Agenda - 10-05-1987 - Laserfiche WebLink

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£23 E ip ir Evaluation of a plan amendment also requires conformance with the Iocational criteria for the plan designation being requested as specified in Section 3.4 of the Land Use Plan. The criteria Include land slope, hydrology, flora and fauna, soil conditions, transportation system, energy public services/utilities, forestry, population density, usand existing land use, agriculture and Evaluation of the criteria ndicates historic and cultural heapubesc services/utilities and nonconformance withaexistin conformity with public density. g population The Planning Staff recommends denial of the request based upon: (1 ) the reasons for amendmends in the Procedures for amending the Land use Plan are not addressed; (2) conformity with all applicable Iocational criteria in Section 3.4 of the Land Use Plan is not demonstrated. The Planning Board will prepare a recommendation on the Land Use Plan amendment at its September 21 , 1987 meetin Paodosod . Commissioners will consider the proposal for decision on October h5,B1987 .1987. I M __Qd.6NQLEN , 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 their 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. With the agent from DEM, the lowest point was identified where the water would run prior to entering the stream. That adjoining property which was recently point indicated at the was not aware that the recently y Purchased. Mr. Chandler indicated he was a retention y purchased property was not properly zoned the a County the proper and reclamation site. Al- that point he secured from P permits to prepare the site for correction of the environmental problem. It was brought to his attention that the property was zoned Residential and it would not be permissible to operate the retention ponds for the benefit of the commercial property. He petIond the Orange County Commissioners for a Secondary Land Use Plan amendmentiand 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 contigious with the plant. The 1 .41 acre tractoofnlandowas 1-he 4minimumtarrea acre upon which the retention and recycling activity could be Subsequently, the secondary amendment to the Land Use Plan was granted and necessary rezoning and authorization for a Conditional . Use Permit was received. 7--- 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. advised by Planning Staff at that time to seek Chand the was 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.