Riverpark Rezoning Letter to Forsyth County Commissioners

August 15, 2022 

Dear Forsyth County Commissioners,

Two Yadkin Riverkeeper members who live in a neighborhood off Idols Road brought to our attention that a proposed rezoning request (Zoning Petition F-1617) is under consideration as part of the "Riverwalk" development on Idols Road. The proposal would rezone approximately 318 acres currently in the Yadkin River (YR), Agriculture (Ag) and RS-30 districts to zoning (YR-S, RS15-S, RM5-S) suitable for higher density development. 

Yadkin Riverkeeper (YRK), whose mission is to protect and enhance the Yadkin River, respectfully request that you oppose this rezoning because it will destroy a critical, intact forested/farmland riparian buffer, which should be a park or preserved farmland. The proposal also is totally inconsistent with the purposes of the Yadkin River zoning district, which according to Section 4.5.1 A of the Winston-Salem/Forsyth County Unified Development Ordinance include:

“4.5.1 YR YADKIN RIVER CONSERVATION DISTRICT  

A. PURPOSE The YR District is intended primarily to protect the community's main water supply, preserve the historic features of this area, and preserve the natural beauty of a continuous conservation corridor along the Yadkin River. This zoning district is the most restrictive, with low density residential development the primary use allowed. Objectives of the district are the following:  

1. Protection of water supply;  
2. Maintenance of rural character;  
3. Protection of sensitive natural, historical, recreational, and visual resources;  
4. Retention of natural topography and vegetation;  
5. Control of sedimentation and other nonpoint source pollution; and  
6. Support and encouragement of agricultural activities. “ 

Contrary to the developer’s statement and the Planning Department staff’s recommendation, the proposed rezoning is not compatible with the purposes of the Yadkin River zoning district. On page 2 of the staff report in the petition, staff acknowledges this development is inconsistent with Growth Management Area 5, within which some of the development lies. That recommendation concludes that “encroachment” is acceptable due to the newly available sewer capacity.

According to YRK's report, Roadmap to A Cleaner Yadkin, Forsyth County has six of the top-10 most stressed sub-basins in the Yadkin River watershed above High Rock Lake due to stormwater runoff. Allowing this development to go forward as planned will only exacerbate this problem. Expanding sewer lines, cutting down old growth forest and clearing/grading the land will impact local surface water and groundwater in the area. Based on modeling done by the Piedmont Regional Council for the Roadmap report, the sub-basin (12-digit Hydrologic Unit Code (HUC) 030401011501 - Carter's Creek/Yadkin River) in which this development is proposed, is ranked 23rd out of 127 HUC basins above High Rock Lake as being the most stressed by nonpoint source pollution (runoff from development/agriculture).

One of YRK's major priorities is to work with government agencies and land conservation organizations to protect forested and undeveloped riparian buffers along the Yadkin River and its major tributaries. This proposal would destroy a classic intact riparian buffer just upstream from Idols Dam, which is currently under repair by WSFC Utilities. Additional runoff from this site during construction and once developed will increase sedimentation and nutrient loading in the River and potentially add further stress and sediment loading at the base of Idols Dam.

The proposed rezoning request is totally incompatible and inconsistent with the current zoning, Growth Management Area 5 and comprehensive land use plan and represents a dangerous departure from existing requirements put in place to protect the River's floodplains and Water Supply Watershed IV water classification and prime farmland. Further degradation of water quality in this part of the River may lead to it being classified as impaired, threatening its use as a drinking water supply and recreational resource.

The majority of the property in the YR zoning district is located within the existing floodplain of the River, where no development is/should be allowed. The US Forest Service projects the amount of developed area in the Yadkin River watershed above High Rock Lake will more than double between 2020 and 2060, increasing from 13 percent to 32 percent, making it even more critical we protect existing flood plains and riparian areas along the River and its tributaries.

The NC Climate Science Report has concluded North Carolina will experience an increase in extreme storms events and precipitation levels that will only intensify flooding due to increased runoff from impermeable surfaces. According to the National Centers for Environmental Information, between April 2018 to March 2021, Forsyth County experienced three of its wettest 12-month periods since 1910. Existing 100-year flood plain maps do not currently reflect the impact this may have on homes and developments built near the floodplain. The nearby Salem Glen development and golf course regularly experiences flooding as does Dock Davis Road.

At a minimum, YRK would recommend maintaining the YR zoning district and the lower density zoning for that zone (minimum lot size 3 acres) be used for the Agricultural land rezoning. Keeping development out of the floodplain and flood zone is not sufficient to protect the River buffer currently zoned YR, nor does it achieve the purposes of that zoning district. The developer should not be able to use the entire acreage being rezoned as the basis for density requirements, which appears to be the case in this petition. The result of allowing them to include land that cannot be built on, has the effect of lowering the minimum lot size.

The NC Environmental Management Commission (EMC) recently adopted a chlorophyll-a standard for High Rock Lake, which will ultimately require upstream reductions in nutrients, such as phosphorus and nitrogen. As part of this plan, Winston-Salem/Forsyth County may be required to reduce nutrients in its wastewater discharge, minimize urban stormwater runoff and set aside buffers to help achieve that standard. It would be prudent to begin protecting those buffer areas now and limit further development in the River floodplain to reduce the future costs of compliance.

Last, but certainly not least, NC ranks second in the nation in the loss of productive farmland. According to the US Department of Agriculture Census, Forsyth County lost nearly 5,700 acres, or 14 percent, of its farmland between 2012-2017. This number is only going to increase when USDA publishes the next census later this year.

YRK is concerned about the loss of productive farmland and undeveloped land to absorb ever increasing rainfall and runoff from urban areas and new developments. In addition to protecting water quality and reducing sedimentation, preserving the rural character and promoting agriculture, particularly local food production, are major objectives of the YR zoning district.

YRK applauds the County’s previous efforts to acquire this land to add to Tanglewood Park. The Commissioners should deny this request and immediately reinitiate efforts to conserve this land and the “environmental services” it provides (i.e., clean water, wildlife habitat, recreation) for future generations. Several major land conservation organizations remain interested in the property due to its “conservation values.”

I would strongly encourage you to go visit the site if you haven’t been there before the Commission takes this issue up again. I would be happy to meet you out there to discuss our concerns.

Once you see the rolling hills, old growth hardwood forest abundant water resources and lush pasture lands, I think you will agree it would be a travesty for this site to be developed at the level proposed in the rezoning application. If added to Tanglewood, this could provide Forsyth County with a park that would rival the new Dix Park in Raleigh, including extensive River frontage.

Please consider voting this rezoning request down to ensure future generations have clean water and abundant farmland. This is a terrible place to put 540 homes. Conserving this land for public benefits, ecological services and future generations will be a great legacy for Forsyth County and the Yadkin River and a win-win situation for all involved.

Thank you for your consideration and please let me know if you have any questions about YRK’s comments. I would be happy to meet with any of you individually or address you at your August 18 briefing and/or August 25 meeting.

Thank you for your consideration.

Sincerely,

Edgar Miller
Riverkeeper/Executive Director
Yadkin Riverkeeper
336-688-2651