TITLE
Title
LEGISLATIVE HEARING ON WHETHER TO CONDITIONALLY REZONE PROPERTY LOCATED AT 5731 COBLE CHURCH ROAD FROM AG, AGRICULTURAL TO CZ-RS-40, CONDITIONAL ZONING - RESIDENTIAL: CASE #26-06-PLBD-00023
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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 conditionally rezone property.
On August 18, 2026, an appeal was properly filed with the Clerk to the Board to appeal the Planning Board's decision made on August 12, 2026 (minutes attached) to deny the requested conditional rezoning from Agricultural (AG) to Conditional Zoning - Residential (CZ-RS-40). The subject property is located at 5731 Coble Church Road (Guilford County Tax Parcel #125161 in Clay Township), approximately 4,400 feet north of the intersection of Coble Church Road and NC Highway 62 East and comprises approximately 4.43 acres (staff report attached).
This is a request to conditionally rezone the subject property from AG, Agricultural to CZ-RS-40, Conditional Zoning - Residential with the following conditions:
Use Conditions:
Uses of the property shall be limited to the following as listed in Article 4, Table 4-3-1 of the Unified Development Ordinance (UDO): (1) Single Family Detached Dwelling. (2) Subdivision (Major) - Residential (6 or More Lots).
Development Conditions:
Development of the property shall occur in accordance with the following standards and requirements in addition to those specified in the Unified Development Ordinance (UDO): (1) Not to exceed (4) lots.
While Planning staff recommended approval, the Planning Board's motion to deny the proposed rezoning passed in a vote of 7-1, in favor of the motion to deny the request.
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.
This RS-40, Residential District is primarily intended to accommodate single-family residential detached dwellings on lots in areas without access to public water and sewer services. The minimum lot size of this district is 40,000 square feet. Conservation subdivisions may be developed in this district.
The CZ, Conditional Zoning District is established as a companion district for every district established in this Subsection. 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.
Reasonableness/Consistency: The Planning Board voted to deny the rezoning request from Agricultural (AG) to Conditional Zoning - Residential (CZ-RS-40), citing that the request is inconsistent with the Comprehensive Plan's Future Land Use Map (FLUM) designation of Rural Living. The amendment is not reasonable due to the Future Land Use Map per the Guilford County Comprehensive Plan in meeting with the outlined goals and policies addressing the County to establish farmland preservation and the character of the application is not consistent and in harmony with the surrounding parcels.
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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 5731 Coble Church Road from AG, Agricultural to CZ-RS-40, 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:
Uses of the property shall be limited to the following as listed in Article 4, Table 4-3-1 of the Unified Development Ordinance (UDO): (1) Single Family Detached Dwelling. (2) Subdivision (Major) - Residential (6 or More Lots)
Development Conditions:
Development of the property shall occur in accordance with the following standards and requirements in addition to those specified in the Unified Development Ordinance (UDO): (1) Not to exceed (4) lots.
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