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HomeMy WebLinkAboutORD-2012-040 (Not Approved) An Ordinance Denying an Amendment Request to the Zoning Atlas Dpence Dickinson 9�' '/r-1 z- '00- 55 Ordinance#. QPZI;�-2012 040 Attachment 7 AN ORDINANCE DENYING AN AMENDMENT REQUEST TO THE ORANGE COUNTY ZONING ATLAS AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Spence Dickinson has initiated an amendment to the Orange County ZoninC Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), to rezone a parcel of undeveloped real property, approximately 4 acres in area, locatec north of intersection of Blackwood Mountain Road (SR 2258)and Pathway Court: From: Rural Buffer(RB)and Planned Development Housing Rural Residential(PD-H-R1) To: Rural Buffer(RB) and, WHEREAS, the parcels are further identified through the following legal description: BEGINNING: at an iron pipe, the north west comer of the Common Land, Heartwood at Blackwood Mtn., Phase I as recorded in Plat Book 58 Page 151, Orange County Registry, said point being also in the center line of Pathway Court, a 50' private road right-of-way as recorded in Plat Book 53 Page 172, OCR; thence with the center line of Pathway Court, a curve to the left with a radius of 192.00', a length of 132.14' to an iron pipe; thence a curve to the left with a radius of 125.00', a length of 71.99' to a point; thence North 74 degrees, 01 minutes, 56 seconds West 53.29' to an iron pipe in the center line of Pathway Court and in the center line of a 20' septic easement as shown on a plat recorded in Plat Book 90 Page 181, OCR; thence with the center line of said easement, North 08 degrees, 38 minutes, 57 seconds East 147.30' to an iron pipe; thence North 23 degrees, 01 minutes, 18 seconds West 107.40' to an iron pipe; thence North 78 degrees, 01 minutes, 27 seconds East 219.70' to an iron pipe; thence North 78 degrees, 00 minutes, 32 seconds West 89.00' to an iron pipe in the east right-of-way of the aforementioned Pathway Court; thence North 06 degrees, 48 minutes, 34 seconds East 160.00' to an iron pipe; thence South 78 degrees, 00 minutes, 56 seconds East 157.88' to an iron pipe; thence North 06 degrees, 48 minutes, 34 seconds East 241.88' to an iron pipe in the line of the Waldorf Educational Association of North Carolina; thence with the Waldorf property South 83 degrees, 11 minutes, 31 seconds East 200.00' to an iron pipe; thence with Waldorf property South 06 degrees, 48 minutes, 34 seconds West 419.97' to an iron pipe; thence South 83 degrees, 11 minutes, 26 seconds East 116.40' to an iron pipe; thence North 69 degrees 38 minutes 10 seconds East 102.48' to an iron pipe in the Waldorf line, the north west comer of the Spence Dickinson property as recorded in Plat Book 61 Page 123, OCR; thence with the Dickinson property South 05 degrees, 02 minutes, 44 seconds West 440.11' to an iron pipe in the north line of the aforementioned Common Land, Heartwood at Blackwood 56 Mtn., Phase I; thence North 78 degrees, 11 minutes, 22 seconds West 44.45' to the point and place of beginning and being all of Lot 31, Heartwood at Blackwood Mtn., Phase II as recorded in Plat Book 80 Page 181, and containing 4.003 Acres, more or less. and; WHEREAS, pursuant to Sections 1.1.5, 1.1.7, and 2.8 of the UDO and to Section 153A-341 c the North Carolina General Statutes, the Board finds that the applicant has submitte+ insufficient documentation within the record denoting that the rezoning will cant' out the inter and purpose of the adopted 2030 Comprehensive Plan or part thereo,:and WHEREAS, the Board has found the proposed zoning atlas amendment will not promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County hereby denies th, applicant's request to amend the Orange County Zoning Atlas to rezone the aforementionei parcels to Rural Buffer(RB). BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner , seconded b Commissioner , the foregoing ordinance was adopted thi day of i, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2012 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 2012. SEAL Clerk to the Board of Commissioners