Agenda - 08-24-1987 - Laserfiche WebLink

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4 hydrology, flora and fauna, soil conditions, public services/utilities, transportation system, energy use, existing land use, agriculture and forestry, population density, and historic and cultural features. Evaluation of the criteria indicates partial conformity with public services/utilities and nonconformance with existing land use and population density. The Planning Staff recommends denial of the request based upon: (1) the reasons for amendments in the Procedures for amending the Land use Plan are not addressed; (2) conformity with all applicable locational criteria in Section 3 .4 of the Land Use Plan is not demonstrated. The Planning Board will prepare a recommendation on the proposed Land Use Plan amendment at its September 21, 1987 meeting. The Board of Commissioners will consider the proposal for decision on October 5, 1987. THOMAS CHANDLER , President of Chandler Concrete Company, presented background information which led to the request for this Land Use Plan amendment. In late 1984, it was brought to Chandler's attention by the N.C. Department of Natural Resources and Community Development, Division of Environmental Management (DEM) , that environmental problems existed relative to water runoff from the plant site. The water runoff came from washing the trucks as well as runoff of rain water across the land. A meeting with an agent from DEM identified the lowest point on the property where the water would run prior to entering the stream. That point was on the adjoining property which was recently purchased. Mr. Chandler indicated he was not aware that the recently purchased property was not properly zoned for a retention pond and reclamation site. At that point, he secured from the County the proper permits to prepare the site for correction of the environmental problem. It was brought to his attention that the property was zoned Residential-1 and it would not be permissible to operate the retention ponds for the benefit of the commercial property. He petitioned the Orange County Commissioners for a Secondary Land Use Plan amendment and rezoning of the property. After numerous meetings and appearances before the Orange County Planning Board, the final application was for a secondary amendment to the Land Use Plan and a rezoning for a 1.41 acre tract contiguous with the plant. The 1.41 acre tract of land was the minimum area upon which the retention and recycling activity could be performed. Subsequently, the secondary amendment to the Land Use Plan was granted and necessary rezoning and authorization for a Special Use Permit was received. During the public hearing there was much community opposition to the proposal because of a misunderstanding that the plant's operation would be expanded into the residential area. The only intent was to correct the 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