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GREENSBORO - If the City Council's recommendation is approved by the state legislature, a rezoning protest petition will be coming back to Greensboro.

But the final form of the proposal wasn't clear Wednesday night.

The City Council asked the Greensboro Neighborhood Congress and real estate industry representatives to craft some compromise version of the protest petition that the council could consider in February.

The petition is a part of the state law. If 5 percent of nearby property owners sign the petition, a super majority of the City Council must say yes to approve a rezoning case.

Greensboro is the only city in the state where property owners are not able to use the protest petition. Greensboro was exempted from the law in 1971.

"Our citizens want the right every other citizen has in North Carolina," Councilwoman Goldie Wells said. "I think it is our responsibility to give them that right."

On Wednesday night, as the City Council considered its 2009 legislative agenda, the council debated whether to ask the legislature to repeal the exemption.

The council chamber was packed with opponents and proponents.

Art Davis, co-chairman of the Greensboro Neighborhood Congress, argued that the petition would encourage citizen participation.

"Council support of this important participation method will help give the opportunity for neighborhoods to shape their destiny," Davis said.

David Wharton took aim at the real estate industry with its top legal help, good funding and political connections. In contrast, he showed an image of what the neighbors have - two hands with which to pray.

Representatives of local real estate organizations spoke against restoring the protest petition, arguing it would deter development and job growth and increase the cost of building in the city. They also argued it takes away the rights of a property owner who wants to rezone.

City Council members struggled with the decision to restore the protest petition. Some council members indicated they were concerned that 5 percent of property owners is a very small number of people to block a rezoning.

Councilwoman Sandra Anderson Groat, a former builder, said she was concerned that protest petition would hurt affordable home building and in turn, first-time home buyers.

Councilman Robbie Perkins said development could move to the county, which has no protest petition.

"My hope would be we would further discuss this," Perkins said. "We can offer something that would be more comprehensive and fit Greensboro's needs."

Others said Greensboro residents should have the same abilities as the rest of the state.

"I look at this as another tool. That is all we are doing is giving citizens tools - tools to have their voice heard, and there is nothing wrong with that," Councilwoman T. Dianne Bellamy-Small said.

Contact Amanda Lehmert at 373-7075 or amanda.lehmert
@news-record.com