HomeMy WebLinkAboutC.054.93008_0995550
development was limited by the use of nitrification fields;
2. That the proposed treatment plant would
(a) be located within 75 feet of Lake Norman;
(b) be located uphill from the development and in such a way
that the wastes from most of the units in the development,
which are located along the Lake, would have to be pumped
from an unspecified location very close to the shore uphill
to the plant site;
(c) have mechanical parts which if they failed could result
in the effluent or the entire project being discharged
in a partially treated or untreated condition into the
Lake, given the distance of the pumps and the plant from
the Lake:
(d) would treat domestic sewage only. It would not treat any
chemicals, or heavy mekals, or other non -biodegradable
matter.
(e) be located at a point where the Lake is narrow; the
property of petitioners is adjacent to the 23 1/2 acre
island; the distance between the island and the mainland
is narrow and the water shallow; and accidental discharge
of untreated or partially untreated effluent in the area
could be very harmful to the water quality of the Lake;
3. That the developer has failed to show the exact location of the
plant and has failed to show enough design detail, including
discharge point, to determine that the plant would be designed and
operated so as to protect the public health;
4. 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; that the
treatment facility as proposed would be buffered in accord with
Section 41.6 of the Iredell County Zoning Ordinance;
5. 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 pians of this nature;
6. That the treatment facility would result in more land being
retained in wooded open space, which would be available for the
passive recreation needs of the develoment;
7. That the development abuts Lake Norman:
WHEREFORE, the Board finds as follows:
8. 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.
9. That the application has failed to produce competent, material
and substantial evidence at the public hearings which tended to show
that the proposed modification would comply with all the standards
and requirements of the Iredell County Zoning Ordinance at the time
the special use permit was approved, and more specifically has not
established that all the "Development Standards" set out in Section
87 have been satisfactorily met.
10. The Board finds as regards those specific standards brought
into question by nature of the modification that
(a) the total development, considered in light of the
modifications proposed, is not capable of creating an
environment of sustained desirability and stability;
(b) the proposed modification will pose an increased
likelihood of a significant adverse impact on the water
quality of Lake Norman, and that the modification does
not include adequate precautions to protect the quality
the water in Lake Norman.
THEREFORE, THE PROPOSED MODIFICATION OF THE SPECIAL USE PERMIT FOR ,
THE HERONWOOD PLANNED RESIDENTIAL DEVELOPMENT IS DENIED.