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HomeMy WebLinkAboutC.054.93008_1365 (2)918 APPROVAL OF MINUTES - JANUARY 5 (12:00 Noon) and JANUARY 5 (7:30 p.m.): MOTION from Commissioner Crosswhite to approve the minutes from the captioned two meetings. VOTING: Ayes - 5; Nays - 0. CROSLAND COMPANY PRD - FINDINGS OF FACT APPROVED: The findings of fact prepared by Mr. William P. Pope, County Attorney, were presented to the board and recommended for adoption by Mr. Jerry Lundy, with some recommended corrections. Chairman Hedrick asked that the record show there are no requests to look at the findings of fact. MOTION from Commissioner Stewart to accept the findings of fact for rezoning for Special Use Permit for John Crosland Development, as follows: JOHN CROSLAND DEVELOPMENT THE MATTER OF THE APPLICATION TO REZONE PROPERTY OF JOHN CROSLAND COMPANY AND THE REQUEST FOR ISSUANCE OF A SPECIAL USE PERMIT came on for hearing before the IREDELL COUNTY BOARD OF COMMISSIONERS on December 1, 1987, and again on December 14, 1987; a Public Hearing was convened on December 1, 1987, at 7;30 p.m., with all Commissioners in attendance; at said Public Hearing the Commissioners were represented by the County Attorney, William P. Pope. The proponent was present through its agents and employees and was represented by attorney John Massey. A number of opponents were present in person but were not represented by legal counsel. All witnesses were sworn and evidence was offered by the staff, by the proponents and by the opponents, at the conclusion of which the COMMISSIONERS made the following: FINDINGS OF FACT 1. A public hearing was duly held on December 1, 1987, at 7:30 p.m. in the manner prescribed by law. Said public hearing was continued to December 14, 1987, at which time it was reconvened. All proponents and opponents of the John Crosland request for rezoning and special use permit application received Public Notice of the hearing as required by the zoning ordinance and were given an opportunity to be heard. 2. William P. Pope, county attorney for Iredell County, explained the rules of procedure and rules of evidence to be followed. 3. The matter came on for Public Hearing as a result of a simultaneous application for rezoning and for a special use permit application for a certain 79.668 acre tract of real estate located on the shores of Lake Norman in Iredell County, North Carolina. 4. The property consists of a 79.668 acre tract shown on Exhibit A (site plan), Exhibit B (planemetric map), and Exhibit C (metes and bounds survey). All such land is contiguous. The development will include 195 lots. Each lot is restricted to one single-family dwelling. No building of a non-residential character will be built except as built in the common areas to house common ammenities. 5. The project will consist of one phase with no future additions contemplated. Thirty lots will be lake -front single family, thirty-five lots will be lake -view single family, sixty lots will be lake access single family, and seventy lots will be single-family patio homes. Average density will be 2.45 units per acre. Each lot will be restricted and dwellings will be located on the lots according to a master plan. No building in the project will exceed 35 feet in height. Set backs shall be as shown on Exhibit P-1 (Rezoning Plan). Configuration of lots, vehicular circulation, access points, boat slips and parking areas are subject to minor modifications as necessary to accommodate definitive development plans. The number of units in each category shall be considered as maximum quantity. Less lots may be developed at the owners' discretion. 6. No above -ground sewage treatment facility will be built. Sewage will be provided through a package treatment facility with discharge into Lake Norman only at a location and in amounts (not to exceed 80,000 gallons per day) and with quality approved and monitored by appropriate state and «M - federal agencies. The control panels and standby generators for the facility will be above ground. Likewise, the top of the package treatment plant will be six inches above grade to prevent surface drainage from entering plant. 7. Water will be supplied to the development by a sufficient number of wells developed on the property. 8. Both the water and sewer systems for the development will be operated by private utility companies regulated by the North Carolina Utilities Commission. 9. 10.1 acres of commonly owned open space will be conveyed to the property owners associa- tion. The common open space shall be maintained by the homeowners' association. The applicant submitted documentation on how the common space will be maintained. 10. All technical development standards set forth by Section 87.2 of the Iredell County Zoning Ordinance required to be met prior to the hearing date and action by the commission have been met. All other development standards will be met before any of the property is sold. Plans and specifi- cations will be approved by the Department of Transportation and the PRO water system and sewer system shall be reviewed and approved by the North Carolina Division of Health Services, the Iredell County Health Department, or other applicable state agencies. All preliminary reviews by said agencies required by the zoning ordinance have been made. 11. The Iredell County Planning Board voted 10-0 to recommend approval of the rezoning and the issuance of a special use permit.