Elevation Church is proposing to make over the Palace Theater in Kenton Place for its eighth area church.

The Cornelius Planning Board meets Thursday, April 11, when the board is expected to take up two projects: Elevation Church‘s request for a rezoning that would allow it to use the old Palace Theater at Kenton Place, and the proposed Pender Pointe, a single-family home off John Connor Road in the Peninsula area.

NOTE: This meeting had been rescheduled to Tuesday, April 9, but it later was moved back to its original Thursday time.

The evening begins with a 6pm training session for board members in room 204. The regular Planning Board meeting begins at 7pm in the assembly room at Town Hall, 21445 Catawba Ave. (The April meeting originally was scheduled for Thursday, April 11.)

ELEVATION CHURCH

Charlotte-based Elevation Church is proposing a $5 million renovation to the vacant movie theater, which is owned by a California-based investment group. To use the space, the planned Elevation Lake Norman needs conditional zoning approval to allow “civic uses” as the primary use at the site, 8325 Copley Drive.

The church also plans to spend $1.5 million on state of the art audio visual systems in the building. Changes to the building’s exterior were approved March 22 at the Architectural Review Board.

The church is led by Pastor Stephen Furtick, who founded it in 2006. The Cornelius site would be the eighth Charlotte-area location for the church. Others are in uptown Charlotte, Gaston County, Matthews, Providence, Rock Hill and Charlotte’s University area. Elevation also is launching its first church outside the area – outside the U.S. – in Toronto.

“We’re excited about the opportunity to expand into the Lake Norman-Cornelius-Huntersville area,” said Tonia Bendickson, a spokeswoman for Elevation.

She said the church conducted a major fundraising campaign in late 2012 for an expansion that also includes new facilities in the Ballantyne and University areas. The church now counts about 14,000 members across all its sites, she said.

The project is expected to come up for a final vote at the April 22 Town Board meeting.

PENDER POINTE

The Pender Pointe project needs approval to close a portion of John Connor Road.

The Pender Pointe project is proposed off John Conner Road in the Peninsula. That project calls for closing a portion of John Connor Road, and constructing a new road called Pender Pointe Drive.

Developer Jake Palillo wants to combine several parcels into one 5.4 acre single-family lot. He’ll also build a new road and combine the property with adjacent parcels to provide road frontage.

The Town Board on March 18 adopted a resolution setting a Monday, May 6, public hearing date for the project. The meeting begins at 7pm at Town Hall. The board also could vote that night on whether to approve the rezoning.

RELATED LINKS

More information about Pender Pointe on the planning department web page.

More information about Elevation Church on the planning department web page.

Woodies Auto Service is proposed for Davidson Gateway Drive, at Peninsula Drive, near the Harris Teeter and Community School of Davidson.

By DAVID BORAKS
CorneliusNews.net

DAVIDSON – The Davidson Planning Board voted 8-1 Monday night to recommend eliminating the town’s Adequate Public Facilities Ordinance and to strike related language from the town rules. The board also voted against a rezoning for a proposed Woodies Auto Service shop at Peninsula and Davidson Gateway drives, near the Harris Teeter.

DROPPING APFO

Planning director Ben McCrary told the planning board Monday the town is in the midst of re-evaluating its Planning Ordinance and that the Town Board had asked staff to delete the Adequate Public Facilities Ordinance, or APFO.

Mr. McCrary acknowledged Monday that the current legal climate, in which North Carolina courts have invalidated APFOs, was a factor in the decision to abandon the APFO.

The Town Board will hold a public hearing and vote on the issue at its March 12 meeting.

Davidson adopted the APFO along with a new planning ordinance in 2001, as officials looked for ways to control growth. The APFO applies only to new residential projects.

The ordinance asks developers of new housing to share the costs of additional fire and police protection, public parks or other public services needed because of their projects. How much they pay is determined by a formula that assesses the developer for a portion of the cost of a published town “needs list” at the time projects are approved.

Mr. McCrary told Planning Board members the town plans to rewrite the planning ordinance in a variety of ways, to streamline the development approval process and to look for alternatives to the APFO.

The APFO requires a complex annual calculation to determine what public facilities are available and what effect a new residential development would have. The formula is tied to the town’s Capital Improvement Plan (CIP), a five-year budget for major projects such as streets, parks, buildings and other facilities.

But Mr. McCrary said projects in the Capital Improvement Plan don’t count toward unfunded needs. Since they are in the plan, they are deemed to be already provided by the town. The town adopted a new CIP in December. If someone were to submit a subdivision plan right now, no payments would be required under the APFO because, with projects in the works, town facilities currently “meet or exceed capacity,” he said.

“The calculus was confusing, not only for the town, but for developers,” planning board chair John Chesser said.

George Berger was the only planning board member to question the move. He wondered if the town should keep the APFO in place until it figures out a new strategy to ensure growth doesn’t overwhelm existing town staffing and facilities. “Would it be better to leave it in?” he asked.

The board voted 8-1 to accept town officials’ recommendation to eliminate the APFO, with Mr. Berger opposed.

The planning ordinance changes next go to a public hearing and vote before the Town Board on March 12.

After the meeting, Town Manager Leamon Brice said the APFO was not working as intended and that amid legal challenges it makes sense to eliminate it. Davidson has been one of only a few cities and towns in the state to adopt APFOs, and Mr. Brice said, “It’s the most complicated administrative thing we’ve ever tackled.”

Some developers are wondering what eliminating the APFO might mean for fees already paid. Would they get refunds? Mr. Brice on Monday said only, “I don’t know what the outcome of that would be.”

North Carolina courts have consistently ruled against similar local ordinances in recent years. In most cases, courts have equated APFO payments to “impact fees,” which are not permitted in North Carolina unless the legislature passes specific legislation allowing a community to impose them. Some towns and counties won passage of such legislation before 1990, but the legislature hasn’t approved any new bills since.

The town already has faced legal action over the rules, which ended in a costly settlement. In 2011, commissioners approved a settlement with the developer of the Summers Walk neighborhood, off NC 73 east of town. In that deal, the town agreed to accept only a fraction of the more than $1 million APFO payment it would have received for Summers Walk.

In addition, that suit cost the town nearly $50,000 in legal expenses, town officials said at the time.

Developers also dislike another rule Davidson adopted to manage growth: the Affordable Housing Ordinance. In an effort to maintain its historic socio-economic diversity, the town required developers of new residential projects to set aside 12.5 percent of homes or apartments at prices deemed affordable under federal income guidelines.

But with the real estate market slump in recent years, market prices have fallen, leaving little or no difference in prices for many affordable units.

Mr. Brice said the town is putting together a stakeholders committee to examine the future affordable housing ordinance.

“We realize everything in the economic world has changed,” Mr. Brice said.

Architect’s drawing shows proposed facade of the Woodies Auto Service. (Overcash Demmitt Architects)

WOODIES AUTO SERVICE

In a separate vote Monday, planning board members decided to stick with the town’s zoning for the Exit 30 area, which requires buildings to have two active stories. The board voted 8-1 against supporting a zoning change that would have allowed the proposed Woodies Auto Service, at Davidson Gateway and Peninsula Drives, near the Harris Teeter and Community School of Davidson.

The auto repair shop is requesting an exception to the planning rules in the area, because its design calls for only one active story. Woodie Enterprises of Charlotte has submitted a drawing of the proposed building, which would have the appearance of two stories from the outside, but only one floor in use.

The 12,000-square foot building would have about a dozen auto repair bays on the 1.2 acre site.

Mr. McCrary told the board there are merits to the Woodies plan. Retail “leakage” studies have shown that Davidson residents frequently leave town to find auto services – so the business is needed here. The project also would help the town meet its goal of boosting its commercial tax base.

But the planning staff has recommended against the rezoning, citing the lack of a second active story. The staff also says the proposed investment on the site would be substantially less than other buildings in the Exit 30 area. “A building with only one active floor on that site vastly undervalues the potential commercial tax base for the town,” the planning staff said it in its analysis.

Planning board member Brunson Russum opposed the rezoning, objecting to the design that creates the illusion of a second story. “I’m absolutely against false facades,” he said. “It is Disney world, a stage set.”

Some planning board members said the town should press the developer to follow its rules. They pointed to the CVS in downtown Davidson, whose developer fought the town’s zoning, before eventually agreeing to build a two-story building. It’s now cited as a success story: The upper floor of the pharmacy now houses CVS regional offices.

Only planning board member Martha Jenkins supported the rezoning. She recalled that her husband once worked at the Gulf station on Main Street, which once had two auto service stations. “It’s a service we need in Davidson. We need to figure out a balance, and how we can get this for Davidson,” she said.

The Woodies Auto Service rezoning now goes to the Town Board. Commissioners could go along with the Planning Board and planning staff recommendation, or they could decide to approve the exception to town rules.

RELATED LINKS

Feb. 25, 2013, “Davidson plan board to review auto shop, eliminating APFO”

Past coverage of the Summers Walk APFO lawsuit and the APFO on DavidsonNews.net.

North Carolina Home Builders Association web page on impact fees.

June 8, 2012, PlanCharlotte.org, “With ordinances dead or in limbo, planners ponder next steps”

Feb. 25, 2013, Davidson planning staff analysis of Woodies Auto Service proposal. (PDF)

Feb. 7, 2013, Woodies Auto Service application for rezoning (PDF)

DAVIDSON – With the tide of court rulings now flowing against it, the town of Davidson is taking steps to eliminate its Adequate Public Facilities Ordinance, or APFO. The big change is among the items up for review at the Davidson Planning Board Monday night, Feb. 25.

The board also will review plans for a one-story auto repair shop at Davidson Commons East, off Griffith Street near the Harris Teeter and Community School of Davidson. The meeting begins at 6pm at Davidson Town Hall, 216 S. Main St., Davidson.

END OF THE APFO?

The planning board on Monday will review revisions to the Planning Ordinance that include eliminating Section 18, the Adequate Public Facilities Ordinance, and all references to it elsewhere in the rules.

Davidson’s adequate public facilities ordinance was among a collection of new planning rules adopted in 2001 as the town looked for ways to control growth. It applies only to new residential projects.

The ordinance asks developers of new housing to share the costs of additional fire and police protection, public parks or other public services needed because of their projects. How much they pay is determined by a formula that assesses the developer for a portion of the cost of a published town “needs list” at the time projects are approved.

The ordinance established what public services and equipment were available in 2001, and set that as a baseline to follow amid future growth. As new residences are added, the APFO requires developers to help maintain the baseline level of services. It gives developers three main options:

• Pay for new services or facilities in their entirety to ensure that the need is met.
• Pay a pro-rated per-home fee to share in the costs of new services or facilities.
• Wait until the needs are met by some other means before proceeding with a project.

The town already has faced one lawsuit over the rules. In 2011, commissioners approved a settlement with the developer of the Summers Walk neighborhood, off NC 73 east of town. In that deal, the town agreed to accept only a fraction of the more than $1 million APFO payment it would have received for Summers Walk.

In addition, that suit cost the town nearly $50,000 in legal expenses, according to town officials at the time.

In recent years, North Carolina courts have ruled against towns and counties in a variety of cases involving similar ordinances. In most cases, courts have said that APFO payments are akin to “impact fees,” which aren’t allowed in North Carolina unless the legislature passes specific legislation allowing a community to impose them. Some towns and counties won passage of such legislation before 1990, but the legislature hasn’t approved any new bills since.

Local officials have defended their APFOs by arguing that fees are allowed under the general zoning authority that the state grants to counties, cities and towns. They say local governments have the right to establish a basic level of services, and to impose rules to maintain that level.

But the courts have disagreed. A year ago, the N.C. Supreme Court upheld a lower court ruling that struck down school-related development fees in Cary, outside Raleigh. Other court rulings have undone APFOs in Durham, Cabbarus and Union counties.

WOODIES AUTO SERVICE

The board also will take up a zoning change request for the proposed Woodies Auto Service, at Davidson Gateway and Peninsula Drives, in the Davidson Commons East conditional planning area. The auto repair shop would need an exception to the planning rules in the area, which require two-story buildings.

The town planning staff has recommended against the zoning change, because the single-story building does not meet the two-story requirement. The staff also said the auto repair shop doesn’t fit with the town’s goals for the area, as outlined in the Exit 30 Small Area Plan. And the proposed investment – about $350,000 for a half acre – is well below what other developers have invested in the area. The staff analysis says: “A building with only one active floor on that site vastly undervalues the potential commercial tax base for the town.”

RELATED LINKS

Feb. 25, 2013, Davidson planning board agenda on the town website.

Past coverage of the Summers Walk APFO lawsuit and the APFO on DavidsonNews.net.

North Carolina Home Builders Association web page on impact fees.

June 8, 2012, PlanCharlotte.org, “With ordinances dead or in limbo, planners ponder next steps”

Architect’s drawing shows the layout of the proposed Courtyards, which are aimed at seniors.

The Cornelius Planning Board on Monday night recommended approval of a developer’s rezoning request to allow 25 units on 8.4 acres off Jetton Road extension, near Magnolia Estates. The Courtyards at Cornelius would be aimed at seniors and “empty nesters,” according to descriptions provided to the town.

Epcon Communities Carolinas LLC is seeking conditional zoning as well as approval for a “major architectural variation” to allow the project. The developer plans to divide the property into 25 lots.

Also on Monday, the planning board, acting as the Board of Adjustment, also approved the Major Architectural Variation.

Epcon wants to change the current “Neighborhood Residential” zoning to “Neighborhood Mixed Use Conditional Zoning.” The developer says the target market for the homes will be senior adults.

Several residents of the nearby Magnolia Estates spoke at the meeting, and the planning board’s approval came with conditions attached. Town planners were still drafting the final version of those conditions on Wednesday, and details weren’t available.

In a planning staff analysis given to the planning board, town planners had recommended approval of the project, with conditions. Among other things, the developer would not be able to grade or erect retaining walls within a 10-foot buffer along the south boundary with Magnolia Estates. A sidewalk would have to be extended to connect with an existing sidewalk at Village Center Drive. And the staff recommended that architectural shingles be used, possibly subject to approval by the Architecture Review Board.

The planning board’s recommendations, along with the conditions, will go to the Town Board for a vote on Monday, Feb. 18.

Read more on the town website.

CORRECTION – The original version of this article quoted a Cornelius Planning Department analysis in reporting that four units per building were planned. The department says it has corrected its report. Only one unit per lot is planned, for a total of 25 lots.

The votes, which are advisory only, came at the board’s monthly meeting at Town Hall. Both zoning requests now go to the Davidson Town Board, which has the final say.

RETIREMENT RESIDENCE

Hawthorn Retirement Group is proposing this 120-unit retirement residence at the end of Peninsula Drive in the Exit 30 area.

Hawthorn Retirement Group of Vancouver, Wash., is asking for a conditional rezoning to allow a four-story retirement residence on 4.25 acres at the end of Peninsula Drive, on Lake Cornelius. The building would have 125,000 square feet and about 124 suites, along with a minimum of 85 parking spaces.

Davidson’s parking standards call for a minimum of 124 spaces on the site – 1 space per unit. Hawthorn and its architect, Lenity Architecture of Salem, Oregon, say seniors who live in similar retirement residences elsewhere typically do not need as many parking spaces. They also provided a traffic study with a similar conclusion.

Hawthorn said it could provide up to 100 spaces, by adding a few more spaces and by counting nearby on-street parking, which is permitted under town rules. And the company offered to meet several other conditions:

• Hawthorn would set aside 12.5 percent of the units to satisfy the town’s affordable housing ordinance, even though the site is not required to do so.
• The company has offered to put public art on the site, likely in a roundabout proposed for Peninsula Drive.
• The developers would contribute to improvements at nearby Parham Park.

Planning board chair John Chesser also noted that the $12 million project would be a significant economic investment in town.

But planning board members on Monday weren’t buying the company’s argument on parking.

Board member Brunson Russum said the 85 spaces works out to 0.69 spaces per unit, which is well below the town’s minimum of 1 space per unit. And he said nationally, independent senior living facilities typically have about 1.5 spaces per unit.

“This doesn’t even take into account the staff,” he said.

One board member suggested that the company consider building fewer units, so it would have enough parking on site.

Planning board member Susan Dailey said the company had not substantially changed its plans since a previous review in August. “I’m disappointed,” she said. “I like the concept. … As I look at it now, it looks like the site was the wrong site, given the concerns about parking.”

The board voted 7-3 not to recommend the retirement residence project. Members John Kennedy, Beth Cashion, and Mickey Pettus were in the minority.

MSC SIGNS

The board also voted against MSC’s request to have a 60-square-foot interior-illuminate sign facing I-77. Signs lighted from the inside are not permitted in Davidson, though some developers have won exemptions, including the nearby Homewood Suites Hotel.

But the Planning Board voted 8-2 on Monday against making another exception. Several member said they didn’t want to set a precedent by continuing to grant waivers of the town’s rules.

The planning staff had said it “would support” an internally-illuminated sign on the building’s I-77 side as well as other proposed ground-mounted signs, as long as they’re not internally lit, and are not larger than other signs at nearby Homewood Suites and Harbour Place.

The board had no problems with ground-mounted signs.

Melville, N.Y.-based MSC is building a $31 million headquarters off I-77 Exit 30 in Davidson, where it eventually could have 400 employees.

RELATED COVERAGE AND DOCUMENTS

Jan. 28, 2013, DavidsonNews.net, “Planning board to review retirement residence, Delburg St. infill.”

Jan. 28, 2013, Davidson Planning Board agenda

MSC sign proposal

Davidson planning staff analysis and recommendation on MSC signs

Here’s the town website page with background on the MSC project

Davidson Retirement Residence staff analysis, site plan and other information on the town website.

Hawthorn Retirement Group is proposing this 120-unit retirement residence at the end of Peninsula Drive in the Exit 30 area.

The Davidson Planning board meets Monday, Jan. 28, with an agenda that includes discussion and possible recommendations on signage for MSC Industrial Direct and a master plan for the Davidson Retirement Residence in the Exit 30 area. The board also will review plans for a “pocket neighborhood” on Delburg Street. The meeting begins at 7pm at Davidson Town Hall, 216 S. Main St., Davidson.

The board is being asked to make recommendations to the Town Board on the MSC signage and retirement residence project. Both come with the endorsement of the town Planning Staff, though with some conditions. The requests then would go to the Town Board for final approval.

Melville, N.Y.-based MSC is building a $31 million headquarters off I-77 Exit 30 in Davidson, where it eventually could have 400 employees. The company has requested approval for signage on the site, off Harbor Place Drive. The planning staff says it “would support” an internally-illuminated sign on the building’s I-77 side as well as other proposed ground-mounted signs, as long as they’re not internally lit, and are not larger than other signs at nearby Homewood Suites and Harbour Place.

Hawthorn Retirement Group of Vancouver, Wash., is seeking conditional rezoning to allow a four-story retirement residence on 4.25 acres at the end of Peninsula Drive, on Lake Cornelius. The building would have 125,000 square feet and 120 suites. The planning staff is recommending approval, with several conditions: creating an affordable housing program, establishing public art on the site, contributing to the development of Parham Park, and incluidng a minimum 50’ buffer with public trail at the point of the peninsula into Lake Cornelius.

John Marshall Custom Homes is proposing a neighborhood of 16 homes off Delburg Street.

The Delburg Street Infill project is up for discussion only. Developer Rodney Graham wants to build a “pocket neighborhood” of 16 houses on 2.81 acres. In its analysis, the town planning staff says the project does not require Planning Board approval since it is allowed “by right,” and must be approved by staff only. In its analysis, the staff says “the concept is in keeping with the spirit and intent of the ordinance. The developer and design team will still need to address a number of technical details to come in conformance with all applicable design standards.”

The board also will get an update on building permit activity and a report from planning manager Ben McCrary.

The board also will welcome new members David Batty, Beth Cashion, John Kennedy, Mike Minett, and Mickey Pettus and give certificates of appreciation to departing members Autumn Rierson Michael and Vince Winegardner.

RELATED DOCUMENTS

Jan. 28, 2013, Davidson Planning Board agenda

MSC sign proposal

Davidson planning staff analysis and recommendation on MSC signs

Here’s the town website page with background on the MSC project

Davidson Retirement Residence staff analysis, site plan and other information on the town website.

Delburg Street infill project site plan.

Delburg Street infill staff analysis.

Delburg Street infill information page on the town website.

Oct. 29, 2012, DavidsonNews.net, “Developer plans Delburg St. ‘pocket neighborhood”