TITLE
Title
A LEGISLATIVE HEARING FOR UDO TEXT AMENDMENT CASE #24-09-PLBD-00098: AN AMENDMENT TO ARTICLE 3 (PERMITS AND PROCEDURES), SECTION 3.5.M.4.d(3) AND 3.5.V.2.d(3) TO RECONCILE UDO TEXT WITH NCGS 160D-604 & 160D-605 TEXT REGARDING STATEMENTS FOR PLAN CONSISTENCY AND REASONABLENESS; REMOVING BOTH THE PLANNING BOARD REQUIREMENT FOR A REASONABLENESS AND PUBLIC INTEREST STATEMENT WHEN REVIEWING A ZONING TEXT AMENDMENT AND THE BOARD OF COMMISSIONERS WHEN ADOPTING OR REJECTING A ZONING TEXT AMENDMENT
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SPONSOR
Sponsor
J. Leslie Bell
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BACKGROUND
Background
On October 9, 2024, the Planning Board voted in favor of recommending (minutes attached) to the Board of Commissioners staff proposed UDO Text Amendment Case #24-09-PLBD-00098. The proposed amendment to the Unified Development Ordinance (UDO), Article 3 (Referenced as Subsection 3 under Chapter 15, Article II, Section 15-56 of the Guilford County Code of Ordinances) Section 3.5.M.4.d(3) and Section 3.5.V.2.d(3) reconciles UDO text with final NCGS 160D language (as ratified by the NC General Assembly) for the Planning Board and Board of Commissioners regarding plan consistency statement and a statement analyzing the reasonableness of a zoning map amendment, respectively. The proposed text amendment to the UDO more closely replicates language per NCGS 160D-604 & 160D-605 regarding zoning map amendments (rezoning) and text amendments (as ratified by the NC General Assembly). Additionally, for zoning text amendments, the revised UDO language no longer requires the Planning Board to make a reasonableness and public interest statement of the proposed amendment as part of its recommendation to the Board of Commissioners. Also, the revised UDO language no longer requires that the Board of Commissioners make a statement analyzing the reasonableness (and public interest) when adopting or rejecting any zoning text amendment (NCGS 160D-605 prior draft text was revised for final ratification by the NC General Assembly).
The full text of the proposed amendment is attached. Text underlined indicates text to be added to the current ordinance. Text to be deleted is shown as strikethrough.
Planning Board recommended approval 7-0 (Ayes: Donnelly, Gullick, Little, Bui, Buchanan, Craft and Alston. Nays: None. Absent: Stalder and Drumwright).
Consistency with Adopted Plans:
Text Amendment Case #24-09-PLBD-00098, as presented by staff and recommended by the Planning Board, 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.”
Reasonable and in the Public Interest:
The recommended action is reasonable and in the public interest because it is consistent with the Guilford County Comprehensive Plan Future Land Use Element-Policy 1.6.2 as presented herein. Additionally, it more closely replicates ratified language by the NC General Assembly for NCGS 160D-604 and NCGS 160D-605.
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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-0009, as presented herein, to reconcile UDO text for zoning text and map amendments with NCGS 160D regarding statements of plan consistency and reasonableness; and, removing the Planning Board and Board of Commissioners requirement for a reasonableness (including public interest) statement when either recommending a zoning text amendment or when adopting or rejecting a zoning text amendment, respectively.
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