TITLE
Title
LEGISLATIVE HEARING FOR UDO TEXT AMENDMENT CASE #24-05-PLBD-00083: AMEND SECTION 9.1, STORMWATER MANAGEMENT AND WATERSHED PROTECTION DISTRICTS, TO ELIMINATE RESTRICTION ON THE USE OF PUBLIC LAND FOR DEVELOPMENT DENSITY AVERAGING PURPOSES
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SPONSOR
Sponsor
J. Leslie Bell (Brent Gatlin)
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BACKGROUND
Background
At its June 12, 2024 Regular Meeting, the Guilford County Planning Board, by a 5 to 1 favorable vote, recommended (draft minutes attached) to the Board of Commissioners the adoption of Text Amendment Case #24-05-PLBD-00083 with revisions, as presented herein (Ayes: Donnelly, Gullick, Drumwright, Alston, Little. Nays: Stalder. Absent: Buchanan, Craft, Bui) to the Guilford County Unified Development Ordinance (UDO), Subsection 9, Environmental Regulations, as referenced under Chapter 15, Article II, Section 15-56 of the Guilford County Code of Ordinances. The change revises Section 9.1.F.6.a.(2) under Section 9.1, Stormwater Management and Watershed Protection Districts, to remove the restriction on using publicly held land to calculate the density of development on two non-contiguous lots via density averaging and renumber subsequent paragraphs accordingly (attached). Text deleted is shown as strikethrough.
Per NCGS 143-214.5 Water Supply Watershed Protection local units of government implementing a water supply watershed program (WSWP) shall allow an applicant to average development density on up to two noncontiguous properties for purposes of achieving compliance with the water supply watershed development standards based upon certain criteria per NCGS 143-214.5(d2). Legislation allows for two non-contiguous parcels to be treated as one single parcel to meet the built-upon area/density requirements of the WSWP rules and local ordinances. Participating properties’ overall density average must meet applicable density or stormwater control requirements under 15A North Carolina Administrative Code (NCAC) 02B .0200s and .0624. These parcels can be under the same or separate ownership with one parcel being the donor parcel (undeveloped) and the other being the recipient parcel (parcel where development will occur).
While Guilford County's water supply watershed regulations are in compliance with NCGS, Guilford County's current water supply watershed regulations are more stringent than NCGS in that Guilford County currently prohibits using publicly-held land to calculate the density of development on two non-contiguous lots (staff report attached).
How Does Density Averaging Work
In terms of application, the following sets out conditions for both donor (undeveloped) and recipient (built-upon) properties:
• Properties must be within the same water supply watershed;
• If only one property is in critical area, it must be the donating lot;
• If both properties are in non-critical area, either can donate; and
• If both properties are in critical area, either can donate.
For the portions of properties that will remain undeveloped (donor), the donor properties (or portions thereof) must 1) remain in a vegetated or natural state in perpetuity; and, 2) a metes and bounds description and irrevocable limits on use must be recorded. To meet this requirement, properties (or portions thereof) that will remain undeveloped must either be:
• Managed by a homeowners’ association as a common area;
• Conveyed to the local government as a park or greenway;
• Placed under permanent conservation or farmland preservation easement; or
• Have long-term compliance handled by a local government through deed restrictions and electronic permitting mechanism.
Built-upon areas (recipient) must be designed and located to do the following:
• Minimize stormwater runoff impact to receiving waters;
• Minimize concentrated stormwater flow; and
• Maximize use of sheet flow and flow length through vegetated areas.
The Guilford County Planning Board is the designated board assigned to consider Special Use Permit requests (quasi-judicial) for density averaging development applications.
Attached are examples/slide excerpts from NC DEQ (former Water Supply Watershed Coordinator) that illustrate the concept of density averaging and correspondence from NC DEQ.
Consistency with Adopted Plans:
Text Amendment Case #24-05-PLBD-00083 is consistent with Objective 1.2 of the Natural, Historic, and Cultural Resources Element of the Guilford County Comprehensive Plan, which states, “Thoroughly review and revise, as necessary, existing development regulations and standards to promote creativity and/or flexibility in project design to better integrate natural and built components.”
The text amendment complies with NCGS 143-214.5(d2) Water Supply Watershed Protection rules regarding Density Averaging which has no clause prohibiting the use of publicly held land, and states in sub-section (6) “The property or portions of the properties that are not being developed will remain in a vegetated or natural state and will be managed by a homeowners’ association as common area, conveyed to a local government as a park or greenway, or placed under a permanent conservation or farmland preservation easement…” indicating use of public land for Density Averaging purposes is allowable.
Reasonable and in the Public Interest:
The recommended action is reasonable and in the public interest because it is consistent with Objective 1.2 of the Natural, Historic, and Cultural Resources Element of the Guilford County Comprehensive Plan. It will provide a means to secure lands for public benefit, such as parks, open space, greenways, or conservation areas, and simultaneously support economic growth in the community.
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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 #24-03-PLBD-00083 to amend Article 9 of the UDO including both the Consistency with Adopted Plans and Reasonableness statements, as presented herein.
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