ORD-2009-013-Zoning Atlas Amendment Rezoning -4115 Old NC10 Jones

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ATTACHMENT FIVE (5) -Resolution of Rezoning Denial: RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS TO DENY AN ORDINANCE FOR A ZONING ATLAS AMENDMENT FOR A REZONING PETITION SUBMITTED BY DENNIS AND TRACY JONES Date: ApplicantlOwner: Dennis and Tracy Jones 0 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") and the Orange County Zoning Atlas {the "Atlas"), submitted by Dennis and Tracy Lee, (the "Applicant) to amend the Ordinance and Atlas by rezoning those certain parcels of property described more fully below: FROM: Existing Commercial Five (EC-5) TO: Rural Residential One (R-1) The property is further identified by the following legal description: BEGINNING at a stake located at the intersection of the south side of the Hillsborough University Road with the centerline of an abandoned road known as the old Durham and Hillsborough Road (now OId NC 10 {SR 1710)) as shown on a plat and survey hereinafter referred to, and running thence with the centerline of the said old Durham and Hillsboro Road South 76° 10' West 747 feet to a stake in the center of said road; thence North 17° 30' East 362 feet to the south side of Hillsboro-University Road; thence with the south side of said Hillsborough-University Road South 74° 50' East 666 feet to the BEGINNING, containing 2.8 acres, more or less, and being a portion of the property described in Deed Book 120 at page 369, Orange County Registry. In accordance with the Ordinance, the Board hereby makes the following findings as to the denial of the Application: 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.