HomeMy WebLinkAboutC.054.93011_1510 (2)lots.
Allison said the numbers were according to acreage. He said there were 1,115 vacant
Robertson asked how many would qualify for common law vested rights.
Allison said a high percentage.
Attorney Pope said this would be fact driven, and he hadn't researched an exact
percentage. He said, however, it would be extremely high.
Robertson asked how high -- 60 or 90 percent?
Pope said it would be closer to 90%.
Johnson said if a person purchased a lot from Crescent Resources, a company that had
substantial capita' to put upfront for lot improvements, the subsequent property owner would
then have the improvements transferred to them. He said this arrangement would have a better
chance in the courts for vested rights in comparison to someone who purchased a lot carved out
of a "raw piece" of land with no significant improvements.
Pope agreed.
No one else desired to speak, and Chairman Norman adjourned the hearing.
OTIO\ by Commissioner Robertson to (1) approve the Findings of Fact &
Conclusions presented for the Residential Growth Management System Ordinance for the
Brawley School Road Peninsula and (2) to approve the Residential Growth Management System
Ordinance for the Brawley School Road Peninsula effective May 1, 2007.
IENDMENT TO THE MOTION by Commissioner Johnson by adding the following
paragraph as (f) under Section 3 Allocations Available:
09 EXEMPT PROPERTY
Notwithstanding any other provision of this chapter to the contrary, all lots or parcels
contained within residential subdivisions on the Brawley School Road peninsula which have
obtained at least preliminary plat approval at any time prior to the effective date of this chapter
shall be exempt from the requirements of this chapter, and the property owner (regardless of
whether the property owner is the original owner or developer of the subdivision or a successor
in title) shall be immediately entitled to obtain a building permit in the same manner and to the
same extent as any other property owner in Iredell County without regard to the purposes and
requirements of this chapter. In the event of a conflict between this paragraph 309 and any other
provisions contained within this chapter, this paragraph 309 shall control.
Johnson said a high degree of the platted lots on the peninsula were already vested. He
said the exemption would clear up what does, and does not, constitute vesting, plus it created a
layer of insulation against possible litigation. He said, too, it would eliminate the task of
determining what was, and was not, vested for the staff.
Mr. Pope said he had always realized that many of the lots were vested, but the question
to be answered was whether the board wanted to define vesting, or whether or not the decision
would be left to the staff to decide what was vested on a case-by-case basis.
Robertson said it appeared that only 150 lots out of the 1100 might not be vested. He
mentioned that Mr. Pope had indicated the ordinance without the amendment was defendable,
and he asked what had changed between the original and the amended document.
Pope said he thought the ordinance could be defended but the amended ordinance would
be easier to defend.
VOTING: Ayes — 5; Nays — 0.
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