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4QQ~~7 A condition not mentioned by the applicant nor brought out in the Central Orange Area Study is run-off from the concrete plant site. It seems logical to assume that runoff has been a condition associated with the concrete plant site since it was established in 1982. Likewise. the recent recognition of the runoff as a problem by DEM would seem to qualify as a changed or changing condition . Pilkey inquired if a letter had been received from Southern Railroad and Sell responded no. Commissioner Marshall inquired if there had been any statement how the amendment would carry out the intent and purpose of the comprehensive plan as this was not addressed in the application. Sell agreed that this had not been addressed. Bell continued that the procedures for amendments said ~should~~ not ~shall~ yr -muster in that regard. Gordon asked how the change in the request (regarding amount of land) affects the staff recommendation. Bell responded that staff looked upon runoff as an existing conditien recognized by DEM as a public health. safety and welfare hazard that does represent a changing condition that was not addressed in the Central Orange Area Study. Commissioner Marshall noted that these were undesirable existing conditions, not conditions brought about by other things happening in the neighborhood. Bell continued that the procedures in the plan were not very specific regarding changing conditions and it was the staff interpretation that conditions had changed sufficiently to warrant amendment. Commissioner Marshall requested that the May 28, 1985 public hearing minutes be entered into the record . Ton Chandler, applicant and president of Chandler Concrete., spoke. Ae noted he had operated the business in substantially the same manner for 13 years. He was notified by DEM in January concerning the problem of water runoff. He noted the reason for the new request for 1.G1 acres was to ask for help in solving the water runoff problem. He continued noting that the Railroad representatives were aware of the existence of the ponds, but that it usually took six to eight months to get a letter of approval from Railroad officials regarding right-of -way encroachments. Tf it becomes necessary to move the ponds from the railroad right-of-way. they could be shifted forward without having to relocate the recycling equipment. Mr. Chandler stated that there would be no expansion of his business operation, no increase in the number of trucks or use. There will be an improvement in the traffic conditions due to the relocation of the driveway. He cited a letter from J. W. Watkins stating that the proposed driveway has a greater sight distance and ie a safer entrance than the one now being used. He also cited a letter from Jon S. Harder concerning land values. He submitted these two letters along with a letter from AEM dated 8/22/85 to the Board as evidence. (Copies of these letters are on pages o71~ I of these minutes). Chandler continued addressing the concern regarding the contents. appearance and overflow of the ponds. He noted the purpose of the third pond was to take care of any overflow. The design and construction of the ponds has been approved and accepted by DEM as a solution to the environmental problem.