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~ -. PAGE 3 unknown to Nello Teer, a moratorium on mining permits was passed in February of 1985. Nello Teer was unaware of the moratorium and were continuing to develop their mining °~`~'?. permit. During February and March, Nello Teer spoke with the Orange County Planning ;; Department about developing its mining permit. In March of 1985, Nello Teer set up an appointment with the Planning Department to go over their Special Use application and were given an appointment for April 2. At the meeting of the Board of Commissioners an April 1, mining as a permitted use in the Zoning Ordinance was deleted from same districts and permitted as a special use in AR, Il, I2, and I3 districts. At the meeting with Nello Teer on April 2 they was advised that the .joint Planning process was underway and that the site had been designated as a Rural Industrial activity note. A Comprehensive .Plan was produced that showed this area as a Rural Industrial activity node. Because of apposition it was deleted from the plan and the property became classified not Rural Industrial activity node but rural buffer. In his opinion it went fronn one of the more permissive categories in the plan to the most restricted category in the .plan. What Nello Teer is trying to do is to develop an innovative way to cure the problem they are faced with. The plan that was adopted in 1987 does not permit a reasonable use of their property. In a constitutional sense the property cannot be used for anything. While it may be nice to have a buffer or greenbelt along the interstate, the problem is there are people who own that greenbelt, .including his client, and who think that they ought to have some reasonable use. of their property. This hearing is to talk about a Comprehensive Plan change--to put a crush stone quarry an that property. That is why the request has been made to rezone this property AR. The .reason this area has been chosen is that there is roughly 40 million tons of aggregate reserves on that property. That is a substantial amount of money. Those are valuable, natural resources--natural resources that everyone uses everyday. They are like gold and diamonds to Nello Teer and they desire to mine those valuable natural resources but cannot do so under the current classification. Chairman Carey requested that Mr. Phears limit his discussion and comment to the applicability of a land use change in that particular location. MR. PHEARS continued emphasizing that he wanted to make it clear for the public record why he was here. He stated there is no reasonable use for~the property from the Teers standpoint. The noise readings in the RS are at levels in excess of 80 decimals. The Federal Highways Administration Environmental Impacts Study for I-40 indicates that the noise footprint, the 70 decimal noise footprint, is 500 feet wide on each side of the right-of-way, That eliminates a substantial portion of the Teer property. The EIS tells you that under federal highway guidelines that's an intolerable level of noise for residential development. In addition to the noise, the property has topographic features which include very wet areas, difficult soils to work with, and no water and sewer. Other environmental impacts o£ I-40 deal with noise, visual impact, the general indesirability of it, as well as the concern that everybody has as to what will happen in that corridor. The question is who would spend, what will be 2 to 3 hundred thousand dollars to build out there, because of the development cast and the type of house that has to be put with it, so that they can live next to an interstate with na local services, an intolerable level of noise, no water and sewer, and a drive of S miles to get a loaf of bread. Ne11o Teer believes that the original classification was an error and that the policy underlying the classification ought to be changed. The conditions are such in the area that the Comprehensive Plan had to be changed. He also stated that he is aware that Orange County fought I-40 through that corridor because it was of the belief that I-40 would have adverse environmental impacts. When it became pointless to fight, the property was designated Rural buffer to be the buffer far everyone else. In answer to a question from an unidentified citizen Mr. Phears stated that the Blackwood property was purchased for the purpose of additional buffer for this plan. The