TITLE
Title
A LEGISLATIVE HEARING FOR CONDITIONAL ZONING CASE #24-08-PLBD-00093: A MAP AMENDMENT TO ASSIGN ORIGINAL ZONING OF CZ-GENERAL BUSINESS (GB) FOR TAX PARCELS #149659, 217566, 149658, 150130, 149642, 149643, and 149688 LOCATED IN THE NORTHEAST QUADRANT OF I-73 AND OAK RIDGE ROAD; AND, AMEND THE GUILFORD COUNTY NW AREA PLAN TO ADD AND DESIGNATE LAND USE OF MODERATE COMMERCIAL TO THE AFOREMENTIONED TAX PARCELS DE-ANNEXED FROM THE TOWN OF SUMMERFIELD PER SESSION LAW 2024-20 HB 909
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SPONSOR
Sponsor
J. Leslie Bell
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BACKGROUND
Background
This is a County-initiated zoning action due to de-annexation from the Town of Summerfield under Session Law 2024-20, House Bill 909, effective June 30, 2024. The parcels subject to this request are Guilford County Tax Parcels #149659, 217566, 149658, 150130, 149642, 149643, and 149688, which comprise approximately 83.15 acres, located in the northeast quadrant of I-73 and Oak Ridge Road (Highway 150). These parcels represent approx. 8.55% of the total 971.87 total acres de-annexed as part House Bill 909. Following legislative hearings at a special meeting on August 21, 2024; a regular meeting on September 11, 2024; a regular meeting on October 9, 2024 (no legislative hearing but remanded for further consideration to planning staff); and, a second special meeting on October 23, 2024, the Planning Board recommends the original zoning of CZ-GB and to amend the NW Area Plan to designate the aforementioned tax parcels to Moderate Commercial, as presented herein.
This recommendation comes to the Board of Commissioners following a legislative hearing at its October 23 special meeting (draft minutes attached) with a Planning Board vote of 5 to 3 (Ayes: Dr. Bui, Mr. Craft, Mr. Little, Mr. Stalder, Mr. Donnelly, Nayes: Ms. Buchanan, Rev. Drumwright, Mr. Gullick) to assign an original zoning of CZ-GB with conditions as listed on the application dated 8/28/24, revised on 10/10/2024 per the attached letter to the application dated 10/4/2024 and approved by the Planning Board at its 10/23/2024 special meeting (all meeting minutes attached). Additional conditions (see attached) were offered by the Owner and also approved by the Planning Board on 10/23/2024, based on comments and discussion during the legislative hearing and approved by the Planning Board at its 10/23/24 meeting. The application which includes the aforementioned conditions is attached. The subject parcels were zoned CZ-BN (Business) by the Town of Summerfield prior to de-annexation.
This action is to request that the Board of Commissioners assign original zoning for the subject parcels as follows:
At the northeast quadrant of I-73 and Oak Ridge Road (Highway 150): Assign original zoning of Conditional Zoning-General Business (CZ-GB) to Guilford County Tax Parcels #149659, 217566, 149658, 150130, 149642, 149643, and 149688 with the following conditions offered by the property owner.
Use Conditions: All uses permitted in the GB district except (1) Multifamily Dwelling (including Condominium), (2) Homeless Shelter, (3) Psychiatric Hospital (Hospital), (4) Bus Terminal, (5) Cemetery and Mausoleum, (6) Country Club with Golf Course, (7) Massage Parlor (Personal Service), (8) Construction or Demolition Debris Landfill, Minor, (9) Land Clearing & Inert Debris Landfill, Minor, (10) Fraternity or Sorority (University or College Related), (11) Taxi Terminal, (12) Truck and Utility Trailer Rental and Leasing, Light, (13) Electronic Gaming Establishment & Internet Sweepstakes (Other Indoor Uses Not Listed)
The following additional conditions were added at the Planning Board’s October 23, 2024 special meeting and also are attached to and part of this application:
A. Additional Use Restrictions
1. No outdoor theaters
2. No microbreweries immediately adjacent to residential properties on the east side of Deboe Road and the south side of Oak Ridge Road (NC Highway 150).
3. Operating hours for an event center shall be limited to operations from 8:00 a.m. to 11:00 p.m.
B. Development Conditions:
1. Buffer yards
a. All side yard buffers adjacent to residential properties shall be comprised of evergreen plantings that thrive in native soils and are installed and continuously maintained by the owner.
b. Where adjacent to residential properties, the minimum width of the buffer yard shall be increased from 40 to 45 feet and the minimum average width from 50 to 55 feet.
c. Street yards shall have 2 understory trees per 100 feet, and the minimum average width shall be increased from 8 feet to 10 feet, subject to any exception required by NCDOT during the NCDOT driveway permitting process, and shall be installed and continuously maintained by the owner.
Junk Motor Vehicles, Theater, Adult, Live Entertainment Business, Adult, Ice Manufacturing, and Bookstore Adult uses proposed for exclusion by the property owner already are prohibited in Guilford County’s General Business (GB) district and, therefore, were not accepted as conditions.
Per NCGS 160D-202(h) when a city relinquishes jurisdiction over an area that it is regulating to a county, the city development regulations and powers of enforcement shall remain in effect until (i) the county has adopted such development regulation or (ii) a period of 60 days has elapsed following the action by which the city relinquished jurisdiction, whichever is sooner…Additionally, per UDO Section 1.4.B “…zoning shall be established within sixty (60) days of discovery of the property becoming unzoned. Zoning must be established before any development of the property can occur. The property owner may initiate a zoning map amendment (rezoning) at any time after the County has established original zoning.” The Guilford County Planning Board initiated original zoning action within sixty (60) days of the effective date of de-annexation.
Consistency with Adopted Plans Statement:
The request is consistent with Objective 1.5 and Policy 1.4.3 of the Future Land Use Element of Guilford County’s Comprehensive Plan which state:
(1) Objective 1.5 - Recognize and respect the unique characteristics of Guilford County’s unincorporated and emerging communities.
(2) Policy 1.4.3 - Reference adopted Land Use Plans and recommended uses and densities/intensities, when applicable, in conjunction with rezoning staff reports presented to the Planning Board.
Reasonableness Statement:
The request to zone the subject parcels to CZ-GB under the Guilford County UDO is reasonable and in the public interest because initiating this action complies with NCGS 160D-202(h) and UDO Sec 1.4.B. The request to zone the subject parcels to CZ-GB under the Guilford County UDO is reasonable and in the public interest because initiating this action complies with NCGS 160D-202(h) and UDO Sec 1.4.B. The CZ-GB district is recommended for the parcels in the northeast quadrant of the Oak Ridge Road and I-73 interchange as Oak Ridge Road is a major thoroughfare and creates a key interchange with I-73.
Area Plan Amendment Recommendation:
The properties currently are not subject to any of Guilford County’s area plans. If the request is approved, a land use plan amendment to the Northwest Area Plan will be required to extend the Moderate Commercial (MC) land use classification to the subject parcels.
The Board of Commissioners is not limited to the proposed zoning of these parcels and may consider substantial changes to the proposed zoning.
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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 approve Conditional Zoning Case #24-08-PLBD-00093 to assign original zoning of CZ-GB including all use and development conditions, and adopting the plan consistency and reasonableness statements, as presented herein, for Guilford County Tax Parcels #149659, 217566, 149658, 150130, 149642, 149643, and 149688 (all parcels previously were located within the Town of Summerfield and de-annexed per Session Law 2024-20, House Bill 909), which comprise approximately 83.15 acres located in the northeast quadrant of I-73 and Oak Ridge Road. This also includes amending the NW Area Plan to add and designate the aforementioned Tax Parcels as Moderate Commercial.
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