[Durham INC] Durham considering 'Development Agreements': Why is this a bad idea?

[Melissa Rooney]

Please consider the information below, which I just received today. And please 
consider contacting your local gov't officials (city council and board of county 
commissioners) about this important issue...before it's too late (once again). 
It'd be good to close this barn door BEFORE the horse gets away, for a change...

I hope the INC and other local citizen organizations will consider passing 
resolutions to the CC and BOCC regarding this issue as soon as possible.

Melissa (Rooney)



----- Forwarded Message ----
To: durhamzones at googlegroups.com
Sent: Thu, March 10, 2011 10:03:40 PM
Subject: [DZP] Development Agreements


Friends,
 
It has come to my attention that Durham is considering allowing development 
agreements.  Why are these bad?  These agreements are potentially a  loophole to 
get out of the Falls and Jordan Lake rules.  The developers would be allowed to 
use existing regulations at the time of the agreement…not newly passed 
ordinances.  

 
State law seems like it is in contradiction, because it allows the development 
agreements.  The whole point of the agreement is to lock in the current rules.  
It doesn’t allow for any adjustments for future changes even if they know it is 
coming.  Municipalities would be enthusiastic about getting more development to 
increase tax base, unless it is their own water supply watershed.  

 
 
The discussion on development agreements can be found here.  
  
http://www.ci.durham.nc.us/departments/planning/pdf/jccpc_010511.pdf  Scroll 
down to page 24


A recent K&L Gates newsletter encourages development agreements.  We wonder how 
much of a hand they had in this.  It was written by Bill Brian, Patrick Byker, 
and Craigie Sanders. 

 
http://www.klgates.com/newsstand/Detail.aspx?publication=6867#north
 
 
As a side note:  Durham is basing the allowance of development agreements on 
these “Additional Materials”.  Who provided these “Additional Materials”?
 
 
 
Another interesting side note regarding these samples of development agreements:
 
1.    Catawba County-Crescent Resources went bankrupt.  
Who knew that Duke Energy did developments?  
http://www2.mooresvilletribune.com/news/2009/may/06/bankruptcy-possible-crescent-resources-ar-2712/

This was one of them.  It was right on the lake.  
http://www.catawbacountync.gov/depts/planning/development/exhibitb.pdf
 
2.    Polk County-Bright’s Creek Holdings decided to change the terms of their 
agreement after it was rezoned.  What is the point of even doing agreements if 
you can just change them?
            
http://www.polknc.org/departments/development/documents/21011PBmtgpacket.pdf
 
3.     Henderson County-Seven Falls LLC  Bankrupt, violated environmental regs, 
with a “class action that claims a bank and developer defrauded buyers who 
invested more than $50 million…”.     
http://foreclosureblues.wordpress.com/2011/02/09/seven-falls-class-claims-bank-developer-rolled-them/

 
http://www.mountainx.com/blogwire/2010/hendersonville_daily_seven_falls_has_caused_enough_trouble

 
This is what Durham is considering basing their development agreements on?


      
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