INC NEWS - Letter of notification to Fairfield re. Herndon Roadrezoning

Tue Feb 13 16:02:56 EST 2007

All,

I agree with Mr. Duke on this.

Over the past 10 years or more,  the Planning Department has worked very, 
very hard to keep the database of neighborhood associations, community 
groups, HOA's and other interested parties on their notification list.

Wade Griffin, Alex Waddell, TE Austin along with other members of the 
Planning staff over the years have spent hours upon hours of time trying to 
keep the database current.

However,  I'm very much aware that sometimes, we as a community don't let 
them know when someone on that list moves away or a new President takes 
over.   This is just as much our problem (at INC) as it is theirs.

A number of INC members have worked within the process either thru efforts 
in the formation of the Comprehensive Plan, new UDO or collaboration with 
the Durham Convention and Visitors Bureau to update it periodically and keep 
it as a priority item at the Planning Department.

I'm not sure if we (or they) will ever be able to say that everyone who 
needed to be informed of a project is contacted in time or that they have 
the tools (knowledge) on what the process is,  but I can say that along with 
members of the INC we are trying to reach as many people as possible when it 
becomes necessary.

And finally,  INC is working to keep neighborhoods and the community 
educated on the sometimes complicated regulations that these projects 
present to each of us.

Mike Shiflett

----- Original Message ----- 
From: "Duke, Frank" <Frank.Duke at durhamnc.gov>
To: "Melissa Rooney" <mmr121570 at yahoo.com>
Cc: <inc-list at rtpnet.org>; <rcyoung4 at verizon.net>
Sent: Tuesday, February 13, 2007 3:37 PM
Subject: Re: INC NEWS - Letter of notification to Fairfield re. Herndon 
Roadrezoning

> Durham's notification procedures vastly exceed those required by State
> law. We provide mailed notice far in excess of what is required and
> provide notice well in advance of what the State requires. We do provide
> notice to all property owners within 600 feet of a proposed zoning map
> change and to all neighborhood organizations within 1,000 feet of the
> site that are registered with us. If the neighborhood is not registered
> or does not provide a current address, however, we cannot send any
> notice out to them. No other local government in North Carolina comes
> anywhere close to ensuring this extent of notice.
>
> You also need to realize that by the time grading on any site occurs, it
> is too late to have any public input. The last step in the process where
> the public can raise their voice is the zoning stage; potentially years
> before any site work is done. Once the zoning is established, North
> Carolina law requires that the process be administrative only
> considering only ordinance requirements.
>
> Frank Duke, AICP
> City-County Planning Director
>
>
> -----Original Message-----
> From: Melissa Rooney [mailto:mmr121570 at yahoo.com]
> Sent: Tuesday, February 13, 2007 1:45 PM
> To: Duke, Frank
> Cc: inc-list at rtpnet.org; rcyoung4 at verizon.net
> Subject: RE: Letter of notification to Fairfield re. Herndon Road
> rezoning
>
> Thank you, Mr. Duke. I realize that the Herald-Sun is
> Durham's newspaper, and I went with them until it got
> too expensive (I can get the N&O for ~$90/year).
>
> At any rate, it doesn't seem fair that the normal
> citizen/neighbor of Durham often can ONLY get their
> information (regarding rezoning and public hearings)
> via the newspaper. A good number of my neighbors don't
> read ANY newspaper -- sad but true. And it seems that
> the county/city spends a good deal of
> time/paper/postage getting appropriate information to
> the landowners/developers who apply for rezoning. Why
> is it that such information is not, by default, also
> sent to the nearby Durham homeowners? Rather, the
> impetus is on us to go looking for it. And while
> developers and landowners have a monetary incentive to
> do their research, we normal citizens do not and must
> make unpaid, voluntary use of our time to fish out
> such information. Oftentimes, neighbors don't know to
> be concerned until they see mass grading occuring in
> their neck of the woods, and then it's clearly too
> late in the process to do anything about it.
>
> It seems that the system is set up such that it
> unfairly communicates with one side (the
> developer/landowners) over the other (the durham
> constituent/neighbor).
>
> I realize that, for many rezonings and public
> hearings, legislation/ordinance only requires
> advertisement of the event in the local newspaper. But
> that doesn't make it fair.
>
> I hope that planning and local gov't will consider
> directly informing neighborhoods of ALL rezoning
> issues near them, at least in so far as it is done for
> the developers/landowners applying for the rezoning.
>
> Thanks for hearing/reading my concerns with an open
> mind.
>
> Cheers,
> Melissa
>
> --- "Duke, Frank" <Frank.Duke at durhamnc.gov> wrote:
>
>> I have no way to confirm whether a notice was sent
>> out on a case that
>> long ago. Sorry.
>>
>> As for the legal notice, the Herald-Sun is
>> considered the newspaper of
>> general circulation in Durham so it is the one that
>> reaches the majority
>> of the citizens in Durham, not the N&O.
>>
>> Frank Duke, AICP
>> City-County Planning Director
>>
>> -----Original Message-----
>> From: Melissa Rooney [mailto:mmr121570 at yahoo.com]
>> Sent: Monday, February 05, 2007 1:49 PM
>> To: Duke, Frank
>> Subject: Letter of notification to Fairfield re.
>> Herndon Road rezoning
>>
>> Dear Mr. Duke,
>> Hi again. I am also trying to assess whether Bill
>> Ripley sent a letter notifying Fairfield
>> Neighborhood
>> of the rezoning application for the property across
>> the Herndon Road from us (now being developed by
>> South
>> Hampton). A friend from INC told me that the
>> planning
>> department should have a record of this.
>>
>> The contact person/address should have been:
>> Fairfield Homeowners Associaton
>> c/o Kelly Decker (ext 29)
>> Talis Management Group
>> 570 New Waverly Place, Suite 240 Cary, NC 27511
>> 919 319 3450
>> ksdecker at talismgmt.com
>>
>> I believe this was Rezoning Case P01-77
>>
>> In addition, I noticed that the public hearing was
>> advertised in the Durham Herald Sun. I (and many of
>> my
>> neighbors) get the News and Observer so would not
>> have
>> seen this advertisement. Many do not even receive
>> the
>> newspaper and could certainly have missed this
>> advertisement. Is there any way that you would
>> consider emailing or snail-mailing notification of
>> such public hearings to the neighborhoods within
>> 1000
>> feet of the development and those homes within 600
>> feet (as required by the UDO for those rezonings
>> that
>> require neighborhood meetings).
>>
>> Thanks for your help, input and consideration of
>> this.
>> Sincerely,
>> Melissa
>>
>> Melissa Rooney
>> Fairfield Community Watch
>> Fairfield Communications
>> Fairfield INC representative
>>
>>
>>
>>
>>
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