20200348 Ver 2_Worksheet_FinalDecision_Variance_2020-03-016_20200320

GUILFORD COUNTY BOARD OF ADJUSTMENT
ORDER GRANTING/DENYING A VARIANCE
The Guilford County Planning Board acting as the Board of Adjustment, having held a
hearing on March 16, 2020 to consider Case Number 20-02-GCPL-01573, submitted by
Sedgefield Country Club Acquisitions, LLC a request for a major variance to use the property
located at 3201 Forsyth Drive being Tax Parcel(s) # 155703, submitted by Sedgefield
Country Club Acquisitions, LLC a request for a major variance to use the property located at
3201 Forsyth Drive being Tax Parcel(s) # 155703, in a manner not permissible under the
literal terms of the ordinance, and having heard all of the evidence and arguments presented
at the hearing, makes the following FINDINGS OF FACTS and draws the following
CONCLUSIONS:
1. It is the Board's CONCLUSION that, if the applicant complies with the provisions of this
Ordinance they will not secure reasonable return from, or make reasonable use of,
his/her property. Merely proving that the variance would permit a greater profit from
the property shall not be considered adequate justification for a variance. This
conclusion is based on the following FINDINGS of FACT:
Complying with the Rules would prevent the Applicant from constructing the
Proposed Use as required by the PGA TOUR. There are no other alternative
locations for the Proposed Use within property owned by the Applicant. Additionally,
the Proposed Use cannot be designed to avoid or further minimize buffer impacts
and still meet the PGA TOUR design requirements. Without the construction of the
Proposed Use, the Applicant will no longer be the host venue for the Wyndham
Championship, as the PGA TOUR has indicated that without the construction of an
adequate short game practice facility, the Wyndham Championship will be relocated
to another venue, causing a loss of $30 million in economic impact annually to
Greensboro, Guilford County and surrounding areas. The strict application of the of
the Rules creates a hardship specific to the Applicant as the inability to construct the
Proposed Use as required by the PGA TOUR will ultimately cause the loss of the
Wyndham Championship golf tournament being held at Sedgefield Country Club,
which it has hosted since 2008. Therefore, without the proposed Buffer Impact, the
Applicant cannot construct the required Proposed Use on the subject property, which
is a reasonable use of the property.
2. It is the Board's CONCLUSION that the variance is the minimum possible deviation
from the terms of this Ordinance that shall make reasonable use of the property
possible. This conclusion is based on the following FINDINGS of FACT:
Due to the size and shape of the Subject Property, the Applicant cannot design the
Proposed Use in a manner which both avoids the Buffer Impact and meets the PGA
TOUR requirement. There are no alternative locations within property owned by the
Applicant which are large enough to accommodate the Proposed Use. Therefore, the
variance is the minimum possible deviation from the terms of this Ordinance that shall
make reasonable use of the Droaerty Dossible.
Page 1 of 4 Rev 4-10-19

3. It is the Board's CONCLUSION that the hardship does result from application of this
Ordinance to the property rather than from other factors such as deed restrictions or
other hardship. This conclusion is based on the following FINDINGS OF FACT:
The Proposed Use is compliant with all other federal, state and local regulations. No
other site constraints such as deed restrictions, zoning setbacks, floodplains or other
factors impact the proposed short game practice facility design. The design of the
components of the Proposed Use cannot be modified to avoid the Buffer Impact, as
such would render the Proposed Use inconsistent with the PGA TOUR requirements,
and would not fulfill the intended purpose of the Proposed Use. Therefore, the
proposed hardship is a direct result of the application of the Rules and not other
factors.
4. It is the Board's CONCLUSION that the hardship is due to the physical nature of the
applicant's property, such as its size, shape, or topography, such that compliance with
provisions of this Ordinance would not allow reasonable use of the property. This
conclusion is based on the following FINDINGS OF FACT:
The physical nature of the Subject Property creates a hardship necessitating the Buffer
Impact, which is different from that of neighboring properties. The Subject Property,
which is the only suitable location for the Proposed Use within the property owned by
the Applicant, is small (2.8 acres) and is bound to the north, east and west by existing
public roads and bound to the south by the existing Sedgefield CC clubhouse.
Additionally, the proposed location is bisected by a perennial stream which is subject to
riparian buffers. The natural topography of the project area is very steep, dropping
from an elevation of 815' in elevation on northern and southern areas to an elevation of
800' at the lowest point near the stream. This represents a 10% slope on both sides of
the stream. Due to the steep topography within the Subject Property, the components
of the Proposed Use, as required by the PGA TOUR, cannot be constructed without
the Buffer Impact. The adjacent properties to the east and west of the project area
have been historically cleared and graded, and do not have the steep slopes found
within the project area. The size, shape and natural topography are unique to the
Subject Property, and these unique physical features are the sole cause of the
hardship necessitatina the Buffer Impact.
5. It is the Board's CONCLUSION that the applicant did not cause the hardship by
knowingly or unknowingly violating this Ordinance. This conclusion is based on the
following FINDINGS OF FACT:
The hardship was not caused by the Applicant knowingly or unknowingly violating the
Rules. The Subject Property has existed in its current maintained condition and
configuration since prior to adoption of the Rules in 1999. The Applicant is seeking
approval of the Buffer Impact prior to development of the Proposed Use on the
Subject Property.
Page 2 of 4 Rev 4-10-19

6. It is the Board's CONCLUSION that the applicant did not purchase the propertyafter
the effective date of this Ordinance, and then request a variance. This conclusion is
based on the following FINDINGS OF FACT:
The Applicant purchased the Subject Property, Sedgefield CC and all associated
parcels in 2011, which is after the effective date of the Rules. However, Sedgefield
CC has been in operation as a golf course since 1927, and has been host to the
Wyndham Championship since 2008. The hardship resulted in 2019, when the PGA
TOUR notified the Applicant that they must construct an adequate short game
practice facility that meets PGA TOUR requirements or the tournament would be
relocated to another venue. Therefore, the Applicant owned and operated the
Subject Property for eight years prior to the hardship occurring, and had no
knowledge or anticipation that the hardship would occur.
7. It is the Board's CONCLUSION that the hardship is rare or unique to the applicant's
property. This conclusion is based on the following FINDINGS OF FACT:
The hardship necessitating the buffer impact is unique to the subject property and is
not widespread. The hardship results from the unique circumstances of Sedgefield
CC being the host venue to the PGA TOUR's annual Wyndham Championship,
representing a $30 million economic impact to Greensboro and surrounding areas,
which is different from other properties. Additionally, the hardship results from the
physical nature of the subject property, which are different from other neighboring
properties as previously discussed. Approving the buffer impacts would not be a
special privilege to the applicant that is denied to other property owners because
other property owners are not facing the hardship faced by the applicant and its
proposed use of the subject property, as a direct and sole result of the application of
the buffer rules.
8. It is the Board's CONCLUSION that the requested variance is in harmony with the
general purpose and intent of the State's riparian buffer protection requirements
and this Ordinance and preserves its spirit. This conclusion is based on the
following FINDINGS OF FACT:
The hardship necessitating the Buffer Impact is unique to the Subject Property and is
not widespread. The hardship results from the unique circumstances of Sedgefield
CC being the host venue to the PGA TOUR's annual Wyndham Championship,
representing a $30 million economic impact to Greensboro, Guilford County and
surrounding areas, which is different from other properties. Additionally, the hardship
results from the physical nature of the subject property, which are different from other
neighboring properties. Approving the Buffer Impacts would not be a special privilege
to the applicant that is denied to other property owners because other property
Page 3 of 4 Rev 4-10-19

owners are not facing the hardship faced by the Applicant and its Proposed Use of
the subject property, as a direct and sole result of the application of the buffer rules.
9. It is the Board's CONCLUSION that the requested variance is ensuring that the
public safety and welfare have been assured, water quality has been protected, and
substantial justice has been done. This conclusion is based on the following
FINDINGS OF FACT:
The Applicant has demonstrated that through the management program (turfgrass
types, fertilization and irrigation), Filterra biofiltration system stormwater
management device, the 10-ft "no fertilizer" vegetated strip along both sides of the
stream and the Operation and Maintenance agreement for the turf care and
stormwater device, the proposed use will protect water quality and is consistent with
the spirit and intent of the Rules to protect the water supply watershed for
Randleman Lake. Furthermore, the Proposed Use will not risk public safety or
welfare, and substantial justice has been done.
THEREFORE, on the basis of all the foregoing, the Guilford County Planning Board
recommends that the application for a VARIANCE be
❑ DENIED or
0 GRANTED subject to the following:
1. Compliance with all local, state, and federal laws.
2. Applicant may not begin construction within the riparian buffers until issuance
of the necessary 404/401 permits.
3. Applicant shall provide mitigation for the proposed impacts to the buffer by
purchasing 111,252 sf of riparian buffer mitigation credits from the NC Division
of Mitiaation Services ILF Droaram and the Wildlands Holdinas Randleman
Lake Umbrella Mitigation Bank Instrument: Loflin Dairy Phase II Site.
4. Applicant must install Filterra biofiltration system as specified in the application.
5. Applicant must comply with the fertilization program as specified in the
application, including the use of SRFs and CRFs, application rates and
schedule.
6. Applicant must plant the 10' wide vegetated strip along both sides of the
stream as noted in the design plans submitted with the application.
Page 4 of 4 Rev 4-10-19