[Durham INC] Durham considering 'Development Agreements': Why is this a b...

[TheOcean1 at aol.com]

A growing pet peeve of mine is folks who post without signing their  name.
Melissa always signs her emails, but who sent the original?
 
Bill  Anderson


In a message dated 3/11/2011 12:33:06 P.M. Eastern Standard Time,  
mmr121570 at yahoo.com writes:




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_ 
(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_ 
(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/_ 
(http://www2.mooresvilletribune.com/news/2009/may/06/bankruptcy-possible-crescen
t-resources-ar-2712/)  
This  was one of them.  It was right on the lake.  
_http://www.catawbacountync.gov/depts/planning/development/exhibitb.pdf_ 
(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.pd
f_ 
(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://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_ 
(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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