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C. SCOTT LEONARD PLANNING DIRECTOR
R. LEE CROOK, JR. ZON ING ADMINISTRATOR
DAVIDSON COUNTY PLANNING DEPARTMENT GOVERNMENTAL CENTER 913 GREENSBORO STREET
POST OFFICE BOX 1067 LEX INGTON, NORTH CAROLINA 27293-1067
TO: FROM:
Planning Board Members Scott Leonard
SUBJECT: DATE:
Next Planning Board Meeting March 30, 2021
LEXINGTON 336-242-2220
The next meeting of the Planning Board will be Tuesday, April 6, 2021 at 6:00pm. The only item we have on the Agenda is a rezoning request from Davidson Lane Development. The Board will remember this property from last March when the applicant requested an MX-R rezoning in order to develop the property for a residential subdivision. The Planning Board voted to approve that request, but it was ultimately denied by the Board of Commissioners. Now, the applicant is back requesting the property be rezoned to HI, Heavy Industrial, in an attempt to develop the property as a small industrial park.
The Hubbard Realty property known as Coble Farm has been delayed another two weeks for further discussions, therefore we anticipate the Board hearing that request in May. If you have any questions regarding next week's meeting, please feel free to contact the staff. See you all next week.
SL/SRW
"PLANNING FOR A BETTER TOMORROW"
DAVIDSON COUNTY PLANNING BOARD AGENDA
APRIL 6, 2021 6:00PM
I. Welcome by the Chairman
II. Adoption of the Agenda
III. Public Address
IV. Approval of Planning Board Minutes
A. March 2nd, 2021
V. Rezoning Requests
A. Davidson Land Development, LLC- RA-3 to HI- Lexington Township
VI. Adjournment
Persons with disabilities who may need special accommodations to participate in this meeting should notify the County Manager's office at 336-242-2200 at least twenty-four hours plior to the start of the meeting.
COMMISSIONERS MEETING ROOM DAVIDSON COUNTY GOVERNMENTAL CENTER
913 GREENSBORO STREET, LEXINGTON, NORTH CAROLINA
DRAFT 3/2/2021
DAVIDSON COUNTY PLANNING BOARD MINUTES
for March 2, 2021, 6:00pm
Members Present: Chairman Steve Long, Vice Chairman Greg Greene, Ted Myers, Joe Hayworth, Rayne Brown, Jim Myers, Wesley Kimbrell
Staff Present: Scott Leonard, Lee Crook, Josh Tussey, Stephanie Wilson, Sr. Assistant County Attorney Mike Newby
Others Present: James Bradley Grimsley, Harrilyn Grimsley, Lee Riddle, Jesse Day
I.
II.
Ill.
WELCOME/ADOPTION OF THE AGENDA
Mr. Crook notified the Board of an additional item on the agenda, Item V.- Final Plat Review of the Lenalen Ridge Subdivision in the Reedy Creek Township, moving the Discussion to item VI. Ted Myers made a motion to adopt the amended agenda. Joe Hayworth seconded the motion which was supported with a vote of 5-0.
PUBLIC ADDRESS
There was no response.
APPROVAL OF PLANNING BOARD MINUTES
A. February 16, 2021 Planning Board Minutes
Joe Hayworth made the motion to approve the minutes for the February 16, 2021 Planning Board meeting as presented. The motion was seconded by Vice Chairman Greg Greene and passed with a vote of 5-0.
IV. REZONING REQUEST
A. Brad & Harrilyn Grimsley- LI to RA-3- Conrad Hill Township
Legal Description:
"Request by James Bradley and Harrilyn Praetor Grimsley to rezone property located in Conrad Hill Township, Tax Map 8, Lot 87A containing 6.49 acres more or less. Property is located to the south af Carter Road approximately 1,600 feet west af the Cunningham Road intersection, directly behind the property addressed as 545 Carter Raad. Rezoning is requested to change from that of LI, Limited Industrial District, to that of RA-3, Rural Agricultural District."
Zoning Officer, Josh Tussey, reported the site owned by the Grimsley's used to be part of an adjoining property, lot 87, located at 456 Embler Cemetery Road which was used as a lumber yard many years ago. Mr. & Mrs. Grimsley purchased the land in 2017 and now want to use it as a
V.
pasture for their cows. The requested Rural Agricultural Zoning District would better fit their needs than the current zoning of Limited Industrial. All of the surrounding properties are zoned RA-3 with the exception of lot 87 which is still zoned LI.
James Bradley Grimsley and Harrilyn Proctor Grimsley came before the Board to talk for a moment about their plans. After a brief discussion, Chairman Long asked if there were anyone present who wished to speak in opposition. There was no response, therefore Mr. Crook read the Staff Analysis and Recommendation for the record:
"The subject property wos successfully rezoned to LI, limited lndustriol district by Donald L. Kay on July 15, 1976. Mr. Kay owned 9.36 acres that included the applicants 6.49 acres of property that fronted on Embler Cemetery Road. Once rezoned the property functioned as a lumber mill for a period of time. The applicants purchased said property and now want to change the zoning back to RA-3 to conduct farming activities. Said Property is located in an area that is recognized by the Davidson County Land Development Plan to promote residential growth and agricultural uses. With a trend in Davidson County where large tracts of agricultural farmland are being developed the preservation of property for agricultural uses is a we/came change. Policy Statements 10.1, 10.2 and 10.3 support this zoning amendment. Staff feels that the applicant's request is reasonable and consistent with the County's adopted plan and would recommend approval af the rezoning request."
A motion was made by Vice Chairman Greg Greene to recommend approval of the request to the Commissioners, which was seconded by Rayne Brown. By a vote of 5-0 the motion passed.
This item is scheduled for public hearing on March 23, 2021 at 6pm in the Commissioners' Meeting room.
SUBDIVISION
A. Lenalen Ridge- Final Plat Approval- Reedy Creek Township
Mr. Leonard presented the final plat for Lenalen Ridge to the Board for the members to review while he spoke about the progress made within the development. The subdivision consists of 15 lots which all, except one, met the minimum dimensional requirements. Mr. Leonard reminded the Board they previously allowed a variance to Lot 15 which did not meet the minimum depth requirement due to its position at the end of an existing road.
The Health Department had reported lots 1-15 were suitable for septic systems. An engineer's certification for the waterline design and construction testing was provided by Jim Walters. The roads have also been certified to meet the NCDOT standards. Mr. Leonard was pleased with the information provided by the developer, Lee Riddle, and stated it was a very thorough, well thought out development that meets the requirements within the Subdivision Ordinance.
Mr. Leonard took pictures of the site the previous day which he presented to the Board. The pictures showed the development being complete and ready for construction. The shoulders of the roads have been sewn and seeded with grass and all of the utilities and infrastructure are in place. He then indicated on the map where the floodplain associated with the site was located.
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Mr. Riddle came before the Board and spoke about the septic fields for a moment.
With no further questions, Ted Myers made the motion to approve the final plat for the development. Vice Chairman Greg Greene seconded the motion, which passed with a vote of SO.
VI. DISCUSSION ON FURTURE TEXT AMENDMENTS TO THE ZONING ORDINANCE
VII.
Jesse Day, the Planning Department's consultant with Piedmont Triad Reginal Council, was present to continue discussion about updates to the Zoning Ordinance. The two topics of discussion were Sign Regulations and Wireless Telecommunications Towers.
Section 6.05 of the Davidson County Zoning Ordinance explains the current regulations for signage (see attached). Staff feels updating the Sign Regulations may be reasonable in order to regulate how many signs would be allowed at a shopping center based on linear footage of individual store fronts verses how much road frontage there is, and to not limit one location to a maximum of ten (10) signs, as there may be more than ten (10) tenants/businesses within one shopping center.
The following item for discussion was whether or not there should be any updating to the regulations pertaining to Wireless Telecommunication Towers. These regulations can be found in Section 5.08, (M) & (N) of the Davidson County Zoning Ordinance (see attached).
There was a lengthy conversation about what types of alterations, additions and deletions to the current regulations would better serve the County as a whole.
ADJOURNMENT
With no further discussion the Planning Board meeting was adjourned.
Agent to the Board of Commissioners Secretary to the Planning Board
Chairman of Davidson County Planning Board
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Attachments:
Section 6.0S
(A) Intent
STANDARDS FOR SIGNAGE
It is the general intent of this section to prohibit signs of a commercial nature in districts in which commerce is barred; to limit signs in the commercial districts in relation to the intensity of the use of the district and its surroundings; and to control the number, area and location or signs in other districts.
(B) Signs Subject to Control
All signs visible from the public right-of-way shall be erected, maintained, and operated in accordance with this Ordinance and other relevant controls; unless specifically excepted.
(C) Zoning Permit Required
Before any sign is erected or structurally altered, a Zoning Permit must be obtained, except those specifically exempted from the requirements of this section.
(D) Exceptions; Signs Not Subject to Control
The following signs are exempt from control, provided the signs comply with (E), (F) and (G) below:
1) Non-illuminated signs not exceeding two (2) per lot and two (2) square feet per face, not of a commercial nature and bearing only property identification numbers and names or post office box numbers and names of occupants of the premises.
2) Flags and insignia of any government.
3) Legal notices, identification and informational signs and traffic directional signs erected by or on behalf of a governmental body.
4) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
5) Signs directing and guiding traffic on private property, not exceeding four (4) square feet per face, and bearing no advertising.
6) Signs not exceeding sixteen (16) square feet per face and limited to two (2) single-faced signs or one double-faced sign at each point of egress, giving the name of residential subdivisions, multiple family housing developments, or manufactured housing park.
7) Internally lighted or unlighted church bulletin boards and identification signs, not exceeding one per abutting street and fifty (50) square feet in area per face.
8) Signs not exceeding sixteen (16) square feet in area per face advertising seasonal agricultural products.
9) Unlighted directional signs of non-profit organizations not exceeding six (6) square feet in area per face.
10) Signs of religious, charitable, civic, fraternal, political, or similar organizations, or of candidates for political office; such sign shall not exceed thirty-two (32) square feet in area per face.
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11) Community civic association signs identifying the community, not exceeding eighteen (18) square feet in area per face.
12) Historical markers erected or placed by a bona fide historical association or by a governmental agency.
(E) Temporary Signs
The following temporary, unlighted signs may be erected in the manner prescribed without the issuance of a Zoning Compliance Permit:
1) Real estate signs. For lots of less than five (5) acres, a single sign on each street frontage may be erected. It shall not exceed 32 square feet in area per face, and may contain the message that the property is for sale, lease or rent and the name, address and phone number of the agent. Such signs shall be removed immediately following the sale, lease or rental of the property.
2) For lots of five (5) acres or more having a street frontage in excess of 400 feet, a second sign not exceeding 32 square feet in area per face may be permitted.
3) Construction sign. A single construction site identification sign shall be permitted. It shall not exceed 32 square feet in area per face, and may contain in its message identification of the project, its owner and/or developer, architect, engineer, land planner, landscape architect, contractor and subcontractors. Such signs shall not be erected prior to issuance of a Building Permit and shall be removed within seven days of issuance of the Certificate ot Occupancy.
4) Banners. Banners of up to 32 square feet in size may be displayed for up to thirty {30) days.
5) Special Event Signs. Signs of up to 32 square feet in size advertising a special event may be displayed on the site for no more than thirty {30) days prior to the event. The signs shall be removed no less than seven (7) days following the event.
6) Portable changeable copy signs.
(F) Traffic Safety Precautions
Notwithstanding any other provisions in this Ordinance, the following practices in relation to signs are prohibited to insure the safety of pedestrian and vehicular movement.
1) No sign shall be erected within the public right-of-way.
2) No sign shall be erected so that any part of it intrudes into the sight preservation triangle established by Section 4-9.
3) No sign shall use such words as 11stop11,
11slow11, ucaution", "danger", or similar admonitions which
can be confused with traffic directional signs erected by governmental agencies.
4) No sign shall be erected so that, by its location, color, nature or message, it would tend to be confused with or obstruct the view of traffic signals or signs or would tend to be confused with the warning lights of an emergency or public safety vehicle.
S) Electronic Changeable Face signs must continuously show one message for a minimum of five (5) seconds. Electronic Changeable Face signs shall not dim, flash, fade, or scroll messages; it shall have no moving, rotating, or flashing elements; no animation, video, audio pyrotechnic components, or similar technology.
6) Electronic Changeable Face signs must continuously show one message a minimum of five (5) seconds in time before changing to another message; shall not be programmed to flash, blink or
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(G)
fluctuate the intensity of lights or to operate intermittently so as to create a strobe effect. In no case shall the sign operate in any way that could cause it to be confused for any traffic safety device or public safety vehicle.
Direct Illumination: Streamers and Flashing Lights
1) No source of illumination for a sign shall be directly visible from any public right-of-way, any residential district or adjacent property.
2) Devices consisting of banners, streamers, pennants, windblown propellers, strung light bulbs, and similar installations are not permitted.
3) Animated, rotating, or other moving or apparently moving installations are prohibited.
4) Except as used to display time and temperature, no permanent or temporary sign shall contain flashing lights.
(H) Prohibited Locations
All signs, including the supports, frames and embellishments, shall not be located within any public right-of-way.
(I) On-Site Signs. Residential Districts
The following signs may be erected in the RA-1, RA-2, RA-3, RS, RM-1, and RM-2 districts in the manner described upon issuance of a Zoning Permit.
(J)
1) No more than two, externally illuminated or non-illuminated identification signs having not more than two (2) sign surface areas, each limited to twenty-four (24) square feet, excluding the structure upon which the sign is affixed, and containing the name of a residential subdivision, multiple family housing development, or manufactured housing park may be erected at each point of access to such development. Amended: 8-3-15
2) A single, non-illuminated wall sign not exceeding three (3) square feet in area and containing the
name of a home occupation may be erected on the lot on which such home occupation is located.
3) A single non-illuminated or internally illuminated identification sign having not more than two (2) sign surface areas, each limited to twenty-four (24) square feet and containing the name of the non-residential use permitted in a residential district may be erected on the lot on which such use is located.
On-site Signs. Non-Residential Districts
Signs meeting the follow limitations may be erected in the RC, CS, 0/1, LI, HI, MX-R, MX-C, and PEC Districts upon issuance of a Zoning Permit, in the manner described in the table below:
1) Building frontage shall be measured at the front building line.
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ON-SITE, NON-RESIDENTIAL SIGNS
Zoning District Permitted Sign Area Permitted Number of Signs
RC 2 square feet per linear 2 per establishment; building frontage maximum of6
cs 3 square feet per linear 1 per establishment; building frontage maximum of 10
0/1 1 square foot per linear 1 per establishment building frontage
HC 2 square feet per linear lot 3 per establishment; frontage maximum of 10
LI and HI 3 square feet per linear 2 per establishment; building frontage maximum of 5
300 square foot maximum
MX-R 3 square feet per linear 1 per establishment;
Commercial Uses building frontage maximum of 10
MX-C 2 square feet per linear lot 3 per establishment;
Commercial Uses frontage maximum of 10
PEC 1 square foot per linear 2 per establishment building frontage
(K) Outdoor Advertising Signs
(L)
1) Outdoor advertising signs, where allowed as a permitted principal use, shall be limited to a maximum area of 400 square feet per sign.
2) Outdoor advertising signs shall be limited in placement to parcels adjacent to NC, US and Interstate routes.
3) There shall be a minimum radius between any two outdoor advertising signs of 500 linear feet. No two signs shall be spaced less than 300 feet apart.
4) Where erected, outdoor advertising signs shall not be located within 100 feet or any residentially zoned property.
5) The land lease for an outdoor advertising sign must be at least .25 acres.
6) The sign must meet the setback requirements of the zoning district within which it is located.
Height.
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1) Signs shall be limited to thirty-five (35) feet in height.
2) Signs located along interstate highways may not exceed fifty (50) feet in height unless the conditions for additional height are met as described in Section 4.13 of this Ordinance.
Section S.08 REQUIREMENTS FOR INDIVIDUAL SPECIAL USES
(M) Wireless Telecommunication Towers and Facilities. Greater Than 160 Feet, Amended 11-2-2015
Special Use Districts:
Approved by:
Minimum Lot Size:
Submittals:
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CS, HC, LI, HI; MX-R, MX-C, PEC
Governing Body
.25 acres
1. Site Development Plan prepared by a North Carolina Registered Land Surveyor, Registered Landscape Architect, or Registered professional engineer, containing the following information:
• Location and size of existing and proposed structures.
• Applicants' name and property owners' name and their addresses
• scale
• north arrow
• vicinity map
• tax parcel identification number
• latitude and longitude
• Towers state plane coordinates
• Adequate ground space for additional users.
• Existing and proposed topography at a contour interval of five feet.
• Any officially designated floodways and floodplains.
• The location of access easements and parking areas.
2. Plans, elevations, and perspectives for all proposed structures and descriptions of the color and nature of all exterior materials.
3. A landscape plan showing, at the same scale as the site plan, Existing trees, plus shrubs, ground cover and other landscape materials.
4. Documentation that no suitable existing facilities within the coverage area are available to the applicant. Documentation may be in the form of maps, letters from adjacent tower owners, or calculations. Facilities include other towers, elevated tanks, or other structures.
Standards:
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5. Documentation indicating the intent to allow shared use of the tower, the number of shared users allowed, and how other potential users shall be accommodated. Documentation shall be submitted by a professional engineer that the tower has sufficient structural integrity to accommodate the required number of users.
6. Photographs of a clearly-visible balloon floated at the proposed tower location to the maximum height of the tower to demonstrate the potential visual impact a proposed tower may have on surrounding properties in a RA-1, RA-2, RA-3, or 0/1 zoning districts.
Photographs shall be taken from locations such as: property lines, nearby residential areas, historic sites, roadways, and other locations as deemed necessary by the Zoning Administrator to assess the visual impact.
7. Documentation indicating the power density levels do not exceed federally approved levels, or American National Standards Institute (ANSI) standards, whichever provides for stricter requirements.
A. Fencing shall be provided at the base of the tower, including but not limited to equipment and/or storage structures, along with any guyed wires shall be enclosed by a commercial grade chain link fence (or some fence of equal or greater quality) a minimum of eight (8) feet in height.
B. Screening applies to the tower and everything within the required security fencing, including buildings and equipment. The vegetative screen shall consist of two staggered rows of evergreen shrubs within a ten (10) foot planting yard on five (5) foot centers, six (6) feet tall at time of planting. Exceptions may be granted if existing vegetation or topography is determined to provide a screen which is at least as effective as the required plantings.
C. If the applicant elects to leave additional areas outside the fence in addition to the required screen, such areas shall either be landscaped in a manner which is compatible with neighboring properties or shall be left in a natural condition.
D. Screening may be modified by the Governing Body if it is determined that the required screening will limit the capability of the proposed tower.
E. Tower must meet required setbacks as described in Section 4.13 of this Ordinance unless deviation in height limits is requested.
F. The tower shall be designed to accommodate at least three cellular telephone carriers.
G. No free standing or guyed tower may be constructed closer than the towers height from any public right-of-way.
J. No towers shall be constructed in a designated historic district or on property on which a designated historic landmark is located. In addition,
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towers shall not be constructed within 350 feet of a designated historic district or an historic landmark.
For purposes of this paragraph, the term "historic" shall refer to districts or landmarks which have been nominated to the National Register of Historic Places.
K. No business signs, billboard, or other advertising shall be installed on the tower or security fencing with the exception of an identification sign no larger than 2 (two) square feet.
L. No outside storage shall be allowed on site.
M. If the Wireless Telecommunication Towers and Facilities are no longer used for communication purposes, then the tower and accessory structures shall be dismantled and removed from the site within 120 days from the date the tower is taken out of service at the expense of the tower owner.
N. Notice shall be provided to the Zoning Administrator when any transmission tower is placed out of service. This Special Use Permit expires 120 days after the date that any transmission tower is taken out of service.
0. Co-location on a previously approved tower is permitted without an additional S[lPrial use rermit provided all conditions of the rreviously approved permit are complied with.
P. Towers shall be constructed and maintained in conformance with all applicable State and Federal building code requirements.
Q. Lighting shall not exceed the Federal Aviation Administration (FAA) minimum if required by the FAA. To the extent allowed by the FAA, strobes shall not be used for night time lighting. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements.
R. Prior to issuance of a building permit, documentation must be submitted by the tower owner from the FAA that the lighting is the minimum lighting required by the FAA.
S. Radio or television or similar reception for adjoining property will not be disturbed or diminished.
T. Certification of Applicant that the proposed tower will be constructed and operated in accordance with all Ordinances, including but not limited to all FCC and FAA rules and guidelines.
U. Evidence shall be submitted to support a finding that no suitable existing facilities within the coverage areas are available for co-location.
(N) Wireless Telecommunication Towers and Facilities, Up to 160 Feet. Amended: 2-5-98
Special Use Districts:
Approved by:
Minimum Lot Size:
Submittals:
Standards:
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RA-1, RA-2, RA-3, 0/1
Governing Body
.25 acres
1. Site Development Plan; prepared by a North Carolina Registered Land Surveyor, Registered Landscape Architect, or Registered professional engineer, containing the following information:
• Location and size of existing and proposed structures.
• Applicants' name and property owners' name and their addresses
• scale
• north arrow
• vicinity map
• tax parcel identification number
• latitude and longitude
• Towers state plane coordinates
• Adequate ground space for additional users.
• Existing and proposed topography at a contour interval offive (5) feet.
• Any officially designated floodways and floodplains.
• The location of access easements and parking areas.
2. Substantial evidence to demonstrate that the tower cannot by technical necessity feasibly be located in a non-residential use zone and that the proposed tower cannot be located on a pre-existing elevated structure.
3. Documentation indicating the intent to allow shared use of the tower, the number of shared users allowed, and how other potential users shall be accommodated.
4. Documentation by a professional engineer that the tower has sufficient structural integrity to accommodate the required number of users.
5. Documentation indicating the power density levels do not exceed federally approved levels, or American National Standards Institute (ANSI) standards, whichever provides for stricter requirements.
6. Certification that the proposed tower will be constructed and operated in accordance with all Ordinances, including but not limited to all FCC and FAA rules and guidelines.
A. The tower shall not to exceed one hundred and sixty (160) feet in height.
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B. Fencing shall be provided at the base of the tower, including but not limited to equipment and/or storage structures, along with any guyed wires shall be enclosed by a commercial grade chain link fence (or some fence of equal or greater quality) a minimum of eight (8) feet in height.
C. Screening applies to the tower and everything within the required security fencing, including buildings and equipment. The vegetative screen shall consist of two staggered rows of evergreen shrubs within a ten {10) foot planting yard on five (5) foot centers, six (6) feet tall at time of planting. Exceptions may be granted if existing vegetation or topography is determined to provide a screen which is at least as effective as the required plantings.
If the applicant elects to leave additional areas outside the fence, in addition to the required screen, such areas shall either be landscaped in a manner which is compatible with neighboring properties or shall be left in a natural condition.
Screening may be modified by the Governing Body if it is determined that the required screening will limit the capability of the proposed tower.
D. The tower shall be designed to accommodate at least three cellular telephone carriers.
E. The Tower must be located at least three hundred and fifty {350) feet from any adjoining property line and at least four hundred and fifty (450) feet from any adjoining residence other than a residence owned by the applicant.
F. Tower site shall be located a minimum of three hundred and fifty {350) feet from a recorded residential subdivision plat, as defined by the Davidson County Subdivision Regulations.
G. No free standing or guyed tower may be constructed closer than the tower's height from any public right-of-way.
H. No towers shall be constructed in a designated historic district or on property on which a designated historic landmark is located. In addition, towers shall not be constructed within 350 feet of a designated historic district or an historic landmark. For purposes of this paragraph, the term "historic" shall refer to districts or landmarks which have been nominated to the National Register of Historic Places.
I. No business signs, billboard, or other advertising shall be installed on the tower or security fencing with the exception of an identification sign no larger than 2 (two) square feet.
J. No outside storage shall be allowed on site.
K. If the Wireless Telecommunication Towers and Facilities are no longer used for communication purposes, then the tower and accessory structures shall
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be dismantled and removed from the site within 120 days from the date the tower is taken out of service at the expense of the tower owner.
L. Notice shall be provided to the Zoning Administrator when any transmission tower is placed out of service. This Special Use Permit expires 120 days after the date that any transmission tower is taken out of service.
M. Co-location on a previously approved tower is permitted without an additional special use permit provided all conditions of the previously approved permit are complied with.
N. Towers shall be constructed and maintained in conformance with all applicable State and Federal building code requirements.
0. Lighting shall not exceed the Federal Aviation Administration (FAA) minimum if required by the FAA. To the extent allowed by the FAA, strobes shall not be used for nighttime lighting. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements.
P. Prior to issuance of a building permit, documentation must be submitted by the tower owner from the FAA that the lighting is the minimum lighting required by the FAA.
Q. Radio or television or similar reception for adjoining property will not be disturbed or diminished.
DAVIDSON COUNTY PLANNING DEPARTMENT Application ior Amendment to the Davidson County Zoning Ordinance
Mop or Text (Circle One)
Dote: March 15, 2021 Fees Paid Rcpt. No.: 2021000023'----------
Applicont(s): Davidson Land Development, LLC
27292 Address: 896 Shipton town Rd., Lexington, NC Telephone No.: 336-250-0483
Property Owner: Davidson Land Development, LLC
27292 Address:896 Shiptontown Rd., Lexington, NC Telephone No.:336-250-0483
Property Location (General Description) Said property is located on the northeast
side of E US Hwy 64 approximately .15 mile west of the Valley Avenue inter-
section.
Township: Lexington Map No. 334 Blk. No._-_Lot(s) 21A & p/o 21 B
Acres(more or less) 20.96 Existing Zoning District RA-3 Proposed Zoning District:.~H~I~_
Lego\Advertisemcnt. Request to ra.£0111:1 pwµ1:11ly by Davidson Land Development,
LLC in Lexington Township, Tax Map 334, Lots 21A & p/o 21 B containing 20.96
acres more or less. Said property is located on the northeast side of E US Hwy
64 approximately .15 mile west of the Valley Avenue intersection. Rezoning
is requested to change from that of RA-3, Rural Agricultural District, to that of
HI, Heavy Industrial District.
Planning Boord Meeting Dote: 4/6/202 L .... _. ___ Recommendotion:. ______ _
Public Hearing Dote: 4/27/2021 Commissioners 1 Action: ________ _
Signature, Applicant ( s), --=-Da-=.vcc1c..:· d:.:s:.:o..:c;~/'+i a=;;f'::.;/<l"".:.::.De:.:-...:.'""11-=--p='Y-=.01=,m=e+11:.::t.,_, _L~L"'C"----------
By: i-~fl,1:i(;z:;i(.C71)
Nanager
Agent:. ______________ By: ____________ _
Address:. ________________ Telephone No.:. ______ _
4
Davidson County Planning Department
Name: Davidson Land Development, I.LC Application for Amendment to the Davidson County Zoning Ordinance
Contents of Application: All applications for amendments to this ordinance, without limiting the right to file additional material, shall contain at least the following (applicant may attach additional sheets if necessary):
(a} If the proposed amendment would require a change in the ZONING ATLAS, a fully dimensioned map at a scale of not less than 400 feet nor more than 20 feet to the inch showing the land which would be covered by the proposed amendment.
[b} A legal description of such land, if applicable. - See attached legal description
(c} Any alleged error in this ordinance which would be corrected by the proposed amendment with a detailed explanation of such error in the ordinance and detailed reasons how the proposed amendment will correct same.
(d) The changed or changing conditions, if any, in a particular area or in the county generally, which make the proposed amendment reasonably necessary to the promotion of the public: health, safety, anc1 oenerol welfare.
- See attachment- Exhibit A
(e} The manner in which the proposed amendment will carry out the intent and purpose of a comprehensive plan.
- See attachment- Exhibit A
ff} All other circumstances, factors, and reasons which applicant offers in support of the proposed amendment.
- See attachment; Exhibit A
5
EXHIBIT
A
ATTACHMENT TO ZONING APPLICATION OF DAVIDSON LAND DEVELOPMENT, LLC
(Supplementing page 5)
d. The Highway 64 corridor has long been identified as a commercial corridor. The front portion of
the 18.59 acre tract (Tax Lot 21B) of the subject property was re-zoned at some point to heavy
industrial. However, the rear portion of the 18.59 acre tract (Tax Lot 21B) and the entire 9.50 acre tract
(Tax Lot 21A) has remained RA-3 from its earlier use as agricultural and rural residential property. Those
conditions have long since changed and it is reasonably necessary to the promotion of the public welfare
and commercial nature of this corridor to amend the rear portion of this 18.59 acres and the entire 9.50
acres to be consistent with the portion fronting Highway 64 as heavy industrial.
e. The proposed amendment from RA-3 to HI will carry out the intent and purpose of a commercial
corridor along Highway 64. Any commercial user would want the potential utilization of the entire 28
acres (Tax Lots 21A and 21B) for industrial or commercial purposes and this amendment carries out this intent and likely highest and best use in keeping with that intent.
f. The proposed amendment unifies this entire 28 acres to be a usable and attractive property
consistent with the intent for this to be a commercial corridor of opportunity along Highway 64. This also avoids the rear portions of this 28 acre tract from becoming an unsuitable, isolated and
economically disadvantaged parcel inconsistent with the use and intent of the front portion limited by
an RA-3 designation. The subject property is bordered by a large commercial warehouse/distribution
facility and the Norfolk-Southern Railroad, therefore it is far more suitable for a uniform and consistent
HI designation than being arbitrarily split between RA-3 and HI. It was also the previous position of the
planning board and commissioners taken with this applicant in 2020 that this property be maintained as a commercial corridor which would be addressed by this proposed amendment.
LEGAL D E S C R l P X I O N
1Rl,Cf 3:
Corr.rnc:ic.:..r.g ac N.C,G.S. Monument "Claude" with NAD83 grld coorciina~es of N: 160,805.7487 feet and E: 1,632,893.9339 feet, THENCE South 47 degrees 32 minutes S•l seconds East- fa::: a d.ist,rnce of 799. 77 feet to N.C.G.S. Monumen\.. "ChiM" vii th Mi\D83 grid caordinaLes of N: 760,265.8974 feet and !::: i, 63J, ,183. 9771 :'eet; THSNCE South 56 degrees 04 minutes 33 seconds East for a distanct:.• o-:' l, 600. 75 feet to ..i l" iron pipe found in the line of DU!:.'.acell, Inc. (DB 603 PG l.!.2, Tr;;ict 1/PFl 23 PG 49), the northwest corner of Duracell, Inc. {DB 603 PG 112, Tract 2/PA ?3 PG '19) and t.he southwest corner of Duracell, !nc. [DB lbl ?G 6): THENCE, wi~h the line of Du::acell, North 17 degrees 35 minutes 46 sccor,ds East fo!" a dls::ance of 368.12 feet to a l" izon pipe .found bent; THENCE:., with the line of Duracell, North 17 degrees 35 minutes 46 seconds E:as'.: for a disLance o: 30.32 fe<1t r.o a fi5 rebar found bent; THENCE;, a new line through Duracell, Sout.h 64 deqrecs 55 :ninu-:es 11 seconds East for a distance of 1007. 92 feet to ~1 l. 25" i ran pipe set, the POINT & PIJ\.CE OF BRGINNING;
THEN2E, i:i new line t:hrough Du::-accll, South 64 degrees 55 minute$ 17 seconds '::asi: for ,;: ::!.i.stcnce of 8 114.13 feet to a 1.?5" !..ron pipe set i.n the linf.! o:f '.:it:!:aceL:. (D::3 1.:s1 ?G 6) en the northern .!."ight of way of Southern Railway:
THE!~C:S, !.-;ith a:h<-' li-:ic of Dur-accll and the northern r.ight 0£ way of Southez:-n Railway, SQu~n :19 dc~jrces 08 minutc6 21 seconds \•Jes':- !"or a dist.ance of 1611.9G :~cl. to a 1.25" :'..ro:n pip'.:i set on the right of way of East U.S. Highway 6,1, the southeast corner of Duracell (DB 1151 PG 6};
TtmNCE, with ~J1e line of Duracell anci the r.ight of way of E:ast U.S. Highway E•l, North ~3 d~gr>::~s '19 rri.nu1.es 21 second:, ;•iN•t for a d.lSU'.lnce of J09.~<l feet lo a 2" 1ron pipe foJmi, corrmo.:. cornc~ of trn 1151 PG 6 and 03 603 PG 112 (Tracl 2);
THENCE, ,,_-.:.th t.lic lina of Duracell, Ncrth 36 degre<?s OB mlr.utes 53 second:;; East for a d1.stance cf 750.3:) feet to a 0.75" iron pipe found, the northeasL corner of D~racel 1, !.nc. {DB 603 PG 112, Tract l};
THENCF,, a new :inP. thrnm;1h Onr,wo\ l, North 17 clegi.:c:<.:.:. 07 minuLe~ Ol seconds Ba.st for u dl.St.ilnGti of 581.96 feet to t.he POIN':' f. PLACE'. m· BE:GINNING.
Togethc:: w.:.::.h and subjec:.. tc covenants, easements, and reslrict:ions of record.
Said prcpr,rly (;onta.1.ns 18. 589 ac::es mo::e or :ess, as showr: on ;:i survey encitlcci. "'I't'.e Gil:ett~ Cc;r.p-:rny", ciated June 12, 2007 !Job No. 4004), by Michael Green Assoc::.atc:s, ?.A ..
LEGAL D E S C R l P T I O N
Com::1,,rncing UL N ,c .G. S. Honumenl "C) aude" 1~i th NAD83 g:r.!..d coordinates of N: lt;0,805.1481 feet ar.ri E: 1,632,693.8339 feet., THENCE South 47 degrees 32 minutc!l 54 5econcis. East for a distance of 799.'J'/ feet to ILC.G.S. Monument "China" with NAOS3 grid coordinates of N: 760,265.8974 feet and E: 1,633,403.9771 feec; THENCE South 56 degrees 04 roinut.es 33 seconds East for a distance of 1,600.75 feet to the POINT & PLACE OF BEGINNING, a l" iron pipe found in tbe line of Durac!'.!l.l., Inc. iUB 603 PG 112, Tract 1/£la 23 PG 49), the northwest. (<;orr.e!'. oE Durac::e.Ll, Inc, {DB 603 2G 112 1 Tract 2/PB 23 PG 49) and the southw~st corr.er of Dllracell, Inc. (DB 1151 PG 6);
THENCE, with Lhe 1.ine of Duracell, North 17 degrees 35 ininut.es 46 seconds :'.£,&t i'ot· n ci.:.stancE of 368 .12 fnet to a .1" iron pipe found bent;
TH2NCS, wi.•,,h t.:1e '.. in•J of Duracell, North 11 degrees 35 minut._,.s ,j6 seconds East fa,:: 2. d.J.stance of 30.32 .feet to a #5 reba.r fcunrl bent, common corner of JB 1151 PG 6 ,1.:.d DB 603 PG '. ·1?.. \':racl ll;
?HENCE, t1 new line -:.:-lroi.:gh Duracell, So1.:th 6-l deg.roes 55 minutes 17 seconds East for a dis;;ance of i007. 32 feet to a l .?.5" 1.r-on pipe set;
THENCE, a new line throi;gh Durace2.l, Sot:.th ,p degrees 07 :ninu:::cs 01 seconds ;•lest for a distance of 531.96 feet to a 0.75" iron pipe found, the no:i:theast corn!;!r of Durac~ll, lnc. (:)B 603 PG ll~, 1'ruct 2);
'l'HE:NCE:, witi1 tlH? line of Duracell, Not·tt: 53 degrees 50 mlm.:tes 46 .seconds v:est for a dista:ice of 751, G'7 feet to the ronrr & PLACE or BEGINNING.
'l'Qgethc:.: with and .sub:ect to covenants, eusements, and restrictions of .record,
Said f,!:cpe::t.y contains 9.500 acres mo.re or less, as shown on a survey .;;ntitled "The Gillett•) Company" 1 dated Jt:r:.e 12, 200? {Job No. 4004), by Michael Green Associates, P.fl. ..
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• -- SECONDARY
- INTERSTATE
-NCHWY
Appl~nt DAVI DSQN LAND DEVELOPMENT, LLC
Property <>,mer:
DAVIDSON LAND DEVELOPMENT, LLC
Scale 1 ": 400' Drawn By: RLC
Oale: 03-12-21 REVISED:
!FROM: RA-3, RURAL AGRICULTURAL DIST.
TO:HI, HEAVY INDUSTRIAL DIST.
LEXINGTON TWSP., MAP 334, LOTS 21A& P/O 21B 20.96ACRES + OR-
2018 Aerial Photography
Davidson County Planning Department 913 Greensboro Street Post Office Box 1067 Lexington, North Carolina 27293-1067 Toll Free Numbers
Lexington: 336-242-2220 Winston-Salem: 336-723-7890 ext. 2220
Denton: 336-859-2194 ext. 2220 Guy L. Cornman, Ill Planning Director
Parcel ID
11334A0000001
1133400000026
1133400000021B
1133400000021 A
1133400000021
1133400000013
1133400000011 A
1133400000011
1133400000009A
1133300000029
I
Adjoining Property Owners From the Tax Administrators Office as of:
03/23/2021
Owner Name Mailing Address
MORTON BUILDINGS INC / PO BOX 399
MORTON IL
SWING JAMES R JR % JOEL FRANKLIN BYRD JR
LEXINGTON NC
DAVIDSON LAND DEV LLC 896 SHIPTONTOWN RD
LEXINGTON NC
[DAVIDSON LAND DEV LLC 896 SHIPTONTOWN RD
LEXINGTON NC
1SA WEST POINT LLC 1 PO BOX 4877
I GREENSBORO NC
HARRIS PROPERTIES 1 LIMITED 10526 HWY 64 EAST
THOMASVILLE NC
CROWN CASTLE GT COMPANY LLC 4017 WASHINGTON RD
MCMURRAY PA
I.IT Rt 188FI I & SONS INC PO BOX 670
ALBEMARLE NC
DURACELL INC ✓ , 305 E us HWY 64
LEXINGTON NC
!DURACELL 305 E US HWY 64
I LEXINGTON NC
"Planning for a Better Tomorrow"
61550-
27295-
27292
27292
27404
27360-
15317-
28002
27292-
27292-
