3426_UCLDLCID_zoning&sitingapproval_FID1394705_20200323

From:Tanner Boyles
To:Chao, Ming-tai
Subject:[External] Fw: Tucker LCID
Date:Monday, March 23, 2020 4:40:32 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]
Ming, as luck would have it the county replied to us after sending you and email this morning.
Please Look at the response from Desmond Corley, and if he would need to send thisstatement directly to you at NCDEQ in letter form I can request that from him. If this is
sufficient I will have the engineer draw designated compost area and storage and re submit theplan.
Thank you
Tanner
Sent from Yahoo Mail on Android [go.onelink.me]
----- Forwarded Message -----From: "David Coe" <[e-mail]>
To: "Desmond Corley" <[e-mail]>
Cc: "[e-mail]" <[e-mail]>
Sent: Mon, Mar 23, 2020 at 4:33 PMSubject: Re: Tucker LCIDThank you Desmond. I appreciate your efforts, as well as those of Chris, Aaron, and thefolks in legal to get Tanner an answer.
Brad
On Mar 23, 2020, at 3:31 PM, Desmond Corley <[e-mail]>wrote:
Brad,

We were able to ascertain from the attorneys that underlying zoning dictates what
can happen on a property in the event a Special Use Permit site plan does not
designate a particular use for portions of a property. In this case, because the leaf
composting can be associated with farming activities, it would be considered
accessory to those agricultural uses.

Desmond Corley, AICP, CZO
Land Use Coordinator
Winston-Salem/Forsyth County Planning and Development Services
p: 336.747.7065 Ι e: [e-mail]

From: Desmond Corley
Sent: Tuesday, March 10, 2020 11:42 AM
To: [e-mail]
Cc: [e-mail]; Chris Murphy <[e-mail]>
Subject: Tucker LCID

Brad,

An update on where we are with our LCID questions: The UDO and County
Ordinance don’t authorize us to approve any site plan changes to Special Use
Permits at the administrative level, but we’re working on a way to make this work
without going back to the elected body. As part of that work, we’re getting
feedback from the County Attorney’s office and having discussions with them
regarding our overall limitations with Special Use Permits approved by the Board of
Commissioners. We’ll be in touch once we have a solid answer on what you need to
do.

Please feel free to reach out with any questions in the meantime.

Desmond Corley, AICP, CZO
Land Use Coordinator
Winston-Salem/Forsyth County Planning and Development Services

100 E First Street, Suite 201
Winston-Salem, NC 27101
p: 336.747.7065 Ι
e: [e-mail]

<image001.jpg>
City Council: Mayor Allen Joines; Vivian H. Burke, Mayor Pro Tempore, Northeast Ward; Denise D. Adams, North Ward; Dan Besse, Southwest Ward; Robert C. Clark, West Ward; John C. Larson, South Ward; Jeff MacIntosh, Northwest Ward; Derwin L. Montgomery, East Ward; James Taylor, Jr., Southeast Ward; City Manager: Lee D. Garrity County Commissioners: David R. Plyler, Chairman; Don Martin, Vice Chair, Fleming El-Amin; Ted Kaplan; Richard V. Linville; Gloria D. Whisenhunt; Everette Witherspoon; County Manager: Dudley Watts, Jr. City-County Planning Board: Arnold G. King, Chair; Chris Leak, Vice-Chair; George M. Bryan, Jr.; Melynda Dunigan; Jason Grubbs; Tommy Hicks; Clarence R. Lambe, Jr.; Johnny Sigers; Brenda J. Smith

April 25, 2018

Elizabeth Tucker
7301 Watkins Ford Road Kernersville, NC 27284

Re: Special Use Permit F-1575

Dear Petitioner:
The attached report of the Planning Board to the Forsyth County Board of Commissioners is
sent to you at the request of the Commissioners. You will be notified by the Board of Commissioners’
Office of the date on which the Commissioners will hear this petition.

Sincerely,

A. Paul Norby, FAICP
Director of Planning and Development Services
pc: Clerk to the Board of Commissioners, Forsyth County Government Center - 5th Floor, 201 N.
Chestnut Street, Winston-Salem, NC 27101
Brad Coe, PO Box 36, Wallburg, NC 27373

FORSYTH COUNTY
BOARD OF COMMISSIONERS

MEETING DATE: ________________________AGENDA ITEM NUMBER: _______
SUBJECT:
A. Public Hearing on special use permit request of Elizabeth Tucker for a Land Clearing and
Inert Debris (LCID) Landfill (F-1575).

B. Approval of Special Use Permit.
C. Approval of Site Plan.

COUNTY MANAGER’S RECOMMENDATION OR COMMENTS:

SUMMARY OF INFORMATION:
See attached staff report.

After consideration, the Planning Board recommended Approval of the special use permit.

ATTACHMENTS: X YES NO

SIGNATURE: DATE: ________________
County Manager

DOCKET F-1575 SPECIAL USE PERMIT
OF ELIZABETH TUCKER
ISSUED BY THE FORSYTH COUNTY BOARD OF COMMISSIONERS
BE IT ORDAINED by the Board of Commissioners of Forsyth County as follows:
Section 1. The Board of Commissioners hereby makes an affirmative finding as follows,
based upon the material and competent evidence presented at the public hearing:
1. That the use will not material endanger the public health or safety if located where proposed and developed according to the application and plan as submitted and
approved;
2. That the use meets all required conditions and specifications;
3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. That the location and character of the use, if developed according to the application and
plan submitted and approved, will be in harmony with the area in which it is to be
located and in general conformity with Legacy.

Section 2. The Forsyth County Board of Commissioners hereby issues a special use permit
for Land Clearing and Inert Debris Landfill greater than 2 acres in an AG zoning district in
accordance with Section 6-1.5 of the Zoning Ordinance of the Unified Development Ordinances
to Tanner Boyles LCID to be established on the following described property:

PIN# 6873-46-7800

The site shall be developed in accordance with Attachment “A”, provided the property is
developed in accordance with requirements of the Zoning Ordinance of the Unified Development
Ordinances, and other applicable laws, and the following additional conditions be met: • PRIOR TO ISSUANCE OF ANY PERMITS: a. No permits for land clearing and inert debris landfills shall be approved until all
plans, including plans for rehabilitation of sites, have been reviewed and approved by
the North Carolina Department of Environmental Quality (NCDEQ). b. Record a final plat and rehabilitation/reuse plan in the office of the Register of Deeds.

• PRIOR TO ISSUANCE OF GRADING PERMITS:
a. Developer shall obtain a driveway permit from the North Carolina Department of Transportation. b. Petitioner shall obtain a Watershed Permit from Erosion Control.

• PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS
a. All required improvements of NCDOT driveway permit shall be completed.
b. All security fencing and security entry gate(s) shall be installed in substantial conformance with the approved site plan.
• OTHER REQUIREMENTS:
a. Developer shall prohibit truck traffic into abutting properties.

F-1575 April 2018 1
CITY-COUNTY PLANNING BOARD STAFF REPORT

PETITION INFORMATION
Docket # F-1575
Staff Bryan D. Wilson
Petitioner(s) Elizabeth Ann Tucker
Owner(s) Same
Subject Property PIN # 6873-46-7800
Address 7301 Watkins Ford Road
Type of Request County Commissioners special use permit request for the development of a Land Clearing and Inert Debris (LCID) Landfill.

Approval of a special use permit depends upon an affirmative finding of
all Findings of Fact as found in the Other Applicable Plans and Planning Issues section below.
GENERAL SITE INFORMATION
Location North side of Watkins Ford Road, west of Teague Lane
Jurisdiction Forsyth County
Site Acreage ± 18.28 acres
Current
Land Use
The site is currently undeveloped.
Surrounding
Property Zoning
and Use
Direction Zoning District Use
North AG Single family home
East AG Undeveloped property and
single family homes
South AG Undeveloped
property(agricultural uses)
West AG & RS12-S PRD Undeveloped property and
one single family home
Physical Characteristics
The site is currently undeveloped, with a substantial downward grade
from the perimeter of the site towards the northern-central portion where
the LCID will be located. The northern portion of the site is heavily
wooded. The southern half of the property is cleared. A wooded strip of
varying width is located on the eastern property line
Proximity to
Water and Sewer
Public water and sewer are available to the site.
Stormwater/
Drainage
No requirement.
Watershed and
Overlay Districts
The site is located within the Abbotts Creek WSIII Water Supply
Watershed. A watershed permit will be required.
Analysis of
General Site
Information
Due to the site’s location, natural screening, and steep topography, the
subject property lends itself well to the proposed Land Clearing and
Inert Debris Landfill.

F-1575 April 2018 2
SITE ACCESS AND TRANSPORTATION INFORMATION
Street Name Classification Frontage Average
Daily
Trip Count
Capacity at Level of
Service D
Watkins Ford Road Minor Thoroughfare 756’ 2,100 15,800
Proposed Access
Point(s)
Access will be provided by an existing gravel drive to Watkins Ford
Road.
Trip Generation -
Existing/Proposed
No trip rate generation estimate is available for the proposed use.
Sidewalks There are no sidewalks along Watkins Ford Road
Analysis of Site Access and
Transportation
Information
A 20’ graveled access road will provide access to the LCID landfill.
Staff recommends a condition prohibiting truck traffic into the abutting
properties.
SITE PLAN COMPLIANCE WITH UDO REQUIREMENTS
Building Square Footage Square Footage Placement on Site
600’ Eastern-central portion of the site
Parking Required Proposed Layout
2 spaces 2 spaces 90° head-in
Building Height Maximum Proposed
40’ One story
Impervious Coverage Maximum Proposed
24% 2.48%
UDO Sections Relevant to
Subject Request
• Chapter B, Article II, Section 2-1.2 (B) AG District
• Chapter B, Article II, Section 2-5.41 Landfill, Land Clearing and
Inert Debris (LCID)
• Chapter B, Article VI, Section 6-1.5 Special Use Permits Authorized
by the Elected Body
Complies with Chapter B,
Article VII,
Section 7-5.3
(A) Legacy 2030 policies: Yes
(B) Environmental Ord. Yes
(C) Subdivision Regulations N/A
Analysis of Site
Plan Compliance
with UDO Requirements
The site plan depicts a 6.5 acre LCID landfill area. The site plan
illustrates the required 100’ setback from the abutting residentially zoned properties. A 600 square foot accessory office will be place at the curve of the proposed drive close to the central eastern property line.
Site access will be provided by a 20’ wide gravel drive emptying onto
Watkins Ford Road. The site plan shows the required security fencing,
access gate, and signage to be installed along the southern property line next to Watkins Ford Road. The site plan meets the requirements of the UDO.

F-1575 April 2018 3
CONFORMITY TO PLANS AND PLANNING ISSUES
Legacy 2030
Growth
Management Area
Growth Management Area 3 -Suburban Neighborhoods
Relevant Legacy 2030 Recommendations
• Promote compatible infill development that fits with the context of its surroundings.
• Ensure appropriate transitional land uses or physical buffering
between residential and nonresidential uses to maintain the character
and stability of neighborhoods
Relevant Area
Plan(s)
Southeast Forsyth County Update (2013)
Area Plan
Recommendations • The most prevalent zoning in the plan area is the Agricultural (AG)
District with 7,377 acres (p. 9).
Site Located
Along Growth
Corridor?
No.
Site Located
within Activity
Center?
No.
Comprehensive
Transportation Plan Information
The Comprehensive Transportation Plan recommends adding 5’ of
additional shoulder and a shared bike lane with no additional right-of-way requested.
Other Applicable
Plans and Planning Issues
The Board of Commissioners shall issue a special use permit only when the Board of Commissioners makes an affirmative finding as follows (Planning staff comments in italics):

Board of Commissioners Findings:
1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the application and plan as submitted and approved. (Yes).
2. That the use meets all required conditions and specifications. (Yes,
the subject request will meet the minimum requirements of the UDO).
3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and, (Planning staff does not have the expertise to make property value
determinations).
4. That the location and character of the use, if developed according to
the application and plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with Legacy 2030. (Yes).
Addressing Address issued for LCID Landfill: 7301 Watkins Ford Rd.
Comments from
The Town of Kernersville
The Kernersville Planning Department was contacted regarding this
case and provided no additional comments.

F-1575 April 2018 4
Analysis of
Conformity to Plans and Planning Issues
The request for an elected body special use permit would allow for a Land Clearing and Inert Debris Landfill (LCID) to be operated on the subject property. This type of landfill is distinct from a Sanitary Landfill
or a Construction and Demolition Landfill in that it is “…limited to
receiving land clearing waste, concrete, brick, concrete block,
uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash.”. The proposed use will not require the use of public water or sanitary
sewer service. The site is bordered by similarly zoned Agricultural
District property on all sides, excepting one property abutting the
northeastern property line that is zoned RS12-S-PRD. The majority of the abutting properties lie within Town of Kernersville city limits. Kernersville Planning has declined comment regarding this case.

The site lies within the Abbots Creek WSIII watershed, and therefore
will need to submit for both an erosion control plan and a watershed plan permit. Staff is recommending a condition prohibiting truck traffic into abutting properties. The developer illustrates a gate preventing access to
the western property on the proposed site plan.

The steep inward sloping topography along with the natural screening of the existing woodland lend the site well to the proposed use. The proposed use and site plan are both in conformance with Legacy 2030
recommendations and UDO requirements, therefore Planning staff is
supportive of the request.
CONCLUSIONS TO ASSIST WITH RECOMMENDATION
Positive Aspects of Proposal Negative Aspects of Proposal
The request is in conformance with the
recommendations of Legacy 2030.
The request may place industrial traffic in close
proximity to existing homes.
The special use permit request appears to
meet findings 1, 2, and 4.
The request would provide additional
convenient fill area for other development
projects in the area.
SITE-SPECIFIC RECOMMENDED CONDITIONS OF APPROVAL

The following proposed conditions are from interdepartmental review comments and are
proposed in order to meet codes or established standards, or to reduce negative off-site
impacts. • PRIOR TO ISSUANCE OF ANY PERMITS: a. No permits for land clearing and inert debris landfills shall be approved until all
plans, including plans for rehabilitation of sites, have been reviewed and approved
by the North Carolina Department of Environmental Quality (NCDEQ). b. Record a final plat and rehabilitation/reuse plan in the office of the Register of Deeds.

F-1575 April 2018 5
• PRIOR TO ISSUANCE OF GRADING PERMITS: a. Developer shall obtain a driveway permit from the North Carolina Department of Transportation.
b. Petitioner shall obtain a Watershed Permit from Erosion Control.

• PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS a. All required improvements of NCDOT driveway permit shall be completed. b. All security fencing and security entry gate(s) shall be installed in substantial
conformance with the approved site plan.

• OTHER REQUIREMENTS: a. Developer shall prohibit truck traffic into abutting properties.
STAFF RECOMMENDATION: Approval
NOTE: These are staff comments only; a certification of compliance of the site plan with UDO
requirements is made by the City-County Planning Board; with final decisions on the special use
permit being made by the appropriate Elected Body, who may approve, deny, table or request
modification for any project. THE APPLICANT OR REPRESENTATIVE IS STRONGLY ENCOURAGED TO ATTEND THE PUBLIC HEARINGS WHERE THE CASE WILL BE CONSIDERED BY THE PLANNING BOARD AND THE ELECTED BODY.

F-1575 April 2018 6

CITY-COUNTY PLANNING BOARD
MINUTES FOR F-1575
APRIL 12, 2018

Aaron King presented the staff report.

WORK SESSION

MOTION: Clarence Lambe moved approval of the Planning Board Review for the site plan.
SECOND: Chris Leak
VOTE:
FOR: George Bryan, Melynda Dunigan, Jason Grubbs, Tommy Hicks, Arnold King,
Clarence Lambe, Chris Leak, Johnny Sigers, Brenda Smith
AGAINST: None
EXCUSED: None

____________________________
A. Paul Norby, FAICP
Director of Planning and Development Services

Printed: 3/16/2018
PROPOSED ZONING:Special Use Permit for LCIDGreater Than Two Acres
EXISTING ZONING:AG
SCALE: 1'' represents 600'
STAFF: Wilson
GMA: 3
ACRES: 18.28
DOCKET #: F1575
F
BLDG: 67' westNEAREST
PETITIONER:Elizabeth Tucker (TannerBoyles LCID)
MAP(S): 6873.01, 6873.02
Property included in zoning request.
500' mail notificationradius. Property not in zoning request.
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RS12-S-PRD
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Southeast Forsyth CountyArea Plan Update, 2013(Proposed land uses shown are generalized.See area plan for specific recommendtations.)
Activity Center
Special Land Use Condition Areas*
Proposed Land UseLarge-Lot Residential or Agricultural Program
Low-Density ResidentialModerate-Density Residential
Intermediate-Density Residential
Manufactured Housing Park
Office/Low-Intensity CommercialCommercial
Mixed-Use Development
Industrial
InstitutionalPark/Open Space
Commercial Recreation
Utilities
SITE PLAN REVIEW RECORD April 11, 2018, Planning Board Meeting

1) SITE PLAN TITLE AND NUMBER: Tanner Boyles LCID F-1575

2) TYPE OF DEVELOPMENT: Land Clearing and Inert Debris Landfill greater than 2 acres
in an AG zoning district. Requires a Special Use Permit from the Forsyth County Board of
Commissioners

3) ACREAGE: 18.28

4) ZONING: Existing: AG

5) # UNITS/LOTS: N/A

6) SITE PLAN PREPARER: Coe Forestry & Surveying c/o Brad Coe
P.O. Box 36
Wallburg, N.C. 27373
PHONE: [phone]
E-MAIL: [e-mail]

7) OWNER AND/OR AGENT: Same

8) CONDITIONS: (These conditions are additional requirements for development. All other
city or county code regulations still apply.)

• PRIOR TO ISSUANCE OF ANY PERMITS:

a. No permits for land clearing and inert debris landfills shall be approved until all
plans, including plans for rehabilitation of sites, have been reviewed and approved
by the North Carolina Department of Environmental Quality (NCDEQ).
b. Record a final plat and rehabilitation/reuse plan in the office of the Register of
Deeds.

• PRIOR TO ISSUANCE OF GRADING PERMITS:

a. Developer shall obtain a driveway permit from the North Carolina Department of
Transportation.
b. Petitioner shall obtain a Watershed Permit from Erosion Control.

• PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS

a. All required improvements of NCDOT driveway permit shall be completed.
b. All security fencing and security entry gate(s) shall be installed in substantial
conformance with the approved site plan.

• OTHER REQUIREMENTS:

a. Developer shall prohibit truck traffic into abutting properties.
F-1575 Tanner Boyles
LCID
Bryce A. Stuart Municipal Building
100 East First Street, Suite 225
Winston-Salem, NC 27101
Phone: [phone] Fax: [phone] City of W-S Planning

Brad Coe
Coe Forestry and Surveying
P.O. Box 36
Wallburg, NC 27373

Project Name: F-1575 Tanner Boyles LCID
Jurisdiction: City of Winston-Salem
ProjectID: 188976

Wednesday, March 28, 2018

Please Provide "Instructions to Applicant for X1.04) Application for Special Use Permit

Open Issues: 14 These issues are currently being filtered
Erosion Control
General Issues
2. Erosion Control Plan Needed
City of Winston-Salem
Matthew Osborne
336-747-7453
[e-mail]
3/14/18 10:22 AM
01.04) Special Use
Permit - 2
If the proposed project creates more than 10,000 sq. feet of land disturbance, an Erosion Control/Grading Permit will be
required prior to the start of work. In order to obtain this permit you must submit a professionally designed Erosion and
Sedimentation Control Plan along with an original signed/notarized Financial Responsibility/Ownership (FRO) form
for review and approval. Please submit the plan through the electronic plan review portal at the following link:
https://winston-salem.idtplans.com/secure/
[Ver. 2] [Edited By Matthew Osborne]

3. Watershed Permit Needed
City of Winston-Salem
Matthew Osborne
336-747-7453
[e-mail]
3/14/18 10:20 AM
01.04) Special Use
Permit - 2
This project resides within the Lower Abbotts Creek Watershed Protection Area which is regulated per Winston-
Salem/Forsyth Co. UDO, Chapter C, Article IV - Watershed Protection. As a result, an application for a Watershed
Protection Permit must be submitted and approved prior to the start of work. The site plan must show all existing Built
Upon Area (BUA), all newly proposed BUA, and associated calculations noting both square footage of impervious cover, as
well as percent of total parcel coverage. Furthermore, additional special provisions require that 50 foot undeveloped buffers
(inner 30 feet undisturbed) must be shown and established on-site for all existing streams as outlined in the ordinance. Please
submit the plan through the electronic plan review portal at the following link: https://winston-salem.idtplans.com/secure/
[Ver. 2] [Edited By Matthew Osborne]

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Fire/Life Safety
17045.pdf [5 redlines] (Page 1)
7. Cloud+ B
Forsyth County Fire
Department
Scott Routh
336-703-2560
[e-mail]
3/16/18 7:49 AM
01.04) Special Use
Permit - 2
Access Road is greater than 150', need to add an approved turn around area. 503.2.5
8. Cloud+ B
Forsyth County Fire
Department
Scott Routh
336-703-2560
[e-mail]
3/16/18 7:49 AM
01.04) Special Use
Permit - 2
Any gate shall be approved by this office.
9. Cloud+ B
Forsyth County Fire
Department
Scott Routh
336-703-2560
[e-mail]
3/16/18 7:49 AM
01.04) Special Use
Permit - 2
There is no fire hydrant shown on the plans. One will need to be shown prior to any
building being put on the property to assure proper distance.

Health Department
General Issues
10. Wastewater Application for office building
Forsyth County Health
Department
Brock Turner
336-703-3134
[e-mail]
3/20/18 11:32 AM
01.04) Special Use
Permit - 2
If the proposed office building will require a on-site septic system, then an application to
the Forsyth County Health Department should be submitted.
While reviewing the proposed LCID plan, the 100' setback from the property line should
prevent any conflict with any other surrounding property of existing wells or septic
systems.

IDTP
17045.pdf [7 redlines] (Page 1)
6. Callout B

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City of Winston-Salem
Gary Roberts
336-747-7069
[e-mail]
3/14/18 2:54 PM
01.04) Special Use
Permit - 2
As per Use Condition 2-5.41 (D) no grading is allowed within the ist 100'.
MapForsyth Addressing Team
General Issues
5. Addressing & Street Naming
MapForsyth
Stacy Tolbert
3367477497
[e-mail]
3/14/18 1:02 PM
01.04) Special Use
Permit - 2
Address issued for LCID Landfill: 7301 Watkins Ford Rd.

NCDOT
General Issues
14. NCDOT Comments
NCDOT Division 9
Victoria Kildea
336-747-7900
[e-mail]
3/27/18 9:07 AM
01.04) Special Use
Permit - 2
NCDOT driveway permit required.
Gate needs to be located 75' from edge of pavement.

Planning
General Issues
16. Conditions
City of Winston-Salem
Bryan Wilson
336-747-7042
[e-mail]
3/27/18 10:17 AM
01.04) Special Use
Permit - 2
Staff will recommend a condition to install a sign on western property line stating " no
through truck traffic."

Utilities
General Issues
4. General Comment

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City of Winston-Salem
Charles Jones
336-727-8000
[e-mail]
3/14/18 10:28 AM
01.04) Special Use
Permit - 2
Please be aware there is a 12" Water Main and a 20" Sanitary Sewer Force Main in the
northern right-of-way of Watkins Ford Road. Do not disturb these lines.
WSDOT
17045.pdf [7 redlines] (Page 1)
11. Callout B
City of Winston-Salem
Jeffrey Fansler
336-727-8000
[e-mail]
3/21/18 4:16 PM
01.04) Special Use
Permit - 2
Show Parking
12. Callout B
City of Winston-Salem
Jeffrey Fansler
336-727-8000
[e-mail]
3/21/18 4:16 PM
01.04) Special Use
Permit - 2
Provide turnaround for when gate is closed
13. Callout B
City of Winston-Salem
Jeffrey Fansler
336-727-8000
[e-mail]
3/21/18 4:16 PM
01.04) Special Use
Permit - 2
No Public Street

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