The Davidson Board of Commissioners and Lennar reached a settlement agreement pertaining to the outstanding tree removal violation on site. Terms of the settlement include new erosion control plans for lots 1-10, fines, and mitigation (including the planting of new trees).
As all the trees in this area have been removed with complete disregard to the Master Plan and Preliminary Plat notes for selective clearing, this represents an “intentional” and “grossly negligent” destruction of trees as set forth in Section 15.3.1.C.B 2 of the Davidson Planning Ordinance (DPO). The town, abutting neighbors and the future owners of these lots are bereft of these tree assets; any opportunity to select trees for preservation has been eliminated.
After consultation with the Town Arborist and Town Attorney and on-site analysis of the violation, the town has issued a Notice of Violation (NOV) and elected to pursue civil penalties for the total number of trees lost by this blatant and negligent clear cutting. Therefore, the town has determined to issue a NOV consisting of a $1,050,600.00 fine per DPO Section 15.3.1.C.B.2. This fine represents the penalties for the total loss of one hundred and three (103) trees measured at 12” diameter or more. These trees were identified and measured by remaining stumps in the field on September 14, 2020 by the Town Arborist.
Additionally, in order to comply with the terms of the NOV, Lennar must provide landscape documents identifying tree replacement planting in available areas in close proximity to lots 1-10, and within the Westbranch development. These replacement plantings shall consist of large maturing replacement trees as required by DPO Section 15.3.1.B.B.2.iii., totaling no less than twelve (12) trees of at least 5” caliper, and ninety-one (91) trees of at least 2.5” caliper. The replacement plan must be reviewed and approved by the Planning Director and Town Arborist.
A stop work order for Lots 1-10 will not be lifted until the above fines are paid and a tree replacement plan is approved.
- Planning Area: Neighborhood General, Neighborhood Services, Rural
- Project Address: 19925 Davidson-Concord Rd, Davidson NC 28036
- Parcel ID: 00728106A, 00728106B, 00728108, 00728101, 00728110, 00715216
- Acres: 170
- Building Type: Detached House, Townhouse
- Development Description: West Branch will feature 305 housing units with +/- 88 acres of open space, yielding 1.8 units per acre with 51.7% open space. The commercial component at the intersection of Davidson-Concord Road and Robert Walker Drive is proposed as a later phase of development.
The WestBranch development is located on the east side of Davidson-Concord Road and includes property both north and south of Robert Walker Drive. The proposed development includes property located within the Neighborhood Services, Neighborhood General and Rural planning areas.
As proposed, the 170 acre WestBranch neighborhood would feature 306 housing units with +/- 88 acres of open space, yielding 1.8 units per acre with 51.7% open space. The breakdown of housing includes:
- 107 Townhomes
- 101 Detached (42’ wide lots)
- 88 Detached (65’ wide lots)
- 10 Detached (90’ wide lots)
The commercial component at the intersection of Davidson-Concord Road and Robert Walker Drive is proposed as a later phase of development.
- Developer: Lennar Carolinas, LLC
A site plan was received on January 14, 2016. A complete application was received on January 26, 2016. Project timeline:
- Historic Property Redesignation Public Hearing: February 9, 2016 at 6:00 at the Board of Commissioners meeting. Map of proposed change in historic property boundaries can be found here.
- Public Input Session: February 15, 2016 from 4-7PM at Town Hall in the Board Room. Staff's preliminary analysis can be foundhere. Responses to citizen questions/concerns as provided by the design and development team can be found here. Staff - concurrent with Mecklenburg County - conducted a more thorough analysis during technical review following the input session.
- Planning Board: June 27, 2016. Staff Analysis to the Planning Board can be found here.
- Master Plan Approval: August 3, 2016.
- Statement of Intent and Statement of Compliance
- Preliminary Sketch Plan
- Environmental Inventory 1
- Environmental Inventory 2
- Schematic Landscape Plan
- Master Plan Application
- Streetscape Rendering - Alley Loaded
- Streetscape Rendering - Front Loaded
- Precedent Studies
- Concept Plan for EPM technical review
- Transportation Impact Analysis for technical review
- Revised Master Plan Set - For Planning Board
- Clubhouse Perspective
- APPROVED MASTER PLAN (August 1, 2016)
- Planting Plan