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OPINION

Protest petitions: Another view

Tuesday, January 20, 2009
(Updated 3:00 am)

BY MARLENE SANFORD

Protest petitions are a bad idea that gets worse the more you think about it.

Their purpose is to make it harder to rezone property. In this recession, the last thing Greensboro needs is to signal that we don't want development and job growth.

But even more troubling is that protest petitions are just plain undemocratic.

Proponents say it "levels" the playing field with a big stick against developers. What it really does is stand democracy on its head by giving one property owner -- a rezoning opponent -- an unfair advantage over another property owner -- one who wants to rezone his or her property.

It assumes the arguments of one property owner are always compelling and deserve advantage, while the arguments of the other property owner are always suspect and should be hobbled.

Consider the reverse: If the owners of 5 percent of the land next to a rezoning sign a support petition, then it takes 75 percent of the City Council to REJECT it. Ridiculous? Of course. It is tyranny of the minority.

It is actually easier to change the U.S. Constitution than to get a rezoning approved under a protest petition.

Proponents argue that "everybody else does it." But none of the 100 North Carolina counties has it (legally).

And if we're governing by the lemming model, then we have to get rid of anything else that is unique, like RUCO and the Citizen Initiative Petition (which some remember is why we got the protest petition exemption in 1971). More important, history is full of things that "everybody" used to do, until we grew to understand that it wasn't fair and equal treatment for all.

Our zoning process isn't broken. We've made changes to give neighbors more effective involvement. Developers meet with neighbors (or suffer the consequences), compromises are made, some applications are withdrawn, some are denied. It is a very rare case that remains so legitimately controversial that there is a close vote by the City Council.

Smarter growth-management plans like Greensboro's promote infill, higher densities and mixed uses. But neighborhood opposition is a very real barrier to these planning concepts, and protest petitions make it even harder.

Proponents say that because only four cases statewide in 2006 were affected by protest petitions, they have had no great impact on development in other cities, and they must be OK.

We say if they have had no great impact, what is the compelling reason to pass such an unfair ordinance in the first place?

Protest petitions are just one more blow to thousands of hardworking people and their families in an already reeling industry that has the very difficult job of building the local tax base.

The writer is president of the Triad Real Estate and Building Industry Coalition.

Comments

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Panacea

January 20, 2009 - 7:13 am EST

The argument that protest petitions allow one property owner to trump the right of another property owner to build on their own land sounds reasonable. Until, that is, you take into the account the fact the property owner in question is a developer who will build on the land, then sell the whole kit and caboodle to someone else.

We don't need a Walmart on every corner, nor a Walgreen's. Many properties are developed simply because of demographics. Is there an Eckerts on Street A? Then CVS or Walgreen's feels impelled to build a competing storefront across the street. And when economic times go bad, businesses close stores, leaving empty shells of buildings to decay, fill with vermin, get vandalized, and become fire hazards.

People have a right to a voice to what is built next to their property. It affects their standard of living, and the resale value of their property. City leaders need to think long term and not short term when it comes to development: think about what will happen when (not if) the economy sours to those storefronts and apartment buildings. About traffic patterns. About the impact on other businesses in the area. About the environment.

The developer's need to make a buck is understandable. But they have too much carte blanche to build whatever they want, wherever they want, with no care to the consequences for others. If we are truly to be a community, and not just connected parcels of land, there needs to be a means for neighbors to have their voices heard by their leaders.

Protest petitions do that.

jackhartjj

January 20, 2009 - 8:43 am EST

"The writer is president of the Triad Real Estate and Building Industry Coalition."
That gives your comments no useful consideration!

GsoFan

January 20, 2009 - 1:51 pm EST

I am amazed that the N&R dedicated so much space on their editorial page to TREBIC. How was TREBIC allowed to circumnavigate the 200 word max? Were pro-Protest Petition writers given the same opportunity?

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