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Developer drops Charlotte rezoning plan in high-traffic University area — for now

A developer has withdrawn its rezoning request to add 195 town homes off Mallard Creek Road in the University neighborhood of Charlotte.

The move comes amid density and traffic concerns voiced by neighbors. But just because the request was withdrawn, doesn’t mean homes can’t be built there.

Atapco Properties presented its rezoning request to Charlotte City Council in January. The Baltimore developer was looking to build the townhomes on about 19.5 acres at 2908 Alexander Road.

The problem, for residents, is that the area has become a hotbed for development but not for infrastructure changes.

The proposed development, Ashemore Townhomes, would have been built behind an existing community, Aria at the Park, which has 166 townhomes.

Aria is surrounded by construction. Currently, a 132-townhome development and a 295-unit apartment complex are being built along Mallard Creek Road, mere feet from Aria.

A map of the proposed Ashemore Townhomes, a 195-unit complex near Mallard Creek Road.
A map of the proposed Ashemore Townhomes, a 195-unit complex near Mallard Creek Road. Courtesy of the city of Charlotte

If the rezoning for Ashemore was approved, that would put 622 new units surrounding Aria.

And what about the infrastructure?

Part of the construction of Ashemore would have involved connecting streets from Ashemore through Aria, creating access points to Mallard Creek Road and David Taylor Drive. One of those access points would open up an existing cul-de-sac.

Charlotte residents share traffic concerns

Aria residents said the changes would create new traffic on roadways that have very little. Residents feared those small streets would become side roads for drivers looking to avoid traffic on Mallard Creek Road.

And the traffic on Mallard Creek Road has been an issue for some residents at the Colvard Park subdivision, which has about 85 homes and is across the street from the developments under construction.

That area of Mallard Creek Road is home to Mallard Creek Elementary. During school drop off and pick up, traffic backs up on Mallard Creek Road in both directions and blocks the entrance to Colvard Park.

A traffic sign near Mallard Creek Elementary alerts drivers to slow down. A proposed townhome development would add 195 homes to the Mallard Creek Drive, which increased traffic concerns for residents. But the developer has withdrawn its request for rezoning.
A traffic sign near Mallard Creek Elementary alerts drivers to slow down. A proposed townhome development would add 195 homes to the Mallard Creek Drive, which increased traffic concerns for residents. But the developer has withdrawn its request for rezoning. TRACY KIMBALL tkimball@charlotteobserver.com

On that mile stretch of road, 21 car crashes have occurred in the last two years, according to Charlotte’s Department of Transportation.

The speed limit is 45 mph, 35 mph near the school, and there are no crosswalks besides at major intersections.

“My resistance to the project was about the traffic flow,” said Robin Faison, who lives in Colvard Park. “On each side, you would have a lot of people competing to get out on the street. There needed to be better control of that.”

Who fixes Charlotte’s infrastructure?

When it comes to rezonings, often times developers include infrastructure improvement agreements in their requests.

Atapco was planing to give the Aria Homeowner’s Association $100,000 to use at its discretion on infrastructure improvements, such as speed bumps.

The idea of a traffic light or pedestrian crosswalk on Mallard Creek Road was also being discussed with the developer and CDOT.

But one of the issues with infrastructure changes stems from ownership. Does the city own the road or the state?

A developer was proposing a new project that will add 190 townhomes to an area with bad traffic concerns near Mallard Creek Elementary School in Charlotte. But the developer has withdrawn its rezoning request.
A developer was proposing a new project that will add 190 townhomes to an area with bad traffic concerns near Mallard Creek Elementary School in Charlotte. But the developer has withdrawn its rezoning request. TRACY KIMBALL tkimball@charlotteobserver.com

Mallard Creek Road is a state-owned road, meaning any changes need to be approved and paid for by the North Carolina Department of Transportation. That includes changes like lowering the speed limit by the elementary school or adding a light.

“The problem, to me, begins and ends with NCDOT,” Faison said. “Homeowners and landowners have every right to develop their properties. But I want NCDOT to step up. That’s my major contention. I want control of traffic and I feel like NCDOT needs to step up.”

NCDOT maintains about 80% of the public roadways in the state, according to the agency. That’s proving to be a problem for residents and developers along those corridors.

For example, residents in Mountain Island for at least a decade have asked for Mt. Holly-Huntersville Road to be widened due to development growth. It’s a two-lane corridor that carries travelers from the suburbs to the city, along with the residents who live there.

Charlotte allows rezoning for nearly 100 townhomes on Mt Holly-Huntersville Road

Like Mallard Creek Road and the University area, development is booming in Mountain Island.

On Monday, City Council approved a rezoning request to allow up to 95 for-sale townhomes on Mt. Holly-Huntersville Road.

With already underway construction and recent rezoning approvals, about 565 households will be added to a 3-mile stretch of Mt. Holly-Huntersville Road.

As for the widening request, it’s being considered. But if the project was approved by the state, the construction timeframe would be between 2046 through 2055.

What’s next for Mallard Creek Road development?

It’s unclear what Atapco will do with the land or why it withdrew the rezoning request. The developer did not return requests for comment from The Charlotte Observer.

Atapco’s President Russel Powell previously said the group is investing in the future of the University area. The developer is behind University Executive Park, a 10-building office and medical complex. The firm also built 278 apartments at Verde at McCullough Station near the office complex.

And Atapco can still build homes behind Aria.

A construction crew works on a plot of land on Mallard Creek Road. It’s one of two project being built in a one-mile radius. Another proposed development would have added 195 townhomes to the area but the developer has withdrawn its rezoning petition.
A construction crew works on a plot of land on Mallard Creek Road. It’s one of two project being built in a one-mile radius. Another proposed development would have added 195 townhomes to the area but the developer has withdrawn its rezoning petition. TRACY KIMBALL tkimball@charlotteobserver.com

The over 19 acres is zoned for the lowest amount of neighborhood density. If Atapco decides to build what it can by-right, the roadways would still have to connect through Aria, according to the city’s ordinance.

And Atapco would not be obligated to provide the $100,000 to Aria for infrastructure improvements nor help NCDOT or CDOT add a light or crosswalk onto Mallard Creek Road.

For now, residents will have to wait and see what gets built there. In growing Charlotte, it won’t stay empty for long.

“We deserve to be safe in a heavily, densely populated area,” Faison said. “And we’re only getting more densely populated.”

Desiree Mathurin
The Charlotte Observer
Desiree Mathurin covers growth and development for The Charlotte Observer. The native New Yorker returned to the East Coast after covering neighborhood news in Denver at Denverite and Colorado Public Radio. She’s also reported on high school sports at Newsday and southern-regional news for AP. Desiree is exploring Charlotte and the Carolinas, and is looking forward to taking readers along for the ride. Send tips and coffee shop recommendations.
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