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000184 Phil Post indicated the ponds are on the lowest part of the tract where they should be. Chair Willhoit indicated that because of the number of substantial changes made in the proposal since the public hearing, the project should be scheduled for another public hearing so that the concerns of the citizens may be heard on the amended proposal. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to refer the revised proposal for the 1.41 acres as submitted by the applicant to public hearing on August 28. Joyce Garrett, attorney for Chandler Concrete, noted that consent by NCAEM can not be given until there is a modification of the Land Use Plan and the subsequent rezoning. She emphasized that Mr. Chandler would like a decision just as soon as possible. Chair Willhoit indicated there are many concerns and questions which need to be addressed through a new public hearing. The proposal will then go back to the Planning Board before being presented to the Board of Commissioners for a decision. Planning Director Marvin Collins indicated the grading permit was issued because of the interpretation that it was a public health hazard recognized by the State and the County Health Department which had to be addressed. Complaints were then received from the adjoining property owners. The County Attorney then indicated the interpretation was wrong and that Mr. Chandler would have to cease the use of the property for any purpose related to the concrete plant. Commissioner Marshall asked about other solutions to they problem and Phil Post indicated that water from the plant and stormwater runoff can only be controlled in some down hill area. The best engineering solution was to install the basins. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to have both the rezoning and the Land Use amendment with the revised proposal considered at the same public hearing so the matter can be expedited and the public health problem dealt with. VUTE: UNANIMOUS. 10_._ RECXJM FOR AMENDMENT TO A COITION OF THE CLASS A SPECIAL USE PERMIT FCR WEST TEN MOBILE PARK Planner Susan Smith presented for consideration of approval a request from Darrell Garrett and Waylon McFarland for modification of the conditions of approval for the Class A Special Use Permit for Wert Ten Mobile Park granted by the Board on July 1, 1985. The applicant requests that the Board amend the conditions of approval to allow for the construction of a natural base trail system of grass and mulch given the length, estimated use and cost of construction. The original condition indicated the trail system should be built as recommended by the County Recreation Department. That department had recommended a rock dust base. Section 8.7.1.a of the Zoning Ordinance provides that a change in an imposed condition shall constitute a modification and be subject to consideration through a public hearing process. Geoffrey Gledhill clarified that the change can be considered a minor change which would require approval by the Board and not be subject to another public hearing. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey that the request be considered a minor modification and the applicant be allowed to add park benches along the pedestrian pathway and delete the rock dust base, substituting instead grass and mulch.