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FINDINGS OF FACT <br />1.The Property is in the Office Institutional-Special Use (OI-SU) zoning district and is <br />approximately 5.501 acres in size. <br />2.The existing use was approved in 2005 as an indoor recreational facility that was <br />zoned OI-SU. The site was developed using the standards in place at that time. <br />3.Under the current Cabarrus CountyDevelopment Ordinance (CCDO),the current <br />use would be considered swim club, tennis club, country club (Swim Club). <br />4.Evolution proposes to add outdooramenities and features to the Propertythat arean <br />extension of the current Swim Club use. Proposed improvements and features <br />include additional parking areas, playground, swimming pools andawalking trail. <br />5.PerCCDO section 7-3(59) (c),there must be a 200-footsetback from any accessory <br />structure, swimming pool, tennis court, parking area or any amenity area andany <br />adjacent residentially-zonedproperty. <br />6.Chapter 9, Table 4 of the CCDOrequires perimeterlandscape buffersfor properties <br />according to their acreage andclassification,in this case,51 feet. <br />7.Chapter 9,Section 9-5of the CCDOrequires a perimeter parking buffer area. <br />8.Prior to construction of theswimming facility on the Property, the setbacks and <br />buffers weresubstantially less than those that wouldbe required for an outdoor <br />facility today. <br />9.As development has come to the Property and surroundeditunder Huntersville <br />zoning, the buffers and setbackshaveincreased. <br />10.At the time of development of the Property, the current zoning use, setback and <br />bufferrequirements were not in place and could not have been contemplated by <br />anyone developing this Property. <br />11.The witness in opposition to the application at theApril 12,2022 hearing was the <br />attorney for the former owners of the Property who also ownthe adjacent <br />residentially-zoned property. When they sold this Property to the present owners, <br />they advertised it is capable of being developed for outdoor activities, including a <br />swimming pool, and such former owners had contemplated building such a facility <br />themselves on the Property. <br />3! <br />! <br /> <br />