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430 .83 9_. Prcmp sw=Aw Ammam TO THE LAw usz PAN }3 umm BY CHANDLER CUX=E CQHLp= Planner Gene Bell presented for consideration a proposed secondary amendment to the Land Use Plan submitted to public hearing on May 28, 1985. Two principal issues were raised: (1) undesirable and potentialLy hazardous industrial wastewater runoff and (2) possible expansion of an existing concrete plant operation. Following the hearing, Mr. Chandler, the owner, amended his application to include an area of 1.41 acres rather than 4.34 acres as originally requested. This would give him just enough area to encompass the retention ponds. The amended application sought to address the protection of the public safety, health and welfare, and citizen concerns regarding expansion of the plant and increased traffic. The Planning Board recommends denial of the request based on a 3 to 4 vote on a motion to approve the 1.41 acre amended request. The Planning Department recommends approval of the request provided that a smaller area of the lot in question is designated. Staff recommends that the proposed lot line be moved to the northwest approximately 120 feet reducing the area for redesignation from 1.41 acres to 0.86 acres. Chair Willhoit acknowledged receipt of a letter from Mr. Harry Harkins, attorney representing Ms. Rhine and Ms. Feather, requesting that the Harkins, attorney representing Ms. Rhine and Ms. Feather, requesting that the amended application be subject to another public hearing because of the substantial change in the application. John Chandler, President of Chandler Concrete, indicated the request is a modification of the request that went to public hearing on May 28. The request is that less property be subject to the Land Use Plan. He accepts the decision that expansion of his business is not desired by the c(amaanity. He constructed the ponds to comply with environmental regulations. He presented a letter to substantiate his comments about the ponds. The 1.41 acres is the minimal amount that will enable him to meet environmental regulations. Philip Post, engineer for the applicant, illustrated on a map the location of the two ponds and the provisions to accommodate the runoff of water. A third basin is recommended in order to accommodate the 100-year storm. In answer to a question from Chair Willhoit, Gene Bell indicated the amendment to the Land Use Plan would be needed to provide for the protection of the public health, safety and welfare and to address the runoff problem. Approval of the request would enable Mr. Chandler to meet local requirements and submit his plans for the retention ponds to the State. Mr. Chandler indicated the amendment is based on an extension of a designated use onto contiguous property not in excess of 10 acres. He pointed out that when the ponds were put in he had a permit to grade and dig the ponds which was approved by the Sedimentation and Erosion Control Officer for the County. Betsy Rhine, an adjoining property owner, stated Mr. Chandler was directed by the N.C. Division of environmental Management (NCDEM) to put the ponds on his existing land. Gene Bell indicated he spoke with Carolyn McGaskil of NCDEM regarding the original location for the ponds. She indicated they advised Mr. Chandler to put then on the lower end of the property. They knew nothing about Mr. Chandler owning the adjoining tract or the zoning of such property.