Agenda - 09-30-1985 - Laserfiche WebLink

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08' • 2 NO one spoke in opposition to the request, • 7s •;{)a ;4v i• jr,vs:44 • : " .e r ; . - ..�!► i CONCRETE COMPANY. _I . The presentation was made by Gene Bell. This agenda item is to receive public comment on a proposed secondary amendment to the Land Use Plan for 1.41 acres of a 7.25 acre tract (inclusive of street and railroad rights-of-way) owned by Chandler Concrete Company, Inc. Tlie: property in question is located on the south side of Old NC 10 (SR 1710), approximately one.-half mile from the intersection with NC 86. The property is referenced as Tax Map 45, Lot 32 in Hillsborough Township. The request for redesignation of the 1.41 acre site from Rural Residential to Ten Year Transition/Commercial-Industrial Transition Activity Node has been submitted to legally address wastewater runoff problems from an ! existing concrete plant site. Under a directive from the NC Department of Natural. Resources and Community Development - Division of Environmental Management (DEM), the applicant attempted to contain runoff with retention basins. The basins were constructed on property owned by the applicant and which were located in an R-1 zoning district. The applicant erroneously thought the site was zoned for industrial purposes and the use of the property for retention basins as well as for truck parking resulted in a- zoning violation. Upon official notification ! • • from the Planning Department, the nonconforming use of the property ceased. The request is a new application. The applicant previously submitted a . proposed. amendment for 4.34 acres of the property to public hearing on May 28, 1985. In the Board of Commissioners review (August 5, 1985) of the request for decision, it determined that new information had been submitted after the public hearing and directed that the request be sent back to public hearing as a new-request on August 26, 1985. The Board also directed that the rezoning request for the same property be considered at the same public hearing. The proposed amendment would change the Land Use Plan (LUP)designation of the 1.41 acre portion • of the property from Rural Residential to Ten Tear Transition/Commercial-Industrial Transition Activity Node making it compatible for rezoning to PD 1-3. Rezoning would make it possible for the applicant to legally pursue on-site wastewater retention and recycling. The Plinii*+g Staff- recommends approval of the request. Bell continued listing procedures for amending the Land Use Plan and the three reasons for which the Plan may be amended as follows: (1) Because of changed or changing conditions in a particular area or areas of the County (2) To correct an error or omission is the Plan (3) In response to a change in Land Use Policy The applicant cites #1 as his reason for request for amendment and lists several changes of a nonresidential nature which have taken place in the area since the concrete plant was established. A condition not mentioned by the applicant nor brought out in the Central Orange Area Study is run-off from the concrete plant site. It seems logical to assume that runoff has been a condition associated with the concrete plant site since it was established in 1982. Likewise, the recent recognition of . the the runoff as a problem by DEM would seem to qualify as a "changed or changing condition". Pilkey inquired if a letter had been received from Southern Railroad and Bell responded no. Commissioner Marshall inquired if there had been any statement how the amendment, would carry out the intent and purpose of the comprehensive plan as this was not addressed in the application. Bell agreed that this had not been addressed. Hell continued that the procedures for amendments said "should" not "shall" or."must". in that regard. -