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.
Showing posts with label triad business journal. Show all posts
Showing posts with label triad business journal. Show all posts
Mar 29, 2010
May 22, 2008
TREBIC propaganda letter to the State Legislators with comments
Below you will find the TREBIC propaganda letter that was sent to the North Carolina State Legislators on May 13, 2008 in opposition to letting the citizens of Greensboro have the right to a Protest Petition . The TREBIC modus operandi on this issue was pathetic to witness. .
In the Triad Business Journal January18-24 2008 in the Triad Talk section this is what was said. " Developers always have the upper hand in Guilford County" says Reid Phillips, an attorney with Brooks Pierce in Greensboro. They have boards packed with their people. They have experience. They are masters of divide and conquer. They can also wear people out with continuances.
It is hard for grass roots efforts to compete with this modus operandi.
The issue of Protest Petitions for Greensboro has struck a real fire into a lot of people who are amazed that they don't have this North Carolina General Statute to use . In a future posting , there is going to be a case made from how the Greensboro City Council during their talk about the legislative agenda for 2008 on May 7th made a compelling case for Protest Petitions while talking about another issue.
In the letter below from the Triad Real Estate and Building Industry Coalition "TREBIC", you will see comments made in red after some of the paragraphs. This will show you the other side of this issue on Protest Petitions for Greensboro.
From: Marlene Sanford
msanford@trebic.org
Sent: Tuesday, May 13, 2008 2:30
Subject: URGENT - Greensboro Protest Petition decision at the May 15 Guilford Delegation meeting
Importance: High
May 13, 2008
Senators Stan Bingham, Phil Berger, Katie Dorsett and Kay Hagan, and Representatives Alma Adams, John Blust, Katie Dorsett, Maggie Jeffus, Earl Jones, Pricey Harrison and Laura Wiley
RE: Greensboro Rezoning Protest Petition
Dear Senators and Representatives:
We are very concerned at the discussion of instituting rezoning Protest Petitions in the Greensboro . We urge you NOT to pursue this.
All through the original letter they use bold type settings trying to make a point but show their arrogance in the letter, for example with the word NOT
Greensboro was exempted from this in 1971, we think in part because only Greensboro has a Citizen Initiative Petition where citizens can take any ordinance (including rezonings) to a citywide referendum.
As you can see they use the 2 words "we think" , in reality they don't have a clue what happened. The editorial from Yes Weekly had this to say, " It was nullified in Greensboro amid a storm of property development in 1970", that sounds like more of what happened, then "we think".Please read the article in Yes Weekly from the front page of this blog posted on February 17, 2008.
Protest petitions were “born” in the early 1900s because getting information to the public was difficult. Now, nearly 100 years later we’re in a new century and the “information age” and the communication problem no longer exists. There are strict rules for public notice and most developers voluntarily meet with neighbors. "Infill" development and redevelopment was not an issue then, but it is now, and allowing protest petitions will make it even harder to achieve smart growth developments where neighborhoods generally oppose higher densities and mixed uses that fit into the "better land use management plan" that Greensboro adopted in 2003. Frankly, the protest petition is antiquated and should be repealed statewide.
Where can we start with this one 2 points first on how your hear them say "most developers voluntarily meet with neighbors". The key word is "most" it is amazing that there is not a requirement for the developers to meet with neighbors in Greensboro.David Wharton who is a member of the Greensboro Land Development Ordinance Committee had this to say"This might interest you: I and others tried hard to get a "meet and confer" requirement written into the new ordinance, which would require a developer seeking a rezoning to meet with the neighbors beforehand and to report to the zoning commission the outcome of the meeting.
The best we could get was a requirement that developers must report to the zoning commission on their efforts to confer with neighbors, which means that if they didn't try to meet, they have to say that."
NC’s protest petition process allows a mere 5% of property owners within 100’ of the subject property to petition for a 75% vote of the full council (not “those present”) to pass the rezoning. In Greensboro that’s 7, and 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. A democracy is run by majority vote. You can change the constitution of the United States with a simple majority, or with only a 2/3 vote of those elected representatives (Congress) present.
You can't change the constitution with a simple majority,
Greensboro 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.
In other words it still only takes a 5-4 decision.
The 100 counties in NC do not allow protest petitions. While some other states do allow protest petitions, it is not pervasive and we found no states that allow a mere 5% to lodge a protest.
This is factually wrong, you might want to do some more research.
Local news reports have quoted City Council members urging caution, and some neighborhood advocates who fear it will impede the implementation of neighborhood preservation efforts. Citywide neighborhood groups are not taking up this cause. Greensboro goes to great effort to balance business friendliness with neighborhood stability, and does a pretty good job of it. This is a local government issue, and the legislative delegation should not pursue it.
TREBIC, please go ask the Greensboro Neighborhood Congress where they stand on this issue. The reason why it has become a state issue is because the Greensboro City Council has done nothing, the silence is deafening. The exemption should have never been taken away from Greensboro citizens in the first place.
Ed cone wrote a column called "Power to the people may be restored". In it is a paragraph in regards to Greensboro City Council member Robbie Perkins and it states:Certainly it is hard to look at our landscape, our City Council, or our recent history and argue that neighborhoods couldn't use a little help when it comes to development issues. City Councilman (and developer) Robbie Perkins says his industry must work on its bully-boy image. "Greensboro developers need to reverse the perception that they get everything they want," he says. "Otherwise, the pendulum will swing and development in the city will be severely curtailed."
Thank you TREBIC for a letter that shows your true colors and self interest
Sincerely,
Marlene Sanford
President
In the Triad Business Journal January18-24 2008 in the Triad Talk section this is what was said. " Developers always have the upper hand in Guilford County" says Reid Phillips, an attorney with Brooks Pierce in Greensboro. They have boards packed with their people. They have experience. They are masters of divide and conquer. They can also wear people out with continuances.
It is hard for grass roots efforts to compete with this modus operandi.
The issue of Protest Petitions for Greensboro has struck a real fire into a lot of people who are amazed that they don't have this North Carolina General Statute to use . In a future posting , there is going to be a case made from how the Greensboro City Council during their talk about the legislative agenda for 2008 on May 7th made a compelling case for Protest Petitions while talking about another issue.
In the letter below from the Triad Real Estate and Building Industry Coalition "TREBIC", you will see comments made in red after some of the paragraphs. This will show you the other side of this issue on Protest Petitions for Greensboro.
From: Marlene Sanford
msanford@trebic.org
Sent: Tuesday, May 13, 2008 2:30
Subject: URGENT - Greensboro Protest Petition decision at the May 15 Guilford Delegation meeting
Importance: High
May 13, 2008
Senators Stan Bingham, Phil Berger, Katie Dorsett and Kay Hagan, and Representatives Alma Adams, John Blust, Katie Dorsett, Maggie Jeffus, Earl Jones, Pricey Harrison and Laura Wiley
RE: Greensboro Rezoning Protest Petition
Dear Senators and Representatives:
We are very concerned at the discussion of instituting rezoning Protest Petitions in the Greensboro . We urge you NOT to pursue this.
All through the original letter they use bold type settings trying to make a point but show their arrogance in the letter, for example with the word NOT
Greensboro was exempted from this in 1971, we think in part because only Greensboro has a Citizen Initiative Petition where citizens can take any ordinance (including rezonings) to a citywide referendum.
As you can see they use the 2 words "we think" , in reality they don't have a clue what happened. The editorial from Yes Weekly had this to say, " It was nullified in Greensboro amid a storm of property development in 1970", that sounds like more of what happened, then "we think".Please read the article in Yes Weekly from the front page of this blog posted on February 17, 2008.
Protest petitions were “born” in the early 1900s because getting information to the public was difficult. Now, nearly 100 years later we’re in a new century and the “information age” and the communication problem no longer exists. There are strict rules for public notice and most developers voluntarily meet with neighbors. "Infill" development and redevelopment was not an issue then, but it is now, and allowing protest petitions will make it even harder to achieve smart growth developments where neighborhoods generally oppose higher densities and mixed uses that fit into the "better land use management plan" that Greensboro adopted in 2003. Frankly, the protest petition is antiquated and should be repealed statewide.
Where can we start with this one 2 points first on how your hear them say "most developers voluntarily meet with neighbors". The key word is "most" it is amazing that there is not a requirement for the developers to meet with neighbors in Greensboro.David Wharton who is a member of the Greensboro Land Development Ordinance Committee had this to say"This might interest you: I and others tried hard to get a "meet and confer" requirement written into the new ordinance, which would require a developer seeking a rezoning to meet with the neighbors beforehand and to report to the zoning commission the outcome of the meeting.
The best we could get was a requirement that developers must report to the zoning commission on their efforts to confer with neighbors, which means that if they didn't try to meet, they have to say that."
As you can see David Wharton says the best we could get, because people like Gary Rogers with Starmount Company,Trip Brown with Brown Investment,Keith Price with Samet Companies,James Cox with Mid-City Urban,Jessica Marlies with Brooks Pierce Law Firm,Mike Fox with Tuggles Duggins Law Firm,Dick Franks with Koury Corp.,Gary Hill with McAlphine Company,Gary Wolf with SparrowWolf Law Firm, and Mary Skenes with Yost and Little. So 10 out of 14 are TREBIC members or close allies with TREBIC for the Land Development Ordinance Citizen Advisory Team. As said before by Lawyer Reid Phillips ,boards get packed with TREBIC all the time especially in Greensboro where as Mike Barber said at a Greensboro City Council meeting on April 1st "TREBIC has been contacted and TREBIC has some interest".
The other point has to do with TREBIC saying that " Protest Petition is antiquated and should be repealed statewide". It should be noted that Protest Petitions are not antiquated but the exemption of Greensboro from this North Carolina General Statute is antiquated. Let's have the State Legislators pass a bill to make Greensboro comply with this statute and then TREBIC can lobby to deny the citizens of the whole state of North Carolina their right to protest unwanted development in their neighborhood.Good luck with that endeavor.
It is also noted that they left out the condescending quote from Gary Rogers TREBIC chairman saying that Greensboro had the foresight to exempt themselves from Protest Petitions.No, Mr. Rogers, it was not foresight. It was an effort to take away a right of the citizens to use the power of petitions against unwanted development in established neighborhoods
NC’s protest petition process allows a mere 5% of property owners within 100’ of the subject property to petition for a 75% vote of the full council (not “those present”) to pass the rezoning. In Greensboro that’s 7, and 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. A democracy is run by majority vote. You can change the constitution of the United States with a simple majority, or with only a 2/3 vote of those elected representatives (Congress) present.
You can't change the constitution with a simple majority,
Greensboro 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.
In other words it still only takes a 5-4 decision.
The 100 counties in NC do not allow protest petitions. While some other states do allow protest petitions, it is not pervasive and we found no states that allow a mere 5% to lodge a protest.
This is factually wrong, you might want to do some more research.
Local news reports have quoted City Council members urging caution, and some neighborhood advocates who fear it will impede the implementation of neighborhood preservation efforts. Citywide neighborhood groups are not taking up this cause. Greensboro goes to great effort to balance business friendliness with neighborhood stability, and does a pretty good job of it. This is a local government issue, and the legislative delegation should not pursue it.
TREBIC, please go ask the Greensboro Neighborhood Congress where they stand on this issue. The reason why it has become a state issue is because the Greensboro City Council has done nothing, the silence is deafening. The exemption should have never been taken away from Greensboro citizens in the first place.
Ed cone wrote a column called "Power to the people may be restored". In it is a paragraph in regards to Greensboro City Council member Robbie Perkins and it states:Certainly it is hard to look at our landscape, our City Council, or our recent history and argue that neighborhoods couldn't use a little help when it comes to development issues. City Councilman (and developer) Robbie Perkins says his industry must work on its bully-boy image. "Greensboro developers need to reverse the perception that they get everything they want," he says. "Otherwise, the pendulum will swing and development in the city will be severely curtailed."
Thank you TREBIC for a letter that shows your true colors and self interest
Sincerely,
Marlene Sanford
President
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