Matthews Plantation Estates is preparing for a $138 million expansion near the intersection of Fullwood Lane and South Trade Street, but deed covenants on some houses in nearby Hampton Green subdivision threaten to throw a wrench in the developer’s timeline.
ACTS Retirement-Life Communities, parent company of Plantation Estates, has received permission from Matthews to add 216 independent-living apartments in 14-to-18-unit buildings, with underground parking and 40 one-story villas with two-car garages.
They also plan to build new dining venues, a fitness center, assisted-living residence and a new skilled-care center.
Construction is expected to begin in spring 2015.
As part of the approval process from Matthews, ACTS agreed to build a street connection for the Hampton Green neighborhood by punching through the Talbot Court cul-de-sac, to connect to Fullwood Lane.
Hampton Green currently can be accessed only from South Trade Street. Residents say that, with the South Trade Street congestion, it’s extremely difficult to get in and out of the subdivision.
To build the new entrance, ACTS is purchasing a house on Whitefriars Lane that would have to be removed for Hampton Green to be connected to Fullwood. Under the conditional zoning from the town, the new road must be complete before any new buildings can be occupied.
ACTS recently was notified of a deed covenant on some of the houses in Hampton Green that prohibits the land from being used for anything other than a house.
That covenant, if enforced, would prohibit construction of the new road and entrance.
ACTS is working with neighbors to lift the covenant restriction but in the meantime is asking the town to modify the zoning conditions to allow a possible legal challenge should one or more neighbors decide to take them to court.
“They need the ‘just in case’ language so that if it does end up in court, they can open their buildings once they are ready to be occupied while the case goes through the proper legal challenges,” said Matthews Planning Director Kathi Ingrish.
Commissioners discussed the request last week and decided to solicit additional public input before making a decision.
Comments may be emailed to firstname.lastname@example.org or residents may deliver comments in person at the next Board of Commissioners meeting, 7 p.m. Aug. 25 at Matthews Town Hall.