HomeMy WebLinkAboutC.054.93011_1100 (2)Pope said he was not sure if the seller had the affirmative duty to warn a
person about the zoning, but if asked, and the seller lied, then that was fraud. Pope
said that he wasn't sure that an omission, or failure to disclose, rose to the level of
fraud -- it depended on the circumstance. He said it depended upon the dialogue.
Commissioner Johnson asked if vested rights should be considered in the
situation.
Pope said vested rights usually occurred when public officials were asked
about the zoning designation for a piece of property, then money was spent on a
project based on the information, but then later, the officials changed the zoning.
Commissioner Johnson asked Pope, assuming the board voted against the
request, if he would be optimistic about how the situation might fare in court.
Pope said there was the possibility the county might have immunity; however,
he didn't know for sure in this particular case.
OTIO by Commissioner Williams to deny the rezoning request of Case
No. 0603-1 (Applicant Greg Palmer/Pinecrest Land Developers) from Single Family
Residential Conditional Use District (R-20 CUD) to Single Family Residential
District (R-20).
VOTING: Ayes — 5; Nays -- 0.
Commissioner Williams asked the planning staff if measures had been taken to
prevent the problem from occurring in the future.
Planning and Code Enforcement Director Lynn Niblock said measures had
been taken to update all of the computers.
ADMINISTRATIVE MATTERS
Update on the Duke Power/Catawba-Wateree Relicensing Project &
Request for Endorsement of the Draft Agreement -in -Principle: Planning
Supervisor Steve Warren said the hydro -relicensing process had been occurring for
the past three years. He said the county was now being asked to agree on a draft
agreement -in -principle that stipulated the terms of the hydro -electric facilities along
the Catawba River basin for the next 50 years. Warren said the final agreement had to
be submitted to the Federal Energy Regulatory Commission later this year. He said
some amendments might need to be made to the zoning ordinance, due to shoreline
management components, but these would be minor.
Commissioner Robertson said the contents of the agreement -in -principle (AIP)
were a significant change in the way business had previously been conducted. He
said there was a proposal to establish a Water Management Group (WMG), and it
would be comprised of users that withdrew a million gallons of water a day from the
Catawba River Basin. Robertson said the AIP stipulated that the members of the
WMG would pay a fee based upon the amount of withdrawn water and a surcharge, if
the water was not returned to the basin. He said an example would be the City of
Statesville and the Town of Mooresville -- they both obtained drinking water from
the basin, but the treated wastewater did not return to the same basin. Robertson said
the two municipalities would pay higher fees. Mr. Robertson said that after reading
the AIP, he began having concerns about the usage of the money. He said that unless
changes were made to the language, he had concerns the money might not be used for
the intended purposes. He mentioned the state gas tax and the state lottery funds, and
how these were created for particular needs, but then they wound up going towards
something else. Robertson offered the following agreement revisions in an effort to
curtail the possibility of individuals using the money for other purposes.