Who got to the local legislative delegation and persuaded them not to press for protest petitions?

The answer is unsurprising: the local real estate group and a prominent, politically-wired construction company. You can read the emails after the jump.

And so it falls to the Greensboro City Council to decide what comes next.

The developers have made their case against protest petitions. Will anyone step up to argue in favor of discussing them? Will our elected officials consider this topic, or will the developers call the tune?

The Cornwallis/Lawndale group, the neighborhoods near Friendly who recently lost to Mega, David Craft, Robbie Perkins...will anyone take the lead?

Email from Trebic:

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.

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.

    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  Frankly, the protest petition is antiquated and should be repealed statewide.

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.

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.

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.

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.

Sincerely,

Marlene Sanford

President

The honorables also got a note from Mega Builders, a company founded by Guilford County commissioner Mike Winstead:

Honorable Senators and Representatives:

I urge to think carefully before pursuing legislative changes to introduce the Protest Petition concept to the City of Greensboro.

While at first blush this may seem like a move to bring more citizens into the rezoning process, I feel like it will simply give more power to vocal few the to a silent majority.

As a resident of Greensboro for over 31 years I have seen many contentious re-zonings over the years. Obviously, in some the land owner/potential developer are victorious and in others the opposition wins the day. However, I do not feel that a majority of our citizens are displeased with the process.

Please consider all the consequences, both intended and unintended which may result if such legislative action is taken.

Private property rights are the cornerstone of our republic.

Please act prudently.

Thank you.

Francis X. Forde, Jr. Mega Builders, LLC

Comments

[Roch101]

Sanford wrote: "You can change the constitution of the United States with a simple majority..."

What is she talking about?

[Ishmael]

There is a Lustron home on Lawndale just a block or so from what was the proposed Walgreen's site. Aren't these considered historic?

See this link for a description of this type of home:

http://www.lustronconnection.org/home.html

[Stacey]

Phil Berger also received a $4,000 contribution from the NC Realtor's PAC and $2,000 from the NC Home Builder's Association PAC all just last month. I am not positive, but aren't those groups part of TREBIC? I am disappointed in our city council for showing such a lack of leadership on this issue.

[keith]

However, I do not feel that a majority of our citizens are displeased with the process.

That is amazing to hear from the company who had the straw that broke the camels back on citizens of Greensboro and beyond who were none too happy and wanted Protest Petitions back in Greensboro.

To have Robbie " Pave It " Perkins be the deciding vote on the property off of Friendly Avenue. Plus seeing the whole neighborhood right next door and Carriage Crossing and the neighborhood to the south at the western guilford stop light be in opposition made not one bit of difference to the Greensboro City Council. If they had a Protest Petition as every other city has in this state it wouldn't have passed.

So if anyone wants to thank Francis Forde and Megabuilders it was their zoning case that made people wake up to this situation.

Mr. Forde please ask the neighbors off of Horse Pen Creek Road, how about the Garden Lake community, let's ask the Kirkwood neighborhood, the westridge road area where they wanted to put townhomes, adams farm neighbors where Blue Ridge COmpanies bought twin oaks and on and on.

Stacey thanks for the tip on when Mr. Berger got campaign contributions from the building industry. It is funny that he doesn't have any opposition in November but still gets $4,000 from Realtors PAC and $2,000 from Builders PAC.

[Brian]

I think the citizens of Greensboro need to take up the challenge to create a unified group that could be proactive with development, zoning and planning efforts in the City. A group that spans the entire city would eliminate the need for disparate groups to form every time their particular neighborhood is affected by bad development. There is a need to move beyond NIMBY to Not In Greensboro.

[David Wharton]

Brian, the Greensboro Neighborhood Congress is a citywide group that has taken stands on matters of citywide importance, including planning and zoning. As a matter of principle it does not advocate for neighborhoods in particular rezoning cases, but it does provide neighborhoods with resources for organizing and with contacts to key parties in the community.

The GNC website has a list of neighborhoods and contact persons that might be instrumental in starting a group such as you envision.

[keith]

Yes weekly has a lead editorial called TREBIC Vs. Protest Petition out this week.

yesweekly

Great points made in the editorial.

[Billy For Mayor]

This is exactly the Status Quo I've railed about for 137 posts to date but no one gives a damn until it's their back yard.