"GUIDELINES" is an understatement and yet another intrusion on the property rights of the citizens of Greensboro.
These guidelines were not written or approved by the people who will be most affected by them - the people who took the risk of opening businesses or relocating businesses in Downtown Greensboro, the people who bought property in the Central Business District without incentives and the people who will suffer when over-regulation and bad judgment by city government ruins downtown, AGAIN.
History shows us that it has happened before.
Also see: Calling All Property Rights Advocates
Showing posts with label zoning. Show all posts
Showing posts with label zoning. Show all posts
Loop Holes in Protest Petition
It's wonderful that the right to protest rezoning has been legally restored to Greensboro with provisions that make it harder to pass the horrible rezoning that has been done in our city in the past. However; there are several loop holes that are used to to the advantage of some who ask for rezoning.
1. There is a provision in NC law which was requested in the Greensboro Legislative Agenda and a coalition of municipal governments several years ago. (I can't remember the the official name of the group).
The law prohibits small unincorporated communities to incorporate if they are within a certain distance of an already incorporated city.
2. NC Law allows large cities to annex any area adjacent to their city limits without any restraints that I know about.
Greensboro uses these two provisions to swallow up areas around its perimeter and inflict "original zoning." to the area.
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.
COUNTY RESIDENTS 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 overwhelming majority of rezoning petitions are not subjected to a protest petition. . . .
Some of this Information provided by: 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
And:The Protest Petition Blog
http://protestpetitiongreensboro.blogspot.com
1. There is a provision in NC law which was requested in the Greensboro Legislative Agenda and a coalition of municipal governments several years ago. (I can't remember the the official name of the group).
The law prohibits small unincorporated communities to incorporate if they are within a certain distance of an already incorporated city.
2. NC Law allows large cities to annex any area adjacent to their city limits without any restraints that I know about.
Greensboro uses these two provisions to swallow up areas around its perimeter and inflict "original zoning." to the area.
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.
COUNTY RESIDENTS 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 overwhelming majority of rezoning petitions are not subjected to a protest petition. . . .
Some of this Information provided by: 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
And:The Protest Petition Blog
http://protestpetitiongreensboro.blogspot.com
Negotiation Backlash
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Thoughts on Zoning Protest Petition
I find the statement by Marlene Sanford, president of the Triad Real Estate and Building Industry Coalition who acts as TREBIC Representative to Greensboro City Council insincere.
According to the New-Record Feb. 14, Ms Sanford said: “The City Council asked us to work on a compromise,” . . . .“TREBIC came to the table to negotiate in good faith.”
When has TREBIC negotiated a real COMPROMISE in good faith?
Negotiation is defined as "try to reach an agreement or compromise by discussion with others."
Compromise is defined as "an agreement or a settlement of a dispute that is reached by each side making concessions."
Is TREBIC getting a taste of it's own brand of negotiating?
I find that most, if not always, the development industry in Greensboro only talks to those adversely affected by their policies to convince them that TREBIC is always right and negotiations are usually based on making minor changes to some development plans and do very little to change their "real plans."
Highly paid lawyers hired by developers with very little respect for good development and who are not people friendly, make a show of trying to work with residents adversely affected by their plans.
TREBIC, maybe the joke's on you this time.
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Thoughts on Zoning Protest Petition
I find the statement by Marlene Sanford, president of the Triad Real Estate and Building Industry Coalition who acts as TREBIC Representative to Greensboro City Council insincere.
According to the New-Record Feb. 14, Ms Sanford said: “The City Council asked us to work on a compromise,” . . . .“TREBIC came to the table to negotiate in good faith.”
When has TREBIC negotiated a real COMPROMISE in good faith?
Negotiation is defined as "try to reach an agreement or compromise by discussion with others."
Compromise is defined as "an agreement or a settlement of a dispute that is reached by each side making concessions."
Is TREBIC getting a taste of it's own brand of negotiating?
I find that most, if not always, the development industry in Greensboro only talks to those adversely affected by their policies to convince them that TREBIC is always right and negotiations are usually based on making minor changes to some development plans and do very little to change their "real plans."
Highly paid lawyers hired by developers with very little respect for good development and who are not people friendly, make a show of trying to work with residents adversely affected by their plans.
TREBIC, maybe the joke's on you this time.
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It's Not Just Parking
More thoughts on downtown incentives and parking in Downtowners Park (sometimes called panhandlers park)
Cara Michelle wrote:
I’m not a fan of incentives,. . . . . And I don’t think anyone offered incentives to Simmone (owner of M’Coul’s and Green Burro) or the other business owners in that area. If they add parking, Simmone better get some of it,
..........
It’s not just a few parking spaces. It is the idea that now that downtown is a good place to do business, why should an investor even have to ask for incentives. There were no incentives when most of us invested in property downtown or opened businesses there.
Why should the new guy get special parking privileges that no other business gets. Why should he be allowed to buy city property for a fraction of it's worth? What kind of scam is this? The whole thing stinks.
Why destroy one small park when the city spent so much to help build another park downtown that is privately owned by a non-taxpaying, so-called non-profit group.
I can’t understand how citizens can believe the web of lies that Robbie Perkins spews about no investment in downtown in years. Why is a new building a better investment for downtown than a rehab of an historic building in an historic district?
Simon Richy has improved the corner of Elm and McGee streets much more than this johnny-come-lately can ever do. And he hardly gets a thank you. Many others have invested in the area, also.
Cara Michelle wrote:
I’m not a fan of incentives,. . . . . And I don’t think anyone offered incentives to Simmone (owner of M’Coul’s and Green Burro) or the other business owners in that area. If they add parking, Simmone better get some of it,
..........
It’s not just a few parking spaces. It is the idea that now that downtown is a good place to do business, why should an investor even have to ask for incentives. There were no incentives when most of us invested in property downtown or opened businesses there.
Why should the new guy get special parking privileges that no other business gets. Why should he be allowed to buy city property for a fraction of it's worth? What kind of scam is this? The whole thing stinks.
Why destroy one small park when the city spent so much to help build another park downtown that is privately owned by a non-taxpaying, so-called non-profit group.
I can’t understand how citizens can believe the web of lies that Robbie Perkins spews about no investment in downtown in years. Why is a new building a better investment for downtown than a rehab of an historic building in an historic district?
Simon Richy has improved the corner of Elm and McGee streets much more than this johnny-come-lately can ever do. And he hardly gets a thank you. Many others have invested in the area, also.
Who Objects
Am I the only one who noticed that City Council Members who objected to the Zoning Protest Petition at the Jan. meeting are closely connected to the development, building or real estate industry?
Canada Dry Property and other thoughts on City Council Briefing Session
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Looks like a full program for the next Greensboro City Council briefing. Near the bottom of the agenda there is a line saying "Other Items as Time Permits". This could be a long session. Of course, many of the Council Members leave if the meeting goes on too long. Not like the televised meetings where most hang in there until the end.
According to the Greensboro City Webside, the Council Briefing tomorrow morning (5/8/07) includes a presentation regarding acquisition of the former Canada Dry site. I think the last time this was presented to the council in a briefing session, the presenters were from the Coliseum Management Team and the Greensboro Sports Commission.
Don't know who will do the presenting this time, but I suspect that it will be a very pro-buy group and a lot of talk about all the economic benefits that will come to the city when this property is developed. Listen with skepticism. The same side keeps giving the same arguments. Where is the debate?
I think the property should be developed. I'm not even against the city's acquiring it at a reasonable price. But, not for an ACC Hall of Fame and not at the expense of ignoring other properties that the city government owns and does not maintain properly.
I hope the presentation is not too long. There are other items on the agenda that should be considered carefully. Expanding city water and sewer into areas in the county and making it prime for annexation SHOULD BE DONE WITH CAUTION. I don't know how much more land the city can annex and continue to provide essential services to the whole city. The bond issue for new firestations is just one example of how much the cost of expanding the city limits is costing ALL city residents. Police protection is spread thin and taxes keep rising.
Enlarging the city limits willy-nilly, just to keep Greensboro "growing" and keeping it the third largest city in the state seems unwise at this time.
Council briefings are held at 8:30 am in the Plaza Level Conference Room in the Melvin Municipal Office Building, 300 West Washington Street, Greensboro.
Agenda for May 8, 2007 Council Briefing
Presentation regarding acquisition of former Canada Dry site
Update on the Greensboro/Guilford County Water and Sewer Agreement and related land use issues
Recommendation regarding capacity use fees
Presentation of Cool Cities proposal
Guilford Battleground Company presentation regarding long term plans
Heart of the Triad presentation
Other items as time permits:
- Set date for Noise Ordinance “Test”
Looks like a full program for the next Greensboro City Council briefing. Near the bottom of the agenda there is a line saying "Other Items as Time Permits". This could be a long session. Of course, many of the Council Members leave if the meeting goes on too long. Not like the televised meetings where most hang in there until the end.
According to the Greensboro City Webside, the Council Briefing tomorrow morning (5/8/07) includes a presentation regarding acquisition of the former Canada Dry site. I think the last time this was presented to the council in a briefing session, the presenters were from the Coliseum Management Team and the Greensboro Sports Commission.
Don't know who will do the presenting this time, but I suspect that it will be a very pro-buy group and a lot of talk about all the economic benefits that will come to the city when this property is developed. Listen with skepticism. The same side keeps giving the same arguments. Where is the debate?
I think the property should be developed. I'm not even against the city's acquiring it at a reasonable price. But, not for an ACC Hall of Fame and not at the expense of ignoring other properties that the city government owns and does not maintain properly.
I hope the presentation is not too long. There are other items on the agenda that should be considered carefully. Expanding city water and sewer into areas in the county and making it prime for annexation SHOULD BE DONE WITH CAUTION. I don't know how much more land the city can annex and continue to provide essential services to the whole city. The bond issue for new firestations is just one example of how much the cost of expanding the city limits is costing ALL city residents. Police protection is spread thin and taxes keep rising.
Enlarging the city limits willy-nilly, just to keep Greensboro "growing" and keeping it the third largest city in the state seems unwise at this time.
Council briefings are held at 8:30 am in the Plaza Level Conference Room in the Melvin Municipal Office Building, 300 West Washington Street, Greensboro.
Agenda for May 8, 2007 Council Briefing
Presentation regarding acquisition of former Canada Dry site
Update on the Greensboro/Guilford County Water and Sewer Agreement and related land use issues
Recommendation regarding capacity use fees
Presentation of Cool Cities proposal
Guilford Battleground Company presentation regarding long term plans
Heart of the Triad presentation
Other items as time permits:
- Set date for Noise Ordinance “Test”
Landfill Permits
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Representative Pricey Harrison (e-mail: Priceyh@ncleg.net) (D-Guilford) has introduced a bill about landfills in NC - HB2192 Amend Solid Waste Franchise Statutes:
This bill would require that local governments provide adequate public notice of award or renewal of franchise agreements governing proposed landfills.
Proposals to construct and operate a number of large landfills in the State are pending.
If these proposed landfills are permitted, North Carolina could become a net importer of trash.
See other post on this blog about trash disposal and traveling trash and more info about dumps.
Representative Pricey Harrison (e-mail: Priceyh@ncleg.net) (D-Guilford) has introduced a bill about landfills in NC - HB2192 Amend Solid Waste Franchise Statutes:
This bill would require that local governments provide adequate public notice of award or renewal of franchise agreements governing proposed landfills.
Proposals to construct and operate a number of large landfills in the State are pending.
If these proposed landfills are permitted, North Carolina could become a net importer of trash.
See other post on this blog about trash disposal and traveling trash and more info about dumps.
What About Cedar Street ? ?
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Where have the talks gone? Where have the plans gone? There was much ado with planning sessions and maps and citizen suggestions and city staff presentations. Then. . . . . . .What?
Who knows what a Conservation District really is? I have heard the term tossed around, but never defined. There is a neighborhood near downtown commonly known as The Bellemeade District or the Cedar Street Area. What one calls the area depends on what one wants to happen to the area. The developers call it Bellemeade. The preservationist call it Cedar Street.
Some people seem to define the Cedar Street area as the run-down burned out apartment complex on the corner of Cedar and Friendly. Local developers really want that piece of property. Some people define the area as the location where a downtown development called Bellemeade Village is being built. Greensboro City Council seems to want to really help one area and just talk about helping the other. I'm confused.
The terms seem to talk about different places, but they both refer to the same general area between Friendly Ave. and Battleground Ave. from Eugene Street to the old train tracks that run between Cedar and Wilson streets. The planners say it has the potential to be considered a "conservation district". This is some kind of overlay zoning. I am not sure anyone knows exactly what the term means.
Many residents of old neighborhoods bristle at the thought of being designated an 'historic district". We know the meaning of that term. So, I suspect that the new designation will be similar to the historic district, without the restrictions on tear downs and new buildings. Sounds like a developers dream. But maybe not.
So what does it mean to "retain the character of the neighborhood"?
I found a site that describes the Chapel Hill definition of a conservation area. It seems pretty restrictive to me. Look at Chapel Hill's rules for aConservation District.
What do you think?
http://www.ci.chapel-hill.nc.us/index.asp?NID=144#DesignationCriteria
Where have the talks gone? Where have the plans gone? There was much ado with planning sessions and maps and citizen suggestions and city staff presentations. Then. . . . . . .What?
Who knows what a Conservation District really is? I have heard the term tossed around, but never defined. There is a neighborhood near downtown commonly known as The Bellemeade District or the Cedar Street Area. What one calls the area depends on what one wants to happen to the area. The developers call it Bellemeade. The preservationist call it Cedar Street.
Some people seem to define the Cedar Street area as the run-down burned out apartment complex on the corner of Cedar and Friendly. Local developers really want that piece of property. Some people define the area as the location where a downtown development called Bellemeade Village is being built. Greensboro City Council seems to want to really help one area and just talk about helping the other. I'm confused.
The terms seem to talk about different places, but they both refer to the same general area between Friendly Ave. and Battleground Ave. from Eugene Street to the old train tracks that run between Cedar and Wilson streets. The planners say it has the potential to be considered a "conservation district". This is some kind of overlay zoning. I am not sure anyone knows exactly what the term means.
Many residents of old neighborhoods bristle at the thought of being designated an 'historic district". We know the meaning of that term. So, I suspect that the new designation will be similar to the historic district, without the restrictions on tear downs and new buildings. Sounds like a developers dream. But maybe not.
So what does it mean to "retain the character of the neighborhood"?
I found a site that describes the Chapel Hill definition of a conservation area. It seems pretty restrictive to me. Look at Chapel Hill's rules for aConservation District.
What do you think?
http://www.ci.chapel-hill.nc.us/index.asp?NID=144#DesignationCriteria
Drug Games
The games go on with Bristol-Myers Squibb about potential sites for their new drug plant.
The Raleigh N&O reported that a spokesman for the giant drug company would only say that the company is considering sites in New York, Massachusetts, Rhode Island and North Carolina. "I can't comment on any specific sites," he said.
But the N&R _ (sorry, I should have said the Raleigh N&O) _ reported today that people involved in the negotiations in Wake County said that the company is now considering a different site in North Carolina, possibly in Lee County.
Before the Bristol-Myers games began, the Wake County Board of Commissioers had planned to approve the almost 500-acre site for a landfill that planners say could handle the county’s trash for about 25 years.
Tony Gurley, chairman of the Wake County Board of Commissioners, said a majority of the board felt that the drug plant would have been a better deal, but without it, the landfill will probably go forward.
Holly Springs Mayor Dick Sears said he hopes that county commissioners will realize the potential of the land and will not vote to build a landfill on the site.
Commissioners will consider their options at a regular meeting May 1.
Raleigh N&O
previous post
The Raleigh N&O reported that a spokesman for the giant drug company would only say that the company is considering sites in New York, Massachusetts, Rhode Island and North Carolina. "I can't comment on any specific sites," he said.
But the N&R _ (sorry, I should have said the Raleigh N&O) _ reported today that people involved in the negotiations in Wake County said that the company is now considering a different site in North Carolina, possibly in Lee County.
Before the Bristol-Myers games began, the Wake County Board of Commissioers had planned to approve the almost 500-acre site for a landfill that planners say could handle the county’s trash for about 25 years.
Tony Gurley, chairman of the Wake County Board of Commissioners, said a majority of the board felt that the drug plant would have been a better deal, but without it, the landfill will probably go forward.
Holly Springs Mayor Dick Sears said he hopes that county commissioners will realize the potential of the land and will not vote to build a landfill on the site.
Commissioners will consider their options at a regular meeting May 1.
Raleigh N&O
previous post
Town Helps Developer
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The Raleigh N&O reports that the Morrisville Board of Commissioner's voted to condemn a strip of land for developer Ed White, past president of the local Chamber of Commerce, to build a road into his new residential neighborhood. White has been in negotiations with the owners of the land who are asking more than he thinks the land is worth. He appealed to the board for help.
The N&O also reported that White said he is still willing to pay top dollar for a strip of land owned by the Davis Family.
"It's really to the benefit of a lot of people, and it's not detrimental to anybody," White said later.
See Town helps Developer nab land
http://www.newsobserver.com/125/story/415321.html
The Raleigh N&O reports that the Morrisville Board of Commissioner's voted to condemn a strip of land for developer Ed White, past president of the local Chamber of Commerce, to build a road into his new residential neighborhood. White has been in negotiations with the owners of the land who are asking more than he thinks the land is worth. He appealed to the board for help.
The N&O also reported that White said he is still willing to pay top dollar for a strip of land owned by the Davis Family.
"It's really to the benefit of a lot of people, and it's not detrimental to anybody," White said later.
See Town helps Developer nab land
http://www.newsobserver.com/125/story/415321.html
Right Thing! Wrong Reason?
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The New Greensboro City Council made some good decisions last night. To deny the purchase of the Cedar Street property was a good decision. If the property meets RUCO standards, there is no good reason to harass the landlord or force him out of the area. When he decides that he can make more money by selling the land, than by keeping it and paying taxes and fines and repair costs, he will. Or maybe he will be the one to build better housing there. Who knows, but the city government just needs to make sure that the complex provides safe housing.
I liked the comments about landlords' rights. Bad tenants are responsible for lots of damage to rental property. Low rent property can't stay low rent if the owner has to spend more and more to repair damage done by irresponsible renters.
The problem of affordable housing for low income residents has many facets. Bad landlords is only one of them.
To postpone making a decision on the multi-family zoning and change to the FLUM on Freeman Mill Road was a good decision - Only because the council and citizens seemed confused by the situation. Actually, everybody there seemed confused. "Confuse and Conquer" seemed to be the tactic of the proponents of this change in the FLUM. The Council showed good judgment.
The decision to extend sewer service to the Pleasant Garden shopping center did not make the grade. I don't feel sorry for people who move out of the city so they will not have to pay city taxes and then complain that they have to drive into town to buy groceries. Most of them probably drive into town to work. Maybe they could shop here too. A few local celebrities show up at a City Council Meeting and look what happens. The council goo goos and melts.
The New Greensboro City Council made some good decisions last night. To deny the purchase of the Cedar Street property was a good decision. If the property meets RUCO standards, there is no good reason to harass the landlord or force him out of the area. When he decides that he can make more money by selling the land, than by keeping it and paying taxes and fines and repair costs, he will. Or maybe he will be the one to build better housing there. Who knows, but the city government just needs to make sure that the complex provides safe housing.
I liked the comments about landlords' rights. Bad tenants are responsible for lots of damage to rental property. Low rent property can't stay low rent if the owner has to spend more and more to repair damage done by irresponsible renters.
The problem of affordable housing for low income residents has many facets. Bad landlords is only one of them.
To postpone making a decision on the multi-family zoning and change to the FLUM on Freeman Mill Road was a good decision - Only because the council and citizens seemed confused by the situation. Actually, everybody there seemed confused. "Confuse and Conquer" seemed to be the tactic of the proponents of this change in the FLUM. The Council showed good judgment.
The decision to extend sewer service to the Pleasant Garden shopping center did not make the grade. I don't feel sorry for people who move out of the city so they will not have to pay city taxes and then complain that they have to drive into town to buy groceries. Most of them probably drive into town to work. Maybe they could shop here too. A few local celebrities show up at a City Council Meeting and look what happens. The council goo goos and melts.
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