Mar 29, 2010

Sherwin-Williams Might Be The First Business To Use Protest Petition in Greensboro

At the Greensboro Zoning Commission meeting on March 8, 2010 there was a zoning case in regards to a property that has been around for a very long time which is called the old rolane building off of spring garden street in Greensboro. To read a article on what is planned for this property here is a link to a Triad Business Journal article CLICKHERE . Below is the agenda and the case in question

6. Z-10-03-002 - 2610 Oakland Avenue (North of Oakland Avenue, south of Hiatt Street, east of South Lindell Road and west of Howard Street) – An ordinance rezoning from HI (Heavy Industrial) to CD-PDI (Conditional District-Planned Unit Development-Infill) *[PUD (Planned Unit Development )] with the following conditions:

1. All uses allowed in the PDI zoning district except for the following: Automobile Sales (no service); Automobile Repair Services, Major; Automobile towing; Pest and Termite Control; Truck Terminals; Bingo Games; Coin Operated Amusement; Fortune Tellers, Astrologers; Billiard Parlors; Funeral Homes or Crematoriums; Convenience Stores with fuel pumps; Pawn Shops; Service Stations, gasoline; Bus Terminals; Taxi Terminals; Sexually Oriented Businesses; Junked Motor Vehicles; Shelters for the Homeless; Motor Vehicle Sales.

2. Any structures built within 250 feet of Oakland Avenue shall have a maximum height of six stories above the average elevation of finished grade.

3. Any structures built within 315 feet of Hiatt Street shall have a maximum height of three stories above the average elevation of finished grade.

4. The developer must reserve either 2.25 acres or 40,000 square feet of building area within the subject property for non-residential uses (the “Non-Residential Reserved Area”).

5. Developer shall provide direct pedestrian access from Howard Street to at least 50% of the Non-Residential Reserved Area. In addition, Developer will ensure that at least 50% of the Non-Residential Reserved Area will be visible from Howard Street. Non-Residential use of the Boiler Room building with good access and visibility provided to Howard Street would fit these guidelines.

6. 51% of the original structure of the main building will be preserved to the extent where economically feasible. If severe damage or structural deterioration is discovered in portions of the main building, preservation of these portions of the building may be judged infeasible. Likewise, preservation of the 51% or more of the remaining sound sections of the main building would be undertaken with development of this site to the extent it is deemed historic by the State of North Carolina, and to the extent it is economically feasible.

– for property located at 2610 Oakland Avenue, generally described as north of Oakland Avenue, south of Hiatt Street, east of South Lindell Road and west of Howard Street (8.72 Acres)

– Henry Isaacson for H 1010, LLC.(Sheet(s) 45)
The above agenda item is going to come up in front of Greensboro City Council very soon and have heard that the Sherwin-Williams Company is going to use the Protest Petition and around the 52 minute mark of the zoning commission meeting you can hear their hired gun in lawyer Tom Terrell in opposition of this rezoning talk about the use of Protest Petition.
One of the arguments of not bringing back Protest Petition into the City of Greensboro was that one adjacent property owner can have enough property to make a valid Protest Petition. Well if Sherwin-Williams does follow through on using this state law then we will see if the Greensboro City Council will take that into consideration because it seems like the whole Lindley Park Neighborhood Association is in favor of this mixed use development with a few dissentions but Sherwin-Williams wants everyone to know that this is a chemical plant and they are not in favor of this rezoning case.
There is also going to be a very contentious rezoning case on the other side of spring garden street with the neighborhood association in opposition to a mixed use student housing near college hill. CLICKHERE and we know that they have already used the Protest Petition on this rezoning.
It would be interesting to see how the Greensboro City Council will take this use of Protest Petition into effect in regards to this mixed use development offered by Kotis Properties and seeing one property owner using the Protest Petition and maybe getting Norfolk Southern railroad to sign it as well.
Looking at this property and knowing that this was always for a longtime going to be a mixed use development and hearing King Zoning Stud Henry Isaacson talk about this and this property has been vacant for awhile it seems like this is a right fit for the area . It looks like Sherwin-Williams wants to come in at the eleventh hour and put a wrinkle into the process as commissioner Mary Skenes pointed out at the zoning meeting.
We will see what happens in front of Greensboro City Council and if Kotis Properties has enough votes for it to be a 7-2  in favor of this mixed use development or will Sherwin-Williams have the 3 votes for it to get denied on a 6-3 vote.

Mar 16, 2010

Protest Petition Was Not Needed But Used at Greensboro City Council Meeting 3-16-2010

Ordinance rezoning classification from RS-9 (Residential – Single Family) to CD-GO-M (Conditional District – General Office – Moderate Intensity) for property located at 2404 Liberty Road, generally described as the west side of Liberty Road, east of J.M. Hunt, Jr. Expressway and south of Alamance Church Road. A VALID PROTEST PETITION HAS BEEN RECEIVED. (Council District: 1) (roll call vote) (Attachment #30 (PL(Z)10-02) to Councilmembers) (THIS ITEM WAS CONTINUED FROM THE FEBRUARY 16TH MEETING OF COUNCIL WITHOUT FURTHER ADVERTISING)

At the Greensboro City Council meeting on 3-16-2010 there was a valid protest petition on the above agenda item. The Greensboro City Council denied the rezoning on a 9-0 vote , so in reality the neighborhood really didn't need the protest petition but good to have it a part of the arsenal.

There was one aspect of this rezoning case with a valid protest petition that needs to be addressed in that the Greensboro City Council might want to address the denial process of voting in regards to the protest petition. There was some confusion at the meeting when Councilwomen Small made a motion to deny this rezoning case. In denying the rezoning case that meant you were voting in favor of denial so plenty coulcilmembers were wanting to make sure how they voted on a denial. It is a tough issue to vote in favor of a denial when they might should be voting in favor of this rezoning case and if you don't get the 7 votes than it is denied. Now it looks like if someone votes to deny than they will have to turn the petition in reverse and the ones in favor will be voting as a no vote.

If you can follow what i just said please do but it is crazy how they did the vote tonight.

I looks like the neighborhood made a real good case for not rezoning this property and the protest petition was used.