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HomeMy WebLinkAboutRES-2008-088 Resolution to Deny an Ord Zoning Atlas Amendment Rezoning Petition Vernon DavisAT'TACIIlvIENT SEVEN ('~ - Resolution of Rezoning Denial: 1' `~~~`~~0~~ b~39 //- 02~! `~o~' e,• T RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS TO DENY AN ORDINANCE FOR A ZONING ATLAS AMENDMENT FOR A REZONING PETITION SUBMITTED BY VERNON DAVIS Date: The Board of County Commissioners for Orange County (hereafter "BOCC" or "Board") herby approves an Application For Amendment (the "Application") to the Orange County Zoning Ordinance (the "Ordinance's and the Orange County Zoning Atlas (the "Atlas") submitted by Vernon Davis (the "Applicant") to amend the Ordinance and Atlas by rezoning those certain parcels of property described more fully below: FROM: Agricultural Residential (AR) TO: - Neighborhood Commercial Two (NC-2) The property is further identified by the following legal description as provided by the Applicant within the Application: BEGINNING at a point in the western right-of-way of White Cross Road (S.R. 1952) the southeast corner of property of Vemon P. and Barbara S. Davis acquired by deed recorded in the Orange County Registry in Book 419 page 32, a northeast corner of Lot 1 as shown on the plat hereinafter referenced, an iron stake. Then with the western right-of--way of White Cross Road, S 058-59'-04" W 151.01 feet to a new point, an iron. stake. Then leaving the right-of--way, a new line N 818-00'-56" W 153.98 feet to a new point, an iron stake. Then another new line, N 108-38'-47" W 272.79 feet to a new point in the southern right-of--way of North Carolina Highway 54, an iron stake. Then with the southern right-of--way of N.C. 54 counter- clockwise along the arc of a curve having a radius of 3879.42 feet an distance of 164.92 feet (chord: S 848-23'-26" E 164.91 feet) to a point, an existing iron stake. Then continuing with the right-of--way, S 468-02'-16" E 20.48 feet to the northwest corner of the previously mentioned Davis property, an existing iron stake,. Then with Davis S 078-14'-04" W 104.18 feet to a point, an iron stake. Then. continuing with Davis, S 818-14'-50" E 81.04 feet to the point and place of Beginning, containing 1.04 acres more or less, and being the northeastern portion of Lot 1 as shown on the plat of survey by ENT Land Surveys, Inc. entitled "Property of Vemon P. Davis and Barbara S. Davis" dated August 29, 1996 and recorded in the Orange County Registry in Plat Book 76 page 179. 40 In accordance with the Ordinance,.the Board hereby makes the following findings as to the denial of the Application: 1. That pursuant to Section 20.3.2 (e) of the Ordinance, the Board finds that the Application will not carry out the intent and purpose of the adopted Comprehensive Plan or part thereof. This Ordinance shall become effective upon approval. Adopted by the Orange County Board of Commissioners this day of 2009. Ayes: Noes: Donna Baker, Clerk to BOCC