Lincoln County Board of Commissioner s Agenda Item Cover Sheet

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1 Lincoln County Board of Commissioner s Agenda Item Cover Sheet Board Meeting Date: Agenda Item Type: Consent Agenda: Public Hearing: Regular Agenda: Presentation Time (est): Submitting Person: Phone Number/Ext: Presenter at Meeting: Phone Number/Ext: Submitting Department: Department Head Approval: Description of Agenda Item: Background & Basis of Recommendations: Action/Recommendations: Time Sensitivity (none or explain): Budget Impact (if applicable): List of Attachments (if any):

2 LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT 302 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA OFFICE INSPECTION REQUEST LINE FAX To: Board of Commissioners From: Randy Hawkins, Zoning Administrator Date: December 5, 2017 Re: recommendations (12/04/2017) CUP #371 Marty Reep, applicant (Parcel ID# 10589) A request for a conditional use permit to place a Class B (doublewide) manufactured home in the R-S (Residential Suburban) district. The 0.84-acre parcel is located at 1113 Hulls Grove Church Road in North Brook Township. The voted 8-0 to recommend approval. CUP #372 Delzon Kingett, applicant (Parcel ID# 81793) A request for a conditional use permit to allow a detached garage to extend past the front building line of a house on a lot adjacent to Lake Norman. The 0.77-acre lot is located at 8199 Deep Water Lane in Catawba Springs Township. The voted 8-0 to recommend approval. ZMA #641 Jeff Heafner, applicant (Parcel ID# 89433) A request to rezone 3.4 acres from R-SF (Residential Single Family) to R-S (Residential Suburban). The property is located on the north side of N.C. 27 about 2,000 feet west of Wise Road in Howards Creek Township. The voted 5-3 to recommend approval. ZMA #642 Rickard Cronland, III, applicant (Parcel ID# 25463) A request to rezone 1.6 acres from B-G (General Business) to R-S (Suburban Residential). The property is located on the east side of Salem Church Road about 200 feet north of Freeman Road in Ironton Township. The voted 8-0 to recommend approval. PD # D.R. Horton, Inc., applicant (Parcel ID# and 33155) A request to rezone 208 acres from R-T (Transitional Residential) to PD-R (Planned Development Residential) to permit a subdivision with 422 single-family detached houses, including 132 age-restricted (55+) homes. The property is located on the south side of N.C. 73 and east and west sides of South Ingleside Farm Road in Catawba Springs Township. The voted 8-0 to recommend approval. VR # D.R. Horton, Inc., applicant (Parcel ID# and 33155) A request for a zoning vested right for a period of five years for a planned residential development with 422 single-family detached homes. The proposed 208-acre site is located on the south side of N.C. 73 and east and west sides of South Ingleside Farm Road in Catawba Springs Township. The voted 8-0 to recommend approval. PD # Essex Homes, applicant (Parcel ID# 51872) A request to rezone 83 acres from R-T (Transitional Residential) to PD-R (Planned Development Residential) to permit a subdivision with 215 single-family detached houses. The property is located on the east side of Little Egypt Road about 1,500-4,000 feet south of Optimist Club Road in Catawba Springs Township. The voted 7-1 to recommend approval.

3 LINCOLN COUNTY PLANNING BOARD S RECOMMENDATIONS ON FINDINGS OF FACT FOR A CONDITIONAL USE PERMIT Application No. CUP #371 Applicant Marty Reep Property Location Hulls Grove Church Road Zoning District R-S Parcel ID# Proposed Use Class B (doublewide) manufactured home FINDINGS OF FACT 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan. A septic system permit will be obtained, and the home will be set up in compliance with the State Building Code. 2. The use meets all required conditions and specifications. The home will qualify as a Class B manufactured home as defined by the UDO. A Class B manufactured home is a conditional use in the R-S district. 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity. Several manufactured homes, including singlewides, are already located in the area. 4. The location and character of use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the Land Use Plan for the area in question. This is a rural area that includes manufactured homes. The Land Use Plan designates this area as suitable for low-density residential uses.

4 LINCOLN COUNTY PLANNING BOARD S RECOMMENDATIONS ON FINDINGS OF FACT FOR A CONDITIONAL USE PERMIT Application No. CUP #372 Applicant Delzon Kingett Property Location 8199 Deep Water Drive Zoning District R-SF Parcel ID# Proposed Use accessory structure extending in front of the front line of principal structure on lot abutting Lake Norman FINDINGS OF FACT 1. The use will not materially endanger the public health or safety if located where proposed and developed according to plan. The proposed accessory structure (detached garage) will be built to the State Building Code and will be set back 30 feet from the edge of the road right-of-way. 2. The use meets all required conditions and specifications. An accessory structure extending in front of the front building line of the principal structure is a conditional use on lots abutting Lake Norman. This lot abuts Lake Norman. The proposed location meets the minimum road yard setback of 30 feet and the minimum side yard setback of 10 feet. 3. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity. A garage is located in front of the front building line of the house on the adjoining lot to the west. This proposed accessory structure will be located partially behind the front building line. It will be similar in appearance to the house. 4. The location and character of use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the Land Use Plan for the area in question. The proposed building is designed as a residential accessory structure. The Land Use Plan designates this area as residential.

5 Zoning Amendment Statement of Consistency and Reasonableness Adopted by the Lincoln County on December 4, 2017 Case No. ZMA #641 Applicant Jeff Heafner Parcel ID# Location north side of N.C. 27 about 2,000 feet west of Wise Road Proposed amendment rezone from R-SF to R-S This proposed amendment is consistent with the Lincoln County Comprehensive Land Use Plan and other adopted plans in that: This property is part of an area designated by the Land Use Plan as Suburban Residential, suitable for densities ranging from 1-2 dwelling units per acre. This proposed amendment is reasonable and in the public interest in that: This property is located in an area that includes R-T zoning, which is less restrictive than R- S zoning in terms of permitted uses. Duplexes can provide an affordable housing option.

6 Zoning Amendment Statement of Consistency and Reasonableness Adopted by the Lincoln County on December 4, 2017 Case No. ZMA #642 Applicant Rickard Cronland, III Parcel ID# Location 483 Salem Church Rd Proposed amendment rezone from B-G to R-S This proposed amendment is consistent with the Lincoln County Comprehensive Land Use Plan and other adopted plans in that: This property is part of an area designated by the Land Use Plan as Suburban Residential, suitable for residential development, primarily single-family in nature. The permitted uses in the R-S district are consistent with the suitable uses identified for this area by the Land Use Plan. This proposed amendment is reasonable and in the public interest in that: The structure located on this property has been converted to a commercial structure but was originally constructed as a single-family home. The applicant requested this rezoning to permit the structure to be converted back to a single-family home and used as a residence. The remainder of this parcel is already zoned R-S.

7 Proposed Statement Approving Zoning Amendment, Simultaneously Amending Land Use Plan Recommended by the Lincoln County on December 4, 2017 Case No. PD # Applicant D.R. Horton, Inc. Parcel ID# and Location south side of N.C. 73 and east and west sides of Ingleside Farm Road Proposed amendment rezone from R-T to PD-R to permit a subdivision with 422 single-family detached homes, including 132 age- restricted (55+) homes The Board of Commissioners approves this zoning amendment and hereby declares that this approval is also deemed an amendment to the Lincoln County Land Use Plan to designate these parcels as Suburban Residential. In amending the Land Use Plan, the Board of Commissioners took into account the limited sewer line and pump station capacity in other areas of eastern Lincoln County and the demand for housing of the type planned for this development, evidenced in part by the adjoining Trilogy subdivision to the east. This proposed amendment is reasonable and in the public interest in that: This property is adjoined by property zoned PD-R and which is approved for a higher density (2.75 homes per acre) than this planned development. This property borders on Killian Creek where a gravity sewer main is located. A water main extends along N.C. 73 to Killian Creek. This property is located on a main highway at an interchange, less than two miles from a four-lane, divided highway that serves the region. As part of the rezoning, road improvements and a monetary contribution toward road improvements will be provided to mitigate the impact of the development. Approximately 55% of the site will be reserved as recreation and open space. Under the rezoning plan, a historic house and surrounding land will be preserved.

8 Zoning Amendment Statement of Consistency and Reasonableness Adopted by the Lincoln County on December 4, 2017 Case No. PD # Applicant Parcel ID# Location Essex Homes east side of Little Egypt Road, south of Optimist Club Road Proposed amendment rezone from R-T to PD-R to permit a subdivision with 215 single-family detached houses This proposed amendment is consistent with the Lincoln County Comprehensive Land Use Plan and other adopted plans in that: This property is designated under the Land Use Plan partially as Mixed Residential, suitable for densities ranging from 2 to 8 dwellings units per acre, proportional to the amount of open space preserved; partially as Suburban Residential, suitable for densities of 1-2 units per acre, with greater densities achievable with the reservation of additional open space; and partially as Recreation/Open Space. The proposed density is 2.6 homes per acre. Approximately 32% of the site will be reserved as recreation and open space, compared to the minimum requirement of 12.5%. This proposed amendment is reasonable and in the public interest in that: The surrounding area is primarily residential. This property is located less than a mile from a four-lane, divided highway that serves the region. Approximately one third of the site will be set aside as recreation and open space. Amenities will be provided for residents of the development as part of the master plan. As part of the rezoning, road improvements and a monetary contribution toward road improvements will be provided to mitigate the impact of the development.

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