TITLE
Title
LEGISLATIVE HEARING ON WHETHER TO CONDITIONALLY REZONE PROPERTY LOCATED AT 645 NC HIGHWAY 62 EAST FROM AG, AGRICULTURAL TO CZ-RS-30, CONDITIONAL ZONING - RESIDENTIAL: CASE 26-02-PLBD-00011
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SPONSOR
Sponsor
J. Leslie Bell
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BACKGROUND
Background
Per Guilford County Unified Development Ordinance (UDO) 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 an appeal of a decision by the Guilford County Planning Board regarding whether to rezone property.
On July 22, 2026, an appeal was properly filed with the Clerk to the Board to appeal the Planning Board's decision made on July 8, 2026 (minutes attached) to deny the requested rezoning from Agricultural (AG) to Conditional Zoning - Residential (CZ-RS-30). The subject property is located at 645 NC Highway 62 East (Guilford County Tax Parcel #132505 in Fentress Township), approximately 7,240 feet east of the intersection of Branson Mill Road and NC Highway 62 East. The subject property comprises approximately 26.09 acres (staff report attached).
This is a request to rezone the subject property from AG, Agricultural to CZ-RS-30, Conditional Zoning - Residential with the following conditions:
Use Conditions:
None proposed.
Development Conditions:
1) The development shall be limited to a maximum of 14 residential lots.
While the Planning staff recommended approval, the Planning Board's motion to deny the proposed conditional rezoning request was approved in a vote of 5-1. (Ayes: Donnelly, Bui, Drumwright, Little, Stalder. Nays: Craft)
District Descriptions
The AG, Agricultural 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 RS-30, Residential District is primarily intended to accommodate single-family detached dwellings in areas without access to public water and sewer services. The minimum lot size of this district is 30,000 square feet. Cluster development (conservation subdivisions) are permitted.
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 rezoning request from Agricultural (AG) to Conditional Zoning - Residential (CZ-RS-30), citing that the request is inconsistent with the Comprehensive Plan's Future Land Use Map (FLUM) designation of Rural Living. This land use classification represents lands typically characterized by various lot sizes with low-density residential development, typically in the form of single-family detached homes on several acres. These lands include both existing development and new areas that are currently undeveloped, which may experience increased density along major transportation corridors over time, but which will remain largely rural the farther away properties are located from established corridors and community services.
If the rezoning request from AG to CZ-RS-30 is denied, a FLUM amendment from Rural Living to Residential would not be required. If the request is approved, a FLUM amendment to the Residential land use classification would be required.
Reasonableness: The decision to deny the requested rezoning is reasonable because the requested CZ-RS-30 zoning is inconsistent with the subject property's current land use classification of Rural Living. The subject property is largely encumbered by a utility easement and a regulated floodplain, which could significantly limit the buildable area available. A map amendment to the CZ-RS-30 district, and subsequent FLUM amendment to the Residential land use classification, would allow increased density which would alter the rural residential character of the surrounding area and affect public health and safety.
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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 conditional rezoning of the said property located at 645 NC Highway 62 East from AG, Agricultural to CZ-RS-30, Conditional Zoning - Residential and, if approved, the associated land use classification change in the Guilford County Comprehensive Plan's Future Land Use Map (FLUM) to the Residential land use classification for the subject property.
Use Conditions:
None.
Development Conditions:
1) The development shall be limited to a maximum of 14 residential lots.
If the decision to deny the rezoning request is overturned, the rezoning will be deemed approved, and a land use classification change in the Guilford County Comprehensive Plan’s Future Land Use Map (FLUM) from Rural Living to Residential will be required.
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