2018: Things that didn’t make headlines but were important anyway

While tolls, roads, schools and the Arts Center were big newsmakers this year, I wanted to let you know of a few important developments you probably didn’t hear about.  There’s many positives and a few disappointments.  In no particular order, they are:

The sincerest form of flattery

Imitation, they say….   We saw this on a couple things this year. First, the newly-formed Transportation Advisory Board (TAB) created the Development Impact Process (DIP). The DIP gives us a glimpse of what traffic will look like at full buildout, and helps guide the traffic impact of proposed zoning variances. And second, the town completed installation of a state-of-the-art adaptive signal control system along Catawba Avenue. This has been an excruciatingly slow process, but we’re (finally) set to go full-adaptive on Jan 7^th.

These are two great developments that should return long-term benefits. As it turns out, at least one other town took notice. Huntersville is creating their own DIP- an improved version of the “Cornelius method”, I’m told- and they’re talking with the signal control vendor about potential installations.

We’ll all benefit from better development planning and more efficient traffic signals, so I’m excited about Huntersville’s participation.

Development and cooperation

Real estate development proposals used to be reviewed and approved through the “quasi-judicial” process, where the board essentially acted like a judge and jury. The developer, staff and consultants would present all information they felt relevant. The board could not ask questions nor talk about the proposal outside of formal meetings. When all was presented the board would weigh the “evidence” and render a “verdict.”

If that strikes you as a dumb process you’re not alone.

Fortunately, the previous board nixed quasi-judicial and replaced it with the “conditional zoning” process we have now. Instead of an all-or-nothing decision, CZ allows for a give-and-take discussion between developer and town. What’s followed is much greater cooperation and communication. We still approve most developments (it helps to remember we don’t have a choice between development and no development- like the folks who built our houses, vacant property owners have rights, too) but what gets approved now are much-improved plans. Usually, this means lower density, deeper buffers and better access.

The CZ process also helps us manage growth. Per the chart below, Cornelius has far fewer housing units approved than our neighbors. About half of the 430 approved housing units in Cornelius are age-restricted, further limiting the impact to infrastructure. Some have been on the books for over 20 years.

Kudos to the previous board for this huge improvement.

It gets better.

For the last major real estate development the board reviewed we sat through a staff presentation, transportation impact presentation and developer presentation. Then the developer’s lawyer got up and gave an additional 30 minute presentation. In total over two hours of presentations. We allowed the developer to have as many interested parties talk for as long as they wanted to. Then the residents got three minutes apiece.

I asked our Planning Director about bringing some balance to this. Boy, did he. In the revised review process staff will give a 3-5 minute presentation and the developer (or representative) will also get 3-5 minutes. The board will get to ask questions as long as needed, and support staff will be on hand. Out of necessity residents will still be limited to three minutes each, but this change brings much needed balance and allows us to focus on the issues and concerns instead of receiving a data dump.

Equal treatment…

Speaking of development, last Fall we approved the Cambridge Square proposal on the parcel where the Four Square Gospel church sits on Catawba Ave.  (I feel compelled to say that the traffic generated by this modest development will be easily handled after Catawba is widened later next year.)

The back parcels will be high-end homes and the front was to be re-zoned for commercial property, with the condition that the property could never again be used as a church. The rationale was the land use plan called for that section of Catawba to be a commercial corridor, and if another church wanted to buy that front parcel (and another does), they would just “have to look elsewhere.” The proposal sailed through the Planning Board with unanimous approval and the developer’s consent.

The church restriction struck me as hostile to religious organizations. Further, the Land Use Plan expressly allowed the property to be used for a micro-brewery, among other uses. What Land Use Plan, I wondered, encourages breweries while banishing churches to the periphery?

Fortunately this reasoning prevailed and the condition banning church use was struck from the re-zoning request. The interested church would still have to come up with the money and the developer has to be willing to sell, but at least now the town is not standing in the way. It’s a position we should have never been in in the first place.

My biggest disappointment

I’ve spent years trying to restore representative government to CRTPO, the planning body that prioritizes road funding for the region. Right now Charlotte’s single delegate counts for 46% of any vote, a near monopoly.  If we wanted to change that- for instance, have Charlotte send four delegates instead of one- we would need to change the CRTPO bylaws. Federal law says that can only be done by a 75% weighted vote of the constituent towns. So Charlotte has not only a near-monopoly say on any vote, but also on any rule change.

That’s not regional government, that’s de facto Charlotte city government.

I’ll devote a future blog post to this, but the short version is we must remove the weighted bylaws requirement if we are ever to have effective regional governance. Right after I was elected I started working our federal delegation. After months of conversation, Congresswoman Alma Adams office told me they asked Charlotte what they thought about adopting the bylaws by an equal vote… like the states did in adopting our US Constitution. Charlotte said they like things the way they are, thank-you-very-much. I spend the second half of 2018 in conversation with Sen Tillis’ office, who concluded there was no appetite for such a rule change and it “needed to be handled locally.”

Barring a change of heart from our Congressional delegation, we’re stuck with this ineffective system… for now.

Our only hope of restoring regional government will happen in 3-4 years, when the 2020 census might require the Feds to redraw the CRTPO boundary like they did in 2011. If that happens the new bylaws must be adopted by a 75% weighted vote.  If we can form a coalition of at least 25% of the constituent towns, we can force an earnest discussion about how to improve this broken system.

The LKN towns had a chance to do that in 2013 and instead voted for a decade of transportation futility.  Commissioner or not, if I’m anywhere near Cornelius when this comes up again I’ll be insisting we not repeat the same mistake. I’ll hope you’ll join me.

FOIA

Over the course of the year I’ve received about a dozen Freedom of Information Act (FOIA) requests. Under NC law, all town correspondence and documents are public record; you have the right to view them and request copies. Thus “my” town email is actually public domain, and I have no problem publishing a picture of it here. 

If you do make a FOIA request, please be as specific as possible. This will help us (me) fulfill your request completely and in a timely fashion. Also, please be aware that anything you send to my town email is also public domain.

As always, if you have a specific question feel free to email me (knaas@cornelius.org), or comment on the blog or respond on FB.  If I don’t know the answer I’ll track it down.

Looking ahead…

With the property revaluation and budgetary pressures (especially from our public safety departments), the 2019 budget season is going to be “interesting”. Also in the first half of next year keep an eye out for the report from the Cornelius Education Options Commission (CEOSC). Their findings and conclusions on the public school capital funding issue will help us navigate the best way forward to ensure our children have adequate school facilities in the future.  Then, of course, there’s the I77 toll issue.  I remain committed to the fight to cancel the contract and working with our new state delegation to make that happen.

Interesting times past, and more on the horizon…. stay tuned!

Wishing you and yours a prosperous and happy 2019!