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More cities are beginning to adopt zoning procedures that move away from quasi-judicial proceedings in an effort to adapt to evolving laws governing land use. City planners said Greensboro, Raleigh and Charlotte are among the cities that have adopted rules similar to those being considered by High Point.
BY PAT KIMBROUGH ENTERPRISE STAFF WRITER
WORKS
HIGH POINT – The High Point City Council will consider changing the policy used to evaluate some types of zoning cases. City officials presented members of the council’s Planning and Development Committee on Tuesday with draft revisions to the ordinance that governs conditional zoning. City Attorney Fred Baggett told the committee that under the current policy, conditional use zoning
cases could be vulnerable to court challenges in some instances where a zoning map amendment or conditional use permit for a project is being sought. Baggett Such cases involve “quasi-judicial” proceedings – hearings in which those who speak before the council or Planning and Zoning Commission must give sworn testimony and the council or commission must base its decision or recommendation on
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Council looks at overhaul of zoning rules
PROCEDURES
January 8, 2010
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“findings of fact” from the hearing. Case law has made it clear that the findings – such as a proposed use’s impact on the value of adjoining properties and the impact of traffic on public safety – must be proven by expert testimony. This apparently wasn’t done in some past cases. “It’s unnatural. It’s an awkward process. Quasi-judicial proceedings try to make zoning cases into something scientific. It’s always been a policy decision,” Baggett
ZONING, 2A
WHO’S NEWS
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Registered Nurse Kim Hutchinson, clinical nurse specialist for behavioral health services at Wake Forest University Baptist Medical Center, was elected president of the District III North Carolina Nurses Association. Elected this fall, she will serve through July.
COMING UP
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County expects tough budget year
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BY DAVID NIVENS ENTERPRISE STAFF REPORT
GUILFORD COUNTY – As the state budget gap widens, local governments can expect to face reduced allocations again this year, a budget expert told county commissioners Thursday. Although the “Great Recession” may be over, the economy won’t recover fast enough to help pay the bills, said Elaine Mejia, director of the nonprofit N.C. Budget and Tax Center. Revenue projections are down by $100 million so far and the revenue shortfall could grow to as much as $800 million by June 30, she said. “The source to recover the fastest is the income tax,” Mejia said. “Sales tax recovery will take a long time. Most economists say it will take a long time for the economy to recover.” Overall, county sales tax revenues remain stagnant at depressed levels, County Manager Brenda Jones-Fox told the Board of Commissioners during a retreat. “The sales tax revenues are down by $1.3 million and the property tax is in line with what we expected,” she said. Commissioners scheduled the budget briefings as part of their goal to pass a 2011 budget with no tax increase, if possible. Last June, commissioners passed a $586 million budget with no tax increase and level funding for the school district operations at $175 million. Commissioners could see the manager’s recommended 2011 budget as soon as April 15. Mejia said she expects Gov. Beverly Perdue will have “to find resources” to cover the budget gap as Medicaid and health care costs increase because legislators used one-time fixes to balance the budget. “The General Assembly may want the counties to absorb some costs,” Mejia said. “You’ll have to keep close tabs on the money.” The county will need to pay more than $20 million to service debts for school construction projects, a new downtown Greensboro jail annex and expansions at Guilford Technical Community College. “It is tough times,” Jones-Fox said. “We have had to say no, and we expect to make more adjustments. We will be looking at mandated and nonmandated services to see what we have to fund and what we don’t.” dnivens@hpe.com | 888-3626
Production woes delay delivery Delivery of the Thursday edition of The High Point Enterprise was late in some parts of the circulation area because production issues delayed the end of the press run until well after 4 a.m., about 312⁄ hours later than normal. Late delivery was not the fault of the carriers because many of them did not get their papers until 5 a.m. or later. The Enterprise apologizes for any inconvenience to readers.
OBITUARIES
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Chester Baker, 90 Buddy Boyles Jr., 80 Robert Byrd Robert Carter, 40 Mildred Garington William Johnson, 60 Ellen Kellam, 88 T. Hall Keyes III, 89 Doris Kibler, 80 Ida Means, 75 Samuel McCombs, 57 Charles Morton, 70 Hope Tillotson, 85 Frances Ussery, 86 Davie Wade Sr., 57 Martha Young Obituaries, 2-3A, 2B
SONNY HEDGECOCK | HPE
Boomerang, an European Burmese show cat, goes after the feathered toy held by C.J. Keim. The Central Carolina Cat Fanciers winter cat show comes to High Point’s Best Western Hotel, 135 S. Main St., 10 a.m. - 4 p.m. Saturday and Sunday. About 90 exhibitors will bring more than 180 full-breed cats to be judged at the event. Admission for the public is $6 for adults, $5 for seniors and $4 for children. For information go to: http://www. nccats.org
Trinity officials to discuss recycling, truck ordinance BY PAM HAYNES ENTERPRISE STAFF WRITER
HIGH POINT – Trinity officials will discuss several matters and projects in the city during an all-day work session this weekend. The Trinity City Council will hold its annual retreat Saturday at the Courtyard Marriott in High Point at 1000 Mall Loop Road. The meeting begins at 8:30 a.m. and lasts until discussion is concluded. The retreat is designed to give council members a chance to discuss topics more in-depth in a less formal setting, according to Ann Bailie, city manager. “It’s an opportunity to talk about the issues and provide some direction to staff depending on what the topic is,” she said. “Sitting around a table enhances the discussion back and forth, whereas regular City Council meetings are fairly formal.” One issue council members will discuss at the retreat is
RETREAT
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The Trinity City Council Retreat begins at 8:30 a.m. Saturday at the Courtyard Marriott in High Point at 1000 Mall Loop Road. Topics such as recycling and a truck ordinance will be discussed throughout the day. It is scheduled to end at 4:15 p.m., but it could end earlier, organizers said. No action is expected to be taken.
recycling. Because Trinity does not offer a public trash or recycling collection service, the topic has been approached at several meetings since North Carolina’s plastic bottle ban, restricting certain plastic bottles from landfills, went into effect in October. “We had a big public meeting last April about trash and recycling when the ban was passed,” she said. “At that time, we decided not to make
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any changes. We’re going to take another look and see if we want to do anything there.” A controversial truck ordinance also will be discussed, Bailie said. Enforcement of the ordinance, which prohibits the parking of large trucks, including cab and trailer, cab only and/or trailer in residential neighborhoods, was suspended last year after several residents made complaints. “We’re working to revise the ordinance to give it a little more balance,” she said. “Staff has been working on a proposal that will address many of the issues (with the ordinance) that will at least be a starting point for the council’s discussion.” The meeting is open to the public, but there will be no public comment period. Ginger Booker, assistant director of the Piedmont Triad Council of Governments, will direct the meeting. phaynes@hpe.com | 888-3617
WEATHER
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Mostly sunny High 31 Low 17 6D
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