Guilford County Uses Protest Petition Against City of High Point and Wins

Hat Tip:Rhino Times Paul Clark with a title of article "Council Allows Hinkley Hotel"

In the article this is what was written

"Guilford County filed its protest petition twice – on Dec. 13, signed by Guilford County Manager Brenda Jones Fox and on Dec. 14 signed by Chairman of the Guilford County Commissioners Skip Alston, before the Board of Commissioners voted to authorize the petition – something the High Point City Council could have challenged, but didn't.

"We don't believe it, but we're recognizing the county's protest petition," High Point Mayor Becky Smothers said. "We don't need to get into a lawsuit with y'all."

After a nearly five-hour public hearing and debate, Smothers could muster only five votes to rezone the 91.5 acres, but not the supermajority of seven votes needed because of the county protest petition. Barring an upset bid by another developer, the sale by Guilford County to GEO Care should go through.

It seemed fairly clear before the meeting that Smothers didn't have the required supermajority, but the addition of three new councilmembers last year upset old voting blocs and has made City Council debates less certain and more interesting. In addition, the City Council chamber was standing room only, and members of the audience leaned against the walls.

The debate showed the wide divide between High Point's two classes: the political and business class, which is dominated by developers and property managers, and its working class, which is made up primarily of former furniture plant and textile mill workers. The developers and politicians are focused on the long-term development and improvement of High Point, but the working class neighborhoods are desperate for jobs and unwilling to pass them up based on promises of better development in the future."

This is great to see more people understand and use the protest petition in zoning cases. It is odd to see the owner of the property use the protest petition because usually it is the adjoining property owners who want to object to a certain property being rezoned for usually a commercial or higher residential uses. This case might get more scrutiny because just this past week we have both the county and the City of Greensboro want to extend water and sewer to over 9,000 acres in eastern Guilford County which means more residential development being rezoned from agriculture. The use of protest petition is only allowed in municipalities but with a bill getting passed in the state legislature we could see in future a place where the whole citizens of Guilford County can use the protest petition in zoning cases .

Guilford County Manager Fox Uses Protest Petition Against the City of High Point

Hat Tip : Paul Clark from Rhino Times

Rhino Times is reporting today in a new front page article titled "County Protest Petitions Abound" CLICKHERE

It is very unusual to see the owners of the property file a protest petition especially when the owner is you and i who live in Guilford County. Paul Clark talks about the whole situation involving land that Guilford County owns and wants to sell to a company from Florida to have a secured mental hospital.

 below from Rhino:

The hand-delivered protest petition was signed only by Guilford County Manager Brenda Jones Fox. But Chairman of the Guilford County Board of Commissioners Skip Alston, on Wednesday, Dec. 14, said he would sign another copy on Wednesday and seek the approval of the Board of Commissioners at its Thursday, Dec. 15 meeting.

"That's right," Alston said. "I'm going down there to sign it myself shortly. We thought she could do it as manager, but to be on the safe side, I'm going down there to sign it myself. I'm doing it on behalf of the county."

Alston said the protest petition had to be turned in to the High Point Planning and Development Department by 5 p.m. on Wednesday to meet a deadline of two business days before the High Point City Council meeting.

The Fox-signed protest petition shows every sign of being hurriedly prepared. It is accompanied only by a cover letter by Guilford County Attorney Mark Payne and contains no supporting material other than a copy of the state requirements for a protest petition.

State law allows the owner of at least 20 percent of the land to be rezoned to file a protest petition; Alston said the two county parcels involved add up to 24 percent of the land that would be rezoned 

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This make for a interesting situation in Guilford County because now they have set them up for a group of people to maybe in future try to make the whole county have to abide by the protest petition just like other municipalities all over the state do it might just be time for the counties all over the state as well to abide by the protest petition

We have counties like Durham who use the protest petition for the whole county and looking at what the Guilford County Commissioners did in regards to this situation in High Point it might be something to consider in the future for the residents of Guilford County. Could we see a protest petition for Guilford County in the future? Maybe just like some people told us we would not get protest petition for Greensboro do not underestimate us on this situation.

Also we have the Greensboro News and Record who has a post out as well CLICKHERE

Kotis Properties, Lindley Park Neighborhood and Sherwin-Williams and the Dynamics of Protest Petition for the Future

At the Greensboro City Council meeting tonight May 18, 2010 you will see the dynamics of how a Protest Petition can and does work for all sides of a zoning case.

A little history of this rezoning case can be seen at this previous post CLICKHERE  on March 29, 2010. Then in today's Greensboro News & Record  CLICKHERE with a title "Sherwin-Williams Drops Protest"  but the title should read "Sherwin-Williams Drops Protest Petition" , just for this blogs mind on the new title and a note to Taft Wireback it is Protest Petition not just a formal protest.

Then tonight we see Amanda Lehmert has a post about the zoning case where the Greensboro City Council voted unanimously for this project.

Here is a quote from the rhino times in regards to this zoning case,

"It would be fascinating to see the protest petition used against a project that the Lindley Park Neighborhood Association was supporting. It would definitely put the shoe on the other foot."

This quote from above is from this post on the rezoning case CLICKHERE

As we can see from what happened from this rezoning case that even when the shoe is on the other foot it still worked out in the end with or without the use of the Protest Petition. This case is a great example of how both sides of this rezoning case can come together to work out their differences and to see this project pass with a unanimous vote in front of the Greensboro City Council.

We also saw Greensboro City Council member Mary Rakestraw praise both sides on this case and to me it shows that using the Protest Petition when both sides can come together on aspects of the rezoning to work out the differences and take the protest petition off the table and agree with the new conditions and move forward into the future.

This case will not make the college hill neighborhood happy on what happened to them with the newman machinery buildings on the other side of spring garden street but would say that Lindley Park Neighborhood Association was there to make sure the process worked out for them and we will see a renovated Historic Rolane Building from Kotis Properties  in the future.

Protest Petition for Greensboro is alive and well and this case shows you that both sides can come to the table and work things out and then before the meeting drop the Protest Petition and come together with a project that makes sense for a building that has been empty for a long time.

Rhino Times On Greensboro City Council and The Power of Protest Petitions

The Rhino Times has a article out in this week's edition with a headline, "Council Doesn't Like New Seats", CLICKHERE . In this article he talks about the ramifications of this new law for the citizens of Greensboro. Here is a part of the article talking about Protest Petition for Greensboro.

"One thing to watch in this new seating arrangement will be how Bellamy-Small votes on rezoning requests. Traditionally she has voted against them, particularly if they were in east Greensboro. Perkins, who is in the commercial real estate profession, votes for almost all projects that can muster enough votes to be approved, and he votes for quite a few that fail. If Perkins votes against a rezoning request then generally everyone votes against it.

But with the new protest petition this whole issue of rezoning has shifted. Before, a developer only had to be able to convince five councilmembers it was a good project. Now, if a protest petition is filed, for the project to be approved a supermajority of the City Council must vote in favor of it. So the developer would have to convince seven out of nine. Or since Vaughan and Perkins appear to be abstaining from the controversial rezoning requests, six out of seven votes would be needed to pass a rezoning request.

Perkins, being in the real estate business, has to abstain a lot. And Vaughan's husband, state Sen. Don Vaughan, as an attorney is representing a good number of neighborhoods who are opposing rezoning requests. It's a pretty sweet deal for Nancy Vaughan because she will not have to take a public stand on many controversial rezoning requests where councilmembers are often caught between making a neighborhood mad and doing what they think is best for the city."

It will be interesting to see how citizens all over this city use the Protest Petition. Some have waited till last minute to file theirs like the group off of elm and cornwallis the first time it came up in front of council. But with a slick move by Councilman Zack Matheny he changed his vote from yes to no after the meeting and has the opportunity to bring up the denied zoning case again. Now this new case had another protest petition added to the mix as well as the one that was used the first go around. 

Now we also have a controversial case off of spring garden street where the neighborhood association filed their Protest Petition well before the case was even heard at the zoning commission. The Protest Petition can only be used in front of council. This was their perogative to file way early in the process but in general it is to your benefit to wait and see if the conditions put on the property are to your liking to even file the petition.

We will see what happens in the future but it is great to see this law back on the books in Greensboro and being a part of the zoning process.

 

Rhino Times Has An Epiphany on Protest Petitions in Greensboro

City Staff Wants To Control Your Home

The Rhino Times has a new article out this week by John Hammer called "City Staff Wants To Control Your Home", click on the link above. John Hammer writes this,"The City of Greensboro now has a program called the neighborhood conservation overlay (NCO) district, designed to force an eclectic, older neighborhood – like what they are calling "Greater Kirkwood" – into the mold of a new, cookie-cutter housing development with a homeowners' association".

Let's do a little history lesson on Rhino Times and Protest Petition for Greensboro, here is a post back on May 3, 2008 when the state legislator of this state were getting ready to go back into short session here is that post CLICKHERE and here is a quote from the first paragraph,"The reason I post this e mail is because I have e mailed the Rhino Times 3 times with no correspondence , while I also went to their web site and did a letter to the editor about Protest Petitions to no avail. Maybe this might help with a correspondence."

Then finally on July 17, 2008 after the short session of the state legislature was over and plenty of anonymous letters to the editors in between this time at the Rhino they finally printed the letter to the editor about restoring Protest Petitions to Greensboro. It was amazing to have to fight so hard to get a letter to the editor printed in the Rhino but when your whole middle section of the Rhino is real estate industry or TREBIC CARTEL as they have been nicknamed as a parody to their fight to deny the citizens of Greensboro the right to Protest Petitions.Then we see in this new article that John Hammer had a epiphany for the use of Protest Petitions in Greensboro because in the past John Hammer never wanted to talk about this issue that was resonating all over the City of Greensboro.

The Rhino Times article talks about the Kirkwood area of Greensboro which is off of lawndale and cornwallis drive near battleground avenue.John Hammer talks in length about the neighborhood conservation overlay but at the end of the article he had this to say.

"One final note, the push for an NCO in Greater Kirkwood seems to be a result of a failed plan to build a Walgreens at the intersection of Cornwallis and Lawndale drives. Since that attempt was made, the city has passed a protest petition amendment that gives neighborhoods much more power in controlling development.

The protest petition was passed by the North Carolina General Assembly, and went into effect in Greensboro, this year. It gives nearby property owners a tremendous amount of power to have a voice in rezoning requests. If a protest petition is signed by 20 percent of the property owners affected by a rezoning, or 5 percent of the property owners within 100 feet of the boundaries of the property in question, the rezoning comes to the City Council. Then the rezoning has to pass by a 7-to-2 majority. Passing a contested rezoning by a 7-to-2 majority on the City Council is extremely rare, which means the developer is going to make every attempt to get the support of the neighborhood before moving forward.

The way to keep unwanted development from Lawndale and Cornwallis is with protest petitions, not by putting another layer of regulations on the neighborhood."

It is nice to see John Hammer come around on this issue because it was very hard at the beginning to convince the good professor in David Wharton from a blog called A Little Urbanity CLICKHERE on this issue but he was a great advocate at the end and now John Hammer can see the light as well in Protest Petitions for Greensboro

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The Rhinoceros Times July 17, 2008 on Page 57 Protest Petition Letter

The Rhinoceros Times for July 17, 2008 has a Letter to the Editor on page 57 with the title "Time To Protest"in regards to Protest Petitions for Greensboro. We would like to thank the Rhino for allowing this letter to be printed. The issue of Protest Petitions for Greensboro will not be swept under the rug and if the powers to be think that this will go away, think again.

Once the Rhinoceros Times has the updated edition of the paper online it will be linked.

There are somethings that can be done right now to further the progress of bringing back Protest Petitions to Greensboro.
Please e-mail, write, or call your State Representatives below. Let them know that you want Protest Petitions back in Greensboro.

Alma Adams Almaa@ncleg.netJohn Blust Johnbl@ncleg.netPricey Harrison Priceyh@ncleg.netMaggie Jeffus Maggiej@ncleg.netEarl Jones Earlj@ncleg.netLaura Wiley Lauraw@ncleg.netState SenateKatie Dorsett Katied@ncleg.net
Phil Berger
philbe@ncleg.net
also there are 2 people who are going to be vying for Kay Hagan's Senate seat District 27 , they are Joe Wilson click here and Don Vaughan click here

The City of Greensboro also needs to hear from their citizens, below is a link to the Greensboro e-mail center

http://www.greensboro-nc.gov/citygovernment/council/emailcouncil.htm

Please e mail them to let them know you want Protest Petitions back in Greensboro .

Rhino Times Open Letter to Mr. Hammer on Protest Petitions

The reason I post this e mail is because I have e mailed the Rhino Times 3 times with no correspondence , while I also went to their web site and did a letter to the editor about Protest Petitions to no avail. Maybe this might help with a correspondence.


Dear Mr. Hammer,
My name is Keith Brown, I am writing you today to see if I could get any time to talk about a issue that has risen to more than a whisper but to really get citizens talking about a blatant injustice to the citizens of Greensboro for the past 37 years. It happens to do with the right of citizens to have a Protest Petition in zoning cases. Jordan Green from Yes Weekly has written some great articles on this issue and also if you read March 2nd Lead Editorial in Greensboro News & Record Editorial page titled " The Right To Protest" and on page 3 of editorial it had answers to the question of the week about Protest Petition.I would love to have your paper do a piece on this issue. I started a blog on this , it can be reached by going to this page,

http://protestpetitiongreensboro.blogspot.com/

There are some great angles to this story that are playing out to see, especially if we can get a bill passed to make Greensboro comply with having Protest Petitions or is it going to be business as usual . To hear councilman Matheny say in editorial that Greensboro is "different" please explain to us how a North Carolina General Statute takes into account that Greensboro is different. It is not fair that every major city has to abide by Protest Petitions but Greensboro is exempt.If the Rhino would like to talk about this please let me know because I would love to get your angle on Protest Petitions and is it fair that Greensboro doesn't have to comply with a North Carolina General Statute.

I saw you at the Lobby the Legislator Meeting looking at the Drudge Report but also saw you write some notes. Do you plan on writing a article about that night?

As you saw at that meeting the TREBIC CARTEL was there to oppose bringing back Protest Petitions. It was laughable to hear Gary Rogers say that Greensboro had the foresight back in 1971 to exempt themselves from Protest Petitions. No Mr. Rogers, the City of Greensboro just screwed their citizens of a law that is there for a purpose . I know this purpose because we had to use the Protest Petitions not once but twice against Blue Ridge Companies in High Point go ask David Hampton or David Couch they can tell you all about Protest Petitions and Sutton Place.

It dissappoints me to see your paper keep your head in the sand on this issue. I have been a loyal reader for a long time back to the Laredo's Picture Page Days.


Thanks and have a great weekend.If you would like to talk to me please do and let me know when a good time to call you might be.A correspondence would be appreciated.


Keith T. Brown
High Point North Carolina