The rise of creeks and streams after last week’s torrential rains give new ammunition to neighbors opposed to development plans; ‘It is concerning’

The following story was posted and written by The Charlotte Ledger and staff writer Lindsey Banks.

Last week’s heavy rains caused major flooding off the south side of a tract of land that could soon hold new apartments in the Piper Glen area. Neighbors are worried the proposed development, which they say would sit beyond the “no trespassing” sign pictured above, will cause more extreme flooding in the future. (Photo courtesy of Garland Green) 

Last week, in the aftermath of the area’s torrential storms, Piper Glen resident Chris McIntire and his wife Ellie looked out of their window, which offers a clear view of the Four Mile Creek about 200 yards away, and noticed three teenage boys riding down the creek on inflatable rafts. On a normal day, the creek is only a few inches deep and could never move a raft, much less two passengers. 

McIntire lives near one of south Charlotte’s biggest development disputes — an area between Rea Road and Elm Lane where developer RK Investments is proposing a mix of 500 apartments and 140 single-family houses and townhomes on wooded land near the Four Mile Creek Greenway known as the Gillespie property. A public hearing on the rezoning petition is scheduled for Feb. 19.

“The flooding is not getting any easier,” McIntire told The Ledger. “If you create something this dense, with this much hard surface, it’s going to infect everything close.” 

Typically, neighborhood opposition to development centers around issues such as traffic, impact on schools and concerns over protecting an area’s character. Last week's storms raised the profile of another worry of opponents of several proposed developments in south Charlotte — that adding large apartment buildings, parking lots and other structures will exacerbate flooding.

City ordinances require that new developments have adequate storm drainage and mitigate runoff. Developers engineer plans to take storm water into account.

But in cases like the Gillespie property, residents say flooding is already a concern and they fear it is bound to get worse with more development. 

The city’s stormwater design manual, last updated in 2014, requires storm system pipes and roadside ditch systems to be able to accommodate a 10-year storm, which means a rainstorm so severe it is expected to be equaled or exceeded on the average of once every 10 years. 

Developers and engineers are also required to design stormwater runoff systems “to hold and discharge water in the same way it would have been discharged pre-development,” said Tom Brasse of RK Investments, who is working on the proposed Rea Road development. 

Brasse said RK Investments will work with engineers to design the runoff system to meet the requirements put in place by the city, “and possibly even exceed” what the stormwater ordinance requires.

City of Charlotte officials did not respond to a request by The Ledger this week seeking an explanation of efforts the city takes to ensure that new developments have adequate storm water mitigation.

The photo on the left shows the TPC Piper Glen golf course on a normal, rain-free day. The photo on the right shows the same view of the golf course after last week’s rain. It is located near land off Rea Road that's slated for new apartments.  (Photos courtesy of Carol Manz)

More flooding woes in south Charlotte: A few miles away from the Gillespie property, another area that’s up for rezoning also has local residents troubled. Developers plan to build 917 homes and a middle school in the Rea Farms area off Tom Short Road on land that is currently woods and open space. 

Marian Black, who lives near the site, said she noticed major flooding following last week’s rain along Flat Branch Creek and after heavy rains in years past. 

This photo was taken on Dec. 26, 2023, east of Tom Short Road along Flat Branch Creek. (Photo courtesy of Marian Black)

Black said the retention ponds and buffer areas overflow and run into Flat Branch Creek, which causes flooding on Tom Short Road. Once construction begins and trees are removed, she worries the flooding will become worse as the flow of water changes. 

“The density is what is creating the possibility of increased flooding,” Black said. “The school building and the parking lot — that’s a lot of concrete and asphalt [where] the water is used to being absorbed by [undeveloped ground], and now it can’t.” 

In another south Charlotte neighborhood, resident Matthew Orlousky left his home once the rain subsided last week and saw flooding near a proposed development across from Charlotte Latin School on Providence Road, south of Kuykendall Road. Developer C Investments 2 is seeking a rezoning to build a mix of market-rate apartments and affordable housing apartments on the 14-acre site. 

Orlousky said that after last week’s rain, piles of dirt and sediment were left in the streets surrounding the site as stormwater runoff crossed the street to the creek. 

“[The site] is elevated above most of the other things that are here, going down into a creek bed and crossing the street to do so,” Orlousky said. “It is concerning.”

Orlousky said he and his neighbors brought up stormwater runoff and flooding at a community meeting about the rezoning petition. He said it’s critical that both developers and decision makers know that it's a huge issue for the area.

“We want to make sure the city fully grasps the entirety of this,” Orlousky said,” and just because they’re being sold a product by the developer that, ‘Oh, this won’t be a problem,’ that [the city is] also doing a very comprehensive analysis of it.”

Lindsey Banks is a staff reporter for The Ledger: lindsey@cltledger.com

Action Item - Email Charlotte's Mayor, Council Members and Zoning Committee Members

We are again less than 30 days until Charlotte City Council meets to hear formal comments on the Rea Road Gillespie Property Rezoning Request.

It would be very helpful if we all email Council, Mayor Lyles and the Zoning Committee prior to that meeting.

Please let them know your objections to the Gillespie Rea Road Rezoning Petition in your own words or use the sample email below.

The updated list of Charlotte City Council Members:

Dante.Anderson@charlottenc.gov

Dimple.Ajmera@charlottenc.gov

Ed.Driggs@charlottenc.gov

James.Mitchell@charlottenc.gov

LaWana.Mayfield@charlottenc.gov

Malcolm.Graham@charlottenc.gov

Marjorie.Molina@charlottenc.gov

Renee.Johnson@charlottenc.gov

tariq.bokhari@charlottenc.gov

tiawana.brown@charlottenc.gov

Victoria.Watlington@charlottenc.gov

Charlotte Mayor

Viola.Lyles@charlottenc.gov

Zoning Committee Members

Douglas Welton, Chairperson - douglas_welton@einsteinslegacy.com

Terry Lansdell - lansdell.tl@gmail.com

Shana Neeley - shneeley@yahoo.com

Will Russell - russellclt704@gmail.com

Clayton Sealey - cltdevelopment1775@gmail.com

Rebekah Whilden - rebekah.whilden@gmail.com

Mayor and City Council Rezoning Sample Letter:

Subject: Rea Road Gillespie Property Rezoning RZP 2022-121

Council Member:

More than 18,000 people have signed a petition in opposition to this rezoning request.

We in south Charlotte are all very aware of the need for additional housing as Charlotte grows. However, this project offers nothing in the way of affordable or work force housing and does nothing to correct the limited supply of homes (new or existing) on the market. Because it is being developed as "luxury rental apartments".

• Charlotte’s population and traffic has grown dramatically during the last decade as have the demands for City/County Services. Unfortunately, the ability to provide these services has not kept pace with the growth. In short this area of Charlotte does not have the infrastructure to accommodate 640 additional rental units and the resulting traffic as well as unforeseen costs to the city and taxpayers.

• Charlotte property owners have the reasonable expectation that the continuity of their neighborhoods will remain unchanged, and that property zoned NA-1 single family detached (Formerly R-3) will remain zoned single family and not abruptly become a towering multifamily rental complex which is not in keeping with the character or continuity of the area.

• The wildlife in this area includes beavers, coyotes, an abundance of deer, racoons, opossums, hawks, owls large and small, and a nesting pair of American Bald Eagles who have adapted to the incursion of suburbia admirably. We as citizens have a duty to actively preserve, protect, and conserve our natural resources.

I urge you to VOTE NO on the Rea Road Gillespie Property Rezoning Request RZP 2022-121.

Sincerely,

(Your Name)

(Your Address)

(Your Phone Number)

Zoning Committee Sample Letter:

Good Morning:

You have likely received RZP2022-121 for consideration. I urge you to examine this proposal critically as it in no way conforms to the UDO in density, continuity, affordability, or tree canopy preservation. In addition it burdens traffic, overwhelms schools and current infrastructure, and threatens Four Mile Creek with additional flooding.

The property was already rezoned via the UDO.

There has been incredible pushback by citizens necessitating an additional Community Meeting, and a petition for denial is circulating with more than 18,000 signatures.

To date, the Petitioner has made zero effort to compromise with those locally affected beyond the initial reduction to 640 units. There are 1,192 apartment units within walking distance of the property. The area is currently well housing diversified.

Sure there is significant financial benefit to the City, the Developer and the Owner…but at what cost to Charlotte’s infrastructure, neighborhoods, and environment?

Please suggest that Council deny this petition.

Sincerely,

(Your Name)

(Your Address)

(Your Phone Number)

Alternative Sample Mayor and Council Letter:

Good Morning:

I just wanted to let you know of my opposition to the RK Investors Charlotte, LLC (Rezoning Petition 2022-121) also known as the Gillespie Rea Road Property.

RK Investors Charlotte, LLC has requested to change the zoning from the current single family (R-3) zoning to accommodate the development of multi-family dwelling units,allowing for the construction of more than 640 rental units and towering five story apartment buildings. 

As you may know the 2040 Plan has designated this property as "Neighborhood 1" (Neighborhood 1 places are the lower density housing areas across Charlotte, where most of the city’s residents live, primarily in single-family or small multi-family homes or ADUs.) and I feel it should remain as such and unchanged.

I encourage you to vote against the rezoning petition.

Sincerely,

(Your Name)

(Your Address)

(Your Phone Number)

Damaged sewage pipe in south Charlotte causes near 4,400 gallon overflow, officials say

At first look it seemed like an ordinary sewage spill. Bad smell was the first clue something was wrong, and upon closer inspection oops someone better call the city. No harm - no foul, right?

From the Charlotte Observer:

Crews responded to a wastewater overflow in south Charlotte that caused an estimate 4,440 gallons of sewage to reach the Four Mile Creek, officials said. The overflow happened on Saturday in the 4700 block of Andrews Links Street, according to a release from Charlotte Water. A large rock fell on a wastewater pipe near the creek and caused the overflow. Four Mile Creek is in the Catawba River Watershed. 

But wait where did they say the sewage went? Four Mile Creek says the City of Charlotte.  But that's not exactly true.

Unfortunately the flow of sewage doesn't go directly to Four Mile Creek, it goes straight into the TPC Piper Glen Mitchell Pond Number Six. Which is the home to a nesting pair of protected American Bald Eagles. 

Both Eagles use the pond as a primary food source. They are also currently incubating two possibly three eggs due to hatch sometime next month.

The spill is large enough to create concern not only for the health of the eagles but for the fish and waterfowl that call the Mitchell Pond home.

Jaime Daniell for North Carolina State Senate

Those of you who have signed our “in person” VOTE NO petition on the Four Mile Creek Greenway may have met Jaime helping us tell neighbors why the Gillespie 53-acre forest is important to South Charlotte’s wildlife and residents alike.

Jaime has also been kind enough to allow our photographers to capture pictures of our Bald Eagles, Glen and Piper, from her backyard.

She’s a mom, a business owner and most importantly a Charlotte resident “who gets it done!”

One of our concerns about the Rea Road Gillespie Property Re-Zoning Request is the burden of additional traffic. Adding another 4,000 cars to Rea Road every day would be unbearable.

“Like you, I hate Charlotte traffic. We have to continue investing in roads and other transportation projects to relieve congestion, improve safety, and take the shackles off our economy. I will make sure Mecklenburg County gets its fair share of state transportation dollars.” – Jaime Daniell

We encourage everyone to VOTE in the upcoming Primary Election on Tuesday March 5, 2024 and hope you will consider Jaime Daniell for NC State Senate District 42. 

Jaime Daniell NC State Senate

Rea Road Gillespie Property Flooding January 9, 2024

The photos below are from the Tuesday January 9th rainfall. This location is on the Elm Lane or western side of the Gillespie Property.  At the location there is normally a slow trickle of runoff stormwater the comes from the southern half of the Gillespie Property and travels under Elm Lane via a 36 inch concrete pipe which empties into the Pooh's Corner marsh area. 

(We thank Mr. Garland Green for his photos above.)

On the east side of the Gillespie Property once the water in Four Mile Creek reached maximum capacity early during the rainstorm the water in Four Mile Creek started to flow backwards. Within just a few hours the water had pushed up the No. 11 fairway and over ran the clean pristine water of the small pond on the left side of the fairway. 

Above the view of the small pond on TPC Piper Glen No. 11 Fairway during the early fall. This pond is a frequent "fishing hole" for Heron, Egrets and our Eagles Glen and Piper. (Photos Courtesy of Steve and Carol)

 

In Charlotte We Get Rain

Sometimes we go for weeks without rain, and sometimes we get a lot during back-to-back rainy days.

This past Saturday, we saw over an inch of rain. Then on Tuesday we saw 3.43 inches of rain in about 12 hours. The results were impressive or troubling depending on your perspective. 

Flooding was Everywhere

Yes, in Charlotte we normally see more rain than Seattle which averages around 38 inches annually. 

The difference is over in the home of Starbucks it comes at a slow nearly constant drip and in the Queen City it comes in random downpours.

In the last 365 days our Rea Road neighborhoods saw a total rainfall amount of 52.49 inches.

Which is why future development needs to be carefully thought out and more and denser is not always better.

During the last two decades Charlotte’s growth and impervious surface areas have expanded dramatically. This has created flood zones and areas prone to flooding that did not exist years ago.

In fact, the greatest concentration of FEMA Floodplains and Floodways in Mecklenburg County are located in South Charlotte.

FEMA Floodplain and Wetlands surround the Gillespie Property on 3 sides.

When developers are allowed to clear cut trees and reengineer the topography without regard for the surrounding terrain, we end up with stunning changes in flood flow.

Below is the stormwater flow off the Gillespie Property during the rainstorm on Tuesday January 9^th.

Photo Courtesy of Garland Green

Photo Courtesy of Garland Green

Photo Courtesy of Garland Green

Thankfully the thick stand of mature trees on the property absorbed much of the rainfall, still the amount of rain overwhelmed Elm Lane.

Trees Prevent Flooding and Erosion

The Rea Road Gillespie Property developer has stated that there would be a possible 30% tree save on the 53-acre site. At first glance this seems reasonable since the city requires only a 10% tree save. In fact, the developer says this is more than generous.

However, this is pretty disingenuous, since 30% of the property consists of FEMA Floodplain and pond. In fact, exactly 15.9 acres of the 53 site or 30% of the property is unbuildable pond and FEMA Floodplain.

If the project, as proposed, is approved the developer would remove the remaining 70% of the native forested area and replace it with 37 acres of mostly impervious surface creating somewhere in the amount of 1 million gallons of run off every time it rains 1 inch. In other words, adding 1 million gallons to what you see in the above photos.

And so consider this: Over the twelve months ending December 31, 2023, Four Mile Creek reached ten feet, that is just short of the USGS Flood Stage, ten times.

 

But back in 2010 that same 10-foot mark was reached only 4 times. Between 2000 and 2015 the average is only 3 times a year. 

 

But in each of the last five years, that same ten-foot mark has been reached or surpassed at least ten times. Twelve times in 2020.

But in the decades prior, that ten feet mark was a rare event and flood stage even rarer. Today that once every 100 years FEMA flood mark, is reached every year.

 

It's Not Just Water

It is not just about the flooding and the water; it is about what is in the water (chemicals; petroleum products, pesticides, wastewater) and most importantly where it ends up. More than half the Gillespie property drains to the southwest and directly into the area known as “Pooh’s Corner”.  This small area is a pristine natural wetland that is home to endless varieties of wildlife.

Replacing the forested property with a massive apartment complex will destroy the fragile balance of nature's wetland habitat.

In the past developers could build whatever and wherever with little concern about the consequences. Now as the city grows internally, leaders, and developers need to be aware that their density staurating and infill development policies create tremendous strains on our environment and sometimes just saying NO is the best choice. 

 

The fate of plans for 3,900+ homes on 6 key sites looms in front of the Charlotte City Council; the latest on where things stand

 

Site plan for the controversial Gillespie rezoning in Piper Glen (left); map of The Ledger’s selections of the six hottest rezoning sites, with three close to the Providence Road corridor

by Tony Mecia

Nothing stirs the passions of Charlotte homeowners quite like the possibility of apartments down the street — and 2024 is shaping up to be a year of passionate debates over development plans.

As we enter the new year, there are a handful of big decisions looming in Charlotte over developers’ proposals that will determine the fate of a combined 3,900+ housing units around the city. Many of the disagreements hit on the familiar tension between the city’s need to build more housing and residents’ concerns over traffic, school crowding and open space.

We talked with Charlotte development insiders to compile this list of 6 key rezonings that will be coming up in 2024 and that will be blockbusters because of the level of opposition or because of their significance to the city. The City Council is expected to decide on these in the next few months.

Enjoy:

1) 640 homes in Piper Glen

• Location: Piper Glen/Ballantyne; 53 acres at 9621 Elm Lane, between Elm and Rea Road
• Proposal: RK Investments is proposing up to 640 homes on wooded land near the Four Mile Creek Greenway known as the Gillespie property — a mix of 500 apartments and 140 single-family houses and townhomes. The developer initially proposed 1,100 housing units but dropped the number after opposition.
• Opposition: Neighbors have an online petition with more than 18,000 signatures opposing the rezoning. They say they worry about traffic and also cite environmental concerns, pointing out that two eagles live nearby. At a heated community meeting in September, some residents called out City Council member Ed Driggs to his face for taking contributions from developers. (Driggs replied: “I’m a moral person, and I can’t be bought.”)
• What’s next: Public hearing scheduled for February
• Ledger intrigue rating: 

2) 917 homes + middle school near Rea Farms

• Location: Rea Farms area in south Charlotte; 125 acres at 11315 Tom Short Road, west of Providence Road and south of I-485
• Proposal: Childress Klein and Charlotte-Mecklenburg Schools are proposing 917 homes — 682 apartments, 211 townhomes and 24 single-family houses — plus a new middle school on land known as the “Cato property” that’s now woods and open space. A lawyer for the developer told residents it will be a “really high-quality community” within walking distance to commercial areas and to the school.
• Opposition: At a community meeting last month, residents in the nearby Stone Creek Ranch neighborhood said they worried about the effect the new homes would have on traffic and stormwater runoff, and some criticized the apartments as being out-of-step with surrounding single-family neighborhoods. An online petition has about 2,000 signatures from residents opposed to the rezoning.
• What’s next: Public hearing expected in February or March, at the earliest.
• Ledger intrigue rating: 

3) 500+ apartments across from Charlotte Latin School

• Location: Providence Road corridor in south Charlotte; 14 acres at 9631 Providence Road, south of Kuykendall Road, across Providence from Charlotte Latin School
• Proposal: Developer C Investments 2 has assembled 7 parcels and is proposing a mix of market-rate apartments and affordable housing apartments. The numbers could change, but at a revealing online community meeting, the lawyer for the developer estimated it would be 425 market-rate apartments and 120 affordable apartment units in partnership with DreamKey Partners, in a four- to five-story building.
• Opposition: According to the community meeting notes, nearby residents expressed concerns about the effects on traffic and tree preservation. Some also said the development wouldn’t fit in: “Several attendees stated that they believed a 4-5 story building does not meet the character or charm of the neighborhood,” according to the developer’s written account of the meeting.
• What’s next: Public hearing expected by this spring.
• Ledger intrigue rating:  as of now; has been under-the-radar — could be upgraded to 

4) 1,500 homes + grocery store + office/retail along Providence Road

• Location: Both sides of Providence Road near the intersection with Old Providence Road; total of 115 acres
• Proposal: Three developers — Levine Properties, Northwood Ravin and Horizon Properties — have coordinated three rezoning petitions that they say would lead to the revitalization of an area that is decades old. When it was announced a year ago, developers said it would include a mix of housing types totaling more than 1,500 homes, including 225 affordable/workplace housing units. Developers have not announced the identity of the grocery store. The site encompasses the Crest on Providence apartments, the Gladedale apartments and the Providence Square Shopping Center
• Opposition: Any opposition has been mostly muted so far. Some of the residents who would be displaced by having their 50+-year-old apartments redeveloped say they support the move, while others have said they wish they could stay.
• What’s next: Public hearing expected in March or April at the earliest.
• Ledger intrigue rating: 

5) 350 apartments in Steele Creek

• Location: Steele Creek; 20 acres at 13607 Choate Circle, south of South Tryon Street, and east of Rivergate Parkway.
• Proposal: Toll Brothers Apartment Living is proposing 350 apartments in four buildings, including one of up to 50 feet. It had originally proposed 375 units. It would include a half-acre public dog park. The land is currently home to the Piedmont Kennel Club, which says it’s in an old building and wants to sell.
• Opposition: At a public hearing in August, one nearby resident said her main objection was “crimes from the apartment complex flowing into our neighborhood.” She also said owls live on the property. A youth sports association says it worries about the proposed development’s effect on adjacent ballfields.
• Next steps: Council decision tentatively scheduled for Tuesday.
• Ledger intrigue rating: 

6) Redevelopment of South End Business Park

• Location: South End Business Park, near Clanton Road between I-77 and South Tryon Street
• Proposal: Ram Realty Advisors has submitted a rezoning petition to allow the redevelopment of the South End Business Park with a mixed-use development. The rezoning offers few specifics and would allow for a mix of residential, office and retail, with a maximum height of 180 feet. At a meeting in July, the developer said the first phase would likely include multifamily residential, retail and open space to create “a loved place from day one,” according to an account of the meeting filed with the city. Office and hotel wouldn’t be in the first phase “given the economic market today.”
• Opposition: No apparent opposition.
• What’s next: Public hearing anticipated in February.
• Ledger intrigue rating: 

BONUS 7th REZONING: Wells Fargo sign

• Location: 550 South Tryon building (former Duke Energy Center building)
• Proposal: OK this one isn’t really development, but it’s interesting: Wells Fargo submitted a rezoning petition that would allow signs on the handle-bar-shaped top of the building.
• Opposition: No formal opposition; a few snarky comments on social media at the time. It’s hard to imagine given the flurry of signs on uptown buildings that this wouldn’t go through.
• What’s next: Public hearing sometime this year