On November 28, at a required public meeting held at Evergreen Community Charter School, Warren Sugg from Civil Designs Concepts, presented the proposed development plan for the 26-acre property at 767 New Haw Creek Road. The rendering shared with the 200+ in attendance, calls for 95 homes to be built on this landmark property located in the center of the Haw Creek valley (see below).

To the collective shock of nearly all present, the proposed development would transform the bucolic pasture and hardwood forest into high-density housing that exceeds current zoning standards.

Specific concerns about the proposal include:

~ The near total loss of tree canopy and animal habitat resulting from this design
~ Strain of increased traffic on two-lane New Haw Creek Road, especially around pick-up and drop-off times at the two schools located along New Haw Creek Road
~ Safety concerns in the case of an emergency—narrow, two-lane New Haw Creek Road is, for most of the valley, the only way in or out
~ Demand for Conditional Zoning to allow increased density out of scale and character with the surrounding community
~ Lack of developer commitment to affordable housing component
~ Lack of imagination in design, i.e. cookie-cutter approach

In response, the HCCA Board of Directors held an emergency meeting the following evening. The board opposes this development as planned and came up with a plan of action to try to stop it. We invite you, our neighbors, to help. To be clear, HCCA is not opposed to development per se, which is inevitable, but we object to this specific plan. We believe this proposal fails the test of smart planning and good design.

Here are our initial steps:

~ We are organizing a Working Group to collaborate on action steps. We have invited about 15 people who have various skill sets and experiences, and who represent Happy Valley and the surrounding area. This group will meet on Monday, December 4.

~ We have created a webpage, 767 Development, to serve as a central informational resource regarding this development. There, you will find the steps we are planning to take and what you can do to help, along with information on the conditional zoning process, upcoming meetings, public comment opportunities, etc. This page will be updated and expanded with new information on an ongoing basis.

The sale of the property is not yet final. Additionally, this development will require review by the Asheville Planning and Zoning Commission and others, with opportunities to make our concerns heard. Ultimately, the development will require a vote of approval by the majority of City Council.

The Board of Directors of HCCA are your neighbors who care deeply about the future of our community. We are committed to our mission to enrich lives, protect our natural beauty and promote safety throughout the Haw Creek Valley.

As a board, we will fight this development and we ask for your help so we can work together to demand better. There are some very wise, experienced, and passionate people in our valley, and together we need to make our voices heard.

On the minds of many residents is what the Haw Creek Community Association has done to stop the proposed development at 767 New Haw Creek Road. The question below, received from a Haw Creek neighbor on 11/21, captures this concern and our response details the many actions HCCA has taken since learning that this property was going to be sold.

"How do you as representatives of our neighborhood plan to support the majority of your neighbors who are not in favor of this development? So far I have not seen any support from the Board on this matter. Thank you. KG"

Dear KG,

From the time the Haw Creek Community Association first learned this property was to be sold, we have tried to play a constructive role in ways that support the Haw Creek community.

The cover story of our newsletter from almost a year ago (Winter 2023 Newsletter 2/21/2023) tried to outline what was at stake with the sale of 767 NHC. In the article we discussed how the one sure way to protect the property was to find a buyer committed to preservation. I wish I could report the article prompted an outpouring of support but that did not happen.

Knowing the property would likely be sold to a developer, beginning in early 2023—before the property was even listed for sale—HCCA tried to recruit a buyer from Haw Creek who would be committed to preserving some or all of the property. After extensive networking and many meetings, we found just such a buyer who committed to putting the 7-acre pasture area into a conservation easement. He submitted an offer but apparently Kevin Jackson's offer was higher and was selected instead.

Upon learning Mr. Jackson's offer had been accepted, we invited him to HCCA's November 14 community meeting at the library, attended by 130+ residents. The purpose of the invitation was to learn his specific plans for the property and this was how we all learned about the 95 houses he intends to build. Otherwise, this would not have been known until the zoom meeting scheduled for next week.

As soon as we found out that Mr. Jackson intended only a one-hour zoom meeting to discuss this large-scale project, we immediately appealed to the Director of the Planning and Urban Design Dept. for an in-person public review meeting. Today we learned that the developer has now scheduled a public meeting.

I believe this history demonstrates that we have acted responsibly and tried to guide the process toward a positive outcome. The board of directors of HCCA are your neighbors who care about the future of our community. We are all volunteers giving our time and resources to try and make a positive difference in an imperfect world.

If Mr. Jackson completes the purchase of the property, as much as we may oppose it, he does have the right to develop the land. Now that we've come to this point, I believe the current role of the community association is to demand a strict and fair development review process as well as to seek opportunities to mitigate the impact of this new subdivision in ways that benefit the greater community.

Thank you for your question and interest in this important issue.

Chris Pelly, President

Haw Creek Community Association

hawcreekavl.com

Civil Design Concepts has announced that they will be holding an in person neighborhood meeting on Tuesday, November 28, 6:30-8:00 pm at Evergreen Community Charter School, located at 50 Bell Road, to discuss the Meadows at Haw Creek (767 New Haw Creek Road) project. 

This is in addition to the zoom meeting that was already scheduled for November 28 from 5:00-6:00 pm. Use this link to join the zoom meeting: https://cdcgo.zoom.us/j/88279179995?pwd=DbKSjzKzngkMlCw5pfkel8ZocBgYfs.1; Meeting ID is 882 7917 9995 and Passcode is 605756.

The in person meeting will be held in the school's gymnasium and they are asking residents who were not able to attend the zoom meeting to please sit near the front. For those who were able to attend the zoom meeting, please sit in the back. The intent being to give those, particularly elderly folks who were referenced in emails to their engineers, a chance to be able to clearly see and hear the presentation.

A new "Welcome to Haw Creek" sign was recently installed at our main entrance at Crockett Street and New Haw Creek Road to help make a good first impression of the neighborhood. This project was led by Storms Reback, HCCA Board Member and Chair of the Clean & Green Committee. Over the summer, the committee reviewed various design ideas settling on this bright and cheerful version. The sign was funded by HCCA membership dues and fundraisers.

Committee members are also planning to tackle the landscaping, beginning early next spring. First the invasive ivy and vines will be removed, exposing some lovely large stones. The almost 30-year-old deteriorating welcome sign will be removed. Then new, native plants that spread gently and require minimal upkeep will be added. HCCA will purchase the plants and a team of volunteers will undertake the installation.

If you're able to help with the landscaping and can volunteer a few hours, please email us at info@hawcreekavl.com.

Our goal is to create a beautiful embankment to welcome everyone entering Haw Creek at this location.

Kevin Jackson, the buyer of the 26 acre parcel at 767 New Haw Creek Road, previewed his plan for the development of the property at HCCA’s Community Meeting on November 14. Following is a summary of our notes from his presentation.

~ Kevin Jackson is the developer. He is an Asheville native and part of a family of builders and real estate developers, now in its fifth generation.

~ He plans to build 90 to 95 homes, a mix of single family homes and townhomes. The bulk of the houses will be single family homes located on the larger tract of land that backs up to Alpine Way, on approximately 8,000 square foot lots. There are no plans for section 8 housing.

~ The townhomes will be located on the smaller tract of land on the west side of New Haw Creek Road. 

~ There will be one entrance into the development located near Bullman field off New Haw Creek Road. There is no plan to connect to any other existing streets. 

~ The City’s Department of Transportation will determine if a traffic study is required. 

~ The developer is considering creating a greenway along Haw Creek in the floodplain that could connect to Bullman field. Appropriate erosion and storm water management will be undertaken to protect the creek. 

~ There will be drainage ponds on the property to help with runoff. 

~ The plan is to save mature trees along the perimeter of the property to create a landscape buffer as requested by the City. Details on how large the buffer will be, maybe 20 feet, have yet to be determined.

~ Most of the forested area would be removed. New trees will be planted to meet City tree canopy regulations.

~ It will take about six months to complete the approval process. 

~ It will take about a year to demolish the existing structures, clear the land, and put in infrastructure.

~ Building the houses will be completed in phases. He did not show any preliminary plans for how the neighborhood would be laid out or what the houses would look like.

~ The City requires the developer to host a public meeting with surrounding residents to discuss the plan. There is a sign posted at the Happy Valley entrance announcing a "Neighborhood Meeting" to be held on November 28, 5:00 - 6:00 pm, via Zoom.

Use this link to join the Zoom meeting:

https://cdcgo.zoom.us/j/88279179995?pwd=DbKSjzKzngkMlCw5pfkel8ZocBgYfs.1

Meeting ID: 882 7917 9995

Passcode: 605756

The Haw Creek Community Association has submitted a request to the City's Planning and Urban Design Department for the developer to hold an in-person public information meeting as we believe a project of this scale and magnitude—subdivision of a landmark 26-acre property—requires more public review than a one hour Zoom meeting. As we learn new information we will post it here.

For additional background, see previous news post Landmark Property Under Contract for Sale 8/29/2023, and the feature article in the Winter 2023 Newsletter 2/21/2023. 

Jade Dundas, Capital Projects Director with the City of Asheville, joined Dustin Clemons, the Project Manager for the new sidewalk addition on New Haw Creek Road, who provided the following update at HCCA’s Community Meeting November 14.

The new sidewalk section, between Beverly and Bell Roads, was originally approved in 2016 with a project cost of $3 million, funded by the NCDOT ($2 million) and the City of Asheville ($1 million).

All easements will be finalized this week. Some utilities have already been moved and other utilities will be relocated during the winter. The final design plans should be ready in the next month, which will enable NCDOT to issue authorization allowing the City to accept bids for construction to start in the spring of 2024. Completion of the nearly one mile route is expected to take about one year—timelines will be built into the contract.

The sidewalk will cross the street near 655-660 New Haw Creek Road. The City studied the corridor and would have preferred to have the sidewalk on one side only but given the topography, this was the best option for build-ability and storm water management. The pedestrian crossing will include a push button activated flashing signal for residents' safety.

The construction may be done all at one time or in phases, depending on the contractor. However, past projects were done in sections. Either way there will be lane closures and traffic disruption.

HCCA's first-ever Chili Cook Off on October 24 was a success, with 12 chefs bringing their chilis and about 40 people in attendance, tasting and judging. There was a great mix of neighbors, from young families with kids to older residents, with a lot of new faces. 

The contest was informal and it looked like everyone was having fun. People voted for their top three choices and after the voting was complete, we awarded the top two chefs with gift cards from Chili’s that the restaurant had generously donated. We also raffled off a Black Haw bush, a native Haw Creek tree, and sponsored a bake sale so folks could indulge in a sweet treat.

This relaxed event provided plenty of time to chat with neighbors, new and old, while enjoying a diverse array of homemade chilis.

The HCCA board voted to fund a Little Free Library at Spruce Hill Apartments in Haw Creek, a 174-unit complex serving about 500 low- and moderate-income residents. HCCA board member Liz Polfus took on the construction job and, using her fine art skills, created a beautiful little library with a theme of colorful native plants.

To maximize the reading opportunities the Little Library provides, we turned to the Friends of East Asheville Library for help. They were eager to provide books that would best serve the many children and teens living at the complex.

Liz, along with a few Haw Creek friends and neighbors, installed the Little Free Library on October 21. The residents and management of Spruce Hill now have a new asset that will strengthen the culture of the apartment complex for years to come.

Meaghen McCoy and Carol Waters, the managers at Spruce Hill Apartments, said “We ABSOLUTELY LOVE LOVE, LOVE IT!!!!  It is more than we could have imagined. Thank you and your team for all of your hard work and it will be used and loved for many years!!!”

The latest improvement to Masters Park is now complete with the installation of an information kiosk in early October. Funded by a $5,000 Neighborhood Matching Grant from the City of Asheville, the kiosk build was led by valley resident Frank Maggi, with several other Haw Creek residents helping with the heavy lifting.

The kiosk includes information about Masters Park history, trail information, park flowers and trees, as well as a list of major benefactors. HCCA appreciates this collaboration with the City, which has resulted in an outcome that will benefit all park users.

The Haw Creek Community Association has many responsibilities, the most important of which might be serving as the voice of Haw Creek residents in conversations with the City of Asheville. A good example of this involves the sidewalk that’s scheduled to be built along New Haw Creek Road as part of the 2016 capital improvements bond referendum. 

As much as many residents are looking forward to the increased safety and walkability the sidewalk will bring, others have been concerned about the project’s design. Beyond a six-foot sidewalk, the project, as it was originally designed, included in some spots a retaining wall, a chain-link fence, and a four-foot-wide concrete “cut ditch.” The inclusion of the concrete ditch seemed excessive to many Haw Creek residents. It’s also been the most contentious aspect of the project.

At a December 16, 2021 meeting, representatives from the COA’s Capital Projects Construction Program, Dustin Clemens and Lora Sepion, assured Lee and Hunter Carson, homeowners who live on New Haw Creek Road, that “an earthen ditch with natural low maintenance vegetation” would be used to control the drainage behind the retaining wall and not a concrete ditch.

During the COA’s Online Community Engagement meeting on March 28, 2022, which was the City’s final public outreach prior to easement acquisition, Sepion and an engineer from Mattern & Craig stated once again that an earthen swale would be part of the project. Many homeowners who live on New Haw Creek Road subsequently signed easement agreements with the City.

On July 11, 2023, a member of the Haw Creek Community Association’s board of directors, Storms Reback, had a phone conversation with Dustin Clemens, in which Clemens stated that the earthen swale had been replaced by a concrete ditch in the project’s design because NCDOT, which maintains New Haw Creek Road, required it. No one had informed residents of Haw Creek about this change, so once they discovered it, many were upset. According to them, the concrete ditch has very few positive qualities and numerous negative ones. 

First, such a ditch would create an industrial look and feel to what is a rural residential road. Concrete ditches of this size are typically observed adjacent to major highways, interstates, and airports. It’s difficult, if not impossible, to find such a ditch in any other residential neighborhood in Asheville.

There was also reason to believe that the concrete ditch was unnecessary. New Haw Creek Road currently has minimal existing stormwater infrastructure, and very little, if any, water collects on the west side of the road during rainstorms. Stormwater is currently allowed to infiltrate the ground, improving water quality and reducing flood impacts to Haw Creek. The proposed concrete ditch would create an impervious surface that would funnel water into Haw Creek (and subsequently the Swannanoa River), potentially increasing flooding, erosion, property damage, and the spread of pollutants in our watershed. 

On July 26, 2023, HCCA’s president Chris Pelly sent a letter to the COA’s Director of Transportation Department Ken Putnam, the COA’s Capital Projects Director Jade Dundas, and Billy Clarke and Tim Anderson of NCDOT’s Highway Division 13 relaying these concerns. On September 19, Putnam responded to Pelly with a text that said, “Public Works prefers the concrete ditch for long term maintenance.” The HCCA was in the process of drafting a letter to the mayor and city council members expressing our dismay about this decision when, on October 11, Putnam reversed his decision, stating, “PW [Public Works] has reconsidered and we will be moving forward with a grass ditch. Not concrete.”

Ever since its formation in 1983, the HCCA has earned a reputation for its activist spirit, working on behalf of the community to protect the natural beauty of the valley. This victory is another example of such activism and the positive results it can produce.

Example of sidewalk with retaining wall and chain link fence: 

Diagram of proposed sidewalk, retaining wall, concrete ditch and chain link fence: