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Thursday, May 3, 2018

Tricky Text Amendments...and Other Hocus Pocus

By Melissa Atherton


"Hey Davidson! Watch me pull high density out of a hat!"

Just when property owners thought the Davidson planning staff would run out of tricky ways to prohibit the construction of single family homes while encouraging high density…Poof! The magician planning team took citizens on a Magic Carpet Ride during the Watershed Text Amendment meeting Monday.

Staff attempted to convince West Side residents that the approximately 30 watershed text amendments were harmless. Staff also tried to justify having the Board of Commissioners vote on all 30 amendments as a “package deal” rather than picking each amendment apart. Comically, staff provided two patronizing “cons” to the text amendments that were really “pros”:

1. We should have passed these text amendments a long time ago.
2. This will encourage YOU to be more “thoughtful” in your home design.

Planning staff’s magic tricks were foiled earlier this year by the commissioners’ ability to see through the “Missing Middle” text amendment agenda: force people into building 40-60% apartments, but call the apartments cute euphemisms like “Village Courtyard” or “Village Walk-up.”

This time, planning staff are pursuing anti-single-family/pro-high-density text amendments in the noble name of “DRINKING WATER.”

Residents did not succumb to the planners’ spell. They asked the big questions:

1. Who requested the text amendments?
2. Why now and why the rush?
3. Are there specific projects that will benefit from the amendments?
4. What will “density averaging” do to our rapidly diminishing tree canopy? How is it beneficial for our “drinking water” to clear-cut one parcel next to the lake and save another, undesirable parcel elsewhere?
5. Why can you expand on an additional 24% of your property, but you cannot demolish and rebuild on the current footprint plus the additional 24%?
6. Why did the requirement for wet detention ponds get omitted, other than to make it easier for high-density developers to build more and profit more?
7. Why are you trying to use the watershed ordinance to address public policy on historic preservation? Is this even legal?
8. What will happen to the devalued properties on the West Side? Will a developer swoop in and purchase the land at a low cost, then build Village Courtyards and Village Walk-ups?

Readers should review the Wag the Dog & Grab the Land post. Homeowners and landowners on the West Side of Davidson are in the critical watershed. An ordinance was passed in 1993 that prohibits building beyond 24% impervious (concrete) in the critical watershed (west of Main Street).

Many of the existing West Side homes are already well beyond the 24% rule that was passed in 1993. One of the proposed watershed text amendments will no longer exclude pre-1993 homeowners and lot owners from the 24% maximum impervious limit.

Ironically, the text amendments will allow West Side property owners to expand on an additional 24% of their remaining land (creating an enormous footprint), but they cannot demolish and rebuild the EXACT SAME FOOTPRINT with a driveway and small garage. Residents repeatedly pointed out that this makes absolutely no sense.

Outlandishly ironic is that a developer can purchase multiple lots and build a 50% impervious, high-density project. Better yet, with a wave of their magic wand, planning staff identified certain commercial areas where developers can exceed 50% impervious in the name of “creativity.”

How in the world is this about drinking water? Crescent can build nearly 300 apartments next to the lake, but a single-family homeowner can no longer build a concrete patio, pool or driveway?

The text amendments are a big problem for West Side property owners. Many of the mill homes are approximately 800 square-feet and they need more work than what would make financial sense. Most were not designed to last over 100 years. Some would likely be condemned and therefore demolished, as was the home on the corner of Catawba and Hamilton last year. Yet planning staff wants owners to put additions on these homes? Picture an 800 square-foot mill home with asbestos siding, termites, and a cracked foundation...Now add a fancy new addition. It may be time for a West Side field trip!

Many West Side owners have dreamed of building modest new homes on their property for a long time. Under the proposed ordinance, all they can build is a tiny home with an attached garage and stubby driveway. The silly design would not fit the early 1900s architecture in the neighborhood.

Developers get to be “creative” and build well beyond 50% impervious, but single-family homeowners need to come up with “creative” solutions for building two-story, 1,000 square foot tiny homes?

Planners have repeatedly, publicly said the text amendments are to “protect our drinking water” and that the county told them to “tighten up” the ordinance. Ironically, Cornelius is in the same state and same county as Davidson, yet their ordinance allows you to demolish and rebuild your home:

“Reconstruction of Buildings or Built-upon Areas. Any existing building or built-upon area not in conformance with the restrictions of this ordinance that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single family residential development, provided: Repair or reconstruction is initiated within twelve (12) months and completed within two (2) years of such damage. The total amount of space devoted to built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided.

https://www.cornelius.org/DocumentCenter/View/1609

A resident pointed out the discrepancy between Cornelius and Davidson. Staff responded: “Cornelius does different things.”

If you live or own property on the West Side, you should be very concerned about the text amendments. Planning staff has them on the fast track: the public hearing is May 8th and the board will potentially vote on June 12th. Plan to attend the meetings and advocate for your property value, your neighborhood, and your community.

Plan to ask the commissioners if they truly understand the myriad consequences of each and every text amendment before they vote. Ask them if they have reached out to the UNC School of Government. Ask them if they have personally spoken to anyone at Charlotte-Mecklenburg Stormwater Services or the Town of Cornelius.

Let’s be under no illusion!

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