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Public Hearing and Conditional Zoning for Holly Grove Subdivision to consider an amendment to the Street Cross Sections by Ordinance 030-2026
presenter
Presenter: Josh Monk, Planning & Development Services Manager
summary
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Summary:
The City has received an application for Conditional Zoning for the Holly Grove Road subdivision, which was originally approved for up to 99 single-family homes by Ordinance 018-2025 on April 14, 2025 and 037-2025 for updated house plans. While the new application does not change the number of homes or overall layout, it proposes the addition of adopting specific street cross sections listed in the Lexington Infrastructure Design Standards (LIDS) Manual. Because Conditional Zonings are legislative decisions, they cannot be formally amended. This new application, if approved, would supersede the original Conditional Zoning. As such, it must follow the same review and approval process as the original Conditional Zoning. Upon approval, Ordinance 030-2026 will supersede and replace Ordinances 018-2025 and 037-2026.
As previously approved, the Conditional Zoning application allows for the development of no more than 99 single-family residential lots across approximately 45 acres on properties identified by Davidson County Parcel Numbers 11334A0000005, 1133900000009, 1133900000009A, and 1133900000012 contains a total of 42.81 acres, and is owned by KLM LAND LLC of Durham, North Carolina.
During the original public hearing for the conditional zoning request, a question was raised regarding whether the proposed development would include curb and gutter. Staff confirmed at that time that the development was proposed with curb and gutter improvements, and the project was subsequently approved with that design.
Following the original approval, the applicant conducted additional geotechnical investigations and reported encountering unforeseen field conditions that identified substantial rock excavation requirements throughout the proposed roadway network. According to the applicant, these findings would significantly increase construction costs associated with the originally approved curb-and-gutter roadway design. The applicant states that alternative grading and engineering options were evaluated; however, the associated costs continued to present challenges to the overall project feasibility.
The proposed development qualifies as a low-density development under the City's stormwater regulations, which define low-density development as development with a built-upon area (BUA) not exceeding 24 percent. The proposed development contains approximately 20.8 percent built-upon area and therefore falls within the low-density threshold.
The City's Unified Development Ordinance (UDO) and LIDS Manual allow the use of vegetated stormwater conveyance measures for low-density development to the maximum extent practicable. As part of this amendment request, the applicant is proposing to replace the previously approved curb-and-gutter system with open vegetated swales, as identified within the City's LIDS Manual.
All other previously adopted conditions associated with the approved conditional zoning would remain unchanged and be carried forward if this amendment request is approved.
PREVIOUSLY APPROVED CONDITIONS WITH 08242026 PROPOSAL:
RESIDENTIAL DESIGN STANDARDS
1. Builder will provide a minimum of six house plans, with one being a one-story plan. Prior to issuance of building permits, the Administrator will review for consistency with design standards.
2. Front Porches and/or stoops will be provided on at least 50% of the single-family homes.
3. Roof materials will be architectural shingles or metal. Metal roofs must be earth tones such as brown, black, or gray.
4. Building Materials shall include a mixture of vinyl, fiber cement siding, brick, stone, and other similar quality materials approved by the Administrator. All vinyl products must be a minimum grade of 0.042mm.
5. SF lots will contain landscaped beds a minimum 5’ deep to run along the length of any street-facing façade outside of driveway, garage, or doorway/walkway. Shall contain a combination of shrubs and/or other plantings at an average of 1 planting per 3 feet.
6. No garage door will be any closer than 25 feet from the street r-o-w, or any closer than 20 feet from the sidewalk. All street-facing garage doors must include windows and/or other decorative elements.
7. Side facades that face a street must contain a minimum of 2 windows and/or doors.
8. At least 20% of the single-family homes will be one-story.
9. All building elevations will be varied so that identical or virtually identical houses are not located on adjacent lots or directly across or diagonally across the street from each other. To qualify as a different façade elevation, dwellings shall vary in at least two of the following elements: different roofline configurations, different color palettes, and different porch/entry designs.
PARKING
10. Each single-family unit shall provide for a minimum of three off street parking spaces.
11. Parking shall be provided with sufficient driveway width so as not to block the sidewalk.
INFRASTRUCTURE
12. All infrastructure must be built to the standards of the Lexington Infrastructure Development Standards.
13. Cul-de-sacs and/or dead-end streets shall be no longer than 700 feet as restricted by the LIDS manual.
14. (proposed with Ordinance 030-2026) Street cross sections will allow for ditch type local residential streets as classified in the LIDS manual.
15. Street trees shall be planted in accordance with the LIDS manual and spaced in accordance with the UDO. A street tree plan will be submitted and approved by the Administrator. Street trees will be installed prior to the issuance of any certificates of occupancy.
WASTE COLLECTION
16. (proposed with ordinance 030-2026) The HOA must contain a provision that on street parking is not permitted.
MAINTENANCE
17. The HOA Deed Restrictions must contain the following requirements:
18. Residents are required to mow/maintain ground cover/grass in yards and planting strips within the right-of-way for single family lots.
19. The HOA shall be responsible for maintaining all trees within the right-of-way and removal of any trees will require approval of the Administrator.
20. The HOA shall be responsible for maintaining vegetation in all common areas.
21. The HOA shall be responsible for maintaining all stormwater devices. All stormwater ponds shall be fenced in accordance with UDO regulations for residential development.
ADDITIONAL CONDITIONS
22. All houses must contain at minimum a one car garage.
23. There shall be a minimum of two mailbox clusters/kiosk within the development.
24. All houses shall have a raised front door/first level elevation of a minimum of 1 foot above the elevation of the street and/or sidewalk. Said elevations shall be within 10% of the listed elevations submitted during civil plan review.
25. (proposed with Ordinance 030-2026) A greenway easement shall be included along Abbotts Creek; the exact location must be approved by City.
Based on staff analysis of the proposed development, the conditional zoning is consistent with the 2022 Land Use Plan. A suggested statement of consistency and reasonableness for Planning Board and City Council approval is as follows: “The proposed Conditional Zoning, with conditions herein, is consistent with the 2022 Land Use Plan which states that a variety of residential building types will be supported to provide options in quality housing, with emphasis on single-family, multi-family, and mixed-use buildings in an urban form. Options should include a range in affordability. Infill will be designed in such a way as to protect the character of established neighborhoods. Lot sizes and densities will be commensurate with existing surrounding neighborhoods. Higher density development in close proximity to low density residential development should incorporate ample open space and edge treatments to reduce impacts.”
City Departments were sent copies of the request. The property was posted and adjoining property owners were notified of the Planning Board meeting and of the public hearing before City Council.
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Recommendation:
recommendation
1. Receive a presentation;
2. City Council hold a public hearing concerning Ordinance 030-2026 related to amending the Unified Development Ordinance Zoning Map of the City of Lexington with an amendment to the Conditional Zoning for Holly Grove Subdivision; and
3. City Council approve the following statement of consistency and reasonableness: “The proposed conditional zoning, with conditions herein, is consistent with the 2022 Land Use Plan, which states that a variety of residential building types will be supported to provide options in quality housing, with emphasis on single-family, multi-family, and mixed-use buildings in an urban form. Options should include a range in affordability. Infill will be designed in such a way as to protect the character of established neighborhoods. Lot sizes and densities will be commensurate with existing surrounding neighborhoods. Higher density development in close proximity to low density residential development should incorporate ample open space and edge treatments to reduce impacts”; and
4. City Council consider adopting ORDINANCE 030-2026 to amend the City of Lexington Unified Development Ordinance Zoning Map to effect that the subject properties located along West Holly Grove Road and owned by KLM Land, LLC, identified by the Davidson County Tax Department as parcel numbers 1133900000009, 1133900000009A, 1133900000012, and 11334A0000005, and is zoned Conditional Zoning District #030-2026.
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CITY OF LEXINGTON, NORTH CAROLINA
ORDINANCE 030-2026
AN ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT ORDINANCE ZONING MAP OF THE CITY OF LEXINGTON, NORTH CAROLINA, CONDITIONAL ZONING for HOLLY GROVE SUBDIVISION AND SUPERSEDE A previously approved Conditional Zoning OF 018-2025 and 037-2025 BY allowing the use of ditches and swells as described in the City’s lexington infrastructure design standards
WHEREAS, on April 14, 2025, City Council approved Ordinance 018-2025 with conditions for a development on West Holly Grove Road consisting of up to 99 homes; and
WHEREAS, on August 11, 2025, City Council approved Ordinance 037-2025 with conditions for a development on West Holly Grove Road, superseding the previous ordinance; and
WHEREAS, KLM Land, LLC submitted an application requesting the use of ditches and swells to supersede an approved conditional zoning to develop a single-family home subdivision on West Holly Grove Road consisting of up to 99 homes, all other previously adopted conditions, site plan, and density will remain in effect; and
WHEREAS, Planning Board found that the application is in keeping with the intent and spirit of the original conditional zoning approved by City Council on April 14, 2025 by Ordinance 018-2026 and; and
WHEREAS, at its meeting on June 15, 2026, the Planning Board approved the following statement of consistency and reasonableness: “The proposed conditional zoning, with conditions herein, is consistent with the 2022 Land Use Plan, which states that variety of residential building types will be supported to provide options in quality housing, with emphasis on single-family, multi-family, and mixed-use buildings in an urban form. Options should include a range in affordability. Infill will be designed in such a way as to protect the character of established neighborhoods. Lot sizes and densities will be commensurate with existing surrounding neighborhoods. Higher density development in close proximity to low density residential development should incorporate ample open space and edge treatments to reduce impacts.”; and
WHEREAS, at its meeting on June 15, 2026, the Planning Board voted to recommend City Council approve the conditional zoning as submitted; and
WHEREAS, City Manager called for a public hearing for the purpose of receiving public input concerning the proposed rezoning and scheduled the public hearing for August 24, 2026, in the Council Chambers at City Centre, room 119, located at 200 North State Street, Lexington, North Carolina at 6:00 p.m.; and
WHEREAS, the Unified Development Ordinance Administrator certified that the property was posted and adjoining property owners were notified by mail of the request prior to the Planning Board meeting and again prior to the public hearing; and
WHEREAS, notice of the public hearing was published in The Dispatch as required on August 11, 2026 and August 18, 2026; and
WHEREAS, a public hearing concerning adoption of this ordinance was held on the 24th day of August, 2026; and
WHEREAS, on August 24, 2026, City Council approved the following statement of consistency and reasonableness: “The proposed conditional zoning, with conditions herein, is consistent with the 2022 Land Use Plan, which states that a variety of residential building types will be supported to provide options in quality housing, with emphasis on single-family, multi-family, and mixed-use buildings in an urban form. Options should include a range in affordability. Infill will be designed in such a way as to protect the character of established neighborhoods. Lot sizes and densities will be commensurate with existing surrounding neighborhoods. Higher density development in close proximity to low density residential development should incorporate ample open space and edge treatments to reduce impacts.”; and
WHEREAS, Council by vote did ordain that the City of Lexington Unified Development Ordinance Zoning Map is hereby amended to the effect that subject properties, located on West Holly Grove Road and owned by along West Holly Grove Road and owned by KLM Land, LLC, identified by the Davidson County Tax Department as parcel numbers 1133900000009, 1133900000009A, 1133900000012, and 11334A0000005, is zoned Conditional Zoning District #030-2026 with the conditions outlined below.
TWENTY-FIVE CONDITIONS:
RESIDENTIAL DESIGN STANDARDS
1. Builder will provide a minimum of six house plans, with one being a one-story plan. Prior to issuance of building permits, the Administrator will review for consistency with design standards.
2. Front Porches and/or stoops will be provided on at least 50% of the single-family homes.
3. Roof materials will be architectural shingles or metal. Metal roofs must be earth tones such as brown, black, or gray.
4. Building Materials shall include a mixture of vinyl, fiber cement siding, brick, stone, and other similar quality materials approved by the Administrator. All vinyl products must be a minimum grade of 0.042mm.
5. SF lots will contain landscaped beds a minimum 5’ deep to run along the length of any street-facing façade outside of driveway, garage, or doorway/walkway. Shall contain a combination of shrubs and/or other plantings at an average of 1 planting per 3 feet.
6. No garage door will be any closer than 25 feet from the street r-o-w, or any closer than 20 feet from the sidewalk. All street-facing garage doors must include windows and/or other decorative elements.
7. Side facades that face a street must contain a minimum of 2 windows and/or doors.
8. At least 20% of the single-family homes will be one-story.
9. All building elevations will be varied so that identical or virtually identical houses are not located on adjacent lots or directly across or diagonally across the street from each other. To qualify as a different façade elevation, dwellings shall vary in at least two of the following elements: different roofline configurations, different color palettes, and different porch/entry designs.
PARKING
10. Each single-family unit shall provide for a minimum of three off street parking spaces.
11. Parking shall be provided with sufficient driveway width so as not to block the sidewalk.
INFRASTRUCTURE
12. All infrastructure must be built to the standards of the Lexington Infrastructure Development Standards.
13. Cul-de-sacs and/or dead-end streets shall be no longer than 700 feet as restricted by the LIDS manual.
14. Street cross sections will allow for ditch type local residential streets as classified in the LIDS manual.
15. Street trees shall be planted in accordance with the LIDS manual and spaced in accordance with the UDO. A street tree plan will be submitted and approved by the Administrator. Street trees will be installed prior to the issuance of any certificates of occupancy.
WASTE COLLECTION
16. The HOA must contain a provision that on street parking is not permitted.
MAINTENANCE
17. The HOA Deed Restrictions must contain the following requirements:
18. Residents are required to mow/maintain ground cover/grass in yards and planting strips within the right-of-way for single family lots.
19. The HOA shall be responsible for maintaining all trees within the right-of-way and removal of any trees will require approval of the Administrator.
20. The HOA shall be responsible for maintaining vegetation in all common areas.
21. The HOA shall be responsible for maintaining all stormwater devices. All stormwater ponds shall be fenced in accordance with UDO regulations for residential development.
ADDITIONAL CONDITIONS
22. All houses must contain at minimum a one car garage.
23. There shall be a minimum of two mailbox clusters/kiosk within the development.
24. All houses shall have a raised front door/first level elevation of a minimum of 1 foot above the elevation of the street and/or sidewalk. Said elevations shall be within 10% of the listed elevations submitted during civil plan review.
25. A greenway easement shall be included along Abbotts Creek; the exact location must be approved by City.
The amendments described herein shall become effective immediately upon adoption.
This the 24th day of August 2026.
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Jason Hayes, Mayor
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Emily M. Jackson, CMC, NCCMC
City Clerk