Dunn/Falls of Neuse Protest Petitions Saved by Last Minute Amendment

Today the NC House had a third and final reading of House Bill 201 to repeal homeowners’ right to file a rezoning protest petition.  The bad news is that the House reaffirmed yesterday’s vote and passed the bill with today’s final vote.  The measure now moves to the Senate where we vow to fight its passage.

The good news (such as it is) is that existing protest petitions are grandfathered.  This means that the protest petitions for Dunn and Falls of Neuse remain intact.

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NC House Votes to Repeal Homeowners’ Right to File Rezoning Protest Petitions

Today the NC House voted on bill 201 to repeal the right of homeowners to file a protest petition to raise the bar on rezonings.  For nearly 100 years citizens in North Carolina have had the right to challenge rezonings with protest petitions and requiring a 3/4 vote of City Council to pass a rezoning rather than a simple majority.  By raising the bar citizens increase the likelihood that property will be developed in a way that is fair to the developer and to the adjacent property owners.  There was never a guarantee that fairness would happen.  But the protest petition did increase the chances.

 So, how did the Representatives vote today?  81 voted in favor of House Bill 201 and 31 voted against it.  This means that 81 members of the NC House voted to take away your right to file a protest petition and raise the bar on rezoning requests.  In Raleigh raising the bar means that six votes would be needed instead of five votes (out of eight) to pass a rezoning.  The majority of Representatives, however, feel that this one extra vote was so unfair to developers that they decided to take it away from you, the homeowner.

 To see exactly which Representatives voted yes and which voted no, you can visit this page: 

 http://www.ncleg.net/gascripts/voteHistory/RollCallVoteTranscript.pl?sSession=2015&sChamber=H&RCS=76

 You can write to the entire House at this email address to express your thoughts about this vote to take away this modest right to protect your single most important investment: your home.  To reach all the Representatives in the house write to:  

HouseE-mail@ncleg.net

 In particular, you should also write to Representative Paul Stam (a Wake County Republican) and Representative Darren Jackson (a Wake County Democrat) who co-sponsored this bill.

  • Mr. Stam can be reached at Paul.Stam@ncleg.net
  • Mr. Jackson can be reached at Darren.Jackson@ncleg.net

 I am personally very sorry about this result.  I know we all tried to convince our elected Representatives to preserve this right.  Thank you all for joining with me.  We tried and that is all we can do.

David Cox

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Immediate Action Needed

Hello everyone,

We just received this note from Tom Miller of Durham. He is alerting groups statewide that the NC House will vote tomorrow (Monday, March 23) at 7pm on House Bill 201 that will repeal our right to file rezoning protest petitions. This bill has moved very quickly through the House Committee on Local Government.

In a last minute effort Representative Luebke submitted an amendment to save this nearly 100 year old right file rezoning protest petitions. A voice vote was taken and Representative Ford (who was running the meeting) declared that the amendment had failed. HOWEVER, the audio of the voice vote is available and a review of the audio clearly shows that the amendment had, in fact, passed.

What does this tell us? It tells us that the Luebke amendment to save rezoning protest petitions did, in fact, pass. However, Representative Ford disagreed and now the bill is going to the House floor for a vote. You can listen to the voice vote here on the NORCHOA YouTube Channel:

https://www.youtube.com/watch?v=7T39XmWp…

Please email immediately the following representatives from Wake County and the Committee on Local Government. Time is of the essence:

HouseE-mail@ncleg.net
Nelson.Dollar@ncleg.net
Marilyn.Avila@ncleg.net
Neal.Hunt@ncleg.net
Rosa.Gill@ncleg.net
Duane.Hall@ncleg.net
Yvonne.Holley@ncleg.net
Darren.Jackson@ncleg.net
Chris.Malone@ncleg.net
Grier.Martin@ncleg.net
Tom.Murry@ncleg.net
Paul.Stam@ncleg.net
Chad.Barefoot@ncleg.net
Tamara.Barringer@ncleg.net
Dan.Blue@ncleg.net
Neal.Hunt@ncleg.net
Josh.Stein@ncleg.net
Ted.Davis@ncleg.net
Carl.Ford@ncleg.net
James.Langdon@ncleg.net
John.Ager@ncleg.net
Jamie.Boles@ncleg.net
Bill.Brawley@ncleg.net
Rayne.Brown@ncleg.net
Justin.Burr@ncleg.net
George.Cleveland@ncleg.net
John.Faircloth@ncleg.net
Jean.Farmer-Butterfield@ncleg.net
Susan.Fisher@ncleg.net
Elmer.Floyd@ncleg.net
George.Graham@ncleg.net
Yvonne.Holley@ncleg.net
Charles.Jeter@ncleg.net
Paul.Luebke@ncleg.net
Gary.Pendleton@ncleg.net
Stephen.Ross@ncleg.net
Mitchell.Setzer@ncleg.net
Harry.Warren@ncleg.net
Sam.Watford@ncleg.net
jacksonla@ncleg.net
stamla@ncleg.net
John.fraley@ncleg.net
Marilyn.avila@ncleg.net
Ken.goodman@ncleg.net
John.alexander@ncleg.net

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Homeowners Statewide Fight Repeal of Rezoning Protest Petitions 

For Immediate Release:

The Grassroots Movement, Protect North Carolina Homeowners, grows to include neighbors from Fuquay, Wilmington, and Greensboro.

Social media is working quickly to connect neighbors in far reaching places in North Carolina who have taken notice of the State Legislature’s attempt to repeal Valid Statutory Protest Petitions.  Within a few days numerous neighborhoods in Raleigh have connected to neighbors in Fuquay, Wilmington, and Greensboro to coordinate activities and exchange ideas.

House Bill 201 introduced by Representatives Paul Stam, Darren Jackson,  Ken Goodman, and John Fraley, will eliminate by a complete repeal of a nearly 100 year old right granted to homeowners to file a protest petition to protect their homes from harmful rezonings of adjacent properties.  Protest petitions require passage of a rezoning with a supermajority rather than a simple majority – giving homeowners equal footing with wealthy and powerful developers and lobbyists.  The right to file protest petitions has been upheld for generations.  Now, four people from both political parties promise to undo this important right.

In the coming week expect the grassroots movement, Protect North Carolina Homeowners, to quickly grow as more awareness grows of these egregious actions. 

Grow Raleigh Great
North Raleigh Coalition of Homeowners
Protect North Carolina Homeowners

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BREAKING NEWS: PUBLIC HEARING SET FOR DUNN/FALLS REZONING

BREAKING NEWS : DATE SET FOR PUBLIC REZONING HEARING FOR DUNN AND FALLS OF NEUSE

MAY 12, 6:30 PM IN CITY COUNCIL CHAMBERS AT 222 W. HARGETT STREET

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FOR IMMEDIATE RELEASE – STOP HOUSE BILL 201 TO PROTECT HOMEOWNER RIGHTS!

FOR IMMEDIATE RELEASE

North Carolina Homeowners Form “PROTECT NORTH CAROLINA HOMEOWNERS” to Oppose Legislation to Repeal Homeowners’ Right to File Rezoning Protest Petitions

Contact: norchoa@gmail.com;  norchoa.wordpress.com

One hundred years ago our great-grandparents’ generation enacted zoning statutes to provide fair and predictable growth and development.  Part of those enacted statutes included a RIGHT for property owners adjacent to a proposed rezoning to file a Valid Statutory Protest Petition (or VSPP).

A VSPP requires a City Council to pass a rezoning with a 3/4 vote rather than a simple majority.  Protest petitions do not prevent rezoning.  However, they do raise the bar a bit to ensure that adjacent property owners are treated fairly.

VSPPs are a strong motivator for compromise and accommodation.  Without VSPPs adjacent property owners (notably homeowners) are at the mercy of wealthy developers who have the financial resources to contribute to political campaigns, hire lobbyists, and have regular access to politicians.  VSPPs level the playing field a bit to ensure that even homeowners with such resources get a fair shake.

Today there is an effort in the North Carolina Legislature to repeal VSPPs in the form of House Bill 201 sponsored by Representatives Paul Stam, Ken Goodman, Darren Jackson, and John Fraley.  Their bill will repeal a right that was established 92 years ago by our ancestors.  Every generation and legislative body since that time has upheld this important right – a right especially important to homeowners and potential home buyers.

If House Bill 201 passes, every homeowner and home buyer in the state will lose an important tool to protect their largest and most important investment – their homes.

PROTECT NORTH CAROLINA HOMEOWNERS is a grassroots movement designed to organize North Carolina homeowners into an effective political power specifically to protect this very important and fundamental RIGHT!

House Bill 201 is currently in the House Committee on Local Government.  We encourage every homeowner in North Carolina to write to the members of this Committee and demand that House Bill 201 be rejected and demand that the members of this Committee protect the rights of homeowners – a right created by our great-grandparents and handed down to us by our grandparents and parents.

Emails for the members of the Committee on Local Government are:

Ted.Davis@ncleg.net

Carl.Ford@ncleg.net

James.Langdon@ncleg.net

John.Ager@ncleg.net

Jamie.Boles@ncleg.net

Bill.Brawley@ncleg.net

Rayne.Brown@ncleg.net

Justin.Burr@ncleg.net

George.Cleveland@ncleg.net

John.Faircloth@ncleg.net

Jean.Farmer-Butterfield@ncleg.net

Susan.Fisher@ncleg.net

Elmer.Floyd@ncleg.net

George.Graham@ncleg.net

Yvonne.Holley@ncleg.net

Charles.Jeter@ncleg.net

Paul.Luebke@ncleg.net

Gary.Pendleton@ncleg.net

Stephen.Ross@ncleg.net

Mitchell.Setzer@ncleg.net

Harry.Warren@ncleg.net

Sam.Watford@ncleg.net

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We Need You There !!!

Hello everyone.

Although Publix is no longer expressing interest in Dunn and Falls of Neuse, the developer, Morgan Property Group remains determined to rezone the land to build a 58,000 square foot strip mall with parking for about 300 PLUS an unspecified amount of residential housing (apartments or town homes). This continued proposal to rezone the land will make an already difficult traffic situation impossible, clog Whittington and Dunn Roads, add light pollution, noise pollution, trash, vagrancy, and crime to our neighborhoods.

The only thing we have left is our determination to stand together. Soon City Council will set a date for a public hearing. The single most important action that we can do together is to attend the City Council hearing in very large numbers to demand that City Council vote NO on this rezoning.

As soon as we have a date and time you will see signs going up announcing the City Council hearing. These signs will look like the ones posted with this update. We will, of course, be announcing the hearing electronically. Two likely dates will be April 7 and May 5.

Stay tuned…

NoRezoning
City Council Votes 222 W HARGETT ST Black_Blue_WeNeedYou Protect Falls
NoRezoning

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