Protest Petition Evaluation Proposed Zoning Atlas Aendent to Rezone the Residences at Grove Park Developent fro R4 and R6 to RHD3C March 6,2008 Sabrina Oliver Chapel Hill Town Clerk Town of Chapel Hill, N.C. Sabrina: have evaluated the protest petition regarding the proposed Zoning Atlas Aendent to rezone the Residences at Grove Park Developent fio R4 and R6 to RHD3C. You certified receipt of this protest petition on March 3,2008. Ths petition is valid and sufficient under State Law G.S. 160A385 by having the signature of the official authorized by a copany having ownership of 5% or ore of the land area within the 100footwide buffer extending along the entire boundary of the area proposed to be rezoned. My finding is that an owner of 22.9% of the land area contained within this 100footwide buffer area has signed the petition. 1 Scott W. Sions Senior Planning Graphics Specialist Chapel Hill Planning March 6,2008 405 Martin Luther King Jr. Blvd., Chapel Hill, NC 275145705 phone (919) 9682743 fa (919) 9678406 www.townofchapelhill.org
' i; Town of Chapel Hill. 405 Martin Luther King Jr. Blvd. Chapel Hill, NC 27514. Coications and Pziblic Affairrs Departent (Town Chk) ' (919) 9682743 PlantainA Departent (919) 9682728 PROTEST PETTON CONCERNNG PROPOSED REZONNG OF LAND www. townofchapelhill.org Excerpt fro 4.4.2 Procedures Land Use ~&ageent Ordinance Chapel Hill, North Carolina ) Protest Petition A petition protesting a proposed aendent shall be subject to the provisions of North Carolina General Statutes Sections 160A385 and 386, as ay be aended fio tie to tie. Any petition shall: (1) be in the for of a written petition actually bearing the signatures of the requisite nuber of property owners and stating that the signers do protest the proposed aendent; (2) be received by the Town Clerk at least two (2) noral work days prior to the date established for the public hearing on the proposed aendbent; and (3) be on a for prescribed and provided by the Town Manager and contain all the inforation requested on the for. L
Town of Chapel Hill October 11,2007. Description of property proposed to be rezoned and the proposed zone(s) being protested. 11. Naes and signatures of property owners. 111. Date and tie of receipt by Town Clerk (Clerk's Certification). N. nforation on requireents for validity of protest petitions under State law and the Chapel Hill Land Use Manageent Ordinance. Note: Either Parcel dentifier Nuber (PN) or Tax ap,block and Lot PMBL) inforation is required To get Parcel dentifier Nuber (PN) or Tax Map, Block, and Lot (TMBL) inforation, please call, eail or visit the Planning Departent (405 Martin Luther King Jr. Blvd., Chapel Hill, NC 27514); 31~ Floor of Chapel Hill Town Hall next to the Fire Station, (919) 9682728. Nae of Area Pro~osed to be Parcel dentifier Nuber or Tax Map, Block, Lot Pro~osed Zoning Districtb) Rezoned (PN) C]rMBL) Protested idpnrpq at Crnv~ Park 9788 19 &8&l Residences at Grove Park 9788394857 RHD3C Residences at Grove Park 9788491706 Residences at Grove Park 9788494924 RHD3C (Please attach additional sheets if necessary.)
Town of Chapel Hill October 11,2007 V. NFORMATON ON REQUREMENTSFOR PROTEST PETTONS A. ntroduction: North Carolina law and Chapel Hill zoning regulations allow citizens to forally protest zoning actions. When the criteria described below are et, protest petitions alter the requisite vote necessary to enact zoning regulations. B. Deadline for Subittal: To be valid under State Law, a protest petition ust be received by the Town Clerk (405 Martin Luther King Jr. Blvd., Chapel Hill, N.C. 27514) at least two noral work dajrs (excluding Saturdays, Sundays and legal holidays) before the date established for a public hearing. For exaple, the Town Clerk ust receive your protest petition by 5 p.. of the Wednesday before the date established for a public hearing on a Monday, if the Thursday, Friday and Monday are not holidays. C. Signature Requireents for a Valid Protest Petition: f a partnership or corporation wishes to protest a rezoning, it should consult the Town Clerk well in advance of the protest petition deadline concerning proper signature. Generally, when there are coowners (including husband and wife), each individually ust sign. f a corporation wishes to protest, the person ' signing ust be authorized by the Board of Directors and evidence of such authorization (such as a Certified Resolution) ust be attached to the protest petition. f a protest petition is signed by a person with power of attorney for soeone else, evidence of the power of attorney ust be included with the petition. Photo copies or faxes of signatures are not acceptable as valid signatures. D. Requireents.for an Effective Protest Petition: The requireents for an effective protest petition include having signatures (see C above) of owners of either: Twenty percent (20%) of the land area proposed to be rezoned, Five percent (5%) of a 100footwide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned. A street rightofway shall not be considered in coputing the 100foot buffer area as long as that street rightofway is 100 feet wide or less. When less than an entire parcel of land is subject to the proposed zoning ap aendent, the 100foot buffer shall be easured fio the property line of that parcel. n the absence of evidence to the contrary, the city ay rely on the county tax listing to deterine the 'owners' of potentially qualifjg areas. Please refer to the attached illustrative diagras.
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Town of Chapel Hill October 11,2007 ' illustrative Diagra Requireents for an Effective Protest Petition by Neighboring Owners to Land Proposed to be Rezoned 7 /' / 100 FootWide Street Rightofway C loo'+ land area proposed OOq street Note: f rightofways there are other abutting to be rezoned the area to be rezoned, the 00 footwide buffer is adjusted to the also. 1 / 100' / 0 5% of Total 100' Buffer Area n order to trigger a Town Council threefourths vote for approval: An effective protest petition needs the signatures of owners of at least 5% of the land area within a 100foot wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned. January 1,2006 Diagra by Chapel Hill Note: ndividual lot lines are not shown in diagra. Planning Departent
GENERAL CERTFCATE OF NORTHAMPTON TERRACE NVESTORS LLC, KENNETH L. EAGLE, hereby certifl that a a eber of NORTHAMPTON TERRACE NVESTORS LLC, a liited liability copany organized and existing under the laws of the State of North Carolina (the "Copany"), and that, on behalf such Copany, have custody and control of, or ready access to, the books and records of the Copany, and that a authorized to execute this Certificate on behalf of the Copany. further certify that: (1) Attached hereto is Exhibit A is a true and correct copy of resolutions of the Copany effective February 27,2008 authorizing the Copany to file a protest petition in connection with the rezoning of the Town House Apartents located in Chapel Hill, Orange County, North Carolina: (2) The persons designated by the resolutions of the Copany attached hereto have been authorized to execute, attest, acknowledge and deliver under seal of the Copany any and all necessary or desirable docuents in connection with the Agreeent and to sign certificates and effect other transactions conteplated thereby. N WTNESS WHEREOF, hereunto set y hand this ~ 7 day ' of ~ February, 2008. BY:,cb.&K~cA Nae: Kenneth L. Eagle Title: Meber u
Exhibit A PROTEST PETTON WHEREAS, Northapton Terrace nvestors LLC (the "Copany") owns iproved real property in the Town of Chapel Hill, North Carolina, adjacent to real property coonly known as the Town House Apartents with respect to which there has been filed with the Town of Chapel Hill a rezoning petition pursuant to which such property would be redeveloped as a condoiniu and town house project to be know as the Residences at Grove Park, which redevelopent will include a substantial increase in the density of use of such property ; and, WHEREAS, individual persons living at the Town House Apartents property routinely have trespassed upon the adjacent property of the Copany, including destroying fences erected by the Copany to preclude such trespassing, in a anner likely to result in personal injury or death and until the proponent of the proposed rezoning is agreeable to constructing and aintaining a fence to preclude such continued trespassing the Copany desires to oppose the rezoning petition. NOW, THEREFORE, T S HEREBY RESOLVED, that until such tie as the Copany shall receive adequate assurances fro the proponent of such rezoning that the proposed redevelopent of the Town House Apartent property will not have a aterial adverse ipact on the value of the adjacent property of the Copany by agreeing to construct and aintain a fence along the coon border, the Copany shall file and aintain a protest petition with respect to such rezoning. RESOLVED FURTHER, that the Copany hereby approves the for of the protest petition subitted by the Manager of the Copany and authorizes David S. Morris, as President of DSM Asset Manageent, nc., the Manager of the Copany, to take any and all steps which, in his judgent, are necessary or desirable to cause the Copany to protest the proposed rezoning of the Residences at Grove Park (aka Town House Apartents) and further authoriae David S. Morris, as President of the Manager, in the nae and for and on behalf of the Manager and the Copany to execute, attest, acknowledge and deliver the protest petition, with any changes therein or additions thereto as ay be approved by David S. Morris as conclusively evidenced by his execution and delivery thereof; and, RESOLVED FURTHER, that upon satisfaction of David S. Morris that the concerns of the Copany as described above have been resolved by a legally binding agreeent between the Copany and the proponent of such rezoning, David S. Morris, as President of the Manager, and on behalf of the Manager and the Copany shall have the right to withdrawal the protest petition.