Durham,
N.C. – Today, Durham City-County Planning Director Steve Medlin announced
that the protest petition submitted by the Haw River Assembly, relative to a
pending zoning map change for the Jordan Lake Watershed Protection Overlay, was
determined to be invalid. At an
afternoon news conference, Medlin noted that he determined, “in consultation
with the County Attorney, and as required by the Durham Unified Development
Ordinance (UDO) … that the petition submitted is invalid.”
A protest
petition is a tool authorized by state law and the Durham UDO. A valid protest petition requires a
super majority, of four of five votes, from the Board of Commissioners, rather
than a simple majority, of three of five votes, to approve a zoning map
change.
Medlin’s
determination was based on an evaluation of the Haw River Assembly’s protest
petition using an established methodology.
A valid protest petition must include the signatures of 20 percent of the
land located within 100 feet of any side of the area proposed for the zoning map
change.
The land area
for which the petitioner secured signatures of property owners amounted to 17.7
percent of any one of the sides according to established methodology. Signatures on the petition did not
meet the 20 percent threshold.
The complete
report developed by Medlin, UDO petition sufficiency and procedures excerpt,
Jordan Lake Critical Area Protest Petition, Protest Petition Map and Final
Adjusted Protest Petition Map can be found on the Durham County Government main Web page. For more information regarding today’s
news conference, contact Medlin at 919-560-4137 or via e-mail at steve.medlin@durhamnc.gov.