TITLE
Title
A LEGISLATIVE HEARING FOR UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT CASE #24-09-PLBD-00097 - AN AMENDMENT TO ARTICLE 4 (ZONING DISTRICTS), SECTION 4.9.F.5.c TO REQUIRE A VARIANCE BEFORE AN EXEMPTION CAN BE GRANTED TO THE SIDEWALK REQUIREMENTS UNDER THE LIBERTY ROAD/WOODY MILL ROAD VICINITY OVERLAY DISTRICT REGULATIONS
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SPONSOR
Sponsor
J. Leslie Bell
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BACKGROUND
Background
On October 9, 2024, the Planning Board recommended to the Board of Commissioners an amendment presented by staff (minutes attached) to the Guilford County Unified Development Ordinance (referenced as Subsection 4 in Chapter 15 of the County Code of Ordinances) to modify Section 4.9.F.5.c. to replace the authority of the Technical Review Committee (TRC) to waive sidewalk requirements under the Liberty Road/Woody Mill Vicinity Overlay District Requirements with the Board of Adjustment and thus any request to exempt the following sidewalk requirements will be considered an application for a Variance from the Board of Adjustment pursuant to Section 3.5.W (Variance) and in alignment with NCGS 160D:
(1) Interior sidewalks along private drives connecting retail uses on separate properties.
(2) Sidewalks built along public streets.
(3) Sidewalk connecting retail uses with off-site residential uses.
While the existing criteria included at the time of initial adoption of the Liberty Road/Woody Mill Road Vicinity Overlay District on March 1, 2012 is designed to provide an exemption under more generally stated standards, per NCGS 160D decisions on the approval of “…site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.” Thus, this proposed text amendment, as presented, reflects that the request to exempt the sidewalk installation requirement will be considered a variance (quasi-judicial decision) by the Board of Adjustment.
The Board voted unanimously 7-0 in favor of the motion (Ayes: Donnelly, Gullick, Little, Bui, Buchanan, Craft and Alston. Nays: None.).
The proposed amendment is attached. Text underlined indicates text to be added to the current UDO and text to be deleted is shown with a strikethrough.
Consistency with Adopted Plans Statement:
The proposed amendment is consistent with the Guilford County Comprehensive Plan (effective October 1, 2006) Future Land Use Element- Policy 1.6.2. which 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. It aligns with the statutory requirements of NCGS 160D-406 regarding quasi-judicial proceedings for discretionary decisions. It is consistent with the intended role of the TRC when the Guilford County Board of Commissioners initially established it, as reflected in the minutes of January 3, 1985.
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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 #24-09-PLBD-00097 to amend UDO Section 4.9.F.5.c to remove the authority of the Technical Review Committee (TRC) to waive sidewalk installation requirements and instead require a variance (quasi-judicial) to exempt the sidewalk installation requirement under the Liberty Road/Woody Mill Road Vicinity Overlay District.
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