How plans for an apartment complex changed is a lesson in local government and economics

Last Updated: July 12, 2021By Tags:

Jake Palillo, right, has brought on developer Jamie Rolewicz as a 50-50 partner in new apartments that will go up on W. Catawba / Photo by Dave Yochum

ANALYSIS | By Dave Yochum. As Cornelius approaches build-out, it’s only natural that new projects receive more scrutiny from town officials ranging from the appointed members of the Planning Board to planners on town staff, from the Town Board to ordinary citizens. That was the case with Jake Palillo’s plan for 252 apartments on West Catawba. Cornelius officials say the project would almost certainly have been approved 10 years ago with hardly any changes coming from the town.

That wasn’t the case with what’s also known as the Junker Property, named for the real estate visionary, the late Norman Junker, who assembled the property around the Wher-Rena Boatland decades ago.

The Junker Proposal property is just east of Wher-Rena, where White House Gardens is now. The property between Junker Drive and Harbor View Drive consists of 12 acres.

In controversial 4-1 decision, the Town Board approved the Palillo project after the proposal was negotiated and scaled down “on the fly” during the final town board meeting on the subject in June. This, after it was voted down by the Planning Board, the second time in recent months that the advisory body’s advice was ignored. (Click here for Point/Counterpoint on this subject.)

“Negotiating an amended zoning decision from the dais is not the norm, based on my experience but it is certainly legal and based on the circumstances, may be an option that a majority of Commissioners may choose from time to time,” said Mayor Woody Washam.

It was reduced in size from 252 apartment units to 195, a 22 percent reduction. In similar fashion, the retail space that was part of the deliberations before the planning board was removed altogether. All told, reducing the number of units and eliminating the retail will cut the trips per day by 60 percent, commissioners Tricia Sisson and Michael Miltich said in a June 22 letter to neighbors in Lake Norman Cove at Jetton.

All that said, there’s no doubt traffic on West Catawba will continue to worsen—thanks in part to ongoing new development. State law prohibits assessing impact fees such that new development would fund accompanying road improvements.

“Impact fees would solve all the problems for the entire region,” said Palillo, who employs more than 150 people across multiple businesses.

Jake Palillo

Building to meet demand

“The property is for sale, and there is no denying it will sell. So if not this project, what could come in its place?” Sisson and Miltich said in their letter.

Developer Palillo, who advertises with Cornelius Today, said he is looking forward to building a high-quality project. The developer of Bailey’s Glen said he will retain the $40 million investment in the West Catawba apartments in his own portfolio.

He has also brought on board one of the most respected developers in Lake Norman—Jamie Rolewicz, the developer of the million dollar condos in the Watermark project farther east on West Catawba. (Rolewicz is also an advertiser in Cornelius Today.)

That project targets the top end of residential buyers. Palillo said the new apartments will target “higher income and empty-nesters, and young professionals who are the next Peninsula buyers.”

Rolewicz and Palillo will be equal partners, Palillo said.

“We don’t want to go after the masses, we want to go after the people who want nice, quality apartments,” said Palillo, who has lived in The Peninsula some 20 years.

By inference, he’s saying the project will be a good neighbor and enhance property values similar to the Watermark condos.

Demands on the Planning Board

Palillo took issue with the role of the Planning Board, calling them “wonderful people” who may not be up to the task of development for future generations of renters and buyers.

“They give you a decision based on what they ‘think,’ but it’s not what they ‘think,’ it’s where is the world going today…and that’s the direction that you have to go in…but the planning board  doesn’t understand the population,” Palillo said, explaining that great projects will meet the needs of the marketplace for years to come.

A Lake Norman Economic Development study—outlined at the July 19, 2020 Town Board meeting—called for more residential on West Catawba, something Palillo is passionate about. He says apartments will bring more customers to struggling Cornelius retail. Despite the presence of high-end single-family neighborhoods nearby, it’s not enough to keep businesses here going strong, he said.

“You need more multifamily to help spur the businesses,” Palillo said. “Catawba has more than enough retail [space] to last for a long long time.”

He said apartment dwellers will live, shop and eat in the neighborhood, more so than employees in an office building.

Indeed, Lake Norman Chamber CEO Bill Russell came out in favor of the first, larger version of Palillo’s project.

BILL RUSSELL

Among the possibilities on the site, “by right,” were a convenience store, a hotel, offices up to four stories and a drive-through restaurant, according to the Sisson/Miltich letter.

“What would you rather have next to you? Nothing is not an option,” Palillo said.

Fair is fair?

Meanwhile, in November of 2019 the town approved a plan by Convenience Development Partners for a mixed-use retail/office development for a convenience store and carwash, with outparcel retail at nearby Nantz Road and West Catawba. The project includes a 45,000 square foot multistory office building.

While giving high praise to Planning Director Wayne Herron, Palillo said the Planning Board would benefit from “vision, direction and reasoning.”

Project timeline

Palillo and Rolewicz will close on the property within the next 60 days, Palillo said, with construction starting about eight to 10 months after plans and permits are completed.

Build-out will take about 14 months.

Palillo anticipates opening day sometime around the late fall of 2023 to spring of 2024. Lease-up takes another eight to 10 months.

He is planning for 90 percent occupancy in late 2024.

Phase Two West Catawba construction from Jetton to Sam Furr isn’t expected to begin until 2025.

“I’m not a developer who is coming into your community and then going away,” Palillo said.

People are coming

Cornelius and Charlotte remain high on the list of fast-growing destinations for all ages of people, from Millennials to empty-nesters.

“I’ve sold more houses in the past month to people from California than in the past five years,” Palillo said of home sale trends in Bailey’s Glen. People are buying houses in excess of $350,000 sight unseen.

Palillo said he plans to hire someone to drive up and down West Catawba from 7 am to 7 pm and clock every trip from Hwy. 73 to Hwy. 115 on the east side.

“The only way to fix Catawba is to make Catawba east of I-77 one way,” he said.

But that’s another story.

[hr]

Backgrounder: The Planning Board

Washam

In Cornelius, up to 10 citizens who have been appointed by the Town Board review and make recommendations on matters related to real estate planning and development. Members may be lay people who use common sense and market knowledge. Planning establishes the ground rules for development. When a project doesn’t comply with the ground rules or overlay zones, the Planning Board will vote on whether an approval or a denial is appropriate. The Planning Board, legally speaking, is only advisory with no final authority.

“The Planning Board is the one Board that is required of all local governments nationwide. Planning Boards are generally expected to be a good cross-section of residents that can provide an advisory opinion to the elected body. Planning Board members spend a great deal of time becoming familiar with plans and ordinances, but ultimately, the expectation is not that they be experts, but that they provide an opinion based on their common knowledge, daily neighbor and friend interactions as well as collective discussion and evaluation of facts presented based on adopted policies and ordinances.”

—Mayor Woody Washam

No Comments

  1. cheryl simpson July 12, 2021 at 12:48 pm - Reply

    Can’t wait to vote out these scoundrels. With all the cars that will be on W Catawba the housing market should drop precipitously because no one will be able to go anywhere.

  2. Patricia Grisanti July 12, 2021 at 3:07 pm - Reply

    Good summary article. This is not a lesson on Economics
    but a lesson on local politics .

    As an Accountant who has studied Accounting and Economics and worked for a major Public Accounting firm , Price Waterhouse and Co. clearly this was not an economic decision.

    This was pure and simply a POLITICAL decision.
    REMEMBER THIS IN NOVEMBER FOLKS. I know I will!

    Sincerely,
    Patricia Grisanti , Accountant

  3. Melinda Murphy July 12, 2021 at 3:24 pm - Reply

    A little known law was just passed that allows towns to impose ‘impact fees’ on all new construction. This went in effect on July 1st.

    https://www.ncleg.gov/Sessions/2021/Bills/Senate/PDF/S437v1.pdf

  4. Chris Vasiloff July 12, 2021 at 3:41 pm - Reply

    As to the logic and rationalizations espoused in the article, I am dumbfounded. The help for the poor local retailers wasn’t much of a concern when the original plan for Junkers was to add retail space. Having people from California come in and buy property sight unseen is not a good thing. These are exactly the people we don’t want who have no vested interest in keeping Cornelius special. Thinking they will drive up property values is a fiction as overcrowding is a sure way to reduce the attractiveness of the area. Further, to justify that his helps the Peninsula homeowners has to be an affront the rest of the Cornelius population. The developer is just doing his job, saying whatever is necessary to sell his project. For the Commissioners to buy into this over the direction of the planning board, many (most?) of their constituents and to do it “on the fly” is disappointing to say the least. Maybe when they vote to make Catawba east of 77 a one-way street, they will all feel they really accomplished something.

    Thank you to Denis Bilodeau for at least respecting the process.

  5. Norm P July 14, 2021 at 12:07 am - Reply

    Thank you, Mr. Bilodeau for your attempt at rationality. Accepting a smaller development should have required at least one hour of discussion. As for our mayor, he seems to have forgotten that it is the duty of the local government to appoint the planning board.
    Does the mayor think the Planning Board did not fulfill its duties properly?

    From the UNC website:

    https://canons.sog.unc.edu/planning-board-basics/

    Core Responsibilities

    The General Statutes grant planning boards fairly broad authority for comprehensive planning and implementation of that comprehensive plan (GS 160A-361 & GS 153A-321). The planning board may

    Make studies of the area within its jurisdiction and surrounding areas;
    Determine objectives to be sought in the development of the study area;
    Prepare and adopt plans for achieving these objectives;
    Develop and recommend policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;
    Advise the council concerning the use and amendment of means for carrying out plans;
    Exercise any functions in the administration and enforcement of various means for carrying out plans that the council may direct;
    Perform any other related duties that the council may direct.
    In practice, the essential responsibility of planning boards is drafting the zoning ordinance and reviewing proposed amendments. The planning board is charged with preparing and reviewing a locality’s initial zoning ordinance and map as well as making written recommendation about its adoption (GS 160A-387 & GS 153A-344). This generally applies to comprehensive revisions to the zoning ordinance and map, as well.

    Subsequent amendments to the zoning ordinance or map must be submitted to the planning board for review and comment. The planning board mus ust provide written recommendation to the governing board that addresses whether the proposed amendment is consistent with the comprehensive plan or other applicable adopted plans. The governing board may act on a proposed amendment after the planning board makes recommendation or 30 days pass. The governing board is not bound by the recommendation of the planning board, if any (GS 160A-383 & -387; GS 153A-341 & -344).

  6. Justin Bossert July 14, 2021 at 6:19 pm - Reply

    At least Mr. Bilodeau acknowledged the need to allow for further input after the changes were proposed. But in the end it’s clear that the commissioners were going to jam this through regardless of citizen feedback. I see comments about voting them out but I only see two additional opponents at registered at this point. We need more people to run- who will listen to and act based on citizen feedback. Will anyone step up?

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