TITLE
Title
LEGISLATIVE HEARING TO CONDITIONALLY REZONE PROPERTY LOCATED AT 209 E SHERATON PARK ROAD FROM AG, AGRICULTURAL TO CZ-LI, CONDITIONAL ZONING-LIGHT INDUSTRIAL: CASE #24-02-PLBD-00073
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SPONSOR
Sponsor
J. Leslie Bell
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BACKGROUND
Background
Per Guilford County Unified Development Ordinance Article 3 - Section 3.5.C.2.b.3. Procedures for Specific Applications, and S.L. 1985-485 HB651, the Board of Commissioners has the authority to hold a legislative (public) hearing to consider a decision by the Guilford County Planning Board to rezone property.
On February 17, 2025 an appeal (attached) was properly filed with the Clerk to Board to appeal the Planning Board’s decision made on February 12, 2025 (minutes attached) to deny the land use classification change in the Southern Area Plan from Rural Residential to Light Industrial, and associated rezoning from Agricultural (AG) to Conditional Zoning Light Industrial (CZ-LI), by a vote of 7-0, of said property located at 209 E Sheraton Park Road (Guilford County Tax Parcel #142734 in Sumner and Fentress Township) approximately 2,923 feet east of Randleman Road and comprising approximately 48.76 acres.
This application request (attached) is to conditionally rezone the subject property from AG to CZ-LI with the following conditions:
Use Conditions - Permitted uses shall include all uses allowed in the Light Industrial (LI) Zoning District, except for the following: (1) Homeless Shelter; (2) Country Club with Golf Course; (3) Golf Course; (4) Swim and Tennis Club; (5) Amusement or Water Park, Fairgrounds; (6) Auditorium, Coliseum or Stadium; (7) Go Cart Raceway; (8) Shooting Range, Indoor; (9) Daycare Center in Residence (In-Home) 12 or less; (10) Daycare Center (Not-In-Home); (11) Fraternity or Sorority (University or College Related); (12) Bank or Finance without Drive Through; (13) Bank or Finance with Drive Through; (14) Furniture Stripping or Refinishing (including Secondary or Accessory Operations); (15) Kennels or Pet Grooming; (16) Motion Picture Production; (17) Pest or Termite Control Services; (18) Research, Development, or Testing Service; (19) Studios Artist and Recording; (20) Garden Center or Retail Nursery; (21) Manufactured Home Sales; (22) Cemetery or Mausoleum; (23) Truck Stop; (24) Beneficial Fill Area; (25) Bus Terminal and Service Facilities; (26) Taxi Terminal; (27) Construction or Demolition Debris Landfill, Minor; (28) Land Clearing & Inert Debris Landfill, Minor; (29) Recycling Facilities, Outdoor; (30) Laundry or Dry-Cleaning Plant Laundry; (31) Dry-Cleaning Substation.
The attached Permitted Uses Table, submitted by the applicant, shows uses to be excluded as allowable, shown with a strikethrough.
Development Conditions - (1) A vehicular connection to the Grey Bridge Neighborhood shall not be permitted, unless gated access is required by the Fire Department for emergency access; (2) All non-emergency access to the site shall be limited to Sheraton Park Road; (3) A vegetative buffer shall be provided and maintained as generally depicted in the landscape buffer concept plan attached hereto and incorporated by reference; (4) Hours of operation shall be limited to the hours between 7:00 a.m. and 6:00 p.m.; (5) The maximum number of tractor-trailer spaces shall be set at no more than 587 (max. of Phase 1 and 2 combined) as accepted by the Planning Board at the legislative hearing on February 12, 2025.
This is an appeal of the Planning Board's decision to deny the request at the Planning Board Regular Meeting on February 12, 2025. The Planning Board voted unanimously (7-0) in favor of the motion to deny. (Ayes: Donnelly, Gullick, Craft, Little, Buchanan, Drumwright, Stalder. Nays: None.)
District Descriptions
The AG, Agriculture district is intended to provide locations for agricultural operations, farm residences, and farm tenant housing on large tracts of land. This district is further intended to reduce conflicts between residential and agricultural uses and preserve the viability of agricultural operations. Commercial agricultural product sales - “agritourism” - may be permitted. The minimum lot size of this district is 40,000 square feet.
The LI, Light Industrial district accommodates limited, small-scale manufacturing, wholesaling, research and development, and related commercial activities that have little adverse effect, through noise, odor, or visual distraction, on neighboring properties. Development shall provide adequate screening and buffers and be located where there are adequate public utilities and access to arterial streets and highways.
The CZ, Conditional Zoning District is established as a companion district for every district established in the Unified Development Ordinance. These districts are CZ-AG, CZ-RS-40, CZ-RS-30, CZ-RS-20, CZ-RS-3, CZ-RS-5, CZ-RS-7, CZ-RM-8, CZ-RM-18, CZ-RM-26, CZ-LO, CZ-NB, CZ-LB, CZ-MXU, CZ-GB, CZ-HB, CZ-CP, CZ-LI, CZ-HI, CZ-PI, CZ-RPD, CZ-PD-R, and CZ-PD-M. All regulations which apply to a general use zoning district also apply to the companion conditional zoning. All other regulations, which may be offered by the property owner and approved by the Jurisdiction as part of the rezoning process, also shall apply.
Consistency with Adopted Plans: The Planning Board voted to deny the amended rezoning request from Agricultural (AG) to conditional zoning Light Industrial (CZ-LI) citing that the request is inconsistent with the Southern Area Plan recommendation of Rural Residential, where this designation is intended to accommodate agricultural uses, large-lot residential development, and low-density residential developments [subdivisions] not connected to public water and sewer, with densities generally up to 2 dwelling units per acre. Anticipated land uses for those permitted in Agricultural (AG), RS-40 Residential Single Family, and RS-30 Residential Single-Family, Planned Unit Development (PUD) Residential- (PDR), and Rural Preservation (RPD) zoning districts. Uses typically permitted in the LI district are not anticipated in Rural Residential designated areas.
If the rezoning request from AG to CZ-LI is denied, a Southern Area Land Use Plan amendment from Rural Residential to Light Industrial would not be required. If the request is approved, a Southern Area Land Use Plan amendment to Light Industrial would be required.
Reasonableness: The Planning Board’s recommendation to deny the requested zoning is reasonable because the LI zoning is inconsistent with the recommendation of the Southern Area Plan. The Plan is mostly zoned and used for residential purposes and has been consistently developed with single-family dwellings and manufactured homes. The LI district would be the lone Industrial zoning in the immediate area. Industrial use of large tracts of land and resulting traffic would adversely impact the adjacent and nearby residential communities.
The recommendation to deny is consistent with Objective 1.1 and Policy 1.1.1 of the Future Land Use element of the Comprehensive Plan adopted on September 21, 2006, which are as follows: Objective 1.1 continue the use of community-based area plans as a cornerstone for the Future Land Use Policy decisions. Policy 1.1.1 which states that the Planning staff will continue to utilize Future Land Uses depicted upon on the citizen-based area plans introduction with a rezoning guidance matrix as a basis for land use and policy recommendations.
Attached is correspondence from NCDOT, Planting Yard requirements, handouts presented by the applicant's representative, and the Planning & Development's staff's report.
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BUDGET IMPACT
Budget Impact
NO ADDITIONAL COUNTY FUNDS REQUIRED
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REQUESTED ACTION
Requested Action
Conduct required legislative hearing to approve/deny the rezoning of approximately 48.76 acres, located at 209 E Sheraton Park Road (Guilford County Tax Parcel #142734 in Sumner and Fentress Township) approximately 2,923 feet east of Randleman Road from Agricultural (AG) to Conditional Zoning-Light Industrial, CZ-LI, (Ref. Case #24-02-PLBD-00073). If approved an associated land use classification change in the Southern Area Plan from Rural Residential to Light Industrial is needed, as presented herein, with the rezoning request to include the following use and development conditions:
Use Conditions - Permitted uses shall include all uses allowed in the LI, Light Industrial Zoning District, except for the following: (1) Homeless Shelter; (2) Country Club with Golf Course; (3) Golf Course; (4) Swim and Tennis Club; (5) Amusement or Water Park, Fairgrounds; (6) Auditorium, Coliseum or Stadium; (7) Go Cart Raceway; (8) Shooting Range, Indoor; (9) Daycare Center in Residence (In-Home) 12 or less; (10) Daycare Center (Not-In-Home); (11) Fraternity or Sorority (University or College Related); (12) Bank or Finance without Drive Through; (13) Bank or Finance with Drive Through; (14) Furniture Stripping or Refinishing (including Secondary or Accessory Operations); (15) Kennels or Pet Grooming; (16) Motion Picture Production; (17) Pest or Termite Control Services; (18) Research, Development, or Testing Service; (19) Studios Artist and Recording; (20) Garden Center or Retail Nursery; (21) Manufactured Home Sales; (22) Cemetery or Mausoleum; (23) Truck Stop; (24) Beneficial Fill Area; (25) Bus Terminal and Service Facilities; (26) Taxi Terminal; (27) Construction or Demolition Debris Landfill, Minor; (28) Land Clearing & Inert Debris Landfill, Minor; (29) Recycling Facilities, Outdoor; (30) Laundry or Dry-Cleaning Plant Laundry; (31) Dry-Cleaning Substation
Development Conditions - (1) A vehicular connection to the Grey Bridge Neighborhood shall not be permitted, unless gated access is required by the Fire Department for emergency access; (2) All non-emergency access to the site shall be limited to Sheraton Park Road; (3) A vegetative buffer shall be provided and maintained as generally depicted in the landscape buffer concept plan attached hereto and incorporated by reference; (4) Hours of operation shall be limited to the hours between 7:00 a.m. and 6:00 p.m.; (5) The maximum number of tractor-trailer spaces shall be set at no more than 587 (max. of Phase 1 and 2 combined) as accepted by the Planning Board at the legislative hearing on February 12, 2025.
If the decision to deny the rezoning request is overturned, the rezoning will be deemed approved, and a land use classification change in the Southern Area Plan from Rural Residential to Light Industrial will be required.
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