20190289 Ver 2_5-BOCC_Legislation Details-Approved_20190521

OF GUS Guilford County 301 West Market Street
Greensboro, NC 27402
RTH CARO Legislation Details (With Text)
File #:
2019-230 Version: 1 Name:
Type:
New Business Status: Passed
File created:
4/18/2019 In control: Board of Commissioners - Work Session
On agenda:
4/30/2019 Final action:
Title:
AFFIRM AND SUBMIT THE PLANNING BOARD'S FINDINGS AND RECOMMENDATION TO
APPROVE THE MAJOR BUFFER VARIANCE FOR PUBLIX SUPER MARKET'S, INC. PROPOSED
CORPORATE CAMPUS, BEING TAX PARCEL #117416, LOCATED AT 311 BIRCH CREEK RD., AS
GUILFORD COUNTY'S PRELIMINARY FINDINGS TO THE NC ENVIRONMENTAL MANAGEMENT
COMMISSION
Sponsors:
Indexes:
Code sections:
Attachments:
1. Publix—Major—BV 19-02-GCPL-01468.pdf, 2. Planning board power point 4.10.19.pdf
Date
Ver. Action By Action Result
TITLE
AFFIRM AND SUBMIT THE PLANNING BOARD'S FINDINGS AND
RECOMMENDATION TO APPROVE THE MAJOR BUFFER VARIANCE FOR
PUBLIX SUPER MARKET'S, INC. PROPOSED CORPORATE CAMPUS, BEING TAX
PARCEL #117416, LOCATED AT 311 BIRCH CREEK RD., AS GUILFORD COUNTY'S
PRELIMINARY FINDINGS TO THE NC ENVIRONMENTAL MANAGEMENT
COMMISSION
SPONSOR
J. Leslie Bell (Teresa Andrews)
BACKGROUND
Publix Super Markets Inc. (Publix) is requesting a major variance from the Jordan Lake Buffer
Rules per Guilford County Development Ordinance 7-1.9. The major variance is requested for
the purposes of establishing a corporate campus designed to meet the needs of Publix Super
Markets, Inc. Based on both the Guilford County Development Ordinance and the State of NC
Model Local Riparian Buffer Protection Ordinance for Lands within the Jordan Watershed, if
Guilford County determines that a Major Buffer Variance meets requirements for such, the
County shall prepare preliminary findings and submit it to the NC Environmental Management
Commission for approval.
At its April 10, 2019 Regular Meeting, the Guilford County Planning Board having held an
evidentiary hearing (quasi-judicial) for Major Buffer Case #19-02-GCPL-01468 voted 6 to 0 to
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File #: 2019-230, Version: 1
recommend to the Guilford County Board of Commissioners that the Major Buffer Variance
Request be approved and that the Findings of Fact and conclusions be affirmed (attached).
Staff requests that the Guilford County Board of Commissioners accept the Planning Board's
recommendation to approve the major buffer variance and submit its Findings of Fact and
conclusions as Guilford County's preliminary findings, on behalf of Publix Inc., to the NC
Environmental Management Commission in its consideration for a final
decision/determination.
The subject property is located at 311 Birch Creek Road, McLeansville, NC 27301 being Tax
Parcel #117416, approximately 338.69 acres, located in the Jefferson Township. Publix plans to
build a corporate campus which includes a refrigerated warehouse, dry warehouse, return
center, food manufacturing facility, parking and staging for tractor trailers, parking for
associates, and ancillary support facilities.
The Jordan Lake Buffer Rules apply to jurisdictional features that are found on either the most
recent version of the soil survey map prepared by the Natural Resources Conservation Service
of the United States Department of Agriculture, or the most recent version of the 1:24,000 scale
(7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey
(USGS); any alternative maps must be approved by the NC Environmental Management
Commission and the Geographic Information Coordinating Council prior to their use in a
determination. The Jordan Lake Buffer Rules consist of a 50 ft. buffer, beginning at the top of
the bank and extending outward, perpendicular to the stream. There are two zones to the buffer
- Zone 1 shall begin at the top of the bank and extend landward a distance of 30 ft. on all sides
of the surface water measured horizontally on a line perpendicular to a vertical line marking the
top of the bank; Zone 2 shall begin at the outer edge of Zone One and extend landward 20 ft. as
measured horizontally on a line perpendicular to the surface water. The combined width of
Zones 1 and 2 shall be 50 ft. on all sides of the surface water.
The stream buffer must remain undisturbed except for the uses provided in the Table of Uses,
Table 7-1-2, Section 7-1.9(A)6)b (attached) of the Guilford County Development Ordinance.
Any use within Zone 1 not listed within the Table of Uses (Table 7-1-2) in the Guilford County
Development Ordinance requires a major variance. Thus, Publix is proposing grading/fill
impacts not categorized within the Table of Uses totaling 54,019 sq. ft. in Zone 1 and 39,616
sq. ft. in Zone 2, and plan to pay mitigation on a 3:1 basis for Zone 1 and a 1.5:1 basis for Zone
2 (see attached power point presentation).
BUDGET IMPACT
NO ADDITIONAL COUNTY FUNDS REQUIRED
REQUESTED ACTION
Affirm and submit the Planning Board's findings and recommendation to approve the major
buffer variance for Publix Super Market's, Inc. proposed corporate campus, being Tax Parcel
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File #: 2019-230, Version
#117416, located at 311 Birch Creek Rd., as Guilford County's preliminary findings to the NC
Environmental Management Commission
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