Agenda - 08-26-1985 - Laserfiche WebLink

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4 Kizer inquired what the anticipated results were if the request for LOP amendment is denied. Post responded that if the request were denied, the applicant could not comply with DEM requirements and closure of the plant could eventually occur. Gordon read the reasons for making a Land Use Plan Amendment. Post noted that his client was responding to a state requirement and he felt this was a changed condition. Harry Harkins, an attorney from Chapel Hill, representing the Rhine family who own the land surrounding the Chandler Concrete plant, spoke. He noted there would be three additional speakers in opposition to the amendment to the LUP. He continued expressing more firmly the opposition to the amendment for three reasons: he felt it was bad policy, set a bad precedent, and it was not necessary to the operation of the Chandler Concrete plant. He stated that from meeting to meeting the applicant had changed his needs or reasons for the requested amendment. Be felt only two lagoons were needed and the proposed driveway was unnecessary. He also felt that a way could be found for location of the lagoons on land that Chandler already is using and that the barriers that are being stored by contractors working on 1-40 could be stored anywhere. He and his clients greatly oppose the expansion of industrial use into this residential area. Harkins continued stating that Chandler had purchased land without checking into the zoning and had begun using the land in violation of the zoning regulations. Harkins° clients, the Rhine family, had to report the nonconforming use to the County before the action was corrected. Be further stated that he and his clients felt that this was simply a means to-expand the operation of the existing concrete plant. He read from the Zoning Ordinance the reasons for change and noted that he'did-not view the situation as-"changed conditions", but simply an expansion of the use after purchase. He also reminded the Boards that Commissioner Marshall had asked for the May Wpublic hearing evidence to be placed in the record. Commissioner Marshall noted that she only asked for the minutes to be entered into the record and if Mr. Harkins had some particular item of record to be entered he would need to make that request. Harkins then requested that all evidence presented by the opposition at the May public hearing be entered as part of the record of this hearing. Dr. SAlly Feather spoke expressing the concern that her property was the most affected by the requested LUP amendment. She noted that the use and enjoyment of her land has been seriously jeopardized by the concrete plant already. She continued noting she had registered her property as a National Wildlife area and the wooded area was placed in a forest management program. She is also participating in the nutrient sensitive watershed program operated by the State Division of Water Resources. She felt that the hard work done on one side of the road to preserve and protect the land had been destroyed by the fact that just on the other side of the road trees had been destroyed and land cleared. Betsy Rhine spoke stating that she had been living across the road from Chandler Concrete property long before it was a concrete plant. She continued that everyone in the area who are concerned are here to stay; She expressed concern that the request for less land in this amendment request:was supposed to be a compromise, but yet it seemed that everything Mr. Chandler wanted originally was included in this site plan. She expressed concern with traffic safety, health and welfare of the area. She also stated that residents of Joppa oaks complained of stinging, burning eyes from the acid solution used to clean the trucks. She continued that the hazardous acid solution should be dumped elsewhere and the Land Use Plan left as is to protect the County. Alan Fields, a resident of Strayhorn Hills, inquired if after the ten year period the property in question could be used for any purpose or if it must stay with this same use. Gordon responded that the Ten Year Transition