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767 Negotiated Concessions and Next Steps

08/04/2024 7:27 PM | Christina Maggi (Administrator)

From the time Kevin Jackson first presented the proposed Meadows at Haw Creek to our community in November 2023, HCCA worked to represent the interests of Haw Creek residents. Beginning in January 2024, we made several overtures to Jackson to engage in meaningful negotiations to see if there was a compromise that would address the community’s many concerns about the proposed project.

Jackson met with members of HCCA on two occasions and attended an HCCA meeting, listened to the concerns we expressed, but never provided any substantive responses. After the 4-3 vote by the Planning and Zoning Commission on March 20, Chris Pelly, on behalf of HCCA, contacted the Mayor to ask for her help to bring Jackson to the negotiating table. The Mayor reached out to Jackson and his attorney and asked that they attend negotiations, which she would host. Those negotiations yielded meaningful concessions.

1) Preserved Tree Canopy – The 767 parcel is 27 acres of which 53% is tree canopy. Jackson’s initial proposal to the Technical Review Committee (TRC) would have preserved only 3.4 acres of canopy. HCCA negotiated to preserve more of the canopy and increase the tree buffer for adjoining lots in Happy Valley. The Conditional Zoning (CZ) as adopted by City Council now protects approximately 5.5 to 6 acres of canopy and protects not only the tree canopy, but other existing vegetation as well. Protecting the existing non-tree vegetation was important to the west side property owners adjacent to the proposed town homes. That requirement was included as a condition of the CZ approval.

2) Improved Sidewalks – Jackson had proposed to build a sidewalk only on the west side of New Haw Creek Road in front of the town homes. Jackson did not propose to build a sidewalk along the eastern side of New Haw Creek Road. TRC, however, required that an east side sidewalk be included. HCCA suggested an alternative. Jackson’s proposal included a 12-foot greenway running the length of the frontage of the 767 property.  HCCA suggested moving the sidewalk or building an ADA-compliant multi-purpose path into the greenway and extending the sidewalk not only across the 767 property, but also across 719 New Haw Creek Road (the ballfields). The City and Jackson agreed to that requirement. The City’s sidewalk, when built, will end at Bell Road. The CZ will now require Jackson to extend that sidewalk to Sleepy Hollow Road.

3) Increased Town Home Screening  The homeowners adjacent to the proposed town homes were concerned about the lack of screening between their properties and the rear of the town homes. They were also concerned that the headlights of cars entering or leaving the town homes via Kings Meadow Court would light-up the houses on Redwing Lane and the hillside behind the town homes. The upper row of town homes is approximately 500-feet from north to south.  We were successful in negotiating a requirement that more than 700 feet of evergreen trees be planted along the rear property lines of the town homes, continuing along Kings Meadow Court to New Haw Creek Road. Jackson is required to plant 6 foot arborvitae every 12 feet along the rear property line of the town homes, with a second row of arborvitae, 6 feet behind and staggered between the trees in the first row. Arborvitae grow 3 to 4 feet per year, and reach a height of 40 to 50 feet at maturity with a spread of 12 feet. If any of the arborvitae die, the HOA will be required to replace it with a new 6 foot arborvitae. A total of more than 110 arborvitae will have to be planted.

4) Introduced Conservation Easement  HCCA negotiated a requirement that Jackson work with Riverlink, Southern Appalachian Conservancy or a similar organization to place the 3.8 acres of preserved tree canopy on the northeast side of the development, the area backing against Sleepy Hollow Drive, Alpine Way and Alpine Court, into a conservation easement with the potential for publicly accessible trails.

5) Reduced Unit Count – Jackson's proposal included 60 single-family homes. The CZ approved by City Council reduces that number to 49.

6) Minimized Retaining Walls – The 767 design approved in the CZ includes only two small retaining walls, one along the entrance to the town homes and a second along the northeast side of the wetlands near the ball fields. HCCA negotiated to minimize the number and height of any retaining walls. All of the options presented by Jackson that used a bridge across the wetlands as the sole access to the property would have required substantial retaining walls ranging in height from 5 to 20 feet, potentially running the full length of the 767 frontage.

Now that the Conditional Zoning has been approved by City Council, Jackson will have to submit new drawings and plans that conform to the terms of the project conditions as outlined and submit those to TRC for final review. NCDOT will review any issues falling within its jurisdiction since New Haw Creek Road is a state road.

Terry Latanich, a retired-attorney and Haw Creek resident who worked as one of HCCA’s negotiators on the 767 project, will continue to monitor the progress of Jackson’s project through TRC. He will keep us informed on any significant issues that may arise in the TRC review process as well as provide updates on timing.
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