TITLE
Title
A LEGISLATIVE HEARING FOR UDO TEXT AMENDMENT CASE #24-08-PLBD-00092: AN AMENDMENT TO MODIFY ARTICLE 3 (PERMITS AND PROCEDURES), SECTION 3.5.V TO ADJUST NOTICE AND HEARING REQUIREMENTS AND TERMINOLOGY REGARDING “TEXT AMENDMENTS” AND MAKE A GLOBAL ADJUSTMENT TO TERMINOLOGY USED FOR PUBLIC HEARINGS FOR LEGISLATIVE AND QUASI-JUDICIAL DECISIONS TO ALIGN WITH LANGUAGE ADOPTED UNDER TEXT AMENDMENT CASE #23-06-PLBD-00053 TO MODIFY ASSOCIATED NOTIFICATION REQUIREMENTS
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SPONSOR
Sponsor
J. Leslie Bell
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BACKGROUND
Background
On September 11, 2024, the Planning staff presented amendments (draft minutes attached) to Article 3 (Permits and Procedures) of the Guilford County Unified Development Ordinance (Referenced as Subsection 3 in Chapter 15 of the County Code of Ordinances) to the Planning Board for consideration. The amendment will modify Section 3.5.V regarding hearing and public notification procedures and terminology specific to text amendments. Also, it will amend the UDO to globally change the nomenclature for “public hearing” to “legislative hearing” in reference to legislative decisions and where applicable distinguishes legislative hearings from evidentiary hearings (as needed) consistent with NCGS 160D.
The purpose of the amendment is to align with modifications to Section 3.2.D, Public Notice Procedures, and Table 3.2, Public Notification Requirements, under Text Amendment Case #23-06-PLBD-00053, adopted by the Guilford County Board of Commissioners on May 16, 2024. With the Planning Board’s scheduling of a public hearing for a proposed text amendment optional, this change reflects the Planning Board’s ability to hold legislative hearings for text amendments on a case-by-case basis, as needed, as part of its statutory advisory role per NCGS 160D (i.e., some text amendments are driven by action of the NC General Assembly).
The following amendments are proposed:
•Amend Section 3.5.V.2.d(1) to change the wording in the first sentence as follows: “…the Guilford County Planning Board shall may hold a public legislative hearing to consider the proposed amendment.”
•Amend Section 3.5.V.2.c(1) to revise text as follows: “The Planning and Development Director shall review the application, prepare a staff report, and notice set a legislative public hearing (if provided) per Section 3.2 and Table 3.2, Public Notification Requirements, and provide a recommendation to the Planning Board.”
•Amend Section 3.5.V.2.c(2) to revise text as follows: Necessary research may be required for an application for a text amendment. Presentation of an application and recommendation to the Planning Board The public hearing may be delayed to account for…
•Amend entirety of Section 3.5.V to change the nomenclature for “public hearing” to “legislative hearing” in reference to legislative decisions for Text Amendments.
•Amend Sec. 15-56, Unified Development Ordinance in the Guilford County Code of Ordinance to globally change the term “public hearing” to “legislative hearing” in reference to legislative decisions and to “evidentiary hearing” in reference to quasi-judicial decisions (if needed and where applicable) as established by the UDO and pursuant to NCGS 160D.
Attached is text underlined which indicates text to be added to the current ordinance and text to be deleted is shown with a strikethrough.
Consistency with Adopted Plans Statement:
The Guilford County Comprehensive Plan (effective October 1, 2006) Future Land Use Element- Policy 1.6.2. states, “Recommend Development Ordinance amendments and Area/Quadrant Plan changes to support and implement regional plans endorsed and adopted by Guilford County.”
Reasonableness Statement:
The recommended action is reasonable and in the public interest because it is consistent with the Guilford County Comprehensive Plan (effective October 1, 2006) Future Land Use Element-Policy 1.6.2. Additionally, it updates terminology and adjusts procedural requirements used under Section 3.5.V specific to Text Amendments consistent with adjustments made to Sections 3.1 and 3.2 with the adoption of Text Amendment Case #23-06-PLBD-00053 by the Guilford County Board of Commissioners on May 16, 2024 and with NCGS 160D.
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BUDGET IMPACT
Budget Impact
NO ADDITIONAL COUNTY FUNDS REQUIRED
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REQUESTED ACTION
Requested Action
Hold a legislative hearing and adopt Unified Development Ordinance (UDO) Text Amendment Case #24-08-PLBD-00092 and statements of consistency and reasonableness, as presented herein, to align UDO and NCGS 160D terminology for legislative hearings and evidentiary hearings (as needed), notice requirements, and reflect Planning Board’s option to hold a legislative hearing for text amendments.
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