TITLE
Title
LEGISLATIVE HEARING ON WHETHER TO CONDITIONALLY REZONE PROPERTY LOCATED AT 7930 NC HIGHWAY 150 E FROM AG, AGRICULTURAL TO CZ-RS-30, CONDITIONAL ZONING- RESIDENTIAL: CASE #26-02-PLBD-00008
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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 on a rezoning application.
On April 2, 2026, an appeal (attached) was properly filed with the Clerk to the Board to appeal the Planning Board’s decision made on March 25, 2026 (minutes attached) to deny a requested rezoning from Agricultural (AG) to Conditional Zoning - Residential (CZ-RS-30) of property located at 7930 NC Highway 150 E (Guilford County Tax Parcel #242017 in Washington Township) approximately 6,100 feet north of the intersection of Osceola-Ossipee Road and NC Highway 150 E comprising approximately 121.87 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:
1) All uses in the RS-30 district are permitted, except for the uses struck through on the attached use matrix. The attached use matrix identifies the following uses to be prohibited: Athletic Fields, Club or Lodge, Country Club with Golf Course, Golf Course, Paintball Field, Public Park or Public Recreation Facility (incl. Indoor Batting Cages), Swim and Tennis Club, Place of Worship, Elementary School, Secondary School, Daycare Centers in Residence (in-home) (12 or less), Emergency Services, Cemetery or Mausoleum, Beneficial Fill Area, Wireless Communication Tower - Stealth Camouflage Design, Utilities - Major, Utilities - Minor, Construction or Demolition Debris Landfill - Minor, Land Clearing and Inert Debris Landfill - Minor, Temporary Events/Uses.
Development Conditions (Amended):
1) Lot size minimum shall be 40,000 sf.
2) Dwellings shall have exterior finishes with a combination of cementitious siding, brick, and/or stone. Vinyl siding may be used on the sides and rear of houses, but not the front of the house, other than in the soffit, fascia, and eaves.
3) A maximum of 90 lots.
The original rezoning application was amended at the March 25, 2026 Planning Board Special Meeting to include Development Conditions #2 & #3 above, both consented to by the Applicant. The Planning Board approved the added conditions in two separate votes.
The Planning Board voted, 7-1, to approve additional condition #2 above to limit exterior dwelling finishes. (Ayes: Donnelly, Gullick, Craft, Bui, Drumwright, Little, and Alston. Nays: Stalder.)
The Planning Board voted unanimously, 8-0, in favor of approving condition #3 above to limit development to a maximum of 90 lots. (Ayes: Donnelly, Gullick, Craft, Bui, Drumwright, Little, Stalder and Alston. Nays: None.)
While the Planning Staff recommended approval of the rezoning request (see staff report), the Planning Board's motion to approve the proposed rezoning failed in a vote of 4-4. (Ayes: Donnelly, Gullick, Craft, Alston. Nays: Bui, Drumwright, Little, Stalder.) Under the County’s Unified Development Ordinance, a tie vote is deemed a denial.
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 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 amended rezoning request from Agricultural (AG) to conditional zoning Residential (CZ-RS-30) is inconsistent with the Comprehensive Plan’s FLUM recommendation of Working Farm/Agricultural. This land use classification is intended to accommodate land that is actively used for agricultural or forestry activities, including cultivated farmland, livestock, woodlands, or timber harvest. The lands may or may not support the primary residence of the property owner and outbuildings associated with activities on the property. Working Farms/Agricultural Lands may contain both residential and non-residential uses and typically have parcel sizes that are typically larger than five or ten acres.
If the rezoning request from AG to CZ-RS-30 is denied, a FLUM amendment from Working Farm/Agricultural to Residential would not be required. If the request is approved, a FLUM amendment to the Residential land use classification would be required.
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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 the said property located at 7930 NC Highway 150 E (Guilford County Tax Parcel #242017 in Washington Township) approximately 6,100 feet north of the intersection of Osceola-Ossipee Road and NC Highway 150 E comprising approximately 121.87 acres from Agricultural (AG) to Conditional Zoning - Residential (CZ-RS-30) and associated land use classification change in the Guilford County Comprehensive Plan’s Future Land Use Map (FLUM) from Working Farm/Agricultural to Residential located in the Northeast quadrant, as presented herein with the following use and development conditions:
Use Conditions:
1) All uses in the RS-30 district are permitted, except for the uses struck through on the attached use matrix. The attached use matrix identifies the following uses to be prohibited: Athletic Fields, Club or Lodge, Country Club with Golf Course, Golf Course, Paintball Field, Public Park or Public Recreation Facility (incl. Indoor Batting Cages), Swim and Tennis Club, Place of Worship, Elementary School, Secondary School, Daycare Centers in Residence (in-home) (12 or less), Emergency Services, Cemetery or Mausoleum, Beneficial Fill Area, Wireless Communication Tower - Stealth Camouflage Design, Utilities - Major, Utilities - Minor, Construction or Demolition Debris Landfill - Minor, Land Clearing and Inert Debris Landfill - Minor, Temporary Events/Uses.
Development Conditions:
1) Lot size minimum shall be 40,000 sf.
2) Dwellings shall have exterior finishes with a combination of cementitious siding, brick, and/or stone. Vinyl siding may be used on the sides and rear of houses, but not the front of the house, other than in the soffit, fascia, and eaves.
3) A maximum of 90 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 Working Farm/Agricultural to Residential will be required. In connection with either decision, adopt corresponding reasonableness and consistency statements.
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