Good news, bad news
The 751 Assemblage protest petition has been ruled valid, which means that in order for the land to rezoned to accommodate the development, 4 of our 5 county commissioners must vote in favor of it.
That ain't gonna happen.
The bad news?
According to the N&O:
I'm too stupid to understand why the petioning process should work that way. If there's a deadline for submission, and further signatures can't be added, why is there not a deadline for removing names?
I know of at least one instance where K&L Gates, the developers' attorney, has successfully lobbied signers of a protest petition to remove their names, clearing the way for a simple majority vote on a rezoning hearing. I'm betting there's a few people in South Durham who will be getting up close and personal with Patrick Byker real soon now.
That ain't gonna happen.
The bad news?
According to the N&O:
"There is one caveat," Medlin said: No signatures may be added to the petition, but people who signed it can change their minds and have their signatures withdrawn. If enough do so, it would invalidate the petition.
I'm too stupid to understand why the petioning process should work that way. If there's a deadline for submission, and further signatures can't be added, why is there not a deadline for removing names?
I know of at least one instance where K&L Gates, the developers' attorney, has successfully lobbied signers of a protest petition to remove their names, clearing the way for a simple majority vote on a rezoning hearing. I'm betting there's a few people in South Durham who will be getting up close and personal with Patrick Byker real soon now.
Labels: county commissioners, development
Since 1949, Durhamites have slept soundly, secure in the knowledge that, in our town, erection can be depended upon. Now, thanks to the power of the internets, we can spread that security all over the world.
4 Comments:
See NC Gen Stat 160A-386
No protest against any change in or amendment to a zoning ordinance or zoning map shall be valid or effective for the purposes of G.S. 160A-385 unless it be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment, and unless it shall have been received by the city clerk in sufficient time to allow the city at least two normal work days, excluding Saturdays, Sundays and legal holidays, before the date established for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of the petition. The city council may by ordinance require that all protest petitions be on a form prescribed and furnished by the city, and such form may prescribe any reasonable information deemed necessary to permit the city to determine the sufficiency and accuracy of the petition. A person who has signed a protest petition may withdraw his or her name from the petition at any time prior to the vote on the proposed zoning amendment. Only those protest petitions that meet the qualifying standards set forth in G.S. 160A-385 at the time of the vote on the zoning amendment shall trigger the supermajority voting requirement.
By
Tar Heelz, at 10:38 AM
So, what are you saying?
By
Barry, at 10:44 AM
1) [Protest must be] in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment, and unless it shall have been received by the city clerk in sufficient time to allow the city *at least two normal work days, excluding Saturdays, Sundays and legal holidays, before the date established for a public hearing on the proposed change....*
2) A person who has signed a protest petition may withdraw his or her name from the petition at *any time prior to the vote on the proposed zoning amendment.*
By
Tar Heelz, at 1:37 PM
Yeah, i know how to read and i'm familiar with the statute.
The question is why do we set a deadline to acquire signatures (presumably during that time, potential signatories are subject to pressure from people who don't want them to sign the petition) but once the deadline is passed, they are still subject to pressure from those in favor of the development. Meanwhile, people who didn't sign the petition before the deadline may want to change their minds, but they are forbidden by law to do so.
In other words, why do we continue to stack the deck against those who oppose rezoning applications?
"Because it's the law" simply begs the question.
By
Barry, at 1:45 PM
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