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c'= w~ environmental problem in order. that the plant might continue to operate as it had for the past fifteen years. Mr. Chandler continued that he was advised by the Planning Staff at that time to seek an amendment only for the minimum area needed to correct environmental problems. He added that had he known of the two acre minimum lot size requirement, he would have included ~-~ the .59 acre for which he is now seeking an amendment. The courts reversed ~. the action of the Commissioners on two bases: (1) The minimum area which could be rezoned was two acres rather than the 1.41 acres, and (2) there had not been sufficient showing in the record that the use of the property would not cause an adverse effect on the surrounding property. Mr. Chandler noted that he had complied with all the requirements of the Special Use Permit before such time as the court overturned the decision. He added that since the time of the Court order he had talked with members of the community, explaining the necessity of the retention ponds and the benefit of the reclamation activity which would be continued. In order for the property on which the reclamation ponds are situated to be properly zoned, he must add to it an additional 0.59 acres of land to meet the minimum two acre requirement. The purpose of the request for an amendment to the Land Use Plan is to designate an 0.59 acre tract of land adjoining the concrete plant from Rural Residential to Ten-Year Transition/Commercial Industrial Activity Node. If the Land Use Plan is amended, he will apply for rezoning and a Special Use Permit to permit a retention and recycling facility critical to the operation of the concrete plant. The request does not constitute an extension of the commercial activity. Mr. Chandler reemphasized that his original request for a Land Use Plan amendment was solely to meet DEM requirements for the control of _ runoff. He noted that it was late in 1984 when it was discovered that the' runoff was an environmental problem. He continued that when the Land Use' Plan was adopted in 1981, the property line of the concrete plant was~,__, designated as the line separating Rural Residential from Commercial. Based on the use at that time, such designation was both natural and reasonable. Based on technological advances and on increased sensitivity to the environment, it has been determined that the runoff of surface water from the plant site is undesirable. The nature of the natural runoff is now believed by the Division of Environmental Management to be a hazard to public health, safety and welfare. Based on environmental standards when the Land Use Plan was adopted, no detrimental effect was recognized. He noted that the newly recognized hazard presents a changed condition which should be the basis for a secondary amendment to the Land Use Plan. The granting of a secondary amendment will carry out the intent and purpose of the Land Use Plan by enabling continued operation of the commercial business in the area clearly designated for commercial use in the original Land Use Plan. Although it would be possible to prevent man-made situations which create runoff into the stream, there is no remedy short of the proposed retention ponds which will prevent the natural runoff. He stated this was a changed condition over which he has no control. The Planning Staff has recommended that the application for redesignation of 0.59 acres from Rural Residential to Ten-Year Transition Area and Commercial Industrial Activity Node be denied. He indicated that his understanding of the basis of the recommendation was that he failed to adequately state the changed conditions on which he based his request for a secondary amendment and that an 0.59 acre tract does not, in Planning Staff's opinion, at this time meet certain location standards. He apologized if his explanation of the changed conditions was not sufficiently clear and noted that before today, he was not aware that the application was considered deficient on that basis. He asked that the comments he made at this public hearing regarding changed conditions be incorporated into the