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MATTER: MODIFICATION OF SPECIAL USE PERMIT
FOR MALLARD HEAD PLANNED RESIDENTIAL DEVELOPMENT
ACTION TAKEN: GRANTED SUBJECT TO CONDITIONS
On July 11, 1985 and August 6, 1985 the Iredell County Board of Commissioners met and held a public
hearing to consider a modification to the Special Use Permit for Mallard Head Planned Residential
Development.
Having heard all the evidence and arguments presented at the hearings, the Board makes the following
findings of fact:
1. That this modification involves the addition of a wastewater treatment
plant to serve a forty -unit development;
2. That the proposed treatment plant would
(a) be located over 1100 feet from Lake Norman,
(b) be located over 750 feet from the nearest residential structure,
(c) be located downhill (approximately 8 feet difference in elevation)
from the approved well site;
(d) discharge to a dry stream bed so that the quality of discharge will
be determined by the capabilities of the plant itself and not that
of the receiving body.
3. That the properties adjoining the proposed treatment plant are zoned for
residential/agricultural use, namely an R/A District, that an open space
of at least 45 feet shall be provided between the property line and the
proposed building or accessory use.
4. That the developer has applied for a wastewater discharge permit from the
Department of Natural Resources and Community Development of the State of
North Carolina, which is the appropriate State or local agency to review
plans of this nature.
5. That the open space area outside of the pool, club or change house is not
designated in terms of more specific uses or the nature of the area, i.e.
wooded vegetation, lawn, etc.
WHEREFORE, THE Board finds as follows:
6. That the proposed modification to provide a wastewater sewage disposal
system for this development is a modification of the special use permit
which affects the basic relationships of the ordinance under which the
special use permit was approved.
7. That the developer has produced competent, material and substantial
evidence at the public hearings which tended to show that the proposed
modification would comply with the standards and requirements of the
Iredell County Zoning Ordinance at the time the special use permit was
approved, and more specifically has established that all the "Development
Standards" set out in Section 87 have been satisfactorily met, or will be
met prior to issuance of a Certificate of Compliance, and that no part
of the proposed development will be located or operated as to create a
nuisance to nearby residential areas.
More particularly the Board finds as regards those specific standards
brought into question by the nature of the modification that:
(a) the total development, considered in light of the modifications
proposed, is capable of creating an environment of sustained
desirability and stability;
(b) the plans for the proposed PRD sewer system have been reviewed
by the appropriate State and local agencies;
(c) the above -ground sewage treatment facility shall be buffered from
adjacent residential properties;
(d) the PRD will provide an "open space" of at least 45 feet between
the facility (which will be less than 15 feet in height) and any
adjacent property line;
(e) the proposed modification will not decrease the useable open space
available for active and/or passive recreation needs of adjacent
dwelling units,
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8. That it is appropriate and reasonable to attach the following condition
concerning the design of this sewage treatment facility, namely that the
facility include a solinoid operated safety valve as part of the design
instead of a backup emergency generator, unless the latter be required by
the Department of Natural Resources and Community Development.
THEREFORE, THE PROPOSED MODIFICATION OF A SPECIAL USE PERMIT FOR THE
' MALLARD HEAD PLANNED RESIDENTIAL DEVELOPMENT IS GRANTED SUBJECT TO THE
CONDITION SET OUT IN FINDING NUMBER 8 ABOVE.