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HomeMy WebLinkAboutRES-2012-103 NO ACTION - Resolution Concerning Statement of Consistency of a Proposed Zoning Atlas Amendment - Darrell Chandler Conditional Zoning to REDA-CZ-1 G G RES 2012-103 100 Attachment 11 �-o RESOLUTION CONCERNING STATEMENT OF INCONSISTENCY OF A PROPOSED ZONING ATLAS AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN WHEREAS, Orange County has received and processed a petition seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), and WHEREAS, this petition seeks to rezone 12 acre portion of a 35.8 acre parcel of property (PIN 0910-34-5040) to NC Highway 57 Speedway Area Rural Economic Development Area (REDA-CZ 1) Conditional Zoning for the purpose of developing a self-storage facility, and WHEREAS, the portions of property to be rezoned are identified further as follows: PIN 0910-34-5040. Darrell W. Chandler. Deed Book 5329, page 496, Lot A Plat Book 96, page 98, Orange County Registry. Description by William H. McCarthy, Jr., Professional Land Surveyor, License Number L-3248, Summit Design and Engineering Services , 504 Meadowland Drive, Hillsborough, NC 27278-8551. The following description is based on Plat Book 96, page 98 and does not represent an actual field survey. Summit project 12-0191. Physical descriptions of comers shown in parenthesis are for information only and are taken from Plat Book 96, page 98 and have not been recovered or verified. Location of right of way and centerline of Mile Branch Road taken from site plan "Affordable Rougemont Self-Storage-Site Plans" Sheet No. C-2, Summit Design and Engineering Services Project 12-0191, and does not represent an actual survey or location of Mile Branch Road. BEGINNING at a point("Control Corner", "Pipe") at the southwest corner of Lot A Plat Book 96, page 98 referenced above in the southeast right of way of NC Highway 57; thence along and with the southeast right of way of NC Highway 57 N. 41' 00' 38" E. 711.84' to a mathematical point in the west right of way of Mile Branch Road; thence continuing along the southeast right of way of NC Highway with the north right of way line of Mile Branch Road along two (2) courses as follows: (1) N. 41' 00' 38" E. 69.34' to a point ("Pipe") and (2) N. 41° 00' 35" E. 4.72'to a mathematical point in the east right of way of Mile Branch Road; thence leaving the right of way of Mile Branch Road and continuing along and with the southeast right of way of NC Highway 57 N. 41° 00' 35" E. 526.17' to a mathematical point; thence leaving the right of way of NC Highway 57 along five (5) new zoning lines with Darrell W. Chandler as follows: (1) S. 14. 16' 38" E. 1025.32'to a mathematical point, (2) N. 86. 24' 18"W. 165.61'to a mathematical • point, (3) N. 87° 21' 13" W. 252.13' to a mathematical point in the east right of i x x 101 way of Mile Branch Road, (4) N. 87° 21' 13" W. 35.68' to a mathematical point in the centerline of Mile Branch Road and (5) with the centerline of Mile Branch Road along a curve to the left having a radius of 1022.33' an are length of 60.55' (chord bearing S. 31° 17' 04" E., chord distance 60.54') to a mathematical point in the south line of Lot A Plat Book 96, page 98 referenced above; thence with the south line of Lot A Plat Book 96, page 98 along five (5) courses as follows: (1) N. 87° 29' 47" W. 3.59' to a point ("PIC"), (2) N. 87° 11' 02" W. 33.13' to a mathematical point in the west right of way of Mile Branch Road, (3) leaving the right of way of Mile Branch Road N. 87° 11' 02"W. 9.13'to a point("Pipe"), (4) N. 87° 23' 21"W. 280.09' to a point ("Pipe") and (5) N. 87° 24' 05" W. 367.27 to a point ("Control Comer", "Pipe") at the southwest corner of Lot A Plat Book 96, page 98 referenced above in the southeast right of way of NC Highway 57, the place and POINT OF BEGINNING and being all of an area to be re zoned from Orange County Zone AR to Orange County Zone REDA-CZ-1 containing 12.80 Acres. and, WHEREAS, the requirements of Section 2.8 AND 2.9.2 of the UDO have not been complied with, and WHEREAS, pursuant to Sections 1.1.5, 1.1.7, and 2.9.1 (E) of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds that the applicant has not submitted sufficient documentation denoting that the rezoning will carry out the intent and purpose of the adopted 2030 Comprehensive Plan or part thereof Including, and WHEREAS, the Board has found the proposed zoning atlas amendment is not reasonable and is not in the public Interest as it will not'promote public health, safety, and general welfare, BE IT RESOLVED by the Board.of Commissioners of Orange County that the proposed zoning atlas amendment, as described herein, has been deemed to be inconsistent with the goals and policies of the adopted Orange County 2030 Comprehensive Plan, is not reasonable, and is not in the public interest as it will not promote the public health, safety, and general welfare, and the BOCC hereby adopts this statement of inconsistency signifying same. Upon motion of Commissioner , seconded by Commissioner the .foregoing ordinance was adopted this day of , 2012. 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 r. 102 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