Re: UDO Proposed Amendment # Lincoln County Planning and Inspections Department, applicant

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LINCOLN COUNTY PLANNING & INSPECTIONS DEPARTMENT 2 NORTH ACADEMY STREET, SUITE A, LINCOLNTON, NORTH CAROLINA 28092 704-736-84 OFFICE 704-736-8434 INSPECTION REQUEST LINE 704-732-90 FAX To: Board of Commissioners Planning Board From: Randy Hawkins, Zoning Administrator Date: December 22, 17 Re: UDO Proposed Amendment #18-1 Lincoln County Planning and Inspections Department, applicant The following information is for use by the Lincoln County Board of Commissioners and the Planning Board at their joint meeting/public hearing on January 8, 18. PROPOSAL The Planning Board is proposing amendments to Section 2.4.5.C of the Lincoln County Unified Development Ordinance to reduce the minimum lot size in the R-SF, R-S and R-T districts to square feet (0.516 acre) if public water or public sewer is available and if an improvement permit for a septic system, or a well permit if public sewer is available and not public water, is obtained from Lincoln County Environmental Health for each proposed lot. Planning Board members have been discussing the idea of reducing the minimum lot size if one utility is available for several months. There are many areas in the county where public water is available but not public sewer. In a few areas, public sewer is available but not public water. Currently, the minimum lot size in these three districts is square feet (0.746 acre) if one or no public utility is available. In the R-SF and R-S districts, the minimum lot size is square feet if both utilities are available. In the R-T district, there s no reduction if both utilities are available. These standards have been in place since 04, when amendments to the old Zoning Ordinance were approved to increase the minimum lot size in the R-SF and R-S districts. Prior to 04, the minimum in the two districts was square feet if neither public water or public sewer was available,,000 square feet (0.46 acre) if one utility was available, and 14,000 square feet (0.32 acre) if both were available. Here s a chart that summarizes the preceding information: Minimum lot size in R-SF and R-S districts (in square feet) public utilities available current proposed pre-04 Water or sewer,000 Water and sewer 14,000

One main concern in 04 was that lots only slightly larger than half an acre were simply too small in many cases to accommodate a well, a septic system and a future repair area for the septic system. Under the current proposal, to qualify for a reduced lot size with one utility, an improvement permit or a well permit would have to be obtained from Environmental Health for each proposed lot before a subdivision plat could be recorded. The 04 amendments were also aimed at reducing the housing density that was permitted by right in the R-SF and R-S districts, thereby increasing the incentive for developers to request rezoning to a planned district and submit projects to the review process that goes along with that. The Planning Board s proposal would not reduce the minimum size lot in the case of the availability of public water and public sewer. The proposal would apply not only to the division of a single parcel into two lots but also to subdivisions of up to 49 lots. (A subdivision with 50 or more proposed lots requires a rezoning to a planned development.) In addition to reducing the minimum lot size if one utility is available, this proposal would also: Reduce the minimum lot size in the R-T district to square feet if both utilities are available. In recent months, several owners have applied to rezone properties from R-T to R-SF in areas with public water and public sewer simply to gain a reduction in the minimum lot size. Eliminate a difference in the minimum lot size in the R-S district for a single-family detached house and for a duplex if public water and public sewer are available. Make the minimum building setbacks the same in the R-T and R-S districts for a single-family detached house and for a duplex. Following are the dimensional standards tables from the UDO for the county s main residential districts. The proposed changes are shown in red, with the proposed new text underlined.

Conventional Residential Subdivision R-R Lot area (min. Acres) Zero Alleyloaded Two-family Townhouse Multi-family Use Permitted Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted R-T *Lot (with public water or sewer) 43,560,000 Zero Alleyloaded Two-family Townhouse Multi-family Use Permitted Not Permitted Not Permitted Permitted Not Permitted Not Permitted 15 25

Conventional Residential Subdivision Zero Alleyloaded Two-family Townhouse Multi-family (1) Use Permitted Not Permitted Not Permitted Permitted Not Permitted Permitted R-S Density (max. units/acre) Without public water/sewer With public water or sewer With public water/sewer Parcel (min.) Area per building,000 *Lot (with public water or sewer) 4 6 8,000,000,000 R-SF *Lot (with public water or sewer) Zero Alleyloaded Two-family Townhouse Multi-family Permitted Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted 80

Conventional Residential Subdivision *To qualify for subdivision of property utilizing the minimum lot areas listed under with public water or sewer, an improvement permit for suitability for a septic system (in the case of public water) or a well permit (in the case of public sewer) for each proposed lot must be obtained from Lincoln County Environmental Health prior to submittal of a final subdivision plat. (1) More than one building may be established on a single lot (see 4.1, Complexes)