Join in a Virtual Town Hall

From Russ Stephenson. Please read through this important message. And then record your 2 minute message.
                Last week we had an overwhelming turnout for the public hearing on the United Development Ordinance (UDO) remapping. Many were not able to get into the Council chambers, or even sign up to be heard. The public hearing was extended to July 21st and has now been moved to Fletcher Opera Theater, in the Duke Energy Center at 6:00 pm to accommodate a bigger crowd. At this time, only those who signed up originally will be allowed to speak, however I intend to make a motion as we begin that night that anyone who shows be allowed to speak with time permitting.

                This is the most extensive re-write of our zoning code in over 50 years and your opinion is critical for us to get it right. Because there are 50 speakers already signed up, and many may not be able to make it out again, I am going to conduct a virtual public hearing. All you have to do is record your two minute opinion on your smartphone, and then either post it on my Facebook Page (or post to YouTube, Instagram or somewhere else and e-mail the link to me at Russ@RussForRaleigh.com) and I will share them with my colleagues. While you are there, like and follow Russ for Raleigh to join the conversation and view the virtual public hearing videos in your newsfeed.

                Raleigh did not become the best place to live, work and play in America by accident. It took vision and leadership from our entire community, and your participation is indispensable on this very important issue. Please share this with anyone you know who has concerns or opinions on the UDO and remapping.

                Thank you for loving Raleigh enough to take the time to share your concerns. Together, we will get this right.

                Respectfully,

                Russ

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A Fair and Equitable Proposal for Dunn Road Remapping

Hello everyone,

Here is the latest scoop on the remapping of the Dunn Road properties.  Last night at the City Council Hearing several of us spoke against the proposed remapping.  We offered a plan that we believe is fair and equitable and meets the goals of remapping.  Here is how it works.

Under the UDO there are several new zoning districts available.  The City wants to drop the current zoning districts and assign properties to one of the new districts.  The goal is to assign a new district that most closely matches the current zoning.  And, the district that most closely matches the current zoning of the Dunn Road properties is the OX zoning district.  In fact, the City’s own guidance document suggests that OX is the preferred zoning district for the property on Dunn Road.

However, the Planning Department has recommended the NX zoning district.

OX stand for Office Mixed Use.  As you know, the current zoning allows offices with small retail.  Here is a table showing just how similar OX is to the current zoning district which is called Buffer Commercial (or BC for short) and how they differ from NX (click on tables for larger view):

table1

You can easily see the similarities and differences between the two zoning districts.  OX does allow slightly larger retail than BC.  However, it is not excessively larger.  The big sticking point is the last one.  Standalone retail means a retail store that is in a building all by itself.  Standalone retail is currently allowed in BC but is not allowed in OX.  OX requires that the retail be in an office building (think, coffee shop) or attached to an office building (that is, the two types of buildings share a common wall).

The owners of the Dunn Road properties have stated that they don’t want to lose standalone retail.  Consequently, they are asking for remapping to NX with certain conditions.  Here you can see how different their proposal is compared to BC and OX:

table2

As you can see under NX the owners do get standalone retail.  However, they are also asking for 30,000 square feet of retail in one or possibly multiple buildings.  How that square footage is distributed is at the owners’ discretion.  They are also asking for drive-thrus.

At first blush, it sounds like 30,000 square feet of retail is better than the 57,000 square feet that was requested under the previous rezoning.  However, the previous rezoning asked for a 30,000 square foot grocery store.

It was the grocery store that generated the most traffic with up to several thousand additional vehicles every Saturday and Sunday and weekday.  Remapping for a 30,000 square foot grocery store that was just denied on May 12 is just not acceptable.

Last Monday on June 21, three of us met with the Dunn Road property owners to discuss an alternative.  This NX-Alternative is illustrated here:

table3

The NX-alternative is what we are advocating for.  The NX-alternative is virtually a match for current zoning with a small increase in the size of retail from 3000 to 4000 square feet per floor per building.

The NX-alternative also meets the City’s stated goal of remapping which is to simply assign a new zoning district that matches current zoning as closely as possible.

The owners, however, are using remapping for their own material gain.  They want to gain 30,000 square feet of retail and they want to gain drive-thrus.  We think that this is unfair and violates the City’s policy for remapping.  It also contradicts the City Council’s own decision on May 12.

On May 12 the rezoning request was for 58,000 square feet of retail on 13 acres of land.  That was for 4400 square feet of retail per acre.  That was denied because it was too much retail and violated the Comprehensive Plan, wasn’t in the public interest, was inappropriate for a watershed protection area, and generated way too much traffic.

Today, the owners are requesting 30,000 square feet of retail on 4 acres of land.  That is for 7500 square feet of retail per acre – nearly double what was requested under rezoning.  It generates nearly the same amount of traffic, still violates several Comprehensive Plan policies, is inappropriate for a watershed protection area, and is not in the public interest.

NX-alternative is what we argued for last night at the City Council Remapping Hearing.  It is more than fair and equitable and fully meets the City’s goals for remapping.

Please let City Council know they you support the NX-alternative.  In particular, please ask our District Councilor, John Odom, to honor his own motto – vote your District!

City Council Email:  citycouncilors@raleighnc.gov
John Odom Email: John.Odom@raleighnc.gov

 

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WE NEED YOUR SUPPORT!!!

Hello Everyone,

Tomorrow is the day of the so-called remapping hearing. It will take place tomorrow night (Tuesday, July 7) at 7pm in City Council Chamber at 222 W. Hargett Street.

 We have a valid statutory protest petition which means that we can stop the remapping with just 3 votes – exactly as we did for the rezoning. You might have heard that the legislature did away with protest petitions. The bill that is in the legislature only applies to rezoning cases filed on or after August 1, 2015. The remapping case (which is actually a rezoning) was filed in 2014. So, we are good to go!

 It will be important for as many people as possible to attend this meeting to impress upon council that we have not lost our resolve. Please join me!

 And as always, if you have any questions, please contact me at norchoa@gmail.com.

 Thank you all!, David Cox

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Recognition for Our Impact

By David Cox

At the end of this week’s News and Observer podcast known as the Domecast, a panel nominates who they think the week’s headliners should be. One was Governor Pat McCrory. Another was, surprisingly, me.

In this week’s Domecast I was nominated as a so-called headliner for the impact we have had regarding protest petitions.  

This is recognition that a group of citizens can, in fact, have an impact even at the state level (clearly, I could not have done this alone).  

Although the outcome for protest petitions might not turn out as we want, we shouldn’t be discouraged. The next election for state senators and representatives will be in 2016. 

We can build on what we have started and vote these people out. This headliner nomination is a warning.

To listen to the Domecast follow this link: 

http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article26279014.html

  

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Show Your Support For Protest Petitions !

 

Click the picture or this link to Save Protest Petitions 

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PROTEST PETITIONS REPEALED

 

Click on the picture to learn moreprotest petitions repealed

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BREAKING NEWS: NC SENATE VOTES TO REPEAL PROPTEST PETITIONS

Today the North Carolina Senate voted to repeal homeowners right to challenge a rezoning of adjacent land with a protest petition.  More to follow.

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Breaking News!!! Senator John Alexander will vote NO on bill to repeal protest petitions

We are having an impact!  I just received the following note from Senator John Alexander:

David,

Thank you for sharing your concerns with me about HB 201. I will be voting “no” today on HB 201.

Thanks again.
Senator John M. Alexander, Jr.

 

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NC SENATORS VOTE TO REPEAL YOUR RIGHTS AS HOMEOWNERS

FOR IMMEDIATE RELEASE:  NC SENATORS OVERWHELMINGLY VOTE TO REPEAL YOUR RIGHT TO FILE A REZONING PROTEST PETITION
July 1, 2015

Just days before our July 4th celebration members of the Commerce Committee of the North Carolina Senate voted overwhelmingly to repeal homeowner’s right to file a rezoning protest petition.  The measure is expected to go before the full North Carolina Senate today.

In a stunning turn of events, North Carolina Senators bowed to the power and influence of the North Carolina Home Builders Association and approved a measure that will take away a nearly 100 year old right of North Carolinians to effectively challenge rezoning of land directly adjacent to home owners.  For 100 years home owners concerned about a rezoning could compel City councils to adopt rezoning only if three-fourths of the council members agreed.  To put this into perspective, Raleigh has 7 Councilors and the Mayor for a total of 8 votes.  With a protest petition 6 votes are needed to pass a rezoning.  Without a protest petition only 5 votes are needed.  This difference of 1 vote is what Senators are taking away.

However, this 1 vote can make all the difference.  It can be enough to compel a developer to change a project to mitigate the harm that could come to adjacent home owners and entire neighborhoods.  Protest petitions do not stop rezonings.  They only raise the bar for approval by requiring an additional vote.  When it comes to building next door to homes and neighborhoods, shouldn’t the bar be set just a little bit higher as it has for the past 100 years?

If the measure passes the full Senate today, it will then go to Governor McCrory for his signature.  If Governor McCrory signs this egregious bill that stomps on the rights of every single homeowner in the state, it will become law and an important right first established three generations ago will be history.

Please pass this press release on to all of your friends, family, and neighbors.  Post this link to your Facebook pages and all of your other social media such as Twitter.  Let’s get the word out about what is happening:

http://www.protectfalls.com

You can contact the legislators with these email addresses.  But honestly, most of them are not listening.  They have aligned themselves with the Homebuilders Association.

All House Members: HouseE-mail@ncleg.net
All Senate Members: SenateE-mail@ncleg.net

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NC SENATE COMMERCE COMMITTEE VOTES TO TAKE AWAY REZONING PROTEST PETITIONS

As we approach July 4 one of our most important rights – the right to challenge a rezoning of property adjacent to our homes is quickly being taken away by the North Carolina legislature.

The protest petition right allows you and your neighbors to require 3/4 of City Council rather than a simple majority to vote for rezoning before a rezoning change passes.  This right to require a supermajority vote has existed for nearly 100 years.  Now, after intense lobbying by the North Carolina Home Builders Association, that right is about to be taken away.

A built called simply H201 passed the NC House several weeks ago.  Yesterday that bill passed overwhelmingly the Commerce Committee in the NC Senate.  Today that bill goes to the Senate floor.  The consensus of opinion is that this legislature will take this right away and that Governor McCrory will sign it.

Legislators from both parties support this bill. Republicans and Democrats both support taking this long held right away.  This is a clear example of money and influence buying votes.  There is no good reason to take away a right to protect our homes and neighborhoods.

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