TITLE
Title
LEGISLATIVE HEARING ON WHETHER TO CONDITIONALLY REZONE FROM AGRICULTURAL (AG) TO CZ-RS-40 A PORTION OF PROPERTY LOCATED AT 5475 YANCEYVILLE ROAD (TAX PARCEL #129849)
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SPONSOR
Sponsor
J. Leslie Bell
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BACKGROUND
Background
Per Guilford County Unified Development Ordinance (UDO) Article 2 - Administration Section 2.4.C.1., 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 to deny a request to rezone property.
On April 17, 2025, an appeal (attached) was properly filed with the Clerk to the Board to the Planning Board’s April 9, 2025 decision to deny a request (minutes attached - see VII. New Business Legislative Hearing item F.) to conditionally rezone from Agricultural (AG) to CZ-RS-40 (Residential District) the western portion (21.29 acres) of property fronting Oldsquaw Drive, located at 5475 Yanceyville Road (Guilford County Tax Parcel #129849 in Monroe Township), approximately 2,990 feet south of the intersection of NC Highway 150 E and Yanceyville Road, comprising a total of approximately 37.66 acres. The portion requested to be rezoned is adjacent to Triple Lakes Subdivision and is bounded to the east by a mapped stream (1ST stream shown on map as you move eastward from its boundary with Triple Lakes Subdivision) that traverses the property (runs north to south) with the eastern property line of the remaining approximately 16.37 acres (not requested to be rezoned) along Yanceyville Road (SR2523).
The Planning Board's motion to approve failed by a vote of 3-4, constituting a denial. (Ayes: Craft, Gullick, Stalder. Nays: Alston, Bui, Drumwright, Donnelly. Absent: Buchanan and Little).
The application (attached) requests to conditionally rezone the subject property with the following conditions (as amended at the April 9 meeting).
Use Conditions: Permitted uses shall include all uses allowed in RS-40 Residential Zoning District except the following:
(1) Cemetery or Mausoleum; and
(2) Land Clearing & Inert Debris Landfill, Minor (application amended to include during the Planning Board’s April 9, 2025 Regular Meeting)
The attached Permitted Uses Table, submitted by the applicant, shows the uses to be excluded as allowable and shown with a strikethrough.
Development Conditions: None
The Agriculture (AG) 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.
Conditional Zoning 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 Statement:
The request to conditionally rezone the subject property from AG to CZ-RS-40 is consistent with the Northern Lakes Area Plan recommendation of AG Rural Residential. The AG Rural Residential designation is intended to accommodate agricultural uses, large-lot residential development, and low-density residential subdivisions not connected to public water and sewer with densities not to exceed two (2) units per acre. Large major residential subdivisions in the AG Rural Residential area should incorporate into their design a minimum of two (2) policies recommended by this plan. Anticipated land uses are those permitted in the Agricultural (AG), RS-40 Residential Single-Family, RS-30 Residential Single-Family, Planned Unit Development-Residential (PD-R), and Rural Preservation (RPD) zoning districts, including but not limited to institutional and recreational uses, as determined by the Guilford County Development Ordinance.
The request to conditionally rezone the subject property from AG to CZ-RS-40 is consistent with Policy 1.1.1. under the Future Land Use Element of the Guilford County Comprehensive Plan, which states “Planning staff will continue to utilize the future land uses depicted on citizen-based Area Plans, in conjunction with the rezoning guidance matrix, as the basis for land use and policy recommendations.”
Reasonableness Statement:
The Planning Board’s decision to deny the request to conditionally rezone the subject property from AG to CZ-RS-40 is reasonable as it was cited during the Planning Board’s legislative hearing that the applicant has not sufficiently addressed how the development will mitigate adverse effects on the surrounding neighborhood, nor provided a clear plan for coordinating with existing residents or protecting existing infrastructure during and after the construction. Concerns have been expressed around key infrastructure impacts, particularly traffic flow, road wear, and emergency access, which is associated with having only a single point of entry into the proposed development. The single point of entry is directly through the Triple Lakes subdivision off of Burton Farm Rd. (SR2520). A stream splits the parcel, with the portion of the parcel requested to be rezoned adjacent to the Oldsquaw Dr. stub out and the eastern portion of the property accessible by Yanceyville Rd. (SR2523).
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REQUESTED ACTION
Requested Action
Conduct required legislative hearing to approve the conditional rezoning (and adopt associated consistency and reasonableness statements) of the western portion (21.29 acres of approximately 37.66 acres total) of property located at 5475 Yanceyville Road (Guilford County Tax Parcel #129849 in Monroe Township), approximately 2,990 feet south of the intersection of NC Highway 150 E and Yanceyville Road from Agricultural (AG) to Conditional Zoning-RS-40, Residential, as presented herein with the following conditions:
Use Conditions: Permitted uses shall include all uses allowed in the RS-40 Residential Zoning District except the following:
(1) Cemetery or Mausoleum.
(2) Land Clearing & Inert Debris Landfill, Minor (application amended to include during the Planning Board’s April 9, 2025 Regular Meeting)
Development Conditions: None
If the Planning Board’s decision to deny the rezoning request is overturned, the rezoning will be deemed approved. A land use classification change in the Northern Lakes Area Plan will not be required.
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