property owners required to trigger the supermajority vote. If that agreement is reached by February 3, it will be submitted as a local bill along with the request to reinstate the protest petition in Greensboro .
________________________________________________________
What part of State Law does the City of Greensboro not understand. The Guilford delegation should thank the City of Greensboro for trying to come up with their own TREBIC lead compromise see through the charade and make them comply with the rest of the state. We will see where this process goes from here but any delay will deny the citizens of Greensboro the right to use Protest Petitions in the zoning process. As you can see from the first headline on City of Greensboro connections page it says "Right to Protest Petiton could be reinstated" with the emphasis could be in title. Stay tune and we will see what the State Representatives have to say on this issue.
Greensboro residents' exemption from the right to file protest petitions over rezoning issues has caused much debate in our community. At its meeting on Wednesday, January 21, City Council discussed the issue in depth and agreed to consider adding that issue to the legislative agenda.
The protest petition provides that five percent of property owners in an area can protest a rezoning on nearby property. When that occurs, a supermajority of Council must vote in favor of the rezoning if it is to occur. Greensboro was exempted from the law in 1971.
The protest petition, which is granted under state law, says if five percent of property owners in an area sign a rezoning petition, a supermajority of Council must say yes to approve it. Greensboro was exempted from the law in 1971.
To get the ball rolling on restoring the petition, Council requested that the Greensboro Neighborhood Congress and real estate industry representatives develop a compromise version of the petition for consideration in February. If Council approves that version, it will be sent to the state legislature as part of the City's legislative agenda.
At its meeting,
Council also:
Voted to delay a decision on a proposed five-story, $3.6 million building at 324 S. Elm St. until its February 3 meeting. The project, which is proposed by LindBrook Development Services, met strong opposition from other downtown businesses because the developer wants to lease part of a City parking lot for outdoor dining. Current business owners say they can't afford to lose any parking. Council will hold a special meeting on the issue on Tuesday, January 27, at 5 pm (see "Did You Know" on right for more details).
Voted to continue a rezoning request for a new self-storage facility on Fleming Road . Residents in that area oppose the request because it would place the facility in the middle of a single-family home neighborhood. Council directed the developer to meet with residents to resolve issues before a decision is made on the matter.
To view the entire meeting or past meetings, visit City Council's video archive page.
BELOW THE FOLD IS A CLARIFICATION from City of GREENSBORO
________________________________________________________
Clarification of "City Council Action Wrap-Up" on Protest Petition Issue
At Wednesday night's City Council meeting, the Council voted to ask the State Legislature to reinstate the protest petition for residents of Greensboro . Separately, Council asked the Neighborhood Congress, the League of Women Voters, and TREBIC to try to reach an agreement on changes that could make both sides comfortable with the legislation, specifically in the percentage of nearby property owners required to trigger the supermajority vote. If that agreement is reached by February 3, it will be submitted as a local bill along with the request to reinstate the protest petition in Greensboro .
________________________________________________________
What part of State Law does the City of Greensboro not understand. The Guilford delegation should thank the City of Greensboro for trying to come up with their own TREBIC lead compromise see through the charade and make them comply with the rest of the state. We will see where this process goes from here but any delay will deny the citizens of Greensboro the right to use Protest Petitions in the zoning process. As you can see from the first headline on City of Greensboro connections page it says "Right to Protest Petiton could be reinstated" with the emphasis could be in title. Stay tune and we will see what the State Representatives have to say on this issue.
Jan 25, 2009
She Made Me Post This or She Would Not Speak To Me Again
Citizens of Greensboro are fortunate to have the strong voice of the Coalition of Concerned Citizens to advocate for your interests. I commend Keith Brown for his power-house efforts to promote the long over-due Protest Petition that unfortunately has been compromised by City Council.
The undue influence of property developers and corporate interests in local government is not representative of the population at large and diminishes the public trust and threatens private property rights. Financial systems and democratic government are ultimately based on trust of the administrators, and clearly can and will collapse when administered by avaricious, unethical individuals. When this issue comes before the Guilford delegation of the NC General Assembly, I believe they will wisely support the request of "the people".
Cathy M. Poole
1607-A Squire Davis Road
Kernersville, NC 27284
Phone: 336-869-0256
cathypoole@northstate.net
The undue influence of property developers and corporate interests in local government is not representative of the population at large and diminishes the public trust and threatens private property rights. Financial systems and democratic government are ultimately based on trust of the administrators, and clearly can and will collapse when administered by avaricious, unethical individuals. When this issue comes before the Guilford delegation of the NC General Assembly, I believe they will wisely support the request of "the people".
Cathy M. Poole
1607-A Squire Davis Road
Kernersville, NC 27284
Phone: 336-869-0256
cathypoole@northstate.net
Fox 8 WGHP on Protest Petitions
Fox 8 WGHP has a segment about Protest Petitions, CLICKHERE , or click on the title above. Donna Newton said somebody mentioned using Protest Petition's well that somebody has been on board since day 1 and his name is Keith Brown.
It is time that the state legislators will see through this compromise crap and make Greensboro comply with the law.
It is time that the state legislators will see through this compromise crap and make Greensboro comply with the law.
Jan 24, 2009
Lead Editorial Greensboro N&R "Filling In The Blanks" on City Council's Staged Compromise
Lead editorial in the Greensboro News and Record today Sunday January 25, 2009 with the headline "Filling In The Blanks", CLICKHERE or click on the title above.
Here is a few quotes from the lead editorial
"At least give the backers of protest petitions credit for finally budging the council on this issue. But they could have accomplished even more if they had stuck to their guns, called the council's bluff and forced a yes or no vote with no asterisks attached
The bad news is that the council's vote lacked clarity and is missing the most critical aspects of the law: exactly what it will say.
Sometimes a simple question deserves a simple answer. Either you are for the protest petition or you are against it. The council skirted making a clear-cut call and settled for indecision over leadership.
And ambiguity over clarity.
______________________________________________________
What part of state law does the Greensboro City notunderstand. I hope the Guilford delegation at the state level will see through this charade and pass a bill to make them comply with NCGS 160a385 and 386 then let the TREBIC CARTEL lobby the whole state to change the law .
This special compromise is a joke and needs to be called out. It is amazing to see that they don't like the bill and want it changed even though in the past 37 years they have never even had protest petitions and haven't even tried it in the zoning process. How can you as a council make the decision that the threshold is too low when you have never even done it in over 37 years.
Amazing and to think that Donna Newton and Marlene Sanford are experts in zoning laws and processes to come up with their so called compromise. The whole thing sounds fishy and am sure they want to delay the whole process before it goes to the state level.
It is my opinion that the Greensboro City Council muddied the waters with this so called compromise so that they want they state legislators to delay this bill to make Greensboro comply with STATE LAW. If they can delay this bill long enough then it will never makes it's way through the process and look who doesn't have Protest Petitions in Greensboro because it was sent in too late, you the citizens of Greensboro
The Greensboro City Council can now say that they are for restoring protest petitions to Greensboro but let's see how the state level reacts to this last minute compromise. It would have been political suicide to deny this right to the citizens but they were appeasing the TREBIC CARTEL with this so called compromise .
If you want your voice heard you can e-mail your state representatives and let them know you want what every other citizen who lives in a municipality has , which is North Carolina General Statute 160a-385 and 386, no delay . Below are the new e-mails for the Guilford delegation at the state level .
GUILFORD DELEGATION E-Mail Addresses
House
Alma Adams House District 58 Alma.Adams@ncleg.net
John Blust House District 62 John.Blust@ncleg.net
Pricey Harrison House District 57 Pricey.Harrison@ncleg.net
Maggie Jeffus House District 59 Maggie.Jeffus@ncleg.net
Earl Jones House District 60 Earl.Jones@ncleg.net
Laura Wiley House District 61 Laura.Wiley@ncleg.net
Senate
Phil Berger District 26 philbe@ncleg.net
Stan Bingham District 33 stanb@ncleg.net
Katie Dorsett District 28 Katied@ncleg.net
Don Vaughan District 27 Don.Vaughan@ncleg.net
Here is a few quotes from the lead editorial
"At least give the backers of protest petitions credit for finally budging the council on this issue. But they could have accomplished even more if they had stuck to their guns, called the council's bluff and forced a yes or no vote with no asterisks attached
The bad news is that the council's vote lacked clarity and is missing the most critical aspects of the law: exactly what it will say.
Sometimes a simple question deserves a simple answer. Either you are for the protest petition or you are against it. The council skirted making a clear-cut call and settled for indecision over leadership.
And ambiguity over clarity.
______________________________________________________
What part of state law does the Greensboro City notunderstand. I hope the Guilford delegation at the state level will see through this charade and pass a bill to make them comply with NCGS 160a385 and 386 then let the TREBIC CARTEL lobby the whole state to change the law .
This special compromise is a joke and needs to be called out. It is amazing to see that they don't like the bill and want it changed even though in the past 37 years they have never even had protest petitions and haven't even tried it in the zoning process. How can you as a council make the decision that the threshold is too low when you have never even done it in over 37 years.
Amazing and to think that Donna Newton and Marlene Sanford are experts in zoning laws and processes to come up with their so called compromise. The whole thing sounds fishy and am sure they want to delay the whole process before it goes to the state level.
It is my opinion that the Greensboro City Council muddied the waters with this so called compromise so that they want they state legislators to delay this bill to make Greensboro comply with STATE LAW. If they can delay this bill long enough then it will never makes it's way through the process and look who doesn't have Protest Petitions in Greensboro because it was sent in too late, you the citizens of Greensboro
The Greensboro City Council can now say that they are for restoring protest petitions to Greensboro but let's see how the state level reacts to this last minute compromise. It would have been political suicide to deny this right to the citizens but they were appeasing the TREBIC CARTEL with this so called compromise .
If you want your voice heard you can e-mail your state representatives and let them know you want what every other citizen who lives in a municipality has , which is North Carolina General Statute 160a-385 and 386, no delay . Below are the new e-mails for the Guilford delegation at the state level .
GUILFORD DELEGATION E-Mail Addresses
House
Alma Adams House District 58 Alma.Adams@ncleg.net
John Blust House District 62 John.Blust@ncleg.net
Pricey Harrison House District 57 Pricey.Harrison@ncleg.net
Maggie Jeffus House District 59 Maggie.Jeffus@ncleg.net
Earl Jones House District 60 Earl.Jones@ncleg.net
Laura Wiley House District 61 Laura.Wiley@ncleg.net
Senate
Phil Berger District 26 philbe@ncleg.net
Stan Bingham District 33 stanb@ncleg.net
Katie Dorsett District 28 Katied@ncleg.net
Don Vaughan District 27 Don.Vaughan@ncleg.net
Jan 22, 2009
The Speech That You Didn't Hear Last Night
*MADAM Mayor, City Council Members
The North Carolina General Assembly can create new law and destroy old law. Cities like Greensboro are subject to state control which is exercised by laws enabling or directing the local units to act in the manner desired by the state.
In 1971, local elected officials passed a bill under a cloud of politics to exempt Greensboro from North Carolina General Statute,160a 385 and 386 called a “Protest Petition”. This exemption never should have been made in the first place.
But it is bad public policy when you have politicians secretly putting in these exemptions without any public input.
To hear Gary Rogers from the Triad Real Estate and Building Industry Coalition (TREBIC) state that Greensboro back in 1971 had the foresight to exempt themselves from this statute is condescending to the citizens of Greensboro. No, Mr. Rogers, it was not foresight. It was an effort to take away a right of the citizens of Greensboro to use the petition power against unwanted rezoning development in established neighborhoods.
Let’s get a few facts straight on the 5% rule. Back in 2005 the State Legislature made a change to the statute and every city in North Carolina except Greensboro abides by this change to the 5% rule, and as stated by David Owens from the Institute of Government the league of municipalities for over 5 straight years has tried to abolish this statute to no avail.
Please don’t deny the citizens of Greensboro this right to Protest Petitions when to change the 5% rule it will have to come at the state level. You might not like the 5% rule but if only 5% of the neighbors are against the rezoning and it be one owner than I hope you as a council will call them out on that point and vote accordingly.
What about the 30 to 40 to well over 60% of property owners who would like to use Protest Petitions in Grensboro zoning cases against these land owners or developers.You have taken their right away by not allowing them the use of Protest Petitions.
Such parties argue that if Protest Petitions are brought back to Greensboro then in-fill development will be a problem. They suggest that the exemption will aid growth, and not having the exemption will hurt growth, isn’t that countered by the fact that Raleigh & Charlotte which have Protest Petitions have grown faster than Greensboro over the time period the exemption has been in effect?
Protest Petitions level the playing field for residents, especially when pro-development members of the City Council are making rezoning decisions.
Because I live in High Point and not Greensboro my neighborhood had the right to use a Protest Petition against Blue Ridge Companies who is a gold star member of TREBIC, not once but twice in a highly contested rezoning case off of Highway 68 and Wendover Avenue. As a witness as to how Protest Petitions work in the zoning process citizens in Greensboro should also like to have this powerful tool as their voice against encroaching development, which was the case in Blue Ridge Companies and what they had planned.
It is not fair to the citizens of Greensboro that every other city in this state abides by Protest Petitions but Greensboro is exempted. This makes no sense. It is time for a bill to be passed to make the City of Greensboro be consistent with all the other municipalities all over this state. From Charlotte to Wilmington to Greenville to Raleigh to Asheville to Winston Salem to High Point.
The North Carolina General Assembly can create new law and destroy old law. Cities like Greensboro are subject to state control which is exercised by laws enabling or directing the local units to act in the manner desired by the state.
In 1971, local elected officials passed a bill under a cloud of politics to exempt Greensboro from North Carolina General Statute,160a 385 and 386 called a “Protest Petition”. This exemption never should have been made in the first place.
But it is bad public policy when you have politicians secretly putting in these exemptions without any public input.
To hear Gary Rogers from the Triad Real Estate and Building Industry Coalition (TREBIC) state that Greensboro back in 1971 had the foresight to exempt themselves from this statute is condescending to the citizens of Greensboro. No, Mr. Rogers, it was not foresight. It was an effort to take away a right of the citizens of Greensboro to use the petition power against unwanted rezoning development in established neighborhoods.
Let’s get a few facts straight on the 5% rule. Back in 2005 the State Legislature made a change to the statute and every city in North Carolina except Greensboro abides by this change to the 5% rule, and as stated by David Owens from the Institute of Government the league of municipalities for over 5 straight years has tried to abolish this statute to no avail.
Please don’t deny the citizens of Greensboro this right to Protest Petitions when to change the 5% rule it will have to come at the state level. You might not like the 5% rule but if only 5% of the neighbors are against the rezoning and it be one owner than I hope you as a council will call them out on that point and vote accordingly.
What about the 30 to 40 to well over 60% of property owners who would like to use Protest Petitions in Grensboro zoning cases against these land owners or developers.You have taken their right away by not allowing them the use of Protest Petitions.
Such parties argue that if Protest Petitions are brought back to Greensboro then in-fill development will be a problem. They suggest that the exemption will aid growth, and not having the exemption will hurt growth, isn’t that countered by the fact that Raleigh & Charlotte which have Protest Petitions have grown faster than Greensboro over the time period the exemption has been in effect?
Protest Petitions level the playing field for residents, especially when pro-development members of the City Council are making rezoning decisions.
Because I live in High Point and not Greensboro my neighborhood had the right to use a Protest Petition against Blue Ridge Companies who is a gold star member of TREBIC, not once but twice in a highly contested rezoning case off of Highway 68 and Wendover Avenue. As a witness as to how Protest Petitions work in the zoning process citizens in Greensboro should also like to have this powerful tool as their voice against encroaching development, which was the case in Blue Ridge Companies and what they had planned.
It is not fair to the citizens of Greensboro that every other city in this state abides by Protest Petitions but Greensboro is exempted. This makes no sense. It is time for a bill to be passed to make the City of Greensboro be consistent with all the other municipalities all over this state. From Charlotte to Wilmington to Greenville to Raleigh to Asheville to Winston Salem to High Point.
Greensboro Neighborhood Congress Thanks Everyone Who Helped on Restoring This Right To Greensboro Citizens
Council voted Unanimously to restore the Protest Petition to the citizens of Greensboro.
I hope each of you will express your gratitude to every Council Member and most especially to Goldie Wells for this victory. The vote was unanimous, but Goldie stuck by her guns through all of the equivocal discussion, expressing time and again her passionate support of returning this state right to our citizens. THANK YOU GOLDIE.
We have a long list of others to thank as well:
Thanks to many of you who sent emails and made phone callls to Council and who joined us last night and stayed late into the evening to support our request to Council to restore the right of Protest Petition to our City. Your support was invaluable! This could not have happened without your efforts.
Thanks to the team that presented along with me, including Congress members: Art Davis, Kathleen Sullivan, Susan Taaffe, and David Wharton plus Willie Taylor of the League of Women Voters and Colin Kelly of the Coalition of Concerned Citizens (not to be confused with the NE Concerned Citizens) and Sharon Hightower of College Forest - soon to be a Congress member.
Thanks to Keith Brown of High Point who has been perhaps the strongest advocate of returning the protest petition to Greensboro since day one. Keith relinquished his opportunity to speak to Council because he was concerned it might hurt our case since he is considered by some to be an outsider. However, he had previously talked to each Council member and our state representatives many times over, pushing them to return the right to us.
Thanks to the Congress Issues Committee who crafted the Congress position on the Protest Petition and offered wise Council to the speaker's team.
Please note that in addition to voting to approve the Petition, Council voted to send a suggested change to the state relative to the components of the Protest Petition for Greensboro. As you know, we have concerns about the low threshold for the Petition to be initiated and that was the primary hurdle for the Council as well. So, I will be asking the Ex. Comm. and the Issues Comm. to consider our negotiating parameters for working with TREBIC on a proposal to Council on this matter............
I hope each of you will express your gratitude to every Council Member and most especially to Goldie Wells for this victory. The vote was unanimous, but Goldie stuck by her guns through all of the equivocal discussion, expressing time and again her passionate support of returning this state right to our citizens. THANK YOU GOLDIE.
We have a long list of others to thank as well:
Thanks to many of you who sent emails and made phone callls to Council and who joined us last night and stayed late into the evening to support our request to Council to restore the right of Protest Petition to our City. Your support was invaluable! This could not have happened without your efforts.
Thanks to the team that presented along with me, including Congress members: Art Davis, Kathleen Sullivan, Susan Taaffe, and David Wharton plus Willie Taylor of the League of Women Voters and Colin Kelly of the Coalition of Concerned Citizens (not to be confused with the NE Concerned Citizens) and Sharon Hightower of College Forest - soon to be a Congress member.
Thanks to Keith Brown of High Point who has been perhaps the strongest advocate of returning the protest petition to Greensboro since day one. Keith relinquished his opportunity to speak to Council because he was concerned it might hurt our case since he is considered by some to be an outsider. However, he had previously talked to each Council member and our state representatives many times over, pushing them to return the right to us.
Thanks to the Congress Issues Committee who crafted the Congress position on the Protest Petition and offered wise Council to the speaker's team.
Please note that in addition to voting to approve the Petition, Council voted to send a suggested change to the state relative to the components of the Protest Petition for Greensboro. As you know, we have concerns about the low threshold for the Petition to be initiated and that was the primary hurdle for the Council as well. So, I will be asking the Ex. Comm. and the Issues Comm. to consider our negotiating parameters for working with TREBIC on a proposal to Council on this matter............
Protest Petition is Coming to Greensboro
It was a loooooooonnnnnnnnngggggggg night but wanted to let everyone know that PROTEST PETITIONS FOR GREENSBORO will need to be changed to PROTEST PETITIONS IN GREENSBORO. Will report more tomorrow but a little hint in that Greensboro City Council Goldie Wells was spot on with every point she had on Protest PEtitions tonight to the point where the crowd was cheering everytime she spoke about Protest Petitions for the citizens of Greensboro. The Greensboro City Council passed it with a 9-0 vote but had a lot of compromises which will be reported later.
Jan 20, 2009
Greensboro News & Record , Our Opinion Says Yes to Protest Petitions for Greensboro
The Greensboro News and Record Lead Editorial is on Protest Petitions for Greensboro and they say YES. CLICKHERE or click on the title above.
Here are a few quotes from the lead editorial
The right to file a protest petition is about as commonplace in North Carolina as sweet tea and barbecue
High Point has it. Winston-Salem has it. So do Charlotte and Raleigh.
But not Greensboro.
Local residents are right to wonder why they are they exception to the rule. And to be angry about it.
But an expert on rezoning, David Owens, of the School of Government at UNC-Chapel Hill, says that's unlikely. "If there is frivolous, parochial opposition to development that is good for the city," Owens says, "you're going to get a three-fourths council vote (for the development) anyway."
Further, there is scant evidence of protest petitions stunting growth in other cities.
At least some state lawmakers agree and could move forward with a protest petition bill even if the council opposes it. Said Rep. Maggie Jeffus of Greensboro in an interview last week: "I'm almost certain a bill will be filed."
The council should say yes to protest petitions, and state lawmakers should follow suit.
Here are a few quotes from the lead editorial
The right to file a protest petition is about as commonplace in North Carolina as sweet tea and barbecue
High Point has it. Winston-Salem has it. So do Charlotte and Raleigh.
But not Greensboro.
Local residents are right to wonder why they are they exception to the rule. And to be angry about it.
But an expert on rezoning, David Owens, of the School of Government at UNC-Chapel Hill, says that's unlikely. "If there is frivolous, parochial opposition to development that is good for the city," Owens says, "you're going to get a three-fourths council vote (for the development) anyway."
Further, there is scant evidence of protest petitions stunting growth in other cities.
At least some state lawmakers agree and could move forward with a protest petition bill even if the council opposes it. Said Rep. Maggie Jeffus of Greensboro in an interview last week: "I'm almost certain a bill will be filed."
The council should say yes to protest petitions, and state lawmakers should follow suit.
TREBIC Speaks To Greensboro News & Record on Protest Petitions
The Greensboro News & Record has let Marlene Sanford speak on the side of denying you the citizen of Greensboro your right under state law to use Protest Petitions in the zoning process. CLICKHERE or click on the title above.
Here are a few points that need to be addressed the were stated in the opinion from the Triad Real Estate and Building Industry Coalition, which is your local special interest group who likes to slam their members on boards and commissions all over Guilford County.
It is actually easier to change the U.S. Constitution than to get a rezoning approved under a protest petition.
Proponents argue that "everybody else does it." But none of the 100 North Carolina counties has it (legally).
Wrong, this blog has called you out on that point when you made it last year in May 2008 and still keep on pointing it out.
And if we're governing by the lemming model, then we have to get rid of anything else that is unique, like RUCO and the Citizen Initiative Petition (which some remember is why we got the protest petition exemption in 1971)
When you see TREBIC say in statement above that some remember that is because they don't know what happened but it looks to everyone else that they snuck this bill in to deny the rights of the citizens of Greensboro for political reasons, plain and simple . Hey Marlene Sanford who are those some remember.
Our zoning process isn't broken. We've made changes to give neighbors more effective involvement. Developers meet with neighbors (or suffer the consequences),
Are you kidding me, then why does TREBIC fight the mandatory meeting in other cities in Guilford County like you did in High Point to no avail. It is required to meet with the neighborhood in High Point that TREBIC fought but in Greensboro it is only voluntary to meet. There will be some changes in future to the meet and confer and let's see if TREBIC is on board.
Wow what an amazing opinion by Marlene Sanford at TREBIC
Here are a few points that need to be addressed the were stated in the opinion from the Triad Real Estate and Building Industry Coalition, which is your local special interest group who likes to slam their members on boards and commissions all over Guilford County.
It is actually easier to change the U.S. Constitution than to get a rezoning approved under a protest petition.
Wrong
Proponents argue that "everybody else does it." But none of the 100 North Carolina counties has it (legally).
Wrong, this blog has called you out on that point when you made it last year in May 2008 and still keep on pointing it out.
And if we're governing by the lemming model, then we have to get rid of anything else that is unique, like RUCO and the Citizen Initiative Petition (which some remember is why we got the protest petition exemption in 1971)
When you see TREBIC say in statement above that some remember that is because they don't know what happened but it looks to everyone else that they snuck this bill in to deny the rights of the citizens of Greensboro for political reasons, plain and simple . Hey Marlene Sanford who are those some remember.
Our zoning process isn't broken. We've made changes to give neighbors more effective involvement. Developers meet with neighbors (or suffer the consequences),
Are you kidding me, then why does TREBIC fight the mandatory meeting in other cities in Guilford County like you did in High Point to no avail. It is required to meet with the neighborhood in High Point that TREBIC fought but in Greensboro it is only voluntary to meet. There will be some changes in future to the meet and confer and let's see if TREBIC is on board.
Wow what an amazing opinion by Marlene Sanford at TREBIC
Jan 19, 2009
The Big Guns Are Coming Out , Roy Carroll Speaks Out On Protest Petition
Greensboro News & Record's Amanda Lehmert has a new article in the online edition of paper titled "Council to Discuss Protest Petitions".CLICKHERE
Here are a few quotes that are gems to hear.
Roy Carroll , developer and remember Greensboro City Council member Robbie Perkins is his leasing agent at his Center Pointe development CLICKHERE for that report, Quote "Protest petitions can and are used to try to extort all kinds of things out of property owners. Not just developers, but property owners. It is something I have seen firsthand the negative effects of, Carroll said."
Hey Roy Carroll there are also positive effects on having the ability to use Protest Petitions just ask the neighborhood in High Point called Sutton Place.Nice to say that neighbors are extorting you.
Greensboro City Council Member Robbie Perkins had this to say"If we are going to have a protest petition law, it needs to be based on realistic parameters. I don't think 5 percent is a realistic parameter to cause a super majority vote," Perkins said.
Hey Robbie Perkins then why don't you become a state representative and change the law. This is a state statute and to deny the citizens this right is unfair.
Greensboro City Council Member Dr. Trudy Wade had this to say,"Councilwoman Trudy Wade said she would be interested in getting together a committee that can write legislation everyone can agree on."
Dr. Wade , there is no compromise on this issue it is a North Carolina General Statute 160a-385 and 386, the 5% is the law that every city in this state abides by. If you want to change the law then support Greensboro having this right then lobby the whole state but beware the League of Municipalities tried for 5 years straight to no avail as David Owens from UNC School of Government has said before.
Greensboro City Council Member Zack Matheny had this to say"We need to review our zoning process. Is it broken? Do we need to fix it? Are the neighbors winning?" Councilman Zack Matheny said. "I will tell you, in my cases, the neighbors are winning."
Zack Matheny thinks that the neighbors are winning, oh really. Please go ask the neighbors off of new garden road who had to come up in front of council to have the lawyer continue the wedding planner at the last minute then right before it goes to council he withdraws the case. If you saw how that process worked and how the neighbors who were dead set against the wedding planner if they would have even hinted at a Protest Petition then the ridiculous rezoning case would have never got off ground and the neighbors would not have had to come to council twice to be turned away with barely any notification.
You can also add Lawndale Avenue to Westridge Road to Rehobeth Church Road to Elm Street & Cornwallis to Horse Pen Creek Road to Garden Lake Drive to Guilford Hills area with Rices Toyota to Pisgah Church Road to Hill Top Road. There are plenty of cases where the neighborhoods are not getting a fair shake and to deny them this right to a Protest Petition is not right.
It seems like the TREBIC contingency will be out in full force with Roy Carroll saying that neighbors are extorting him. That will be a great argument to hear from Roy Carroll on wednesday if he speaks on this issue.
Let me leave you with a quote from Donna Newton at the Greensboro Neighborhood Congress"We should not be the only city in the state of North Carolina that doesn't have this right," said Donna Newton, liaison to the Neighborhood Congress." That is correct and we will see what happens on Wednesday.
Here are a few quotes that are gems to hear.
Roy Carroll , developer and remember Greensboro City Council member Robbie Perkins is his leasing agent at his Center Pointe development CLICKHERE for that report, Quote "Protest petitions can and are used to try to extort all kinds of things out of property owners. Not just developers, but property owners. It is something I have seen firsthand the negative effects of, Carroll said."
Hey Roy Carroll there are also positive effects on having the ability to use Protest Petitions just ask the neighborhood in High Point called Sutton Place.Nice to say that neighbors are extorting you.
Greensboro City Council Member Robbie Perkins had this to say"If we are going to have a protest petition law, it needs to be based on realistic parameters. I don't think 5 percent is a realistic parameter to cause a super majority vote," Perkins said.
Hey Robbie Perkins then why don't you become a state representative and change the law. This is a state statute and to deny the citizens this right is unfair.
Greensboro City Council Member Dr. Trudy Wade had this to say,"Councilwoman Trudy Wade said she would be interested in getting together a committee that can write legislation everyone can agree on."
Dr. Wade , there is no compromise on this issue it is a North Carolina General Statute 160a-385 and 386, the 5% is the law that every city in this state abides by. If you want to change the law then support Greensboro having this right then lobby the whole state but beware the League of Municipalities tried for 5 years straight to no avail as David Owens from UNC School of Government has said before.
Greensboro City Council Member Zack Matheny had this to say"We need to review our zoning process. Is it broken? Do we need to fix it? Are the neighbors winning?" Councilman Zack Matheny said. "I will tell you, in my cases, the neighbors are winning."
Zack Matheny thinks that the neighbors are winning, oh really. Please go ask the neighbors off of new garden road who had to come up in front of council to have the lawyer continue the wedding planner at the last minute then right before it goes to council he withdraws the case. If you saw how that process worked and how the neighbors who were dead set against the wedding planner if they would have even hinted at a Protest Petition then the ridiculous rezoning case would have never got off ground and the neighbors would not have had to come to council twice to be turned away with barely any notification.
You can also add Lawndale Avenue to Westridge Road to Rehobeth Church Road to Elm Street & Cornwallis to Horse Pen Creek Road to Garden Lake Drive to Guilford Hills area with Rices Toyota to Pisgah Church Road to Hill Top Road. There are plenty of cases where the neighborhoods are not getting a fair shake and to deny them this right to a Protest Petition is not right.
It seems like the TREBIC contingency will be out in full force with Roy Carroll saying that neighbors are extorting him. That will be a great argument to hear from Roy Carroll on wednesday if he speaks on this issue.
Let me leave you with a quote from Donna Newton at the Greensboro Neighborhood Congress"We should not be the only city in the state of North Carolina that doesn't have this right," said Donna Newton, liaison to the Neighborhood Congress." That is correct and we will see what happens on Wednesday.
State Rep. Don Vaughan's Better Half and Former Council Member Speaks Out
The Greensboro News and Record had another Letter to the Editor for January 19, 2009 which was done by Nancy Vaughan, CLICKHERE or click on the title above.
Nancy Vaughan is a former Greensboro City Council member and is married to North Carolina State Representative who was just elected to Kay Hagan's North Carolina House Senate seat Don Vaughan.Here is a quote from the Letter to the Editor, "The protest petition will not eliminate controversial rezonings. But, the mere existence of the protest petition will motivate the rezoning applicant to engage in meaningful dialogue and to put forth the highest-quality proposal. It will result in improved development and development that is in greater harmony with the surrounding area. This will be especially important as we see more infill development."
It is great to hear former council members endorse restoring Protest Petitions to Greensboro especially when her husband might be a sponsor of a bill to do just that in the North Carolina General Assembly.
Nancy Vaughan is a former Greensboro City Council member and is married to North Carolina State Representative who was just elected to Kay Hagan's North Carolina House Senate seat Don Vaughan.Here is a quote from the Letter to the Editor, "The protest petition will not eliminate controversial rezonings. But, the mere existence of the protest petition will motivate the rezoning applicant to engage in meaningful dialogue and to put forth the highest-quality proposal. It will result in improved development and development that is in greater harmony with the surrounding area. This will be especially important as we see more infill development."
It is great to hear former council members endorse restoring Protest Petitions to Greensboro especially when her husband might be a sponsor of a bill to do just that in the North Carolina General Assembly.
Willie Taylor Wants Everyone in Greensboro To Know Your Rights Were Taken Away
The Greensboro News and Record has a Letter to the Editor titled "Greensboro Residents Deserve Petition Rights", CLICKHERE or click on the title above.
This letter was written by Willie Taylor who is a member of our Coalition of Concerned Citizens of the Triad and is also a member of the League of Women Voters of the Piedmont Triad. Willie Taylor also this past week went to the press conference by some members of the Greensboro City Council here is that post, CLICKHERE
This letter was written by Willie Taylor who is a member of our Coalition of Concerned Citizens of the Triad and is also a member of the League of Women Voters of the Piedmont Triad. Willie Taylor also this past week went to the press conference by some members of the Greensboro City Council here is that post, CLICKHERE
Greensboro Zoning Petition Group To Seek NC Help from The Greensboro Telegram
This is a new online news organization called The Greensboro Telegram CLICKHERE . Randall Gregg interviewed Keith Brown for a article called
"Greensboro Zoning Petition Group To Seek NC Help",
here is a few paragraphs from the article and if you want to see the whole article CLICKHERE or click on the title above.
"The protest petition is designed to allow neighborhoods and neighboring landowners to have more input in development, said Brown.
As an example, Brown said that in High Point -- where the protest petition is still in use -- a recent rezoning for a development that included an apartment complex and restaurants near the Wendover Avenue and Highway 68 intersection was opposed by neighbors. They signed the protest petition and the developer's proposal was defeated at the High Point City Council level, as it did not get the "supermajority" needed.
According to Brown, the developer came back and worked with neighboring residents to address some of the issues they were concerned about, such as increased setbacks from neighboring properties, eliminating drive-throughs in the proposed restaurants, and reducing the ability of apartment dwellers to peer into neighbors' back yards."We hashed out a lot of problems," said Brown.
After the conditional requirements were agreed upon and placed on the development, the neighbors withdrew their protest petition and the rezoning was approved, said Brown."
As you can see from the above in the article our neighborhood in High Point called Sutton Place had a rezoning case where we had the right to use the Protest Petitions. It was a very long process but after it was said and done the developer got their apartment complex and our neighborhood got our conditions put on the property. It was a win win scenario. If this would have been in Greensboro with no rights to use Protest Petition then you would have seen a different outcome and the neighborhoods going to the table with one hand tied behind their back this being no right to use the Protest Petition.
It is not fair to the citizens of Greensboro that they don't have the right to use Protest Petition and I urge everyone to talk to your Greensboro City Council members and let them know you want the same rights as every other citizen who lives in a city has.
Jan 18, 2009
Please Join Us and Please Read this Post for a Brief History of Protest Petitions in North Carolina
Please join the Greensboro Neighborhood Congress, the League of Women Voters and the Coalition of Concerned Citizens of the Triad at the City Council on Wednesday, January 21 to support the reinstatement of the right of Protest Petition to the citizens of Greensboro. Why is Greensboro the only major city in the state without the right of Protest Petition? The answer is because the Council in 1971, without any public discourse, voted to ask the state to take that right from our citizens.
Below is detailed information about Protest Petitions written by Professor David Owens of the UNC School of Government in Chapel Hill. Professor Owens gave a wonderful and informative presentation on January 13 at a gathering sponsored by the League of Women Voters. We are grateful to Willie Taylor of the League of Women Voters for bringing Professor Owens to Greensboro.
Protest Petitions
David Owens
School of Government
The University of North Carolina at Chapel Hill
1. Legal Issues
Background
While landowners and neighbors are significantly affected by zoning, the choice to change zoning regulations is a discretionary policy choice of elected officials. Neither landowners nor neighbors can be given a veto over proposed zoning changes.
Yet from the outset of local land use regulation, its proponents have concluded that those most directly affected by zoning need a degree of protection from unwanted changes in the land use policies that have relied upon. The protest petition was included in the nation’s first comprehensive zoning ordinance, New York’s 1916 ordinance. The legal architect of the New York ordinance noted that the provision for a protest petition was “a device for the protection of the property owner” and that its purpose was “to prevent easy or careless changes in the zoning regulations. . . . The 20 percent protest will often prevent impulsive or improper map changes.”
This same provision for a protest petition was included in North Carolina’s 1923 zoning enabling act to provide a degree of certainty and stability of zoning while allowing the governing body sufficient flexibility to amend the ordinance to reflect changing needs and circumstances.
Statute
The provision in North Carolina zoning law -- G.S. 160A-385(a) -- for a protest petition is mandatory for cities. The protest petition is available whether or not it is mentioned in an individual zoning ordinance. There is no statutory authorization for the protest petition in the county zoning enabling legislation so counties do not have the authority to use the protest petition. The exception to this general rule is where the General Assembly has modified the generally applicable law as it applies to a particular city or county. For example, local legislation adopted in 1971 removed the protest petition for Greensboro, while local legislation adopted in 2003 extended the protest petition to Durham County.
The protest petition only applies to zoning map amendments. It arises either when neighbors object to the rezoning of a parcel or when the owner objects to a rezoning proposed by the government or the neighbors.
Applicability
If a sufficient number of those most immediately affected by a zoning change object to a proposed zoning map amendment, the amendment may be adopted only if approved by three-fourths of all the members of the governing board. This requirement applies to repeal as well as to amendment of a zoning ordinance.
It does not apply to the initial zoning of an area being added to the territorial coverage of an ordinance, whether by annexation or by an extraterritorial ordinance. Amendments to special or conditional use districts and conditional zoning districts are also exempt from the protest petition, provided that the type of use is not changed, the density of residential use allowed is not increased, the size of nonresidential development is not increased, and any buffers or screening is not reduced. Amendments to individual conditional or special use permits are quasi-judicial rather than legislative zoning decisions and therefore are not affected by a protest petition.
Supermajority vote computation
When a valid protest petition has been filed, G.S. 160A-385(a) provides that adoption of the proposed amendment requires the favorable vote of three-fourths of “all the members of the city council.” A member who is absent is counted as a member of the board for this computation. When a city council member is present but does not vote (without being excused from voting by the board), the member is counted as having cast an affirmative vote. G.S. 160A-385(a)(1) provides that for purposes of the protest petition, vacant positions on the board and members who are excused from voting are not to be considered as “members of the board” in computing the requisite supermajority.
Qualifying area
The qualifying areas for a protest petition include either the property being rezoned itself or some portion of the 100-foot-wide strip immediately adjacent to or across the street from it. A qualifying area is just that—an area, not 20 percent of the frontage of the area being rezoned nor five percent of the landowners in the qualifying area. Because a property’s adjacent status triggers the protest eligibility, courts in other states have held that the qualifying area need not be within the zoning jurisdiction of the local government making the zoning amendment. G.S. 160A-385(a)(2) provides that the 100-foot buffer qualifying area is measured from the property line of any parcel subject to a proposed rezoning.
This statute provides that the petition must be signed by the owners of either:
(i) twenty percent or more of the area included in the proposed change, or
(ii) five percent of a 100-foot-wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned.
A street right-of-way is not considered in computing the 100-foot buffer area as long as that street right-of-way is 100 feet wide or less. This is illustrated in the chart below.
Procedures
G.S. 160A-386 establishes several procedural requirements for protest petitions. The petition must be written. It must be signed by property owners. The petition must specifically state that it protests the proposed zoning change. The petition must be presented to the city clerk two working days (excluding weekends and holidays) before the day of the hearing to allow the clerk time to determine its sufficiency and accuracy. Cities may require that the petition be on a form provided by the city and that it contain “any reasonable information” necessary to allow the city to verify the petition. In the absence of evidence to the contrary, the city may rely on the county tax listing to determine the ownership of qualifying areas.
A person may withdraw his or her name from the petition at any time prior to the vote on the proposed zoning amendment. Only those rezonings that have a sufficient number of qualifying protests at the time of the vote trigger the three-fourths vote requirement.
2. Experience with Use.
Even though the protest petition has a long history in zoning, it is not frequently a factor in North Carolina rezonings. Overall, two-thirds of the responding cities in a 2006 SOG survey reported no protest petitions had been filed in the previous year. However, there are distinct differences in the responses based on the population of the reporting jurisdiction. Only 12 percent of the cities with populations under 10,000 reported receiving any protest petitions in the previous year. By contrast 50 percent of the cities with populations between 10,000 and 25,000 received a protest petition and 71 percent of the cities with populations over 25,000 received one or more protest petitions. In fact, three municipalities—Charlotte, Raleigh, and Durham—accounted for nearly a third (31 percent) of all the reported valid protest petitions in the state.
Frequency filed
The overwhelming majority of rezoning petitions are not subjected to a protest petition. Responding municipalities reported a total of 134 protest petitions filed in the previous year that were determined to be adequate and thereby required a supermajority vote for adoption of the rezoning. These same municipalities reported consideration of 2,167 rezoning petitions in the previous year. Thus only 6% of the municipal rezoning petitions had a sufficient protest so as to subject the proposed rezoning to the supermajority vote requirement.
Effect on decisions
Even when a valid protest petition is filed, it rarely has a direct effect on the outcome of the proposed rezoning. Only four of the 2,167 rezoning petitions considered in the past year had a different outcome as a direct result of a protest petition. Survey respondents reported the final outcomes of 88 of the 134 rezoning petitions that had triggered valid protest petitions. Of these 88 rezonings, 43% did not receive a simple majority vote in favor of the rezoning and thus would have failed even if no protest petition had been filed. 52% were adopted by a governing board majority of three-fourths or more, thus passing despite the protest petition. Only 5% -- four cases -- of the rezonings subject to a valid protest petition received a majority favorable vote but less than a three-fourths majority, thus failing to be adopted as a direct result of the protest petition.
A valid protest petition can, however, affect the zoning process in an indirect but significant manner. The approval rate for projects subject to a protest petition was reported to be 52 percent, compared to a 76 percent approval rate for rezoning petitions overall. This lower approval rate indicates that the depth of opposition reflected by a protest petition frequently convinces a majority of the city council to oppose a rezoning. In addition, an actual or threatened protest petition may encourage the landowner, the neighbors, and the city to negotiate prior to a vote on the rezoning, which can in turn lead to project revisions. So the informal impacts of a protest petition are typically more substantial than its formal impact.
David W. Owens Gladys H. Coates Professor of Public Law and Government School of Government CB 3330, Knapp-Sanders Building University of North Carolina at Chapel Hill Chapel Hill, N.C. 27599-3330 919-966-4208 (voice) 919-962-0654 (fax) owens@sog.unc.edu
Below is detailed information about Protest Petitions written by Professor David Owens of the UNC School of Government in Chapel Hill. Professor Owens gave a wonderful and informative presentation on January 13 at a gathering sponsored by the League of Women Voters. We are grateful to Willie Taylor of the League of Women Voters for bringing Professor Owens to Greensboro.
Protest Petitions
David Owens
School of Government
The University of North Carolina at Chapel Hill
1. Legal Issues
Background
While landowners and neighbors are significantly affected by zoning, the choice to change zoning regulations is a discretionary policy choice of elected officials. Neither landowners nor neighbors can be given a veto over proposed zoning changes.
Yet from the outset of local land use regulation, its proponents have concluded that those most directly affected by zoning need a degree of protection from unwanted changes in the land use policies that have relied upon. The protest petition was included in the nation’s first comprehensive zoning ordinance, New York’s 1916 ordinance. The legal architect of the New York ordinance noted that the provision for a protest petition was “a device for the protection of the property owner” and that its purpose was “to prevent easy or careless changes in the zoning regulations. . . . The 20 percent protest will often prevent impulsive or improper map changes.”
This same provision for a protest petition was included in North Carolina’s 1923 zoning enabling act to provide a degree of certainty and stability of zoning while allowing the governing body sufficient flexibility to amend the ordinance to reflect changing needs and circumstances.
Statute
The provision in North Carolina zoning law -- G.S. 160A-385(a) -- for a protest petition is mandatory for cities. The protest petition is available whether or not it is mentioned in an individual zoning ordinance. There is no statutory authorization for the protest petition in the county zoning enabling legislation so counties do not have the authority to use the protest petition. The exception to this general rule is where the General Assembly has modified the generally applicable law as it applies to a particular city or county. For example, local legislation adopted in 1971 removed the protest petition for Greensboro, while local legislation adopted in 2003 extended the protest petition to Durham County.
The protest petition only applies to zoning map amendments. It arises either when neighbors object to the rezoning of a parcel or when the owner objects to a rezoning proposed by the government or the neighbors.
Applicability
If a sufficient number of those most immediately affected by a zoning change object to a proposed zoning map amendment, the amendment may be adopted only if approved by three-fourths of all the members of the governing board. This requirement applies to repeal as well as to amendment of a zoning ordinance.
It does not apply to the initial zoning of an area being added to the territorial coverage of an ordinance, whether by annexation or by an extraterritorial ordinance. Amendments to special or conditional use districts and conditional zoning districts are also exempt from the protest petition, provided that the type of use is not changed, the density of residential use allowed is not increased, the size of nonresidential development is not increased, and any buffers or screening is not reduced. Amendments to individual conditional or special use permits are quasi-judicial rather than legislative zoning decisions and therefore are not affected by a protest petition.
Supermajority vote computation
When a valid protest petition has been filed, G.S. 160A-385(a) provides that adoption of the proposed amendment requires the favorable vote of three-fourths of “all the members of the city council.” A member who is absent is counted as a member of the board for this computation. When a city council member is present but does not vote (without being excused from voting by the board), the member is counted as having cast an affirmative vote. G.S. 160A-385(a)(1) provides that for purposes of the protest petition, vacant positions on the board and members who are excused from voting are not to be considered as “members of the board” in computing the requisite supermajority.
Qualifying area
The qualifying areas for a protest petition include either the property being rezoned itself or some portion of the 100-foot-wide strip immediately adjacent to or across the street from it. A qualifying area is just that—an area, not 20 percent of the frontage of the area being rezoned nor five percent of the landowners in the qualifying area. Because a property’s adjacent status triggers the protest eligibility, courts in other states have held that the qualifying area need not be within the zoning jurisdiction of the local government making the zoning amendment. G.S. 160A-385(a)(2) provides that the 100-foot buffer qualifying area is measured from the property line of any parcel subject to a proposed rezoning.
This statute provides that the petition must be signed by the owners of either:
(i) twenty percent or more of the area included in the proposed change, or
(ii) five percent of a 100-foot-wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned.
A street right-of-way is not considered in computing the 100-foot buffer area as long as that street right-of-way is 100 feet wide or less. This is illustrated in the chart below.
Procedures
G.S. 160A-386 establishes several procedural requirements for protest petitions. The petition must be written. It must be signed by property owners. The petition must specifically state that it protests the proposed zoning change. The petition must be presented to the city clerk two working days (excluding weekends and holidays) before the day of the hearing to allow the clerk time to determine its sufficiency and accuracy. Cities may require that the petition be on a form provided by the city and that it contain “any reasonable information” necessary to allow the city to verify the petition. In the absence of evidence to the contrary, the city may rely on the county tax listing to determine the ownership of qualifying areas.
A person may withdraw his or her name from the petition at any time prior to the vote on the proposed zoning amendment. Only those rezonings that have a sufficient number of qualifying protests at the time of the vote trigger the three-fourths vote requirement.
2. Experience with Use.
Even though the protest petition has a long history in zoning, it is not frequently a factor in North Carolina rezonings. Overall, two-thirds of the responding cities in a 2006 SOG survey reported no protest petitions had been filed in the previous year. However, there are distinct differences in the responses based on the population of the reporting jurisdiction. Only 12 percent of the cities with populations under 10,000 reported receiving any protest petitions in the previous year. By contrast 50 percent of the cities with populations between 10,000 and 25,000 received a protest petition and 71 percent of the cities with populations over 25,000 received one or more protest petitions. In fact, three municipalities—Charlotte, Raleigh, and Durham—accounted for nearly a third (31 percent) of all the reported valid protest petitions in the state.
Frequency filed
The overwhelming majority of rezoning petitions are not subjected to a protest petition. Responding municipalities reported a total of 134 protest petitions filed in the previous year that were determined to be adequate and thereby required a supermajority vote for adoption of the rezoning. These same municipalities reported consideration of 2,167 rezoning petitions in the previous year. Thus only 6% of the municipal rezoning petitions had a sufficient protest so as to subject the proposed rezoning to the supermajority vote requirement.
Effect on decisions
Even when a valid protest petition is filed, it rarely has a direct effect on the outcome of the proposed rezoning. Only four of the 2,167 rezoning petitions considered in the past year had a different outcome as a direct result of a protest petition. Survey respondents reported the final outcomes of 88 of the 134 rezoning petitions that had triggered valid protest petitions. Of these 88 rezonings, 43% did not receive a simple majority vote in favor of the rezoning and thus would have failed even if no protest petition had been filed. 52% were adopted by a governing board majority of three-fourths or more, thus passing despite the protest petition. Only 5% -- four cases -- of the rezonings subject to a valid protest petition received a majority favorable vote but less than a three-fourths majority, thus failing to be adopted as a direct result of the protest petition.
A valid protest petition can, however, affect the zoning process in an indirect but significant manner. The approval rate for projects subject to a protest petition was reported to be 52 percent, compared to a 76 percent approval rate for rezoning petitions overall. This lower approval rate indicates that the depth of opposition reflected by a protest petition frequently convinces a majority of the city council to oppose a rezoning. In addition, an actual or threatened protest petition may encourage the landowner, the neighbors, and the city to negotiate prior to a vote on the rezoning, which can in turn lead to project revisions. So the informal impacts of a protest petition are typically more substantial than its formal impact.
David W. Owens Gladys H. Coates Professor of Public Law and Government School of Government CB 3330, Knapp-Sanders Building University of North Carolina at Chapel Hill Chapel Hill, N.C. 27599-3330 919-966-4208 (voice) 919-962-0654 (fax) owens@sog.unc.edu
Jan 16, 2009
Barber Hints at Passage,Wade Won't Say, and Matheny Stands There Like a Lump On A Log
Three Greensboro City Council members held a news conference today to talk about a myriad of issues involving the City of Greensboro. In attendance were Mike Barber, Trudy Wade and Zack Matheny.
CLICKHERE to see the video or click on the title above
Item #9 was about Protest Petitions in Greensboro
Here is what Mike Barber had to say at the 12:46 mark on video
"We believe that the Protest Petitions will likely be included in our legislative agenda on Wednesday night. Based on our conversation with other council members the 5% threshold seems a bit low that the state is currently operating under. But that alone will not likely keep this council from sending it up with the other items to consider."
This is great to hear from Greensboro City Council member Mike Barber on this issue to the citizens of Greensboro. Then around the 32:10 mark of video, Greensboro citizen Willie Taylor spoke about the public trust, and how the community becomes disenfranchised with the council on zoning issues in their neighborhood. Willie Taylor believes that bringing back Protest Petitions will make a better place for the neighborhoods and the developers, and land owners. After hearing David Owens and his speech earlier in the week she can see Greensboro as being a better place with Protest Petitions.
Then on video Amanda Lehmert asked Mike Barber where he stood on the issue . He then passed it over to Trudy Wade.
Trudy Wade then said this,"we want to have the same rights as others. She then said that she is not going to take a right away from Greensboro that Charlotte has." But Trudy Wade won't commit till the citizens have been heard on Wednesday. To hear her say that she is not going to take away a right Charlotte citizens have . We know that every city in this state abides by Protest Petitions , so in conclusion it would mean to anyone who saw the video that she is for reinstatement of Protest Petitions, we will see.
One aspect everyone is soooooooooooooooooooooooo hung up on is the 5% rule. Let get a few facts straight on this issue . Back in 2005 the North Carolina legislators changed the way Protest Petitions were calculated because some properties were not squared properties so to get a 20% of a side of property wasn't a good part of the law. So the legislators came up with a formula that since 20% of corner makes for 5% of one side they said that 5% will be the new law or you can call David Owens from the Institute of Government he explained it to us very eloquently.. The city of Greensboro can get hung up on the 5% fine then lobby the whole state to change the % rule but don't hold the citizens from having Protest Petitions when every other city in this state abides by this 5% rule in Protest Petitions.I don't see Mayor Smothers from High Point or Pat McCrory from Charlotte have a platform for getting rid of Protest Petitions. It makes for better neighborhoods and better development.
There was another Greensboro City Council member Zack Matheny in attendance who was there and had this to say about Protest Petitions for Greensboro, "absolutely nothing".
Our coalition cannot stress the importance of everyone all over this triad area of North Carolina to say to the Greensboro City Council to
"Bring Back Protest Petitions to Greensboro"
all you need to do is on the left hand side of blog is a link to the City of Greensboro e-mail center.
CLICKHERE to see the video or click on the title above
Item #9 was about Protest Petitions in Greensboro
Here is what Mike Barber had to say at the 12:46 mark on video
"We believe that the Protest Petitions will likely be included in our legislative agenda on Wednesday night. Based on our conversation with other council members the 5% threshold seems a bit low that the state is currently operating under. But that alone will not likely keep this council from sending it up with the other items to consider."
This is great to hear from Greensboro City Council member Mike Barber on this issue to the citizens of Greensboro. Then around the 32:10 mark of video, Greensboro citizen Willie Taylor spoke about the public trust, and how the community becomes disenfranchised with the council on zoning issues in their neighborhood. Willie Taylor believes that bringing back Protest Petitions will make a better place for the neighborhoods and the developers, and land owners. After hearing David Owens and his speech earlier in the week she can see Greensboro as being a better place with Protest Petitions.
Then on video Amanda Lehmert asked Mike Barber where he stood on the issue . He then passed it over to Trudy Wade.
Trudy Wade then said this,"we want to have the same rights as others. She then said that she is not going to take a right away from Greensboro that Charlotte has." But Trudy Wade won't commit till the citizens have been heard on Wednesday. To hear her say that she is not going to take away a right Charlotte citizens have . We know that every city in this state abides by Protest Petitions , so in conclusion it would mean to anyone who saw the video that she is for reinstatement of Protest Petitions, we will see.
One aspect everyone is soooooooooooooooooooooooo hung up on is the 5% rule. Let get a few facts straight on this issue . Back in 2005 the North Carolina legislators changed the way Protest Petitions were calculated because some properties were not squared properties so to get a 20% of a side of property wasn't a good part of the law. So the legislators came up with a formula that since 20% of corner makes for 5% of one side they said that 5% will be the new law or you can call David Owens from the Institute of Government he explained it to us very eloquently.. The city of Greensboro can get hung up on the 5% fine then lobby the whole state to change the % rule but don't hold the citizens from having Protest Petitions when every other city in this state abides by this 5% rule in Protest Petitions.I don't see Mayor Smothers from High Point or Pat McCrory from Charlotte have a platform for getting rid of Protest Petitions. It makes for better neighborhoods and better development.
There was another Greensboro City Council member Zack Matheny in attendance who was there and had this to say about Protest Petitions for Greensboro, "absolutely nothing".
Our coalition cannot stress the importance of everyone all over this triad area of North Carolina to say to the Greensboro City Council to
"Bring Back Protest Petitions to Greensboro"
all you need to do is on the left hand side of blog is a link to the City of Greensboro e-mail center.
Jan 15, 2009
Barber and Wade Press Conference January 16, 2009 1:00 pm., Say Bring Back Protest Petitions to Greensboro
Below the fold is the announcement that Greensboro City Council members are holding a press conference tomorrow. It says that it is about pressing issues impacting Greensboro. This would be a great time to tell them to "Please support the reinstatement of the Protest Petition for Greensboro". The time is now to let them know how you feel on this issue and knowing that every other city in this state abides by Protest Petitions and neighborhoods all over this city are not getting a fair shake in the zoning process because of this exemption.
__________________________________________________
Media AdvisoryCouncil Member Press Conference
January 16, 2009
1 pm
What: Press Conference featuring Council Members Mike Barber and Trudy Wade
Location: Plaza Level Conference Room, Melvin Municipal Office Building
300 W. Washington St.
Date/Time: Friday, January 16 at 1 pm
Topic: Members of council will discuss pressing issues impacting the City of Greensboro. Council Members will also be available for questions.
Contact: Denise Turner – 373-3880
The City of Greensboro works in partnership with the community to build an increased quality of life for all residents by fostering an environment where inclusion, diversity, and trust are valued. As the seventh largest employer in Greensboro, the City has a dedicated professional staff of 2,700 employees who maintain four core values of honesty, integrity, stewardship, and respect. The City of Greensboro is governed by a council-manager form of government where a mayor and eight council members act as the legislative body. For more information on the City of Greensboro, please visit us online at www.greensboro-nc.gov.
__________________________________________________
Media AdvisoryCouncil Member Press Conference
January 16, 2009
1 pm
What: Press Conference featuring Council Members Mike Barber and Trudy Wade
Location: Plaza Level Conference Room, Melvin Municipal Office Building
300 W. Washington St.
Date/Time: Friday, January 16 at 1 pm
Topic: Members of council will discuss pressing issues impacting the City of Greensboro. Council Members will also be available for questions.
Contact: Denise Turner – 373-3880
The City of Greensboro works in partnership with the community to build an increased quality of life for all residents by fostering an environment where inclusion, diversity, and trust are valued. As the seventh largest employer in Greensboro, the City has a dedicated professional staff of 2,700 employees who maintain four core values of honesty, integrity, stewardship, and respect. The City of Greensboro is governed by a council-manager form of government where a mayor and eight council members act as the legislative body. For more information on the City of Greensboro, please visit us online at www.greensboro-nc.gov.
Jan 14, 2009
Greensboro City Council Members Perkins, Matheny and Barber Recuse Yourself , Yes Weekly Editorial
In this weeks Yes! Weekly editorial it talks about next week's vote of the Greensboro City Council to have this as a part of the legislative packet for the state of North Carolina on restoring Protest Petition's to Greensboro .
Here is part of the editorial and if you want to see the whole editorial CLICKHERE or click on the title above.
"But Perkins, Matheny and Barber, who rely on the Greensboro real estate industry for part or all of their livelihoods, are clearly conflicted between the wishes of that industry’s most influential professional organization and the interests of Greensboro citizens who want a say in the way their neighborhoods are zoned. As such, they should recuse themselves from the vote."
"Lawmakers May Say Yes Even If Council Says No" Post from Allen Johnson at Greensboro News and Record
Greensboro News and Record Editorial Page Editor Allen Johnson has a new post titled
"Lawmakers May Say Yes Even If Council Says No"
on his blog called "Thinking Out Loud" CLICKHERE , or click on the title above
as stated before in a post yesterday North Carolina State Representative Maggie Jeffus was in attendence at the luncheon with the professor from UNC School of Government David Owens speaking about Protest Petitions in the State of North Carolina.
Allen Johnson writes this in his post
"When asked if the county legislative delegation would move forward with a bill to re-establish the right to use protest petitions to Greensboro -- even if the council opposed it -- Jeffus said: "I think probably we will. I'm almost certain a bill will be filed."
Jeffus added: "You pick your battles and I think this is something people want."
This is great to hear from our State Representative Maggis Jeffus. You can also add State Rep. Pricey Harrison who said she will introduce a bill with or without the support of the Greensboro City Council.
Let's see where the Greensboro City Council stands on this issue are they going to be for the citizens to get this restored or are they going to be for the special interest group called TREBIC. Take your pick but as we heard yesterday Mayor Yvonne Johnson is again running for mayor of Greensboro and today Amanda Lahmert stated that Zack Matheny is also going to run again. It will be a interesting night to say the least.
The reinstatement of Protest Petitions has to come from the state delegation and if you as citizens of Greensboro want this right restored to you it is beneficial that you e-mail your state representatives which are located on the left hand side of blog.
"Lawmakers May Say Yes Even If Council Says No"
on his blog called "Thinking Out Loud" CLICKHERE , or click on the title above
as stated before in a post yesterday North Carolina State Representative Maggie Jeffus was in attendence at the luncheon with the professor from UNC School of Government David Owens speaking about Protest Petitions in the State of North Carolina.
Allen Johnson writes this in his post
"When asked if the county legislative delegation would move forward with a bill to re-establish the right to use protest petitions to Greensboro -- even if the council opposed it -- Jeffus said: "I think probably we will. I'm almost certain a bill will be filed."
Jeffus added: "You pick your battles and I think this is something people want."
This is great to hear from our State Representative Maggis Jeffus. You can also add State Rep. Pricey Harrison who said she will introduce a bill with or without the support of the Greensboro City Council.
Let's see where the Greensboro City Council stands on this issue are they going to be for the citizens to get this restored or are they going to be for the special interest group called TREBIC. Take your pick but as we heard yesterday Mayor Yvonne Johnson is again running for mayor of Greensboro and today Amanda Lahmert stated that Zack Matheny is also going to run again. It will be a interesting night to say the least.
The reinstatement of Protest Petitions has to come from the state delegation and if you as citizens of Greensboro want this right restored to you it is beneficial that you e-mail your state representatives which are located on the left hand side of blog.
Jan 13, 2009
A Little Urbanity: Still More About Protest Petitions Thanks Again David Wharton Part Deux
David Wharton has a new article over at his blog called A Little Urbanity CLICKHERE in regards to bringing back Protest Petitions to Greensboro.
On January 13, 2009 the League of Women Voters of the Triad held a luncheon with the speaker being David Owens from the UNC School of Government his picture is above from the luncheon.
David Owens spoke for about an hour on the subject of Protest Petitions in North Carolina. Thanks to David Wharton on his blog because there are scanned documents that are a must read on Protest Petitions provided by David Owens.
It was great to see Greensboro City Council member Goldie Wells in attendence at the luncheon. But an invitation was given to all the Greensboro City Council members to listen to an expert in the field on zoning laws in North Carolina especially in regards to Protest Petition .Since the whole Greensboro City Council members didn't show up for the luncheon except for Goldie Wells it is in their best interest to read the documents over at A Little Urbanity click on the title above.
It is great to get more post on this issue and to see what David Wharton has to say is correct.
There was one person in attendence who I had the opportunity to talk to after the meeting and it happen to be former Greensboro Mayor Carolyn Allen , here his her bio "Mayor Allen, whose public service extends back over more than 30 years, will mark 10 years of service on the Greensboro City Council in December of 1999 having first been elected as an at-large member and Mayor Pro Tem in 1989 and again in 1991. In 1993, she was elected Mayor of Greensboro, the first woman to hold this office. She was subsequently re-elected twice (in 1995 and 1997)." (source Greensboro press release from 1999). While talking with Carolyn Allen after the luncheon the question was asked are you for bringing back Protest Petitions to the citizens of Greensboro. The ex mayor said YES and I said can I quote you on that and she said YES. It is great to hear a ex city council member and ex mayor come out in support of Protest Petitions for the citizens of Greensboro let's see on Janiary 21, 2009 where the current members stand.
The time is now to let your Greensboro City Council Members know how you feel
about bringing back Protest Petitions to Greensboro. All you need to say is
BRING BACK PROTEST PETITIONS TO GREENSBORO
Here are some ways to get in touch with Greensboro City Council members
1. A presonal visit (this is perhaps the most effective way)
2. E-mail the Greensboro City Council members ( to the left hand side of blog is a link to do just that or below is their e-mail)
3. Call them using phone numbers provided(taken from city web page)
4. Write them at: p.o. box 3136, Greensboro N.C. 27402-3136
5. send fax (fax numbers were taken from city web page)
Council Members
YVONNE J. JOHNSON (Mayor)
P.O. Box 3136, Greensboro, NC 274023136.............................373-2396
(home) 375-5173
(City business) 253-7012
FAX...................................574-4003
P.O. Box 3136, Greensboro, NC 274023136.............................373-2396
(home) 375-5173
(City business) 253-7012
FAX...................................574-4003
SANDRA ANDERSON GROAT (Mayor Pro Tem) (At Large)
412 Arlington Street, Greensboro, NC 27406 (business).......................................................... 273-9066
(home)........................................................................... 282-9047
FAX...................................273-5451
412 Arlington Street, Greensboro, NC 27406 (business).......................................................... 273-9066
(home)........................................................................... 282-9047
FAX...................................273-5451
ROBBIE PERKINS (At Large)
1612 St. Andrews Rd., Greensboro, NC 27408
1001 W. Friendly Ave., Suite 601, Greensboro, NC 27401 (business)..................................... 358-3219
FAX...................................373-0260
1612 St. Andrews Rd., Greensboro, NC 27408
1001 W. Friendly Ave., Suite 601, Greensboro, NC 27401 (business)..................................... 358-3219
FAX...................................373-0260
Mary C. RAKESTRAW (At Large)
P.O. Box 3136, Greensboro, NC 27402-3136
101 East Avondale Drive, Greensboro, NC 27403
(home).....................................852-8639
(voice mail)............................373-2987
FAX...................................574-4003
P.O. Box 3136, Greensboro, NC 27402-3136
101 East Avondale Drive, Greensboro, NC 27403
(home).....................................852-8639
(voice mail)............................373-2987
FAX...................................574-4003
T. DIANNE BELLAMY-SMALL (District 1)
P.O. Box 3136, Greensboro, NC 27402-3136
3211 Delmonte Drive, Greensboro, NC 27406
(voice mail)................................ 373-2286
FAX...................................574-4003
P.O. Box 3136, Greensboro, NC 27402-3136
3211 Delmonte Drive, Greensboro, NC 27406
(voice mail)................................ 373-2286
FAX...................................574-4003
GOLDIE WELLS (District 2)
4203 Belfield Drive, Greensboro, NC 27405-6309 (home)....................................................... 621-0634
Voice Mailbox................................................. 373-2391
FAX...................................375-1675
4203 Belfield Drive, Greensboro, NC 27405-6309 (home)....................................................... 621-0634
Voice Mailbox................................................. 373-2391
FAX...................................375-1675
ZACK MATHENY (District 3)
P.O. Box 3136, Greensboro, NC 27402-3136
300 N. Greene Street, Suite 1000, Greensboro, NC 27401 (business).....................................232-1900
(voice mail).......................................
P.O. Box 3136, Greensboro, NC 27402-3136
300 N. Greene Street, Suite 1000, Greensboro, NC 27401 (business).....................................232-1900
(voice mail).......................................
373-4638
FAX...................................574-4003
FAX...................................574-4003
MIKE BARBER (District 4)
807 Greenwood Drive, Greensboro, NC 27410 (home)............................................................ 852-0195
1101 W. Market Street, Greensboro, NC 27403 (business)....................................................... 273-4884
FAX....................................273-4874
807 Greenwood Drive, Greensboro, NC 27410 (home)............................................................ 852-0195
1101 W. Market Street, Greensboro, NC 27403 (business)....................................................... 273-4884
FAX....................................273-4874
TRUDY WADE(District 5)
P.O. Box 3136, Greensboro, NC 27402-3136
1 Creswell Court, Greensboro, NC 27407 (home).................................................................... 323-6480
703 W. Main St., Jamestown, NC (business)............................................................................. 454-3171
(voice mail)........................................................................ 373-3688
FAX....................................454-2865
P.O. Box 3136, Greensboro, NC 27402-3136
1 Creswell Court, Greensboro, NC 27407 (home).................................................................... 323-6480
703 W. Main St., Jamestown, NC (business)............................................................................. 454-3171
(voice mail)........................................................................ 373-3688
FAX....................................454-2865
EMAIL: trudy.wade@greensboro-nc.gov
Jan 11, 2009
A Little Urbanity: More on Protest Petitions, Reversal of Fortune Thanks David Wharton
A Little Urbanity: More on Protest Petitions
David Wharton who runs a blog called A Little Urbanity CLICKHERE , has a great post on restoring Protest Petitions to the citizens of Greensboro.You can click on the title above to go to his site.
Here is a quote from David Wharton"Over the past year I've changed my mind on this issue. I used to think -- as the real estate industry does -- that the petition puts too much power in the hands of too few people."Then he talks about how fair it isn't and gives some great examples to ponder about a special interest group called TREBIC. It is great to hear David Wharton change his mind on the issue to bring back Protest Petitions to Greensboro.
Over a edcone's site CLICKHERE here is what ed had to say about David Wharton and his post.
"Whether you agree with him or not on this issue (I do), Wharton's opinion is one to take seriously, and I hope the media and the City Council will give his words due consideration."
With the help of the Greensboro Neighborhood Congress,League of Women Voters of the Triad, Coalition of Concerned Citizens of the Triad, residents from all over the Triad including High Point and support from those in the blogosphere who got this ball rolling on this issue close to over a year ago. It is time to speak up and be heard. January 21, 2009 is the start of this process but everyone needs to remember that this is a State of North Carolina issue and need to let your state representatives know how you feel that this isn't fair to the citizens of Greensboro that they don't have the right to a Protest Petition in the zoning process to have against unwanted development in established neighborhoods.
David Wharton who runs a blog called A Little Urbanity CLICKHERE , has a great post on restoring Protest Petitions to the citizens of Greensboro.You can click on the title above to go to his site.
Here is a quote from David Wharton"Over the past year I've changed my mind on this issue. I used to think -- as the real estate industry does -- that the petition puts too much power in the hands of too few people."Then he talks about how fair it isn't and gives some great examples to ponder about a special interest group called TREBIC. It is great to hear David Wharton change his mind on the issue to bring back Protest Petitions to Greensboro.
Over a edcone's site CLICKHERE here is what ed had to say about David Wharton and his post.
"Whether you agree with him or not on this issue (I do), Wharton's opinion is one to take seriously, and I hope the media and the City Council will give his words due consideration."
With the help of the Greensboro Neighborhood Congress,League of Women Voters of the Triad, Coalition of Concerned Citizens of the Triad, residents from all over the Triad including High Point and support from those in the blogosphere who got this ball rolling on this issue close to over a year ago. It is time to speak up and be heard. January 21, 2009 is the start of this process but everyone needs to remember that this is a State of North Carolina issue and need to let your state representatives know how you feel that this isn't fair to the citizens of Greensboro that they don't have the right to a Protest Petition in the zoning process to have against unwanted development in established neighborhoods.
"Protest Petition question's back in Greensboro but faces an uphill climb" Editorial by Allen Johnson
Greensboro News and Record's Allen Johnson has a Sunday January 11, 2008 editorial on Protest Petitions in Greensboro. To read the whole article CLICKHERE .
In the article Allen Johnson had this to say,"The Greensboro City Council will hear the case for and against protest petitions in less than two weeks.
Then it will say no."
Allen Johnson also said this"Greensboro is the only major city in the state that does not allow citizens to use protest petitions to oppose new development in their neighborhoods."You might want to take out major city and say all cities in North Carolina use Protest Petitions in the zoning process.
Our coalition wants everyone to think about one thing.
EVERY CITY IN THIS STATE HAS PROTEST PETITIONS IN THE ZONING PROCESS
If you as citizens of Greensboro will be happy with your Greensboro City Council members voting to deny you this right, fine. Just remember that if your neighborhood has a rezoning case come up in front of council you as a citizen of Greensboro are not having the same rights in the zoning process as every other citizen in this state who lives in a city.
Having Protest Petitions on the books has not hurt jobs or development in cities like Raleigh, Charlotte, Winston or every city in Guilford County.
How about this look all around Greensboro for example:
High Point has PROTEST PETITIONS
Jamestown has PROTEST PETITIONS
Oak Ridge has PROTEST PETITIONS
Summerfield has PROTEST PETITIONS
Pleasant Garden has PROTEST PETITIONS
Gibsonville has PROTEST PETITIONS
Let's also take a look at our state to see who has PROTEST PETITIONS
Charlotte has PROTEST PETITIONS
Durham has PROTEST PETITIONS
Raleigh has PROTEST PETITIONS
Cary has PROTEST PETITIONS
Fayetteville has PROTEST PETITIONS
Winston Salem has PROTEST PETITIONS
Asheville has PROTEST PETITIONS
Chapel Hill has PROTEST PETITIONS
Concord has PROTEST PETITIONS
Gastonia has PROTEST PETITIONS
Greenville has PROTEST PETITIONS
Jacksonville has PROTEST PETITIONS
Rocky Mount has PROTEST PETITIONS
Wilmington has PROTEST PETITIONS
It is time for neighborhoods all over Greensboro to say to the Greensboro City Council enough is enough and to deny us the right to a Protest Petition in the zoning process is a
TOTAL INJUSTICE TO THE CITIZENS OF GREENSBORO.
UPDATE
blogging on this issue at Allen Johnson's News and Record site
CLICKHERE
In the article Allen Johnson had this to say,"The Greensboro City Council will hear the case for and against protest petitions in less than two weeks.
Then it will say no."
Allen Johnson also said this"Greensboro is the only major city in the state that does not allow citizens to use protest petitions to oppose new development in their neighborhoods."You might want to take out major city and say all cities in North Carolina use Protest Petitions in the zoning process.
Our coalition wants everyone to think about one thing.
EVERY CITY IN THIS STATE HAS PROTEST PETITIONS IN THE ZONING PROCESS
If you as citizens of Greensboro will be happy with your Greensboro City Council members voting to deny you this right, fine. Just remember that if your neighborhood has a rezoning case come up in front of council you as a citizen of Greensboro are not having the same rights in the zoning process as every other citizen in this state who lives in a city.
Having Protest Petitions on the books has not hurt jobs or development in cities like Raleigh, Charlotte, Winston or every city in Guilford County.
How about this look all around Greensboro for example:
High Point has PROTEST PETITIONS
Jamestown has PROTEST PETITIONS
Oak Ridge has PROTEST PETITIONS
Summerfield has PROTEST PETITIONS
Pleasant Garden has PROTEST PETITIONS
Gibsonville has PROTEST PETITIONS
Let's also take a look at our state to see who has PROTEST PETITIONS
Charlotte has PROTEST PETITIONS
Durham has PROTEST PETITIONS
Raleigh has PROTEST PETITIONS
Cary has PROTEST PETITIONS
Fayetteville has PROTEST PETITIONS
Winston Salem has PROTEST PETITIONS
Asheville has PROTEST PETITIONS
Chapel Hill has PROTEST PETITIONS
Concord has PROTEST PETITIONS
Gastonia has PROTEST PETITIONS
Greenville has PROTEST PETITIONS
Jacksonville has PROTEST PETITIONS
Rocky Mount has PROTEST PETITIONS
Wilmington has PROTEST PETITIONS
It is time for neighborhoods all over Greensboro to say to the Greensboro City Council enough is enough and to deny us the right to a Protest Petition in the zoning process is a
TOTAL INJUSTICE TO THE CITIZENS OF GREENSBORO.
UPDATE
blogging on this issue at Allen Johnson's News and Record site
CLICKHERE
Jan 7, 2009
PEOPLE POWER by YES! WEEKLY on PROTEST PETITIONS
Jordan Green from Yes! Weekly has a new article called "People Power" CLICKHERE or click on the title above, which talks about the upcoming meeting at the Greensboro City Council in regards to giving the right to a Protest Petition in zoning cases back to the citizens of Greensboro. Remember that every city in this state abides by Protest Petition but not Greensboro . It is not fair to Greensboro residents in this regards but to hear Greensboro City Council member say this in the article
" Echoing TREBIC’s argument, at-large Councilman Robbie Perkins predicted the protest petition will fail to gain the council’s support.
After looking at what’s on the books at the state, if I were voting on that particular piece of legislation today, I couldn’t support it,” said Perkins, who is president of NAI Piedmont Triad, which advertises itself as the largest full-service, privately owned real estate services firm in the Triad. The company holds a “silver” membership in TREBIC. "
Then Marlene Sanford from the Triad Real Estate and Building Industry Coalition had this to say, "President Marlene Sanford, whose organization provides government advocacy to Guilford County trade associations and businesses, said members feel “very strongly” about preventing the restoration of the protest petition. “It’s an antiquated policy and it needs to be done away with statewide,”
As you can see the special interest group want to deny you the citizen of Greensboro the right to a Protest Petition but keep in mind that if you were in any city all over this great state then if you had a zoning case in front of a City Council and wanted to use the Protest Petition you could do that. Just on principal this is a total injustice to you as a Greensboro citizen.
In this article Robbie Perkins had this to say"It’s an antiquated statute that’s been out of date for some time, so we shouldn’t jump on the bandwagon just because everyone else has.” This is not jumping on the bandwagon this bandwagon has been available to citizens of this state for a very long time , here is what is antiquated the exemption of Greensboro from this statute.
But let's look at the other side of coin and in the article Donna Newton from the Greensboro Neighborhood Congress is quoted as saying this, "Our position is that this is a right and recourse that has been taken from the residents of Greensboro,” said Donna Newton, advisor to the congress, “while the whole rest of the state continues to have the right. And we want it reinstated.”
Also in the article and we have a post here on the upcoming meeting, "The protest petition has also received formal support from the 112-member League of Women Voters of the Piedmont Triad". The League of Women Voters has been on board this issue since the beginning and would like you to come and hear David Owens from the UNC School of Government speak next week on Protest Petitions, CLICKHERE for details.
The best part of the article is to hear this"Should the council vote down the protest petition, the NC General Assembly can still pass legislation to restore it without a formal request from council. NC Rep. Pricey Harrison, a Guilford County Democrat, has promised to introduce such legislation when the General Assembly reconvenes later this month. " All along this has been a state issue from the beginning to help and remedy a total injustice to the citizens of Greensboro.
Read the article or pick it up at a newstand in the Triad.
The time is now to write your Greensboro City Council members and let them know you want Protest Petitions Back in Greensboro.All you need to do is go to the left hand side of this blog and click on Greensboro City Council e-mail center. While you are at please e-mail the State representatives from Guilford County on bringing back Protest Petitions to Greensboro.
" Echoing TREBIC’s argument, at-large Councilman Robbie Perkins predicted the protest petition will fail to gain the council’s support.
After looking at what’s on the books at the state, if I were voting on that particular piece of legislation today, I couldn’t support it,” said Perkins, who is president of NAI Piedmont Triad, which advertises itself as the largest full-service, privately owned real estate services firm in the Triad. The company holds a “silver” membership in TREBIC. "
Then Marlene Sanford from the Triad Real Estate and Building Industry Coalition had this to say, "President Marlene Sanford, whose organization provides government advocacy to Guilford County trade associations and businesses, said members feel “very strongly” about preventing the restoration of the protest petition. “It’s an antiquated policy and it needs to be done away with statewide,”
As you can see the special interest group want to deny you the citizen of Greensboro the right to a Protest Petition but keep in mind that if you were in any city all over this great state then if you had a zoning case in front of a City Council and wanted to use the Protest Petition you could do that. Just on principal this is a total injustice to you as a Greensboro citizen.
In this article Robbie Perkins had this to say"It’s an antiquated statute that’s been out of date for some time, so we shouldn’t jump on the bandwagon just because everyone else has.” This is not jumping on the bandwagon this bandwagon has been available to citizens of this state for a very long time , here is what is antiquated the exemption of Greensboro from this statute.
But let's look at the other side of coin and in the article Donna Newton from the Greensboro Neighborhood Congress is quoted as saying this, "Our position is that this is a right and recourse that has been taken from the residents of Greensboro,” said Donna Newton, advisor to the congress, “while the whole rest of the state continues to have the right. And we want it reinstated.”
Also in the article and we have a post here on the upcoming meeting, "The protest petition has also received formal support from the 112-member League of Women Voters of the Piedmont Triad". The League of Women Voters has been on board this issue since the beginning and would like you to come and hear David Owens from the UNC School of Government speak next week on Protest Petitions, CLICKHERE for details.
The best part of the article is to hear this"Should the council vote down the protest petition, the NC General Assembly can still pass legislation to restore it without a formal request from council. NC Rep. Pricey Harrison, a Guilford County Democrat, has promised to introduce such legislation when the General Assembly reconvenes later this month. " All along this has been a state issue from the beginning to help and remedy a total injustice to the citizens of Greensboro.
Read the article or pick it up at a newstand in the Triad.
The time is now to write your Greensboro City Council members and let them know you want Protest Petitions Back in Greensboro.All you need to do is go to the left hand side of this blog and click on Greensboro City Council e-mail center. While you are at please e-mail the State representatives from Guilford County on bringing back Protest Petitions to Greensboro.
Jan 5, 2009
Triad Real Estate and Building Indusrty Coalition Talking Points Memo Exposed
Below the fold is a talking points memo that came out from the Triad Real Estate and Building Industry Coalition(TREBIC). Let's go back in history to around May of 2008 where this special interest group flooded the e-mail boxes of the Guilford Delegation in the State House with this memo and you can also see the annotated version as well.
The title of the post was "TREBIC propaganda letter to the State Legislators with comments."
CLICKHERE to see the post or click on the title above.
This newer version of TREBIC's talking points is pretty much the same as before but with a few more condescending words to say about the citizens of Greensboro. For example , "But neighborhoods frequently oppose these unfamiliar concepts ". Neighborhoods all over Greensboro are very familiar with these concepts and for TREBIC to say that is pathetic.
Another point to ponder is to hear this, "If we have to allow Protest Petitions because “everybody else does”, then we also have to outlaw the rental inspection program, the Citizen Initiative Petitions and any other unique programs. "The rental inspection program has nothing to do with Protest Petitions and to see
TREBIC get a hold of the RUCO board to water down the program to practically nothing and wanted to do away with the whole program CLICKHERE and to hear about the never used Citizen Initiative Petition is a complete joke. How many times has the citizen initiative petition been used in the past 30 years? Neighborhoods all over Greensboro have been going to the zoning process with one hand tied behind their back and it is finally time for the hand to be untied and level the playing field.
There has been talk about how giving this right back to the citizens of Greensboro would hurt jobs. This statute has nothing to do with one job. If it was a job issue then why has Charlotte and Raleigh grown faster than Greensboro when both of those cities have Protest Petition's on the books.
It is time for everyone in Greensboro to understand why the special interest group is fighting this tooth and nail .
It is time for the citizens of Greensboro to know that every city in this state abides by Protest Petition's and it is not antiquated but the exemption of Greensboro is.
It is time for the citizens of Greensboro to have this right to a Protest Petition in the zoning process.
It is time to tell the Greensboro City Council how you feel.
It is time to also let your North Carolina Guilford Delegation know how you feel.
All of this can be done by looking at this blog on the left hand side and e-mail the Guilford Delegation and the Greensboro City Council.
IT IS TIME FOR ALL THE CITIZENS OF GREENSBORO TO JOIN US ON JANUARY 21, 2009 TO TELL THE GREENSBORO CITY COUNCIL "BRING BACK PROTEST PETITIONS TO GREENSBORO"
Below is the newer version of TREBIC talking points.
________________________________________________________
Triad Real Estate and Building Industry Coalition
TREBIC opposes rezoning Protest Petitions in Greensboro.
Proponents claim that “everybody else has it” and “we need to level the playing field.”
Consider this…
EVERYBODY ELSE HAS IT?
- None of the 100 NC counties allow Protest Petitions.
- While some other states do allow protest petitions, it is not pervasive and we have found no states that allow a mere 5% to lodge a protest.
Furthermore:
- We’re one of only half a dozen or so NC cities with a rental unit inspection ordinance.
- We’re one of only 10 cities that allow Citizen Initiative Petitions that take ordinances to a citywide referendum (remember the baseball stadium vote a few years ago?) (source-IOG)
- We’re 1 of only 2 cities that allows Citizen Initiative Petitions apply to rezonings. (source-IOG) This is apparently why we were exempted from the Protest Petition in 1971.
If we have to allow Protest Petitions because “everybody else does”, then we also have to outlaw the rental inspection program, the Citizen Initiative Petitions and any other unique programs.
LEVELING THE PLAYING FIELD?
Protest petitions were “born” in the early 1900s because getting information to the public was difficult. Now, nearly 100 years later we’re in the “information age” and the problem no longer exists.
- There are strict rules for public notice, and TREBIC supported Greensboro’s recent change to earlier, more widespread notification rules and website posting of rezoning information.
- Most developers voluntarily meet with neighbors. Greensboro’s draft land development ordinance officially encourages this and so does TREBIC.
- Rezonings already require a 2/3 vote to pass (6 of 9 votes), or else a second reading at the next meeting, giving opponents 2 to 3 extra weeks to lobby the issue further.
- Greensboro’s Conditional Use Rezonings are legislative rather than quasi-judicial, to allow neighbors more effective involvement in the process, and TREBIC supports this.
- NC’s protest petition process allows a mere 5% of owners within 100’ to trigger a requirement for a 75% vote of the full council (not “those present”) to pass the rezoning. In Greensboro that’s 7, so it essentially gives just 3 Council members veto power over rezoning decisions. It is patently absurd that a mere 5% of neighbors can so severely curtail someone else’s property rights. You can change the US Constitution with less than that!
GOOD GROWTH MANAGEMENT?
"Infill" development and redevelopment was not an issue a century ago, but it is now. Smarter growth management plans like Greensboro’s Connections 2025 Comprehensive Plan promote infill, higher densities and mixed uses. But neighborhoods frequently oppose these unfamiliar concepts and allowing protest petitions will make it even harder to achieve them. The draft revamped Land Development Ordinance seeks to implement these concepts while mitigating impacts on existing neighborhood, so neighborhood conflicts should be minimized in the future. In the interim, Conditional zoning is used to mitigate site specific issues.
Greensboro goes to great effort to balance business friendliness with neighborhood stability. Protest Petitions are a step backwards and just another road block in the way of and already reeling industry that is responsible for building local government tax base. Frankly, the protest petition is antiquated and should probably be repealed statewide.
The title of the post was "TREBIC propaganda letter to the State Legislators with comments."
CLICKHERE to see the post or click on the title above.
This newer version of TREBIC's talking points is pretty much the same as before but with a few more condescending words to say about the citizens of Greensboro. For example , "But neighborhoods frequently oppose these unfamiliar concepts ". Neighborhoods all over Greensboro are very familiar with these concepts and for TREBIC to say that is pathetic.
Another point to ponder is to hear this, "If we have to allow Protest Petitions because “everybody else does”, then we also have to outlaw the rental inspection program, the Citizen Initiative Petitions and any other unique programs. "The rental inspection program has nothing to do with Protest Petitions and to see
TREBIC get a hold of the RUCO board to water down the program to practically nothing and wanted to do away with the whole program CLICKHERE and to hear about the never used Citizen Initiative Petition is a complete joke. How many times has the citizen initiative petition been used in the past 30 years? Neighborhoods all over Greensboro have been going to the zoning process with one hand tied behind their back and it is finally time for the hand to be untied and level the playing field.
There has been talk about how giving this right back to the citizens of Greensboro would hurt jobs. This statute has nothing to do with one job. If it was a job issue then why has Charlotte and Raleigh grown faster than Greensboro when both of those cities have Protest Petition's on the books.
It is time for everyone in Greensboro to understand why the special interest group is fighting this tooth and nail .
It is time for the citizens of Greensboro to know that every city in this state abides by Protest Petition's and it is not antiquated but the exemption of Greensboro is.
It is time for the citizens of Greensboro to have this right to a Protest Petition in the zoning process.
It is time to tell the Greensboro City Council how you feel.
It is time to also let your North Carolina Guilford Delegation know how you feel.
All of this can be done by looking at this blog on the left hand side and e-mail the Guilford Delegation and the Greensboro City Council.
IT IS TIME FOR ALL THE CITIZENS OF GREENSBORO TO JOIN US ON JANUARY 21, 2009 TO TELL THE GREENSBORO CITY COUNCIL "BRING BACK PROTEST PETITIONS TO GREENSBORO"
Below is the newer version of TREBIC talking points.
________________________________________________________
Triad Real Estate and Building Industry Coalition
TREBIC opposes rezoning Protest Petitions in Greensboro.
Proponents claim that “everybody else has it” and “we need to level the playing field.”
Consider this…
EVERYBODY ELSE HAS IT?
- None of the 100 NC counties allow Protest Petitions.
- While some other states do allow protest petitions, it is not pervasive and we have found no states that allow a mere 5% to lodge a protest.
Furthermore:
- We’re one of only half a dozen or so NC cities with a rental unit inspection ordinance.
- We’re one of only 10 cities that allow Citizen Initiative Petitions that take ordinances to a citywide referendum (remember the baseball stadium vote a few years ago?) (source-IOG)
- We’re 1 of only 2 cities that allows Citizen Initiative Petitions apply to rezonings. (source-IOG) This is apparently why we were exempted from the Protest Petition in 1971.
If we have to allow Protest Petitions because “everybody else does”, then we also have to outlaw the rental inspection program, the Citizen Initiative Petitions and any other unique programs.
LEVELING THE PLAYING FIELD?
Protest petitions were “born” in the early 1900s because getting information to the public was difficult. Now, nearly 100 years later we’re in the “information age” and the problem no longer exists.
- There are strict rules for public notice, and TREBIC supported Greensboro’s recent change to earlier, more widespread notification rules and website posting of rezoning information.
- Most developers voluntarily meet with neighbors. Greensboro’s draft land development ordinance officially encourages this and so does TREBIC.
- Rezonings already require a 2/3 vote to pass (6 of 9 votes), or else a second reading at the next meeting, giving opponents 2 to 3 extra weeks to lobby the issue further.
- Greensboro’s Conditional Use Rezonings are legislative rather than quasi-judicial, to allow neighbors more effective involvement in the process, and TREBIC supports this.
- NC’s protest petition process allows a mere 5% of owners within 100’ to trigger a requirement for a 75% vote of the full council (not “those present”) to pass the rezoning. In Greensboro that’s 7, so it essentially gives just 3 Council members veto power over rezoning decisions. It is patently absurd that a mere 5% of neighbors can so severely curtail someone else’s property rights. You can change the US Constitution with less than that!
GOOD GROWTH MANAGEMENT?
"Infill" development and redevelopment was not an issue a century ago, but it is now. Smarter growth management plans like Greensboro’s Connections 2025 Comprehensive Plan promote infill, higher densities and mixed uses. But neighborhoods frequently oppose these unfamiliar concepts and allowing protest petitions will make it even harder to achieve them. The draft revamped Land Development Ordinance seeks to implement these concepts while mitigating impacts on existing neighborhood, so neighborhood conflicts should be minimized in the future. In the interim, Conditional zoning is used to mitigate site specific issues.
Greensboro goes to great effort to balance business friendliness with neighborhood stability. Protest Petitions are a step backwards and just another road block in the way of and already reeling industry that is responsible for building local government tax base. Frankly, the protest petition is antiquated and should probably be repealed statewide.
Jan 4, 2009
Greensboro Neighborhood Congress is 100% Behind Restoring Protest Petition's to Greensboro
The Greensboro Neighborhood Congress is a organization comprised of neighborhood organizations representing neighborhoods all over the City of Greensboro. The Greensboro Neighborhood Congress is made up of well over 46 member neighborhood organizations that include well over 16,000 households.These neighborhoods are located throughout Greensboro's five voting districts making the Greensboro Neighborhood Congress one of the most socio-economically and racially diverse organizations in Greensboro.
source(letter to the Department of Justice on March 12, 2008)
What is the Greensboro Neighborhood Congress?
Mission Statment:
The Greensboro Neighborhood Congress, a city-wide alliance of neighborhoods, seeks to improve the quality of life within the City of Greensboro by addressing issues of city-wide importance and by empowering neighborhoods to resolve neighborhood-specific concerns.
_______________________________________________________
The Coalition of Concerned Citizens of the Triad would like to thank the Greensboro Neighborhood Congress for their support on this issue and below is what Donna Newton from the Neighborhood Congress sent out to all the members.
As most of you know, the Greeensboro Neighborhood Congress voted to support the reinstatement of the right of Protest Petition to the citizens of Greensboro. At this time, Greensboro is the only City in the state that does not have this right.
The League of Women Voters also supports the Protest Petition and is sponsoring a presentation by an expert on the subject as described in the flier below.
Please register and join me on January 13 to hear this presentation.
The City Council will hear comments regarding the petition at their meeting on January 21 and then vote on whether to support the protest petition in their legislative agenda. The Congress will be represented at the January 21 meeting to present in favor of reinstituting the Protest Petition. Please join us then as well. We will need a strong showing at that meeting.
Lunch with the League
League of Women Voters of the Piedmont Triad
Tuesday, January 13, 2009, 12:00 noon
Holy Trinity Episcopal Church, Haywood Duke Meeting Room
605 N. Greene St. near downtown Greensboro
“The Protest Petition”
Speaker: Dr. David Owens, Gladys H. Coates Professor,
Public Law and Government
School of Government, UNC-CH
Dr. David Owens, an expert on land use topics, the scope of local government authority, planning legislation and urban growth management, has been a member of the Institute of Government since 1989. Prior to that, he was an attorney and senior planner for the Planning Office. He received a graduate planning degree and law degree from UNC-CH.
About the Protest Petition:
This is a North Carolina general statute (160A-385(a) that gives residents of a neighborhood an opportunity to protest rezoning and land use requests. All major NC cities except Greensboro have the protest petition.
References: Greensboro News & Record editorials, March 2 2008: “The right to protest,” and May 14 1008: “Get on board protest petitions.”
Yes Weekly Jordan Green analysis, February 12 2008: “A rezoning chronicle: “How Greensboro lost the protest petition;” Editorial June 30 2008: “TREBIC vs. Protest Petition.”
The January 13, 2009 program is free. Everyone is invited. Reservations are necessary if you’d like to have lunch at a cost of $8.00 per person. Make reservations by Friday, January 9 and please arrive at noon on the 13th if you plan to have lunch. Reservations: tkwhitacre@triad.rr.com or call Trudy Whitacre at 336-643-2131.
Don’t miss this vital opportunity for greater understanding of the need for transparency and citizen participation in decision-making!
Jan 1, 2009
Lunch With The League January 13, 2009 Topic: PROTEST PETITION
Lunch with the League
League of Women Voters of the Piedmont Triad CLICKHERE
Tuesday, January 13, 2009, 12:00 noon
Holy Trinity Episcopal Church, Haywood Duke Meeting Room
605 N. Greene St. near downtown Greensboro Mapquest CLICKHERE
“The Protest Petition”
Speaker: Dr. David Owens, Gladys H. Coates Professor, CLICKHERE
Public Law and Government
School of Government, UNC-CH
Dr. David Owens, an expert on land use topics, the scope of local government authority, planning legislation and urban growth management, has been a member of the Institute of Government since 1989. Prior to that, he was an attorney and senior planner for the Planning Office. He received a graduate planning degree and law degree from UNC-CH.
About the Protest Petition:
This is a North Carolina general statute (160A-385(a) that gives residents of a neighborhood an opportunity to protest rezoning and land use requests. All major NC cities except Greensboro have the protest petition.
References:
Greensboro News & Record editorials,
March 2 2008: “The right to protest,” CLICKHERE
May 14 1008: “Get on board protest petitions.” CLICKHERE
Yes Weekly Jordan Green analysis,
February 12 2008:
“A rezoning chronicle: “How Greensboro lost the protest petition;” CLICKHERE
Editorial June 30 2008: “TREBIC vs. Protest Petition.” CLICKHERE
The January 13, 2009 program is free. Everyone is invited. Reservations are necessary if you’d like to have lunch at a cost of $8.00 per person. Make reservations by Friday, January 9 and please arrive at noon on the 13th if you plan to have lunch. Reservations: http://us.mc387.mail.yahoo.com/mc/compose?to=tkwhitacre@triad.rr.com or call Trudy Whitacre at 336-643-2131.
Don’t miss this vital opportunity for greater understanding of the need for transparency and citizen participation in decision-making!
League of Women Voters of the Piedmont Triad CLICKHERE
Tuesday, January 13, 2009, 12:00 noon
Holy Trinity Episcopal Church, Haywood Duke Meeting Room
605 N. Greene St. near downtown Greensboro Mapquest CLICKHERE
“The Protest Petition”
Speaker: Dr. David Owens, Gladys H. Coates Professor, CLICKHERE
Public Law and Government
School of Government, UNC-CH
Dr. David Owens, an expert on land use topics, the scope of local government authority, planning legislation and urban growth management, has been a member of the Institute of Government since 1989. Prior to that, he was an attorney and senior planner for the Planning Office. He received a graduate planning degree and law degree from UNC-CH.
About the Protest Petition:
This is a North Carolina general statute (160A-385(a) that gives residents of a neighborhood an opportunity to protest rezoning and land use requests. All major NC cities except Greensboro have the protest petition.
References:
Greensboro News & Record editorials,
March 2 2008: “The right to protest,” CLICKHERE
May 14 1008: “Get on board protest petitions.” CLICKHERE
Yes Weekly Jordan Green analysis,
February 12 2008:
“A rezoning chronicle: “How Greensboro lost the protest petition;” CLICKHERE
Editorial June 30 2008: “TREBIC vs. Protest Petition.” CLICKHERE
The January 13, 2009 program is free. Everyone is invited. Reservations are necessary if you’d like to have lunch at a cost of $8.00 per person. Make reservations by Friday, January 9 and please arrive at noon on the 13th if you plan to have lunch. Reservations: http://us.mc387.mail.yahoo.com/mc/compose?to=tkwhitacre@triad.rr.com or call Trudy Whitacre at 336-643-2131.
Don’t miss this vital opportunity for greater understanding of the need for transparency and citizen participation in decision-making!
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