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HomeMy WebLinkAbout09-152IZesorution A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS REGARDING APPROVAL OF GENERAL PLAN AMENDMENT AND REZONE GPA-REZ 04N-04, FOR MEAD BROTHERS PARTNERSHIP WHEREAS, on August 27, 2009 in a public hearing the Planning Commission considered General Plan Amendment and Rezone application GPA-REZ 04N-04 for Mead Brothers Partnership, in accordance with Butte County Code Chapter 24, Section 30 (General Plan) and Section 25 (Zoning} and Tentative Subdivision Map application TSM08-0007 in accordance with Butte County Code Chapter 20, on Assessor's Parcel Numbers 039-264-058, 059 and 060; and WHEREAS, by its Resolution 09-33 the Planning Commission made recommendations that the Board of Supervisors approve General Plan Amendment and Rezone application GPA 04N-04 changing the general plan land use designation from OFC {Orchard and Field Crop) to AR (Agricultural Residential) and Rezone REZ 04N-04 from A-40 (Agriculture 40-acre minimum) to SR-1 (Suburban Residential 1-acre minimum} on the land described as Assessors Parcel Numbers 039-260-059 and 060; and WHEREAS, by its Resolution 09-33 the Planning Commission conditionally approved tentative subdivision map TSM08-0007 and required that Lots 1-3 are restricted to development of one residence each only and that Lots 1-3 must take access off of Reinemer Road only; and WHEREAS, conditionally approved tentative subdivision map TSM08-0007 is inconsistent with the current OFC General Plan designation and A-40 zoning district and is not operative or entitled until General Plan Amendment and Rezone GPA-REZ 04N-04 application is approved by the Board of Supervisors; and WHEREAS, in addition to this resolution to approve the change of the general plan land use designation from OFC {Orchard and Field Crop) to AR (Agricultural Residential} on the land described as Assessors Parcel Numbers 039-260-059 and 060, the Board of Supervisors is concurrently considering adoption- of an ordinance to change the zoning district on the same Iand from A-40 (Agriculture 40-acre minimum} to SR-1 (Suburban Residential 1-acre minimum) to ensure that the AR land use designation and zoning district are consistent; and WHEREAS, the application for General Plan Amendment and Rezone GPA-REZ 04N-04 was referred to various affected public and private agencies, County departments, and referral agencies far review and comments; and WHEREAS, a duly noticed public hearing of the Board of Supervisors was held on October 13, 2009; and WHEREAS, the Board of Supervisors has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: I. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects. B. The Board of Supervisors has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Board, including the Initial Study and any comments received, there is no substantial evidence that General Plan Amendment and Rezone GPA-REZ 04N-04 would have a significant effect on the environment. The custodian of the record is the Land Development Division of the Public Works Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verifcation from the California Department of Fish and Game that the project is exempt from the fee requirement. If the required fee is not paid for the project, the project will not be operative, vested or final and any local permits issued for the project will be invalid {Section 711.4 (c}(3)}. III. The Board approves the change in general plan land use designation from OFC (Orchard and Field Crop) to AR (Agricultural Residential} on the land described as Assessor's Parcel Number (APN) 039-260-059 and 060, being located in the unincorporated area of Butte County, more particularly described in EXHIBIT "A" here attached. Said change is based on the following findings: A. In the early 1970s, the +1-3.13-acre APN 039-260-060 "Mead" and +/~1.3- acre "Vidovich" APN 039-260-059 land was segregated off from the balance of a producing almond orchard by Butte County's acquisition of a 60-foot right-off way for the re-alignment of Ord Ferry Raad. The road was realigned for public safety purposes and for increasing the efficiency of traffic movement along that public road corridor. The 3.13-acre project parcel {APN 039-260-060} and one other to the north of the cemetery {APN 039-260-060) were created in their current configuration by approval of Tentative Parcel Map #92-110 on October 12, 1992. That map is conditioned to require that the 3.13-acre "Mead" project parcel {APN 039-260-060) take access off Reinemer Road. Approval of that creating tentative parcel map followed approval by the Planning Commission on April 20, 1992 of Variance #92-OS to the minimum Iot size (40-acre minimum in the A-40 zone} to allow creation of these +/-1.3-acre (APN 039-260-059) and 3.13-acre (APN 039-260-060} parcels, which were separated from the 130.$3 acre parent parcel {APN 039-260-058} by the County's acquisition of a 60-foot right-of--way for the re-alignment of Ord Ferry Road. B. The road re-alignment action described above makes agricultural operations on the 3.13-acre APN 039-260-060 problematic, due to the intervening road, small size of the parcel, and limitations placed upon some agricultural chemical spraying activities in the vicinity of the publicly-maintained Ord Ferry and Reinemer Roads. C. On September 25, 2007 the Board of Supervisors approved a Tentative Immediate Partial Cancellation of Williamson Act Contract, on the 3.13- acre portion of a larger 134acre total Williamson Act contract. The tentative partial immediate cancellation is conditioned on approval of the GPA/REZ 04N-04. The cancellation requires that the rezone of the cancellation property to SR-1 be conditioned to limit future residential development to one residence per conforming parcel. D. The approval of this General Plan Amendment {OFC to AR) and potential Rezone (A-40 to SR-I} on this property is a unique and special circumstance that involves County actions to re-alignment the Ord Ferry Road right-of--way to serve specific public health and safety concerns as described above. Changing the general plan designation and rezoning of the "Vidovich" parcel (1.3 acres} would have no practical effect except to bring the land use and zoning designations into conformity with the current rural residential use on that parcel. Under the SR-1 zoning restrictions this 1.3-acre parcel would not qualify for further division. Ord Ferry Road on the eastern boundary of APN 039-260-059 and 060 and Reinemer Road to the west form definitive boundaries that separate the proposed new AR/SR-1 zone from the larger OFCIA-40 agricultural parcels to the east and west. E. Analysis at this time does not support any other General Plan Amendment or Rezone applications an surrounding lands subsequent to these current applications because other properties are not subject to the same unique and special circumstances created by the Ord Ferry Road re-alignment. The surrounding agricultural properties are composed of larger parcels that are, and will continue to be, viable for camrnercial agricultural production. Such large-parcel properties are not subject to the sazx~e limitations (such as the intervening county roads, small size of the operation, and limitations placed upon some agricultural chemical spraying activities in the vicinity of County roads) that are applicable to APN 039-260-059 and 060. F. Per the detailed analysis found in the Land Uses Section 4.9 of the Initial Study-Mitigated Negative Declaration report, General Plan Amendment and Rezone GPA 04N-04 is substantially consistent with: 1. Applicable Goals and Policies of the Agricultural Element of the Butte County General Plan. 2. Applicable Goals, Policies and Objectives of the 1.992 Durham Dayton Nelson Plan, E X H I B I T I. 3. The Durham Dayton Nelson Planning Area, Urban Reserve Policy. 4. The f ve Conditional Zoning and Development Criteria of the General Plan AR Agricultural Residential designation. 5. The eleven Zoning Factors of the AR Agricultural Residential General Plan land use designation. G. In its conditional approval of tentative subdivision map TSMOS-0007 on this land, the Planning Commission found TSM08-0007 to be substantially consistent with applicable Goals and Policies of the Agricultural Element of the Butte County General Plan, Goals, Policies and Objectives of the 1992 Durham Dayton Nelson Plan, E X H I B I T I, the Durham -Dayton -Nelson Planning Area, Urban Reserve Policy Statement, and General Plan Agricultural Residential Land Use Designation Conditional Zoning and Development Criteria. N. In approving the change in general plan land use designation from OFC (Orchard and Field Crop) to AR (Agricultural Residential) per application GPA-REZ04N-04 on 039-260-059 and 060 for Mead Brothers Partnership the Board also finds the following: A. GPA-REZ04N-04 is consistent with applicable Goals and Policies of the Agricultural Element of the Butte County General Plan as follows: GOAL 2 Conserve and stabilize agricultural land uses at city and community boundaries in order to protect agricultural lands from encroachment and conversion to urban uses. GOAL 3 Support the management of agricultural lands in an efficient, economical manner, with minimal conflict from non-agricultural uses. Policy 3.1 Apply the County's Right to Farm Ordinance to all non- agricultural land use approvals, including building permits, within or adjacent to designated agricultural areas. 1't is standard practice to require that all subdivision maps in areas adjacent to agricultural uses are required to record the County's Right to Farm Agricultural Statement of Acknowledgement. Conditionally approved tentative subdivision map TSM08-0007 on the subject land is conditioned to require modified agricultural buffers in compliance with Butte County Code Section 24-286(c) and (d). Changing the general plan designation and rezoning of the "Vidovich"parcel (.1.3 acres) would have no practical effect except to bring the land use and zoning designations into consistency with the current rural residential use on that parcel. Policy 3.6 Carefully locate residential lands where limited agricultural uses and faun animals are allowed, to avoid conflicts with agricultural operations. The proposed General Plan Amendment and Rezone will likely result in residential uses located near agricultural operations. However, this map is conditioned to require modified agricultural buffers in compliance with Butte County Cade Section 24-286(c) and (d). Conditionally approved tentative subdivision map TSM08-0007 complies with this policy to reduce potential land use conflicts to a less than sign cant level. Changing the general plan designation and rezoning of the "Vidovich "parcel (1.3 acres) would have no practical effect except to bring the land use and zoning designations into consistency with the current rural residential use on that parcel. S. GPA-REZ04N-04 is consistent with the Durham Dayton Nelson (D2N} Plan. This project is located in the area subject to the Durham Dayton Nelson {D2N} Plan, and other policies that restrict growth in this area until urban services are provided. The D2N Area Plan is a component of the Butte County General Plan and was adopted in 1992, covering a planning area located in the west-central part of the county that includes the unincorporated communities of Durham, Dayton, and Nelson. The Plan established area-wide land use policies that provide less potential for future development than had been allowed under the former Durham Area Plan. The D2N plan restricts the development of parcels of less than 3-acres until coordination takes place with all public agencies which provide utility and public services for extension of water, sewer, circulation, drainage and the submission of other requirements which are identified as C. 1-6 in the D2N Urban Reserve Policy Statement. The proposed GPA- REZ project may conflict with some policies of the D2N Plan. In considering these projects, the County must make a determination regarding whether or not this GPA-REZ proposal adequately conforms to the DZN Plan and the Urban Reserve Policy Statement. ,Staff's comments assessing the projects' consistency with these goals, objectives and policies are provided in italics following each item. G GPA-REZ04N-04 is consistent with applicable Goals, Policies and Objectives of the 1992 D2N Plan, E X H I B I T L IV. GOAL: Locate, extend and phase community facilities and services to provide for orderly development and economical utilization of resources. Ensure that growth is orderly and does not result in a significant burden to existing levels of public services and facilities. OBJECTIVE: Provide public services. Encourage a rate of growth which does not exceed the county's ability to provide necessary public services or the ability of the local economy to support such growth. POLICIES: The County shall: 3. Develop a program of growth phasing, wherein only those lands which are adjacent to existing urban densities and have public facilities and services available will be able to develop at urban densities and standards. The County has not yet developed such programs of growth phasing. The County is currently engaged in a General Plan and Zoning Code update process that will result in creation of a comprehensive plan to regulate growth in the County. 4. Foster a compact rather than a scattered development pattern in order to discourage urban sprawl to reduce the extent and cost of public services, and to preserve open space within the Planning Area. The proposed General Plan Amendment and Rezone project would result in a rational extension of the boundaries of the unincorporated town of Dayton. OBJECTIVE: Utilization of resources. 2. Support the continued viability of agricultural production as the major source of income, employment and economic viability of the Planning Area. The applicant contends that the road re-alignment action makes agricultural operations on the 3.13-acre APN 039-260-Ob0 problematic, due to the intervening road, small size of the parcel, and limitations placed upon some agricultural chemical spraying activities in the vicinity of the publicly- maintained Ord Ferry and Reinemer Roads. The owner wishes to end the agricultural operations on the parcel and has received conditional approval from the Planning Commission to subdivide the land into three (3) 1-acre minimum parcels for residential use. TSM08-0007 tentative subdivision map is conditioned to require recordation of the County's Right to Farm Agricultural Statement of Acknowledgement. TSM08-0007 is also conditioned to require modified agricultural buffers in compliance with Butte County Cade Section 24-286{c) and {d). The proposed General Plan Amendment and Rezone can therefore comply with this policy. VIII. GOAL: Ensure that the area's growth is in accordance with the desires and needs of the community, that future developments are safer and healthier as human habitats, more resilient to deteriorating forces, and more consistent or harmonious with natural processes. Conditionally approved tentative subdivision map TSM08-0007 is conditioned to require recordation of the County's Right to Farm Agricultural Statement of Acknowledgement. TPM08-0007 is conditioned to require modifed agricultural buffers in compliance with Butte County Code Section 24-286{c) and {d). The proposed General Plan Amendment and Rezone can therefore comply with this policy. OBJECTIVE: Manage existing and future land use. 1. Promote a growth rate which reflects awell-planned and controlled expansion of the area. The addition of two parcels on APN 039-260-060 with residential use would not have a significant impact on expansion of the area. The projects appear to comply with this objective. POLICIES: The County shall: 1. Concentrate future residential uses within or near the existing developed communities. The location of the property adjacent to the boundaries of the unincorporated town of Dayton indicates that the projects comply with this policy. 3. Establish appropriate growth guidelines which will achieve a balance and relationship between urban expansion and the natural environment. The County has not yet developed such programs of growth phasing. The County is currently engaged in a General Plan and Zoning Code update process that will result in creation of a comprehensive plan to regulate growth in the County. 7. Encourage and maintain agriculture as the predominant land use of the Planning Area. Conditionally approved tentative subdivision map TSM08-0007 is conditioned to require recordation of the County's Right to Farm Agricultural Statement of Acknowledgement. TPM08-0007 is conditioned to require modified agricultural buffers in compliance with Butte County Code Section 24-286(c} and (d). The proposed General Plan Amendment and Rezone can therefore comply with this policy. D. GPA-REZ04N-04 is consistent with the Durham -Dayton -Nelson Planning .Area, Urban Reserve Policy: EXHIBIT II Durham -Dayton -Nelson Planning Area, Urban Reserve Policy Due to the planning and development interrelationships involved with the D2N Area and the balancing of competing land uses such as agricultural versus residential uses, General Plan Amendments, rezones, subdivision approvals and subsequent urban development must include additional criteria of development. In addition, consideration of various elements of the county's policies, plans and standards must occur to ensure proper development of the area. It is to this end that urban reserve policies have been recommended. The plans and policies that are necessary in this context are the following: D2N URBAN RESERVE POLICY STATEMENT Development standards of the County utilized in other urban areas for developments less than one (1} acre shall be utilized for all residential development projects within the Urban Reserve Area. As this project is a proposal for a General Plan Amendment and rezoning (GPA/REZ) which would permit parcels of less than three (3) acres to be created for residential use, submittal of requirements C. 1-6 and E. of the D2N Urban Reserve Policy above would normally be required. However, as discussed in other portions of this report, conversion of 4.43 acres to small parcels took place in the early 1970s due to Butte County's acquisition of a SO foot right-of--way for the re-alignment of Ord Ferry Road for public safety purposes and for increasing the ej~ciency of traffic movement along that public road corridor. The Department of Development Services considers the approval of this General Plan Amendment (OFC to AR), Rezone (A-40 to SR-I) this property to be a unique and special circumstance that involved County actions (re-alignment of Ord Ferry) to serve specific public health and safety concerns as described above. Changing the general plan designation and rezoning of the "Vidovich "parcel (1.3 acres) would have no practical effect except to bring the land use and zoning designations into conformity with the current rural residential use on that parcel. Under the SR-1 zoning restrictions, this .1.3-acre parcel would not qualify for further division. The proposed projects may therefore be found to be consistent with the Butte County D2N Urban Reserve Policy E. E. GPA-REZ04N-04 is consistent with General Plan AR Conditional Zoning and Development Criteria. The Butte County General Plan Land Use Element cites the proposed SR- 1 zone to be only "conditionally consistent" with the proposed Agricultural Residential (AR) General Plan designation. The AR designation allows parcel sizes down to a minimum of 1-acre, but parcels less than 20 acres in size are required to meet the conditional zoning and development criteria. The following five Conditional Zoning and Development Criteria must be met for approval of this project. Staff's comments assessing the projects' consistency with these criteria are provided in italics following each item. 1. Compatible with neighboring agricultural activities. Conditionally approved tentative subdivision map TSMOS-0007 is conditioned to require recordation of the County's Right to Farm Agricultural Statement of Acknowledgement. TPMO8-0007 is conditioned to require modified agricultural buffers in compliance with Butte County Code Section 24-286(c) and (d). The proposed General Plan Amendment and Rezone can therefore comply with this policy. 2. Evidence of adequate water and sewage disposal capacity. The Environmental Health Division will require each lot in conditionally approved TSMO8-0007 to meet the requirements for septic systems found under Appendix YII of the Butte County Improvement Standards. The soils in this area are generally considered adequate for this purpose. Groundwater is generally plentiful in this area for domestic well and agricultural purposes. 3. Availability of adequate fire protection facilities. The closest Butte County Fire Station is Station #45, located approximately 4.5 miles east of the site. Residential development within this zone is required to install automatic fzre protection sprinklers and an all-weather access road that would support a 40,000 lb vehicle load. This requirement is a condition of approval of TSMO8-0007 and is considered feasible for this area. The Butte County Fire Department/CDF considers the potential rezone of this area as having minimal impact to their Department. 4. Adequately maintained approved road access with sufficient capacity to service area. Parcels 039-260-059 + 060 are served for access by Reinemer and Ord Ferry Roads. These roads are County maintained roads which have sufficient capacity to serve the additional parcels that would be allowed by these projects. 5. Reasonable accessibility to commercial services and schools. Commercial services and schools are available in the Town of Durham approximately 4.5 miles to the east and approximately S to .l0 miles to the northeast in the City of Chico. F. GPA-REZQ4N-04 is consistent with Agricultural Residential General Plan Zoning Factors: The Agricultural Residential General Plan designation also includes eleven Zoning Factors that are used in the evaluation of the consistency of zones and choosing the most appropriate zoning classification. The eleven Zoning Factors are as follows. Staff s cornrnents assessing the projects' consistency with these zoning factors are provided in italics following each item. 1. Existing parcel sizes and residential densities. The properties are adjacent to the existing unincorporated town of Dayton, which is developed at higher residential densities (1/~ to .1/3 acre lots) than the proposed project (1-acre lots). The Dayton Cemetery is located an a parcel adjacent to both parcels. Other lands in the vicinity are agricultural in use with much larger parcel sizes (30 - 350 acres). The existing County roads (Reinemer and Ord Ferry Roads) help delineate a logical extension of the SR-I zone located in the adjacent town of Dayton, and form a definitive boundary that will separate the new SR-1 zone from the larger adjacent agricultural parcels. The applicant contends that the County's road re-alignment action makes continuing agricultural operations on the 3.13~acre site problematic due to the intervening road, small size of the operation, and limitations placed upon agricultural chemical spraying activities in the vicinity of County roads. Due to the county's ROW acquisition and road re-alignment actions and the resulting small parcel size, the Orchard and Field Crops general plan and A-40 zoning designations are no longer appropriate for this site. 2. Slope. The site is relatively jlat with no defined drainage courses or depressions. The slope is conducive to both agricultural uses and residential development. 3. Soil conditions and water availability. The Environmental Health Division has determined that proposed lot would be able to meet the requirements for septic systems found under Appendix VII of the Butte County Improvement Standards. The sails in this area are generally considered adequate for this purpose. Groundwater is generally plentiful in this area for domestic well and agricultural purposes. 4. Effects on adjacent uses, crop production, Iivestock grazing, forestry, resources extraction and wildlife habitat. Conditionally approved tentative subdivision map TSM08-OOD7 is conditioned to require recordation of the County's Right to Farm Agricultural Statement of Acknowledgement. TPM08-0007 is conditioned to require modifed agricultural buffers in compliance with Butte County Code Section 24-286(c) and (d). The proposed General Plan Amendment and Rezone can therefore comply with this policy. 5. Proximity to public roads and other public facilities. Parcels 039-260-059 + 060 are served for access by Reinemer and Ord Ferry Roads (039-2bD-D59 only). Both of these roads are County maintained roads which have Buff cient capacity to serve the additional parcels that would be allowed by these projects. 6. Distance from airports, railroads and industrial uses. Airports, railroads and other industrial uses are located within the City of Chico approximately 5 -10 miles to the northeast and do not have any effect on this site. 7. Existing utilities and drainage facilities. The property is currently provided with electrical utility services. According to the Department of Public Works, there are no storm drainage facilities in the area. Public Works staff indicates that there are no drainage problems in the area proposed for rezone. Development of the 3.13-acre parcel may require installation of a storm drainage system, such as a temporary leach trench system. This requirement will he applied if appropriate as a condition of the tentative subdivision map by the Department of Public Works. 8. Potential for surface cracking, landslides and erosion. Refer to discussion of .Initial Study Checklist Item Section 4.6, Geologic Processes for information pertaining to this item. Potential far surface cracking, landslides and erosion on this site is minimal. 9. Effects on noise, traffic flow and safety, water quality, air quality, wildlife habitat and general environmental quality. The implementation of an SR-1 zone on these 4.12 acres is not expected to have any significant impact on noise, traffic flow and safety, water quality, air quality, wildlife habitat or general environmental quality. A total of two additional homes would be allowed within the new SR-1 zones. Ambient noise levels in the area are low and would be acceptable for residential uses. The property is served with access by Ord Ferry Road and Reinemer Road, both of which are County maintained roads have cuff cient capacity to serve the additional parcels that would be allowed by these projects. The proposed SR-1 residential zone would not result in significant sources of discharge to area waterways or the groundwater. The proposed residential zone would not generate significant air quality impacts. The property is not considered wildlife habitat, and there are no adjacent lands devoted to wildlife habitat use. 10. Local desires. Apart from the comments received at hearings on this project, the County does not have information about the local desires of surrounding property owners regarding this proposal. The public noticing and public hearing process associated with reviewing and approving a General Plan Amendment and Rezone projects helps to gauge local desires through public input and comment. 11. Potential for pest insect breeding. Tlae area proposed for the 4.12 acre SR-1 zone does not include any features such as ponds, standing water, sloughs, streams or other riparian feature that would pose a potential for insect breeding such as mosquitoes. However, the conversion of the existing 3.13-acre orchard is likely to result in the infeasibility of maintaining orchard trees with normal weed, pest, and disease control. The conditionally approved Tentative Subdivision Map TSN08-0007 is conditioned for the removal of all remnant orchard trees to eliminate the likelihood that these un-maintained trees would serve as repositories. G. Approval of General Plan Amendment and Rezone GPA-REZ-04N-04 will not impair the integrity and character of the zone in which the land lies, and the resulting uses would not be unreasonably incompatible with, or injurious to surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County. DULY PASSED AND ADOPTED this 13`h Day of October, 2009, by the following vote: AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly NOES: None ABSENT: None ABSTAIN: None Bill Connelly, Chair Butte County Board of Supervisors A TTT(1T_ EXHIBIT A LEGAL DESCR)CPTION OF LAND The land referred to herein on which the Butte County General Plan land use designation is changed to AR Agricultural Residential is described as alI that certain real property situated in the County of Butte, State or California, described as follows: Parcel 1, as shown on that certain parcel map, recorded in the office of the recorder of the county of butte, state of California, on November 25, 1990, in book 128 of maps, at page(s) 80, 81 and 82. AP NO. 039-260-459 Parcel 2 Being a portion of Section 28, T. 21 N., R.1E and all of Parcel 2, as shown on tb.at certain Parcel Map, reeordetl in tl?e Office of the Recorder of the Gouniy of Butte, State of California, in Book 128 ofMaps, at Fages $0, $1, and 82, mare particularly described as follows: BEGAVNIIdG at the northwesterly corner of said Parcel 2; THENCE along the northerly line of said Parcel 2, said line also being the southerly line of Dayton Cemekery as shown on said Parcel Map, South 89°27'43" E$st a distance of X124.66 feet, to the nartheasterlycorner of-said Parcel 2 and a paint on the northv~resterly right-of--way line of Urd Ferry Road; THEI+ICE along the southeasterly line ofsaid Parcel 2 and said northwesterly right-of- way line of said Drd Ferry Read, South 46°2~4'©1" West a distance of 653.29 feet; THENCE, South 47°44'37" West a distance of 91.87 feet, to the southerly ~rner of said Parcel 2; THENCE leaving said northwesterly right of way line of said Qrd Ferry Road, along the southwesterly line of said Par~12, North 43°59'39" West a distance of 56.i 7 to the southwesterly comer of said Parcel 2; THENCE leaKing said southwesterly line of said Parcel 2, North 71°54'32" West a distance of 30.Of1 feet to a point an the centerline of fteinemer Read as shown on said Parcel Map; THENCE along said centerline of said Reinemer Road, North l8°05'28" East a distance of 500.62 feet; AP NO. 039-260-060