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Home My WebLink AboutORD-2008-107 - Zoning Atlas Amendment Rezoning - 4115 Old NC 10 JonesORANGE COUNTY BOARD OF COMMISSIONERS AND ~ ~ '~ - ~~ ~ ~ ~ ~ d PLANNING BOARD ~ ~ - a `~~ ~' ~ QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT 3 C Meeting Date: November 24, 2008 ~ /~ Action Agenda Item No. C.3 SUBJECT: Zoning Atlas Amendment (Rezoning) - 4115 Old NC 10 (Jones) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): 1. Rezoning Application 2. Map of the subject property 3. Mail out Certification / Letter to Adjoining Owners 4. Statement of Consistency 5. Resolution of Rezoning Approval 6. Statement of Inconsistency 7. Resolution of Rezoning Denial INFORMATION CONTACT: Name, Phone Number Craig Benedict, Director 245-2592 Michael D. Harvey, Planner 245-2607 PURPOSE: To hold a public hearing in order to receive public comments concerning on a petition submitted by both Planning staff and the property owner, Mr. and Mrs. Dennis and Tracy Jones, to rezone 4115 Old NC 10 (TMBL 5.26.:40 /PIN 9893-00-8606). BACKGROUND: The property in question is approximately two point eight (2.8) acres in area, is located within the Eno Township, is zoned EC-5 Lower Eno Protected Watershed Overlay District, and is designated as being within the Rural Residential land use category as detailed within the Comprehensive Plan. PETITION REQUEST: Staff and the properly owner are requesting that the properly be rezoned: From: Existing Commercial Five (EC-5) To: Rural Residential One (R-1) EXISTING LAND USES: The subject property is utilized to support asingle-family residence. SURROUNDING LAND USES: NORTH: Across Old NC 10 there are several properties zoned R-1 with one (1) parcel zoned EC-5. The area is predominately comprised of single-family residential land uses including a mobile home park. SOUTH: Property to the south is zoned R-1. EAST: Property to the east is zoned R-1 and includes the Weldon Ridge single-family residential subdivision. WEST: Property to the west is zoned R-1. There are several single-family residences to the west of the property. REASON FOR ZONING ATLAS AMENDMENT: The Eno Township was initially zoned on March 2, 1970 and the subject property was zoned General Commercial Four (GC-4). In 1981, the County adopted the Comprehensive Plan that established various land use categories indicating where .acceptable types of development, residential versus non-residential, were permitted throughout the County. In 1982, the County created the Existing Commercial Five (EC-5) zoning district. The purpose and intent of the district, as detailed within Section 4.2.12 of the Orange County Zoning Ordinance, was: .... to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses or in zoned townships, to previously zoned commercial property which is not locafed in areas designated as Activity Nodes by the adopted Comprehensive Plan. At the same time the County initiated a Zoning Atlas amendment of this, and other similar properties, to change their zoning designation to EC-5 in order for them to be consistent with the objectives and policies of the Comprehensive Plan. As part of a comprehensive review of the existing Orange County Zoning Atlas, staff identified several EC-5 zoned properties that did not appear to have anon-residential land use operating from the property. The Jones' properly was one (1) of these properties. In discussing this matter, staff was informed by the applicant that they were unaware the property in question was zoned EC-5 and that they have no interest or intention in developing or operating a commercial land use on their property. Through this petition they are requesting to. have the property rezoned to an appropriate.residential zoning designation. ZONING OFFICER ANALYSIS: As required under Section 20.3.3 of the Orange County Zoning. Ordinance, the Zoning Officer is required to: `cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners'. In analyzing this request, the Zoning Officer offers the following information: ~1. The application is deemed to be complete in accordance with the provisions of Article Twenty (20) of the Zoning Ordinance, 2. The applicants have informed staff that they -have no interest, or intent, in developing/operating a commercial land use from the property and would like to have the property rezoned to an appropriate residential zoning designation, 3. The Zoning Officer has concluded that the request is reasonable and consistent with the goals of the Comprehensive Plan, which has the area designated as Rural Residential. NOTIFICATION PROCEDURAL REQUIREMENTS: In accordance with Article Twenty (20) of the Zoning Ordinance, the Zoning Officer hereby certifies: 3 1. Staff caused a notice of the public hearing, indicating that this rezoning petition would be reviewed by the Board of County Commissioners, to be published in accordance with the requirements of the Ordinance, 2. Staff notified all adjacent property owners, within five hundred (500) feet of the subject property, of the submittal of the rezoning petition and informed them of the date and time of the public hearing via certified mail, 3. Staff posted a sign on the subject property providing notice of the public hearing. Attachment Three (3) of this abstract contains: 1. ~ A list of property owners notified by letter, 2. A copy of the letter mailed to adjacent property owners informing them of the public hearing, and 3. A copy of the Certification of Mailing. ZONING OFFICER RECOMMENDATION: Staff recommends approval of the rezoning request, seeking to rezone the property to Rural Residential One (R-1 ), based on the following: 1. The request proposes to eliminate an EC-5 zoning designation on a parcel of property where there is currently no commercial land use operating, 2. The owners have no interest in developing anon-residential land use on the property, 3. The request would establish a zoning designation, and allow for potential future development, that is consistent with existing development trends within the area as well as the various goals and policies of the Comprehensive Plan, FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined the approval of the request will not create the need for additional funding for the provision of County services. RECOMMENDATION: The Zoning Officer recommends the Board: 1. Receive the rezoning petition, 2. Conduct the public hearing to hear and consider public comment, 3. Refer the matter to the Planning .Board for a recommendation to be returned to the County Board of Commissioners no later than January 8, 2009, and 4. Adjourn the public hearing until February 2, 2009 in order to receive and accept the Planning Board's recommendation. CURRENT PLANNING DIVISION Orange County Planning & Inspections P.O. Box 8181 Hillsborough, NC 27278 919 245-2575 FAX 919 644-3002 J~+2 GLr x'12 s~ Application For s General Use District Zoning Atlas Amendment 1. I (We} ~ ~ Owner of ~, ~.S [~Ld ly C.1 D~. ~~ Street Address City State Zip Code do hereby petition to amend the Zoning Atlas of Orange County. CASE# Telephone 2. By reclassifying from the Zoning District ~G'.S to the Zoning District !~- l 3. The property located ~ ~~ ~ a ~ ~<< < ~ and having frontage(s) along bordering streets as follows ~~o ~G t e 0. ~ o~ ~ t~ tan ntt ~ L O 4. Containing oZ a D ~ acres. . TMBL(s~ ~ p~~- w~~ PIN #(s)~. Q~~~ - ~~ '~ 0.Dl Jl b Street Address Attorney or Agent 6. 7. I (VJE) UNDERSTAND THIS IS A PETITION FOR GENERAL USE DISTRICT ZONING, AND I (WE) MAY NOT REFER ETTHER IN THIS PETITION OR AT ANY HEARING RELATED TO SAID PETITION TO ANY USE INTENDED FOR THE CASB SITE NOR TO ANY SPECIFIC DETAILS CONCERNING THE DEVELOPMENT OF SAID SITE. -_--...~ Owners} Signature(s): we acknowledge general use and planned development zoning and he v' 8. If petition is executed by property owner, but an attorney or agent will handle public speaking, etc., please indicate: City State 9 Zip Telephone Notification signs will be prepared and posted by the Planning Staff when the rezoning application is scheduled for Pablic.Hearing. The required legal advertising is also handled for you by the Planning Staff. PLEASE MAKE AN APPOINTMENT FOR SUI3MITTAL OF YOUR APPLICATION IMPORTANT: Only Applications with o, ris+inal signatures are considered eomplete. Faxed Applications NOT accepted. G.~CurteM Plmtdng DivisionlFomulGeners) Use App Form.doe CN ~ V~ p~1 1 A~'hM Vt'G^~ IH~'' Vr rK _ ~ 1 ' ~ .~~ -.~~_. ~ `w• vj F*`` ~~ ~ Y~ ~. y .. / .: t n ~; ~. F % ~+! ~ ,,..~ e 8 + x ?~£ ~ ~ ' ' ~ ' 6 s * ~i . ~' x .~ 0 4 ~ .~ ~ ~ f ~Jr x g 11 ' ~ SY+ . . ~ ~F ~ ,~i ~, ~ "`666 F ~ :.. 4 e ~ , ~1 „ tea, # ''Y~i ! ,~ :~. ~ yS t , s~~ $ B Q / . ~JWra:: x... r.+ vs.ir.n. ~.:._.:..._:.x Y..~:: 1 Sub e! ct Propel 4115 Old NC 10 IN g$93-00-8606) 26..40 ~ P -® (TMBL 5. from Orange C°ran>Y shown on this maP is obte~n~ G~$ and is qor referen ~~~ sn pVlan~ins ¢ i"S~`~n'. erect IocaOroo~ssd y pr n9e County 110 2i Map P~ .~ 0 E ~« ~ .!ONES OCY LYNN ~. 1p0YRF1O°dPlmntE~~"s~ti~~ 1 tnch = 542.05 feet and Tw'` NC 10 ~` `' 0fedive pq~0y07f pURt1AM, NC 27705 ~ zorvng ~QOdway ( Vin tEifedVVe oypymy P~ ~Jr City t}nrHS ~ 5ppYRF1c°dP .,., , - " ., meter Feawre ~ TpNnst>iP T ETJ ~ gud~n9s ~,,, USGS ~ .1 ~~ ~,dary ~-,l~ ~Easem'eMs /./" Sals Survey y,~ter Feature ., Sdwoi SY ~ ~ yy Others ~U~~~~Featue "v ett_..- ~~~ Oou~Y ~ ~~~auon Eesettren Water Body ---'" CournY 3't' River Basins :+• .+ 5dls ~/+latershad ..~ . a P N- 9gg3-00-4 606 Vic„ 4115 Old NC 10 Orange County PIN: Orange County TMBL: TRACT Number: 9893-00-8606 5.26..40 500483 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 Old 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. ~uNpING --~" pND BURR _ AP ~F PROPERTY rHMENT TWV~ (2) M .V '. yr Yom,,.. :.r. Park M Mobile Home 4 and ~„ e,~y; Subject Prof 4115 Old NC ~ 0 9693-00"~06j 5,26..40 ~ piN y I (TMBrr .Pare .~.- ,,, ~~~~F~ture "~~--,Tovm°hW ry ~~ s Survey y~aler Fea/ue '~ : r i ~ Sdw~ SYstem Ba~'da /,~" ~ UP~~ Stec FeeRUre t; s., ~ tours F~~~ Y,gtarBodi ~_._: ~punty ~gaslns 't«~` Spfis Y~~ ~~~ I p° `~ 71 ~ ~ 1pp YR FlDOCiP~n (ERedive OTJO?~ (Etfe~ py0?J071 Zod^9 Fl~dwsY din l~~,re o~~ R-; qty Limits ~ ypp YR F dstg- f.,1 E~~ ~getnenla ~ ~ ~ ~~ ~ ~~~ ~~~ 29u ~- t 'n-feet ~,. e.,, A--~{c~Gcrne~-~ 3 9 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director ~onntp o[ ®' , Current Planning ~~` i °°~ 306E Revere Road (919) 245-2575 ,: s P O Box 8181 {919} 644-3002 (Fax) Hillsborough, www.co.orange.nc.us ~ ~"°~r~ ~.~~~`"~ North Carolina, 27278 CERTIFICATION OF MAILING ZONING ATLAS AMENDMENT ORANGE COUNTY, NORTH CAROLINA I, Michael D. Harvey, Zoning Enforcement Officer with Orange County, North Carolina, DO HEREBY CERTIFY that in accordance with the provisions of Article Twenty (20} of the Orange County Zoning Ordinance I have mailed, or have caused to be mailed, by certified mail a Notice of Public Hearing to be held regarding the processing of a Zoning Atlas Amendment petition initiated by Planning Staff and the property owners, Mr. and Mrs. Dennis and Tracy Jones, to rezone a parcel of properly at 4115 Old NC 10 {TMBL,5.26..40 / PIN 9893-00-8606} from Existing Commercial Five (EC-5) to Rural Residential One (R-1 ). The owners were identified according to the Tax Records and as required by Article Twenty (20}, of the Orange County Zoning Ordinance. The mailed notice specified the date, time, place and subject of the Public Hearing. WITNESS my hand, this 7th day of November 2008. ~...... AI<S. Mi ael D. Harve ZO Zoning Enforceme t Officer 10 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AtCP, Director Current Ptarrning (919) 245-2575 (919j 644-3002 {FAx) www.co.orange.nc.us November 7, 2008 30fiF Revere Road P O Box 8181 Hillsborough, North Carotins, 27278 NOTICE OP PUBLIC HEARING TO REVIEW A REZONING PETTTION In accordance with Article Twenty (20) of the Orange County Zoning Ordinance, please accept this letter as written notice that the Orange County Planning Department and Mr. and Mrs. Dennis and Tracy Jones, the property owners, have petitioned the Orange County Board of Commissioners to rezone a two point eight (2.8} acres pazeel of property at 4115 Old NC 10 (TMBL 5.26..40 /PIN 9893-00-8606 -please see attached map for more detail): FROM: Existing Commercial Five (EC-5) TO: Rural Residential One (R-1) The Orange County Board of Commissioners is scheduled to review this request during a PUBLIC HEARING scheduled for Navember 24; 2008 at 7:30 p.m. in the F. Gordan Battle Courtroom located at 106 East Margaret Lane in the Town of Hillsborough According to County Tax Records, you own property within five hundred (504) feet of the subject property. As a result, you have the right to express any and all concerns, or support, concerning this request. This Notice is being sent to inform you of the rezoning request and invite you to attend the PUBLIC HEARING on November 24, 2008. If you would Tike more information on the proposal, or have any questions, please contact staff at (919) 245-2607. Mic el D. Harvey A ZO Zoning Enforcement Officer Orange County Planning Department ®® r=r•e ~~ EC5 Lowey Eno Property subject to the rezoning R1 JONES DENNIS LEE and TRACY LYNN 4115 OLD NC 10 DURHAM, NC 27705 oats sham on U9s map is obtained tram Orange Caunry GIS and Is for reference oNy. Exact locations and boundaries should be field Vedfled. Map prepared by Orange County PlanMng R inspections. w440 Fee I inch @277;44 feet .. •• ~•.. 0~ 4 PIN: 9893-00-8606 0 TMBL: 5.26..40 ~„~ ~~~,~ 12 WT and Denitia Rigsbee 4007 Old NC 10 Durham, NC 27705 Jennifer Sharpe 4106 Old NC 10 Durham, NC 27705 Ola Evans 4200 Old NC 10 -Box 15 Durham, NC 27705 Christopher. and Jamie Spatola 212 Weldon Ridge Road Durham, NC 27705 WT and Denitia Rigsbee 4007 Old NC 10 Durham, NC 27705 Jennifer Sharpe 4106 Old NC 10 Durham, NC 27705 Ola Evans 4200 Old NC 10 -Box 15 Durham, NC 27705 :hristopher and Jamie Spatola 212 Weldon Ridge Road Durham, NC 27705 Robert and Barbara Robertson 4019 Old NC 10 Durham, NC 27705 Steven and Kelly E11is 4112 Old NC 10 Durham, NC 27705 Edward Underwood Senior Heirs 6306 Schley Road Hillsborough, NC 27278 Ami Offenbacher 4118 Old NC 10 Durham, NC 27705 Weldon Ridge Home Owners Assoc. Jon and Janet Arvik 1507 Tyler Court 213 Weldon Ridge Durham, NC 27701 Durham, NC 27705 Robert and Barbara Robertson 4019 Old NC 10 Durham, NC 27705 Steven and Kelly Ellis 4112 O1dNC 10 Durham, NC 27705 Edward Underwood Senior Heirs &306 Schley Road Hillsborough, NC 2727$ Ami Offenbacher 4118 O1dNC 10 Durham, NC 27705 Weldon Ridge Home Owners Assoc. Jon and Janet Arvik 1507 Tyler Court 213 Weldon Ridge Durham, NC 27701 Durham, NC 27705 S Page 1 of 1 13 Orange County r-- Summary Information ~ ~^P~ 'PIN#: 9893006120 ' TMBL#: 5.2b..41 TRACT#: SOOS9S Tax Account: 12274 Street Address: 4007 OLD NC i0 Owner; RIGSBEE W T Additional Owner: & DENITIA S Mailing Address: 4007 OLD NC 10 Mailing City: DURHAM Mailing State/Zip: NC,27705-8505 Legal Description: S/S SR 1710 Legal Description 2: Assessed Land Size: A37.1 Rate Coda: ~ 09 Land Value: $272493 Building Value: $27526 Total Valuation: $55671 ' Page 1 of 1 14 Orange County Summary Information PTN#: 9893002757 TMBL#: 5.26..41 A TRACT#: 532319 Tax Accounfi#: 105610 Street Address:. 411 i OLD NC 10 Owner: ~ ROBERTSON ROBERT F Additional Owner: & BARBARA J Mailing Address: 4019 OLD NC 10 Mailing City: DURHAM Mailing State/Zip: C,27705-8505 Legal Description: # i ROBERT ROBERTSON & BARBARA Legal Description 2: P30/121 Assessed Land Size: A0.92 Rate Code• 09 Land Value: $29263 Building Value: $0 Total Valuation: $29263 Page 1 of 1 15 Orange County Summary Information p~#: ~ 9893014127 TMBL#: 5.26..39 TRACT#: 500734 Tax Account: 294114 Street Address:. 4010 OLD NC 10 Owner: DERWOOD EDWARD L SR HRS Additional Owner: Mailing Address: 6306 SCHLEY RD Mailing City: HILLSBOROUGH Mailing State/Zip: NC,27278-7819 Legal Description: N/S OLD NC 10 & S/S RAILROAD Legal Description 2: P/O TR 1 J W TUCKER P4/106 Assessed Land Size: ~ A9.5 Rate Code: 09 Land Value: $99608 Building Value: ~ $56244 Total Valuation: $155852 Page 1 of 1 16 Urange County Summary Information PIN#: 9893007927 TMBL#: 5.2&..38 TRACT#: 500783 Tax Account: 303793 Street Address: 4106 OLD NC 10 Page 1 of 1 17 Orange County Summary Information p~#; 9893018050 TMBL#: 5.26..37A TRACT#: 530645 Tax Account: 133661 Street Address: 112 OLD NG 10 Owner: ELLIS STEVEN M Additional Owner: & KELLY D Mailing Address: - 4112 OLD NC 10 Mailing City: DURHAM Mailing State/Zi : C,27705-8506 Le al Description: # 1 ZOLLIE S MARSHALL PROP Legal Description 2: ~ P42/61 Assessed Land Size: A1.44 Rate Code: 09 Land Value: $39440 Building Value: $3I036 Total Valuation: $70476 Page 1 of 1 18 Orange County Summary Information Mailing Address: 4118 OLD NC HWY 14 Mailing City: DURHAM Page 1 of 1 19 Orange County Summary Information p~#; 9893111070 TMBL#: 5.26..36 TRACT#: 500484 Tax Account#: 11139 Street Address: 4200 OLD NC 10 pier; EVANS OLA M HUNT Additional Owner: Mailing Address: 4200 OLD NC 10 BOX 15 Mailing City: DURHAM Mailing State/Zip: NC;27705-9665 Legal Description: /W SR 17 i 0 Legal Description 2: Assessed Land Size: A3.16 Rate Code: ~ 09 Land Value: $104912 Building Value: $68039 Total Valuation: $172951 Page 1 of 1 20 Orange County Summary Information PIN#: 9893105196 TMBL#: 5.26A..13 TRACT#: 571947 Tax Account: 288755 Qwner: WELDON RIDGE HOMEOWNERS Additional Owner: ASSOCIATION INC Mailing Address: 1507 TYLER CT Mailing City: DURHAM Mailing State/Zip: C,27741 Legal Descri tion: C WELDON RIDGE P99/58 Legal Description 2: Assessed Land Size: A3.24 Rate Code: 09 Land Value: $1 Building Value: $0 Total Valuation: $1 Page 1 of 1 21 Orange County Summary Information PIN#: 9893105540 TMBL#: 5.26A..7 TRACT#: ~ 571941 Tax Account#• 298532 Street Address: 213 WELDON RIDGE DR Owner: ARVIK SON H TRUSTEE Additional Owner: & JANET M ARVIK TRUSTEE *Note: INTEREST OWNERS EXIST Mailing Address: 213 WELDON RIDGE DR Mailing City: DURHAM Mailing State/Zip: ~ C,27705 Legal Description: 7 WELDON RIDGE P99/58 Legal Description 2: Assessed Land Size: A0.92 Rate Code: 09 Land Value: $115515 Building Value: $2b2783 Total Valuation: $378298 Page 1 of 1 22 Orange County Summary Information PIN#: 9893105237 TMBL#: 5.26A..6 TRACT#: 571940 Tax Account: 297264 Street Address: 212 WELDON RIDGE DR Owner: SPATOLA CHRISTOPHER Additional Owner: & 3AMIE Mailing Address: 212 WELDON RIDGE DR Mailing City: DURHAM Mailing State/Zi NC,27705 Legal Descri tion: 6 WELDON RIDGE P99/58 Legal Description 2: Assessed Land Size: A0.92 Rate Code: 09 Land Value: $115515 Building~Value: $260710 Total Valuation: $376225 ---,~t~_~___~_,~r .-. ATTACHIVIENT FOUR (4) -Statement of Consistency: STATEMENT OF CONSISTENCY OF THE ORANGE COUNTY BOARD OF COUNTY COMIVIISSIONERS PURSUANT TO NORTH CAROLINA GENERAL STATUTE 153A-341 REGARDING A APPLICATION OF AMENDMENT TO THE ORANGE COUNTY ZONING ATLAS FOR DENNIS AND TRACY JONES Orange County has received and ~ reviewed the application of Dennis and Tracy Jones, (the "Applicant") to amend the Orange County Zoning Atlas to rezone a two point eight (2.8) acre parcel of real property from Existing Commercial Five (EC-5) to Rural Residential One (R-1). The parcel is identified more particularly in the application for amendment submitted by the Applicant. The Orange County Board of Commissioners has determined that the amendment requested if approved will be consistent with Orange County's adopted comprehensive plan, and the Board of Commissioners proposed action on the amendment applied for is reasonable and in the public interest for the following reasons: 1) The proposed Amendment will allow for the development of a parcel of property within the County consistent with existing overall policies and development strategies embodied within the Orange County Comprehensive Plan,. Adopted by the Orange County Board of Commissioners this day of 2008. Ayes: Noes: 23 Donna Baker, Clerk to BOCC ATTACHMENT FIVE (5) -Resolution of Rezoning Approval RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROVE AN ORDINANCE FOR A ZONING ATLAS AMENDMENT FOR A REZONING PETITION SUBMITTED BY DENNIS AND TRACY JONES Date: Applicant/Owner: Dennis and Tracy Jones 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 Jones, (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 Old 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 appropriateness of the Application: 1. That the Application is complete in accordance with the submittal ,requirements detailed within Article Twenty (20) of the Ordinance, specifically Section 20.3.2; 2. That pursuant to Section 20.3.2 (e) of the Ordinance, the Board finds that the Application will carry out the intent and purpose of the adopted Comprehensive Plan or part thereof including, but not limited to, the following: a. The purpose, intent, and goals of the Growth Management System adopted by the BOCC in 2003. 25 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 6ATTACI-IMENT SIX (6) -Statement of Inconsistency: STATEMENT OF CONSISTENCY OF THE ORANGE COUNTY BOARD OF COUNTY COMIVIISSIONERS PURSUANT TO NORTH CAROLINA GENERAL STATUTE 153A-341 REGARDING A APPLICATION OF AMENDMENT TO THE ORANGE COUNTY ZONING ATLAS FOR DENNIS AND TRACY JONES Orange County has received and reviewed the application of Dennis and Tracy Jones, (the "Applicant") to amend the Orange County Zoning Atlas to rezone a two point eight (2.8) acre parcel of real property from Existing Commercial Five (EC-5) to Rural Residential One (R-1). The parcel is identified more particularly in the application for amendment submitted by the Applicant. The Orange County Board of Commissioners has determined that the amendment requested if approved will be inconsistent with Orange County's adopted comprehensive plan, and the Board of Commissioners proposed action on the amendment applied for is not reasonable and not in the public interest for the following reasons: 1) That pursuant to Section 20.3.2 (e) of the Orange County Zoning Ordinance, the Board finds that the proposed Zoning Atlas amendment will not carry out the intent and purpose of the adopted Comprehensive Plan or part thereof 2) That the Board finds that the proposed amendment will result in land uses that are not similar to existing development as the existing land uses surrounding the project are residential in nature. Adopted by the Orange County Board of Commissioners this day of 2008. Ayes: Noes: Donna Baker, Clerk to BOCC ATTACHIVIENT SEVEN (7) -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: Applicant/Owner: Dennis and Tracy Jones 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 Old NC 10 (SR 171 b)) 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: 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 Flan or part thereof. 27 2s This Ordinance shall become effective upon approval. Adopted by the Orange County Board of Commissioners this day of 2008. Ayes: Noes: Donna Baker, Clerk to BOCC