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1997-09-22 Work Session NEW HANOVER COUNTY BOARD OF COMMISSIONERS WORK SESSION, SEPTEMBER 22, 1997 BOOK 26 PAGE 122 ASSEMBLY The New Hanover County Board of Commissioners met with the Brunswick County Board of Commissioners and the Wilmington City Council on Monday, September 22, 1997, at 5:00 P.M. in the Council Chambers of the City Hall, 102 North Third Street, Wilmington, North Carolina. Members present were: Robert G. Greer, Chairman, New Hanover County Board of Commissioners William A. Caster, Vice-Chairman, New Hanover County Board of Commissioners Buzz Birzenieks, New Hanover County Commissioner Ted Davis, New Hanover County Commissioner Charles R. Howell, New Hanover County Commissioner Mayor Don Betz, City of Wilmington Mayor Pro Tern Catherine B. Moore, City of Wilmington Hamilton E. Hicks, Jr., City Councilmember Harper Peterson, City Councilmember Frank S. Conlon, City Councilmember Jo Ann B. Simmons, Chairman, Brunswick County Board of Commissioners William M. Sue, Vice-Chairman, Brunswick County Board of Commissioners Leslie Z. Collier, Brunswick County Commissioner David R. Sandifer, Brunswick County Commissioner Donald E. Warren, Brunswick County Commissioner Mayor Betz called the Wilmington City Council to order. Chairman Greer called the New Hanover County Board of Commissioners to order. Chairman Simmons called the Brunswick County Board of Commissioners to order. Mayor Betz stated this was a historic opportunity for the three governing bodies to sit as one to hear a briefing on draft plans that have been cooperatively developed among the governing entities. Technical assistance has been provided by the N. C. Division of Coastal Management, who awarded a $60,000 regional planning grant for the Cape Fear River Corridor Study, the North Carolina Department of Transportation, and DARE, who has raised $50,000 in private contributions to assist with funding the Downtown Plan. The Project Oversight Committee began the process in November 1996 and has held eighteen organizational meetings to prepare the two draft studies. The consultants, Tom Robinson and Dayton L. Sherrouse of Cranston, Robertson & Whitehurst, P.C., will present brief presentations on the draft plans. PRESENTATION OF THE CAPE FEAR RIVER CORRIDOR PLAN Mr. Dayton L. Sherrouse reported the study area involved the Cape Fear River and Brunswick River, 1000 feet from the bank on each side from the mouth of the river at Bald Head Island up to the Holmes Bridge where the Cape Fear River intersects at the Pender County line. After performing an assessment of the market trends in this area, tremendous growth has occurred. Between 1980 and 1996, the Brunswick County population increased by 75% and is projected to increase 35% by the year 2010. The population in New Hanover County increased by 39% in the same time period with a projected increase of25% by the year 2010. The community formed a partnership because of a desire to protect and use the resources of the Cape Fear River. The river is an important asset to industrial development, particularly industry that requires use of water resources and related transportation facilities. The river has a rich history of historic and cultural sites. There are opportunities for public and private cooperation along the river edge in areas to provide greater public use and access to the river. NEW HANOVER COUNTY BOARD OF COMMISSIONERS WORK SESSION, SEPTEMBER 22, 1997 BOOK 26 PAGE 123 The following protection mechanisms should be considered along the edges of the river: · Protection of the River's Qualities: Creation of upland buffers between new development and the river's wetlands to provide natural areas separating development from sensitive environments. The upland buffer would be a "no build" zone adjacent to the upland edges of river-associated jurisdictional wetlands where new buildings or paved surfaces would generally be prohibited for a depth of 50 feet for residential and recreational uses and 100 feet for industrial, commercial, and other non-residential uses. Variances for cases of hardship would be considered on an individual basis by local jurisdictions and by the cooperative review mechanism established to implement the plan. Encourage conservation reserves along the river's edge in cooperation with private property owners to preserve the environment for future generations through easement, donation, or voluntary conservation efforts. The sponsoring jurisdictions should be prepared to work with the owners to negotiate or support satisfactory arrangements. Develop coordinated mechanisms among counties and municipal entities to protect the resources of the river. It is imperative for the various jurisdictions to work cooperatively together to ensure the desired economic development of the river corridor. · Expand Use of the River: Attract new private uses on sites that adjoin or are already within developed areas along the river in order to make the best use of existing infrastructure, including utilities, roads, and drainage systems. Intensification of the existing urban areas will allow for more efficient land use within the corridor and assist in achieving the goals of greater recreational access and public space. Create new opportunities for public uses particularly along the New Hanover County side where population growth will be significant in downtown Wilmington and along the southern part of the river corridor. Expand existing parks and public lands, including the Carolina Beach State Park and Brunswick Town, in cooperation with Sunny Point. Explore potential reclamation of public lands at Eagle Island for long-term recreational use. Improve recreational boat access on the Brunswick and Cape Fear Rivers by taking advantage of existing facilities and planning for increased small boat access and land-side support. Increase urban connections to the river, especially in downtown Wilmington through extension of the River Walk in coordination with new development. Develop trail systems and publicly accessible riverfront spaces in coordination with new development. · Achieve Economic Development: The corridor can be developed through use of existing infrastructure to minimize the impact of costs. The State Port should be expanded and used as a catalyst for economic development in the region. Recognize the advantages which the river offers for new industry and capture residential growth and related service growth. · Program Public Investment to Reinforce the Plan: Investigate modifications to the planned regional highway system to support desired future development. The highway system planning continually responds to escalating traffic volumes accompanying population growth through the Transportation Improvement Program (TIP). The Corridor Plan has identified potential changes and additions to current regional plans which could direct and encourage development in appropriate locations within Brunswick County while providing relief for the congested road network at the center of Wilmington. These include: (1) addition of an interchange to the proposed Route 17 Bypass to provide access to potential industrial sites along the northerly sections of Brunswick County's Cape Fear Riverfront; (2) long-term re- thinking of a southerly high rise bridge across the River to serve the Port by investigating links to Brunswick County connecting Route 74/76 to the west and the Route 17 Bypass to open up additional industrial sites, which would be removed from the NEW HANOVER COUNTY BOARD OF COMMISSIONERS WORK SESSION, SEPTEMBER 22, 1997 BOOK 26 PAGE 124 river edge, but connected to the Port; and (3) planning and construction of potential development roads removed from the river edge in Brunswick County which would enable industrial development setback from the river. Encourage public-private partnerships for coordinated infrastructure and development whenever practical. · Explore Institutional Innovations for more Effective Use of Regional Public Assets: Several opportunities may be available to manage public lands and facilities to achieve the goals of the plan. At the Sunny Point Military Ocean Terminal, there are opportunities for joint use of deep water port facilities of the northern pier, military operated railroad service, adjoining lands to Brunswick Town, and the land abutting the Carolina Beach State Park. Also, expansion of the Port facility to the north could offer opportunities to develop new public- private partnerships for shipping facilities along the New Hanover County side of the river, concentrating these operations south of Memorial Bridge and taking advantage of the deeper channel serving the Port. Another consideration is cooperative planning with the Army Corps of Engineers to use the northern portion of Eagle Island for recreational purposes and still manage the dredge material operations. · Communicate the River's Cultural and Historic Resources: Wilmington and Southport are both riverfront communities which have important designated historic districts containing nationally recognized historic resources. Any development within these areas should respect the historic character of these districts and maintain linkages, both physical and visual, between the communities and the river. Recent State legislation (House Bill 1 059) amended the Coastal Area Management Act to allow non-water dependent uses on public trust areas within lands which meet several criteria, including historic designation, central business district zoning, waterfront location, local jurisdictional support, lack of adverse environmental impact, and consistency with the local urban waterfront development plan. The Corridor Plan recommends that developments which place non-water dependent uses over public trust lands should be subject to the following criteria: (1) preservation of river views by maintaining at least 50% of the linear frontage of public trust lands open for views; (2) provision of public access by preserving continuous public access along the river frontage and maintaining 50% of the area of the public trust property accessible to the public; (3) respect for traditional and historic waterfront scale of development by restricting any buildings over public trust lands to a maximum height of 3 5 feet above the historic land level; and (4) respect for the historic development pattern by restricting the improved site area of such development to that area which can be demonstrated to have been formerly either filled to a bulkhead line or historically built upon or over. Create a regional historic interpretive trail system linking various historic sites along the New Hanover County and Brunswick County sides of the River. Improve access to historic settlements such as Fort Fisher, Brunswick Town, Orton Plantation, and Old Town by a linked auto-oriented tour route and possible ferry connection. Seek designation of the Cape Fear River as an "American Heritage River." A federal initiative has been announced to designate at least ten (10) rivers as American Heritage rivers. Solicitation for nominations will be announced near the end of 1997. The Cape Fear River Corridor should be an ideal candidate for such designation because of its significant history, the extent of river-related historic and cultural resources, and the level of regional and state cooperation evidenced by the planning effort. The cooperating counties and municipalities should apply for designation as soon as the solicitation is received. NEW HANOVER COUNTY BOARD OF COMMISSIONERS WORK SESSION, SEPTEMBER 22, 1997 BOOK 26 PAGE 125 · Coordinating Regional Activities: The Cape Fear River Corridor Plan is a regional effort. The plan is a framework for regional actions. The following recommendations should be considered: Creation of mechanisms to insure regional compliance with the recommendations of the Cape River Corridor Plan by all jurisdictions adopting the plan and institutionalizing a process for review of future development proposals by all cooperating jurisdictions. Continue coordinated project development efforts by requiring the Project Oversight Committee to meet regularly to insure the plan is implemented and to follow-up on specific projects that have been identified, which will require inter-agency and multi- jurisdictional cooperation. In closing, Mr. Sherrouse reported the Cape Fear River Corridor Plan was a cooperative effort that must be maintained among the jurisdictions to successfully carry out the plan. PRESENTATION OF WILMINGTON DOWNTOWN PLAN: VISION 2020 Mr. Thomas H. Robertson reported the Wilmington Downtown Plan seeks to create a vision for the future that balances historic preservation, encourages economic development, maintains the character of the City, and protects environmental resources. The Downtown Plan is sponsored by the City of Wilmington, New Hanover County, DARE, and local supporters. The study area consists of the central business district and surrounding historic district between the bridges over the river and areas out to 23rd Street. Downtown Wilmington has experienced a great deal of growth with retail and office uses highly occupied and 200 housing units in the central business district. The key strategies and recommendations of the plan are as follows: · Encourage relocation of major industrial and shipping uses out of downtown to more suitable sites, enabling reclamation and reuse of the entire downtown waterfront for commercial and residential purposes. The plan recommends a cooperative effort to relocate Almont Shipping, suggesting a potential joint effort in conjunction with the expansion of the Port of Wilmington, south of Memorial Bridge. · Support of a new Convention Center to be developed in conjunction with a major hotel, on the Lee property north of the Coast Line Inn. Also, there should be a cooperative marketing effort of meeting and convention activities among existing and new downtown hotels. · Coordinate the current and future growth of Cape Fear Community College encouraging development of an urban campus to support the downtown use which fulfills an important mission for the region. · Support of increased residential development in downtown to increase the population base and street life of the entire district. There should be residential and mixed use development on the north side of downtown as well as a mix of infill and rehabilitated housing throughout the historic district and nearby neighborhoods. · Support extension of the River Walk between the Holmes and Memorial Bridges aligning the downtown to the river to insure public access to this regional resource. · Develop sufficient parking as well as conventional and innovative forms of transportation facilities and services properly located to serve downtown uses. Demolish the Water Street parking deck and replace with the following items: NEW HANOVER COUNTY BOARD OF COMMISSIONERS WORK SESSION, SEPTEMBER 22, 1997 BOOK 26 PAGE 126 (1) A mixed use of commercial facilities on the northern end near the Hilton Hotel. Further south, create an open public park to go hand-in-hand with the park being planned on the parking lot with the Hilton Hotel. The park would be designed to allow the periodic closing of Water Street for special public events. (2) On the southern part of the site, provide a parking deck with retail uses along the frontage of Water Street. This parking deck with the Hilton deck would replace parking loss from demolition of the current deck. (3) There is an opportunity to develop a park approximately 1.5 acres in the downtown area near the Hilton extending up to Front Street. · Establish guidelines for development that can be used to protect the historic quality, charm, and urbanity of downtown Wilmington. There should be revisions to height and density standards for downtown development as well as supplementary guidelines to encourage quality development. · Encourage an environment of quality along the Cape Fear River. In closing, Mr. Robertson reported if the plan is implemented, the citizens of the Wilmington area will have easy automobile access to critical parking and transportation nodes in the downtown region. The riverfront will be a major attraction in the downtown environment with shops and restaurants strategically located to take advantage of the resources along the river. Mr. Robertson advised that he and Mr. Sherrouse would be glad to answer any questions. Discussion was held on the "no build" zone. Mayor Betz expressed concern about counties have difficulty with the "no build" zone if this issue is not thoroughly explained. Mr. Robertson agreed with Mayor Betz and advised the overlay zone would be 1,000 feet from the bank of the river or 100 feet beyond the jurisdiction of wetlands. The actions by a local jurisdiction would be final. The "no build" area would be 100 feet from the upland buffer; therefore, the "no build" zone would extend 50 feet deep for residential uses and 100 feet deep for commercial, industrial, and non-residential uses. Within that buffer, trees greater than six inches in diameter would be preserved. Ideally, the buffer would be left in its natural state; however, low limbs could be pruned and the underbrush cleared out in conjunction with landscaping related to residential or commercial buildings. Port facilities and other water-dependent activities would be allowed. Any recreational uses consistent with the vegetative buffer would be allowed. Agriculture and forestry would be exempt ifbest management practices are followed. Commissioner Birzenieks inquired as to the total costs of the two plans and asked if the source of funding had been determined? Mr. Robinson responded the public expenditure for the Cape Fear River Corridor Plan was estimated at $298 million of which $240 million would be for construction of the high-rise bridge. This expenditure would not come from just one jurisdiction. A breakdown of figures can be distributed to the governing bodies. The Downtown Plan is estimated at $360 million of which $71 million would be public funding and $289 million private funding. This would be a four-to-one payoff of the public investment over 25 years. Councilmember Conlon commented on the construction of a high-rise bridge and asked if consideration had been given to placing the power lines underneath the new bridge if this project becomes a reality? Mr. Robinson responded the power lines were a shipping hazard and needed to be raised; however, this item was not included in the plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS WORK SESSION, SEPTEMBER 22, 1997 BOOK 26 PAGE 127 Councilmember Peterson commented on attending the Advisory Committee meetings and stated the number one concern was the maintenance and enhancement of water quality in the river. He asked how everyone could be assured that any and all development would not have a negative impact on water quality? Mr. Robinson responded water quality was a major concern. Currently, the lower Cape Fear River is at the limit of its ability to assimilate additional waste. It will be difficult to site a new industry unless environmental standards are met. The basic principle of the plan for development along the corridor is to concentrate on areas that are already developed by utilizing existing infrastructure and redeveloping areas that are already paved as well as create the upland buffer along the wetlands to filter runoffinto the river and improve water quality. The plan also suggests that the Project Oversight Committee be continued beyond the study to meet and deal with development issues as well as assist with coordinating the regulatory aspects of the Cape Fear River Corridor Plan. Councilmember Hicks noted the plan mentioned the possibility of Almont Shipping moving from the downtown site to the State Port. He asked if the current agreement with the City of Wilmington and the Port had been reviewed for use of the old Taylor/Colquitt property, and if discussion had been held with Almont Shipping about this sensitive matter? Mr. Robinson advised that discussion was held with the City Attorney, and the agreement was reviewed. Also, discussion was held with Almont Shipping. The company is satisfied with its present location; however, economically it would be beneficial to Almont Shipping and the Port for the relocation to occur. Mayor Pro Tern Moore requested an explanation of the federal funding that could be received if the Cape Fear River was designated as an "American Heritage River"? Mr. Robinson responded the American Heritage River program does not inform governmental entities that federal funding is available. Instead, the program is a coordination of existing federal programs and agencies. Cooperative planning and knowledge among agencies will enhance the possibility of receiving federal funding. The Project Oversight Committee has assigned the investigation of the river designation to the New Hanover County Planning Staff. Brunswick County Commissioner, Leslie Collier, expressed concern for the constraints that come with federal dollars and cautioned that these constraints could prevent accomplishing the goals outlined in the plan. Mayor Betz requested Mr. Robinson to disseminate information about the American Heritage River program to the local governing bodies. Discussion followed on the status of the proposed bridge south of the State Port. Mr. Robinson advised the bridge was shown on the DOT long-range plan as initially extending from Shipyard Boulevard across to Eagle Island and Highway 421 at the Memorial Bridge Intersection. This is a long-range project that is not programmed with a time line. It would be better to use these dollars in conjunction with the northern route to better handle traffic. He recommended approaching the Transportation Advisory Committee to see if the plan can be revised. Brunswick County Commissioner, William Sue, commented on the mistake made with the existing bridge and stated he did not want to make the same mistake. After further discussion of the DOT plan, the elected officials serving on the Transportation Advisory Committee agreed to check into amending the plan. Councilman Peterson asked if the Historic Heritage Trail included the Rice Plantation post Civil War Black Community of Pocono in the northern part of New Hanover County? NEW HANOVER COUNTY BOARD OF COMMISSIONERS WORK SESSION, SEPTEMBER 22, 1997 BOOK 26 PAGE 128 Mr. Robinson advised that he was not aware of this historic site and stated it should be included in the trail. He advised that Mrican-American tourism was one of the fastest growing segments of the tourist population. Discussion was held on the opportunity to develop recreational areas on Eagle Island. Brunswick County Commissioner, William Sue, advised that many of the residents in Brunswick County were concerned about continued use of the island as a dredge material disposal site. He reported that sand was in the water being pumped from the Cape Fear River and stated if this process continues, the Brunswick River will gradually be filled with sand. Mr. Robinson reported he was not aware that sand was in the water being pumped from the Cape Fear River to the Brunswick River. He encouraged the governing bodies to check into this matter. Councilmember Peterson commented on the design guidelines for the Downtown Plan and asked ifthere would be an opportunity for various groups to provide public input into some form of block-by-block street development? Mr. Robinson responded at the last public meeting a lengthy discussion was held on the height of structures. The plan will be divided into geographic areas of similar character. He cautioned using a block -by-block street plan to determine the height of structures because of the dissention created by a policy of this type. He stated if the City Council feels this approach is not satisfactory, this matter should be discussed before finalizing the plan. Mayor Betz advised the Wilmington City Council would hold a Work Session to discuss issues of this type. Mayor Pro Tern Moore commented on the plan addressing facilities for the arts with several areas mentioned, and she asked if there was a reason for not using existing facilities, such as the Community Arts Center? Mr. Robinson responded when relocating the Arts Center to the North Fourth Street facility, this was action was recommended because it was felt the Community Arts Center would be used for other purposes. He stated, in his opinion, it would still be better to relocate the Arts Center to North Fourth Street. Councilmember Peterson advised the plan recommends using DARE as the coordinating body, and he asked if DARE could fairly represent other commercial and residential areas such as North Fourth Street and Castle Street? Mr. Robinson responded that an equal partnership should be formed between the governmental bodies and the private sector. Since DARE is already established, it would be ideal to use this agency as the coordinating body. DARE covers the downtown central business district; therefore, if this agency becomes the coordinating body, there should be representation from the North Fourth Street Partnership and Castle Street Association on the DARE Board. Vice-Chairman Caster asked if discussion had occurred with Sunny Point about the use of the north terminal? Mr. Robertson advised it was his understanding that the Army would not be in favor of allowing part of the Sunny Point Terminal to be used for commercial uses. He encouraged the governmental entities to pursue this issue which could probably be negotiated in time. Councilmember Peterson questioned whether it would be advisable for Pender County to participate in plans for the Northeast Cape Fear River? NEW HANOVER COUNTY BOARD OF COMMISSIONERS WORK SESSION, SEPTEMBER 22, 1997 BOOK 26 PAGE 129 Mr. Robertson responded the plan calls for regional cooperation along the entire Cape Fear River basin. Mayor Pro Tern Moore stressed the importance of the Downtown Plan being a regional approach and stated New Hanover County and Brunswick County must be involved in the plan. In closing, Mr. Robinson advised that both plans were a regional opportunity to develop a united front on what will occur along the Cape Fear River corridor. ADJOURNMENT The meeting was adjourned at 6:30 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board