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Minutes - 19870824
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Minutes - 19870824
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8/24/1987
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Minutes
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<br />Activity node be expanded by an additional 0.59 acres which when combined` <br />with the 1.41 acres currently in the same designation, would meet the two-- <br />acre lot size requirement. If the proposed Land Use Plan amendment is <br />approved, Chandler Concrete Company will .submit a Planned Development <br />~~pglication for the entire two acres. Current policy does not permit Land <br />~7se Plan amendment and Planned Development (or rezoning) applications to be <br />;candled concurrently. <br />The procedures for amending the Land Use Plan states three <br />reasons for which the Plan may. be amended: <br />(1) because of changed or changing conditions in a particular <br />area or areas of the County; <br />(2) to correct an error or an omission in the plan; or <br />(3) in response to a change in land use policy. <br />The Land Use Plan amendment application does not adequately <br />address any of these reasons. <br />Evaluation of a plan amendment also requires conformance with the <br />locational criteria for the plan designation being requested as specified in <br />Section 3.4 of the Land Use Plan. The criteria includes land slope, hyd- <br />rology, flora and fauna, soil conditions, public services/utilities, trans- <br />portation system, energy use, existing land use, agriculture and forestry, <br />population density, and historic and cultural features. Evaluation of the <br />criteria indicates partial conformity with public services/utilities and <br />nonconformance with existing land use and population density. <br />The Planning Staff recommends denial of the request based upon: <br />(1) the reasons for amendments in the Procedures for amending <br />the Land use Plan are not addressed; <br />(2) conformity with all applicable locational criteria in <br />Section 3.4 of the Land Use Plan is not demonstrated. <br />The Planning Soard will prepare a recommendation on the proposed <br />C,and Use Plan amendment at its September 21, 1987 meeting. The Board of <br />'^.,~ommissioners will consider the proposal for decision on October 5, 1987. <br />THOMAS CHANDLER , President of Chandler Concrete Company, <br />presented background information which led to the request for this Land Use <br />Plan amendment. In late 1984, it was brought to Chandler's attention by the <br />N.C. Department of Natural Resources and Community Development, Division of <br />Environmental Management (DEM), that environmental problems existed relative <br />to water runoff from the plant site. The water runoff came from washing the <br />trucks as well as runoff of rain water across the land. <br />A meeting with an agent from DEM identified the lowest point on <br />the property where the water would run prior to entering the stream. That <br />point was on the adjoining property which was recently purchased. Mr. <br />Chandler indicated he was not aware that the recently purchased property was <br />nvt properly zoned for a retention pond and reclamation site. At that <br />point, he secured from the County the proper permits to prepare the site for <br />correction of the environmental problem. It was brought to his attention <br />that the property was zoned Residential--1 and it would not be permissible to <br />operate the retention ponds for the benefit of the commercial property. He <br />petitioned the Orange County Commissioners for a Secondary Land Use Plan <br />amendment and rezoning of the property. After numerous meetings and <br />appearances before the Orange County Planning Board, the final application <br />was for a secondary amendment to the Land Use Plan and a rezoning for a 1.41 <br />acre tract contiguous with the plant. The 1.41. acre tract of land was the <br />minimum area upon which the retention and recycling activity could be <br />performed. Subsequently, the secondary amendment to the Land Use Plan was <br />granted and necessary rezoning and authorization for a Special Use Permit <br />aas received. <br />During the public hearing there was much community opposition to <br />the proposal because of a misunderstanding that the plant's operation would <br />be expanded into the residential area. The only intent was to correct the <br />
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