A few questions in response to private property owners’ rights

as I read the post about “forcing” private property owners to bow to [insert your cause] from the 18 February Chatlist, I find it a bit comical to state that no one can tell us what to do with our land, but then proceed to state what people can or cannot do, e.g., ask a simple question but that’s it, none of that community activism stuff!  The United States is a land of activists, such as civil rights, gun rights, education, child labor, women’s rights and even to our colonial activists that sought liberty.   I would consider activism part of the many liberties we enjoy and happy to see it still alive.

First, zoning regulations have existed since the 1920’s, as has been the acquisition of undeveloped land for the purpose of development and resale, nothing new here. We have been told what we can or cannot do with our lands for quite some time now.  One can read about the case of Euclid v. Amber where the Supreme Court upheld a zoning decision that was thought illegal (I believe many people learn about this case in college). Zoning in the US has it’s criticism and has had it’s share of class or income segregation or better stated as exclusionary zoning, e.g., increasing land values or use densities through zoning regulation, that result in the lower income groups becoming forced out/away.  Zoning is here to stay, no going back to pre-1920s staking your claim.

Now, I would argue a corporation that purchases land with the intent to develop and resell or lease it, is not the same as a family who has purchased land with a home to raise their family in.   I would only see one of these as a private owner of the land, the other a corporate owner. Granted some families place land holdings in corporate trusts, but for simplicity sake, let’s not factor them into the discussion at this point.

Again, as I posted previously the essence of rezoning cases puts private, non-corproate land owners at a huge disadvantage, since most homeowners are not experts at the legislative process that surrounds zoning and most do not want to or cannot spend $200-$500 a hour for an attorney to represent their concerns or requests.   On the other hand, corporate land owners typically will have attorneys and other experts being paid to handle the zoning or rezoning process, these paid resources could speak in favor of or opposition to requests,  or provide supporting data for zoning considerations at planning meetings.   I would also categorize mom-pop businesses who want to use their land or home to earn a living or supplement their income differently from the corporate land owners, since the mom-pop shops typically are putting their private money into getting their business started, not navigating a planning or rezoning meeting in their limited free time.

Now, let’s get back to the core issues with regards to Chatham Park.  As it has been stated that this would be the largest development of it’s kind, as such it would be expected to be operating in uncharted waters for many of the legislative considerations being asked.  Trailblazing is fine, it’s exciting… however when done at the level highlighted and with an existing population base where the majority of the land is the largest remaining contiguous natural area in the county, it should be afforded the proper oversight and review. We should expect healthy debate and clarity – not silence or obscurity. I am a pro-Chatham Park, but I am also Pro-having a voice in matters that affect where I live and raise a family or start a business. Jordan lake is already very busy in the summer with boat traffic, how will it look with a new city on it’s banks? How many more boat storage sites will be developed as a result around the lake?  I had a few questions that some on the chatlist might be able to answer for me;

1.  Of all the developments that were approved in Chatham county since 2005, how many have met their phasing and development plans as approved by the BOC?  How many are behind on the approved plan?  What is the total available approved housing availability of these developments?  What impact will Chatham Park have on the current developments?   A quick check back to 2005, shows that around 468 rezoning cases had decisions by the BOC, 452 were approved in some form or another, 4 withdrew and 12 were denied. (I can send you the xls if interested).   That’s an approval rate of around 97% in Chatham county since 2005.  Of the ~97% approved, what is the % of completion to the plan?

2.  Given the scale of the program, what is being done to ensure this does not become a case of spot zoning or even a new classification of spot zoning given the scale of the project?  Generally, spot zoning is an “upzoning” of property to a more intensive use than before, with the effect of allowing development inconsistent with the surrounding area and transferring benefit to the property owner to the detriment of others. (Mandelker, section 6.28) .  ” A zoning’s reasonableness is fairly debated in this circumstance, and can be construed unreasonable by a court, especially where a comprehensive plan provides little or no guidance on the rezoning”. (Tennessee Planning Commissioner Training Handbook: a closer look at zoning pg8).   The later part is concerning, since as I understand there exists no guidance in the current comprehensive plan for something of this magnitude.

3.  Why are Triangle Land Conservancy’s recommendations not part of the overall plan?

4.  What impact will the Chatham-Randolph Megasite and the continued expansion of RTP along the 540 coordior have on Chatham Park?

5.  What is the current housing demand forecast based on the current Chatham county master development and land use plan?

6.  Could Chatham County create a college fund for children of chatham county based on the new revenue base?

Best Regards,
-Kim