Legislation Details

File #: 2024-240    Version: 1 Name:
Type: Public Hearing Status: Passed
File created: 4/22/2024 In control: Board of Commissioners
On agenda: 5/16/2024 Final action: 5/16/2024
Title: LEGISLATIVE HEARING FOR TEXT AMENDMENT CASE #23-06-PLBD-00053: AN AMENDMENT TO ADJUST PUBLIC NOTICE REQUIREMENTS FOR TEXT AMENDMENTS UNDER ARTICLE 3 OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) CONSISTENT WITH NCGS 160D AND LOCAL LEGISLATION FOR GUILFORD COUNTY
Attachments: 1. BCC_Text Amend_00053 (Legal Review), 2. BCC_TA 00053 (Staff Report) - Legal Review, 3. GC PLAN 4-10-24 DRAFT MINUTES
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MINUTES FORTHCOMING TO BE ATTACHED

 

 

TITLE

Title

LEGISLATIVE HEARING FOR TEXT AMENDMENT CASE #23-06-PLBD-00053: AN AMENDMENT TO ADJUST PUBLIC NOTICE REQUIREMENTS FOR TEXT AMENDMENTS UNDER ARTICLE 3 OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) CONSISTENT WITH NCGS 160D AND LOCAL LEGISLATION FOR GUILFORD COUNTY

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SPONSOR

Sponsor

J. Leslie Bell

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BACKGROUND

Background

At its April 10, 2024 Regular Meeting, the Guilford County Planning Board recommended unanimously (draft minutes attached) to the Board of Commissioners the adoption of Text Amendment Case #23-06-PLBD-00053, as presented herein (Ayes: Donnelly, Gullick, Stalder, Drumwright, Alston, Buchanan, Craft, Little. Nays: None.  Vacant: Bui).  Briefly, the Planning staff prepared amendments to adjust public notice requirements specified for Text Amendments under Article 3 of the County Unified Development Ordinance (Referenced as Subsection 3 in Chapter 15 of the County Code of Ordinances) consistent with NCGS 160D and local legislation for Guilford County.

 

In summary, the proposed amendments, collectively (text deleted are shown as strikethroughs and text to be added is underlined), will revise Section 3.1.D, Table 3.1 to remove Level 2, Mailed Notice as required for Text Amendments, and make a technical correction to Footnote 1; revise Section 3.2, Table 3.2 to add Optional as a Type of Public Notification and change the Type of Published Notice required for the Planning Board for Text Amendments to “Optional”; change the Type of Mailed Notice and Posted Notice required for the Planning Board and Board of Commissioners to “Optional”, and make a technical correction to Footnote 2; and revise Sections 3.2.A through 3.2.D to align with the statutory requirements of NCGS 160D and local legislation specific to Guilford County.  A more detailed description of proposed amendments (collectively) to adjust public notice requirements specified for Text Amendments, by respective UDO sections, is attached.  Staff report also is attached.

 

Consistency with Adopted Plans: 

 

Text Amendment Case #23-06-PLBD-00053 is consistent with adopted plans and consistent with the Guilford County Comprehensive Plan’s Future Land Use Element Goal #1 and Policy 1.6.2 which recommends "Development Ordinance amendments and Area/Quadrant Plan changes to support and implement regional plans endorsed and adopted by Guilford County.” Additionally, the proposed text amendment (collectively) are consistent with NCGS 160D and support this goal by changing notice requirements while still providing effective notice to parties especially impacted by a specific development decision. It will facilitate an efficient development approval process, and thus, minimize development costs for applicants.

 

Reasonableness and in the Public Interest: 

 

The recommended action is reasonable and in the public interest because they (collectively, Text Amendment Case #23-06-PLBD-00053) bring the UDO into better alignment with NCGS Chapter 160D, reduce potential confusion over procedural requirements, and bring greater consistency for applicants with similar development requests in other jurisdictions.

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BUDGET IMPACT

Budget Impact

NO ADDITIONAL COUNTY FUNDS REQUIRED

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REQUESTED ACTION

Requested Action

Request approval of Text Amendment Case #23-06-PLBD-00053, as presented herein, to adjust Public Notice Requirements for Text Amendments under Article 3 of the Unified Development Ordinance (UDO) Consistent with NCGS 160D and Local Legislation for Guilford County.

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