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093 -.- , 2 IL <br /> AGENDA ITEM 110 : MATTERS HEARD AT PUBLIC HEARING - 8/24/87 <br /> a . Land Use Plan Amendment <br /> LUP-1 -87 Chandler Concrete Company <br /> Presentation by Gene Bell . <br /> On October 10 , 1985 , Chandler Concrete Company was <br /> granted a secondary Land Use Plan amendment, Planned <br /> Development rezoning and Class A Special Use Permit for <br /> 1 . 41 acres of land on N . C. Highway 10 . The request was <br /> prompted by State mandated requirements to contain <br /> runoff from the existing concrete plant . <br /> An adjoining property owner subsequently challenged <br /> Orange County ' s approval in court . On December 12, <br /> 1986 , the court ruled that the Special Use Permit was <br /> invalid since the applicant did not meet the required <br /> two-acre minimum lot size standard, and since evidence <br /> had not been presented to indicate the project would <br /> maintain the value of existing properties in the area . <br /> The effect of the court ruling was to place Chandler <br /> Concrete Company in violation of the Orange County <br /> Zoning Ordinance. <br /> To correct its nonconforming status, Chandler Concrete <br /> is requesting that the Ten-Year Transition Area and <br /> Commercial - Industrial Activity Node be expanded by an <br /> additional 0 .59 acres . Combined with the 1 .41 acres <br /> currently in the same designation, the two-acre lot <br /> size requirement could be met. If the proposed Land Use <br /> Plan amendment is approved, Chandler Concrete Company <br /> would submit a Planned Development application for the <br /> entire two acres . Current policy does not permit Land <br /> Use Plan amendment and Planned Development (or <br /> rezoning ) applications to be handled concurrently . <br /> The Procedures for Amending the Land Use Plan state <br /> three reasons for which the Plan may be amended : <br /> ( 1 ) Because of changed or changing conditions in a <br /> particular area or areas of the County; <br /> (2 ) To correct an error or omission in the plan ; or <br /> (3) In response to a change in land use policy . <br /> The plan amendment application does not adequately address <br /> any of these reasons . <br /> Evaluation of a plan amendment also requires conformance <br /> with the locational criteria for the plan designation being <br /> requested as specified in section 3 . 4 of the Land Use Plan . <br /> The criteria include land slope, hydrology, flora and fauna, <br /> soil conditions, public services/utilities, transportation <br />