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1993-08-23 Work Session NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING, AUGUST 23, 1993 BOOK 23 PAGE 642 ASSEMBLY The New Hanover County Board of Commissioners held a joint Public Hearing with the Wilmington City Council on Monday, August 23, 1993, at 7:00 P.M. in the City Hall Council Chambers, 102 North Third Street, Wilmington, North Carolina. The purpose of the Public Hearing is to receive comments from the general public concerning the Wilmington/New Hanover County 1991 Land Use Plan Update policies for Growth and Development. Members present were: Commissioners Sandra Barone; WilliamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. City Council Members present were: Mayor Don Betz; Mayor Pro Tem, Katherine B. Moore; Councilman J. D. Causey; Councilman Edward L. Evans; Councilman Richard C. Snyder; and Councilman Michael Youngblood. Councilman Hamilton E. Hicks, Jr. was absent due to a prlor commitment. Chairman Greer called the New Hanover County Board of Commissioners to order and welcomed everyone present. PRESENTATION ON LAND USE PLAN UPDATE Mr. Tim Keane, Staff Planner for the City of Wilmington, welcomed everyone present and expressed appreciation to the members of the City and County Planning Boards for the time and effort given in preparing the Land Use Plan Update. Appreciation was also expressed to the citizens of the community for their interest and input during the preparation process. County Planning Director, Dexter Hayes, presented a chronological report on the preparation of the revised Land Use Plan, which began in November, 1991, with a public opinion survey to identify the major issues. The overall concern was for water quality with a desire to improve the quality of drinking water as well as provide protection for surface and groundwater quality. During the past five years, New Hanover County has become the most urbanized area in the State, other than Mecklenburg County, with an urban density of more than 600 people per square mile. The transition from a rural to urban county has resulted in preparing a plan that will accommodate new growth and at the same time protect our natural resources. Appreciation was expressed to all persons involved with preparation of the revised Land Use Plan. Mr. Kenneth Shanklin, Chairman of the New Hanover County Planning Board, commented on the numerous drafts of the proposed plan and reported every word of this document has been reviewed and voted upon. The intent of the Planning Boards was to prepare guidelines that will provide for continued growth in an orderly manner without endangering the county's natural resources. PUBLIC HEARING ON 1991 LAND USE PLAN UPDATE The Public Hearing was opened and the following comments were received: Ms. Jacqueline L. Mardan, representing the Wilmington Branch of the American Association of University Women, reported the Association enthusiastically supports the revised Land Use Plan for Wilmington and New Hanover County. Also, the Association encourages the inclusion of the refinements developed jointly by the Wilmington-Cape Fear Home Builders Association and the North Carolina Coastal Federation. The recommended policies for growth and development of our City and County have been planned with a great deal of public comment during the past year. The proposed NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING, AUGUST 23, 1993 BOOK 23 PAGE 643 revisions reflect the latest state and federal trends in land use; however, local ordinances must be adopted for these recommendations to be implemented. The elected officials were urged to adopt the proposed plan in order to establish responsible guidelines for managed growth and preserve the qualify of life in our community. Ms. Gerry Ceravolo, Co-President of the League of Women Voters of New Hanover County, commented on review of the plan with no official position by the League, but urged adoption of a similar plan to allow for sensibly managed growth that will protect the water quality and natural resources that have made this area so desirable. Mr. Terry Bache, representing a segment of the Home Builders Association, reported the revised plan was basically established to address three identified concerns: (1) water quality; (2) environmental issues; and (3) over development. The water quality and environmental policies were developed with the assistance of Steve Weiss, representing the Home Builders Association, and several environmental groups as reflected in Pages 1-24 of the plan. The policies concerning over development are reflected in Pages 25-50 and were prepared by business groups, persons from UNC- W, and himself. The basic factor used in developing this section was that sensible growth is good if the problems created by growth can be mitigated. The revised plan approaches over development as a maj or problem with severe restrictions or limits placed on growth. This is counter productive, and the community must have viable growing broad based opportunities for everyone, not just the wealthy or the poor. A copy of recommended changes to the plan was presented, and emphasis was placed on the need to provide reasonable, sensible guidelines to mitigate the problems that come with growth. The elected officials were urged to read and consider the recommendations presented before final adoption of the plan. Ms. Frances Rudolph, representing the Southern Outer Loop Opposition (SOLO), reported SOLO is in support of the revised plan and is very concerned about the depletion of our forests and pollution of our oceans, creeks, and waterways in the name of progress. Concern was also expressed for damage to environmentally sensitive areas, such as the State's plan to construct a bridge over Hewlett's Creek at a cost of $30 million, and the following policy was presented to the elected officials for inclusion into the revised Land Use Plan: "No new or enlarged through highways (highways that carry traffic which can reach its destination by a route or routes other than the facility to be constructed) shall be constructed in any area classified as Resource Protection or Conservation by the Wilmington/New Hanover County Coastal Area Management Land Act, if a boundary of the area classified as Resource Protection or Conservation is contiguous with surface waters classified by the State as SA, shellfishing waters; ORW, outstanding resource waters; or as a Primary Nursery area. If no other alternative routes for a through highway exist, the City Council and/or New Hanover County Board of Commissioners, depending on the jurisdiction involved, may vote to exempt an individual highway project from this policy. A Public Hearing with 30 days public notice shall be held prior to voting on a request for an exemption from this policy. " Mr. Steve Weiss, representing the Wilmington-Cape Fear Home Builders Association, commented on modifications that have been negotiated during the past year among a number of concerned citizens, businesses, and community leaders and requested consideration of the recommendations presented by Mr. Bache. After review of the first draft proposal of the Land Use Plan, the Home Builders Association felt the plan attempted to solve the problems of growth by either restricting or stopping growth. For the past NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING, AUGUST 23, 1993 BOOK 23 PAGE 644 year, the Home Builders Association and environmental groups have met in numerous meetings to discuss points of concern. With one exception, these diverse groups were able to agree on compromise language that would satisfy the concerns of both parties. The elected officials were requested to consider the modifications as presented, which truly represent citizenry input. Mr. Melvin M. Shepard, Jr., representing the Southeastern North Carolina Waterman's Association, urged the elected officials to accept the first 24 pages of the proposed Land Use Plan in order to protect the quality of water in New Hanover County. Currently, all creeks are closed to shellfishing with heavy rainfalls, and it is imperative to move forward with a plan that will provide protection of our sounds, creeks, and waterways. Mr. Todd Miller, Executive Director of the North Carolina Coastal Federation, reported on working with the Wilmington-Cape Fear Home Builders Association to develop a set of joint recommendations that will result in a better natural environment for New Hanover County and at the same time foster economic growth and sustainable development. The following groups have endorsed the first 23 pages of the plan: (1) American Association of University Women; (2) Committee 2000; (3) Hewlett's Creek Watershed Association; (4) Northeast New Hanover Conservancy; (5) Porters Neck Quality of Life Association; (6) Southeastern North Carolina Waterman's Association; (7) Southern Outer Loop Opposition; and (8) the Homebuilders Association. Comments have been made as to whether the revised Land Use Plan is needed because it duplicates the efforts of state and federal agencies in the management of the environment in New Hanover County. We are all aware of the environmental problems that have occurred, particularly in our creeks and primary nursery areas, which is an indication that state and federal regulations have not provided the needed protection for preservation of environmentally sensitive areas. The elected officials were urged to move forward with adoption of the revised plan including the recommendations presented. Mr. John A. Henriksen, representing Takeda Chemical Products USA, reported as a firm operating in both New Hanover and Pender Counties the efforts proposed in the revised Land Use Plan should be based on sound scientific knowledge. Concern was expressed for trying to work through multiple regulations at the federal, state, and local levels, which can become complex for industrial development. Also, concern was expressed for the Cape Fear River Program not being included in the revised Land Use Plan, and the elected officials were requested to support the efforts of this program for proper management of this river which is vital to the economic and industrial growth of this area. Mr. Bill Rowan, a resident of 414 Tanbridge Road, commented on the importance of providing a revised Land Use Plan that will maintain a balance between the rights of property owners and the quality of the environment and requested the elected officials to allow Ken Kirkman and Dan Dawson to provide input into the development of the plan. Mr. Kenneth M. Kirkman, an attorney specializing in land use matters, commented on reviewing the proposed plan and presented the following concerns: 1) A state or federal permit cannot be issued if any proposed activity lS ln contravention of the regulations in the proposed plan. 2) The City and County will be giving up normal control through Zoning and Subdivision Ordinances by adoption of the plan. This plan places an overview over all the properties subject to its jurisdiction. It is not like a conditional use where specific restrictions can be placed on a specific NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING, AUGUST 23, 1993 BOOK 23 PAGE 645 property to address a specific use. Ordinance that can be amended or granted by the local government. It is not like a Zoning a varlance that can be 3) The plan far exceeds current state and federal regulations in stormwater regulations and in wetlands protection. The State of North Carolina has a working group composed of representatives from environmental organizations, developers, and others who have for the past year prepared new regulations for wetlands that will be presented at a public hearing in the near future. 4) The State's stormwater regulations have been in effect for only three years and are in the process of being revised. Mr. Kirkman urged the governing bodies to hold several public hearings to thoroughly study specific issues before adopting a final plan. This document is of utmost importance to New Hanover County. If adopted as proposed, it will be a first in the State of North Carolina because the City and County will not only be giving up control over land use in New Hanover County to outside interests but will also be rejecting compromises and solutions that the state and federal governments are continuing to refine. Mr. Conrad Lowman endorsed the revised Land Use Plan and urged adoption of this plan to provide guidance to local officials in making planning decisions that will allow for managed growth and development. Appreciation was expressed to the members of the City and County Planning Departments and Planning Boards for the many hours spent in preparing the revised plan. Public input has been received and a strong master plan should be adopted that will protect the quality of life for the citizens living in New Hanover County. Ms. Zoe Bruner, a resident of 221 Oyster Bay, commented on reading the revised plan, particularly the policies for growth and development, and heartily supported the document as proposed. As to comments about the plan being a "no growth, no development plan" only one clause in the hurricane mitigation section refers to no issuance of permits. The only factors that limit growth and development in the City of Wilmington and unincorporated New Hanover County are total acreage and how land use is allowed. The acreage supports our homes, businesses, transportation routes, recreational facilities, and industries. In addition, this land must filter our water, absorb our wastes, and provide a back drop for our daily lives. Growth and development will continue to happen and the elected officials are in the position to be selective about the manner in which this growth occurs. If the policies are too technical for one set of investors, another group will gladly take their place and deal with the technicalities dictated. The proposed plan reflects the concerns of the residents for the future and is long overdue for passage. The City Council and Board of Commissioners were urged to adopt the plan as amended. Mr. John Ormond, a resident of 7919 Masonboro Sound Road, commented on the rapid growth in the Masonboro area and urged adoption of the proposed Land Use Plan in order to protect the environment and quality of life in New Hanover County and avoid future commercial strip zoning. Mr. Bill Allnut, a resident of 4259 Appleton Way, endorsed the revised Land Use Plan. As a former resident of Baltimore, Maryland, he saw the death of the Chesapeake Bay and is very much concerned about the pollution in the sounds and waters of New Hanover County. Emphasis was placed on the importance of adopting a plan that will protect the environment and allow for growth without yielding to political expediency. Ms. Mary Helen Orth, a resident of 4713 Rushing Drive, NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING, AUGUST 23, 1993 BOOK 23 PAGE 646 commented on the public input and effort given to develop a plan that will promote planned growth and development and urged both governing bodies to adopt the revised plan, which is already two years late. Ms. Marjorie MacNeille, a resident of 3945 Halifax Road, commented on not reading the plan, but expressed appreciation for the number of persons present who are aware of the need to protect the City and County's environmentally sensitive areas. She urged the elected officials to adopt a plan that will provide controlled growth with protection of the environment. Mr. Fred Saravia, a resident of 250 Shannon Drive, commented on the assistance of the N. C. Coastal Federation in development of the proposed plan and urged the governing bodies to adopt a plan that will protect our valuable waters resources and environment. Emphasis was placed on the need to have stricter standards than now provided by the state and federal governments in order to preserve water quality. Ms. Louise Shinn, 6321 Myrtle Grove Road, commented on living on the waterway and in the woods where nature can be experienced and stressed the importance of preserving these natural resources for our children and future generations. Replacement of wetlands and marsh is impossible; therefore, it is imperative that a plan be adopted to protect these valuable resources. Mr. Bert Exum, 54 Pelican Drive, expressed concern for the amount of pollution that funnels into our creeks and streams from existing subdivisions and recommended incorporating a policy into the plan that will correct this source of pollution from older subdivisions in order to preserve the shrimp and oyster bedding areas. Appreciation was expressed to Steve Weiss and Terry Bache for the effort given to prepare the proposed plan; however, concern was expressed for no full time developer or engineer with full knowledge of state and federal environmental regulations being involved with development of the plan. There are many items in the plan that will allow the Planning Staff to exceed state and federal environmental regulations with little or no guidelines as to how far to extend these regulations. For example, the proposed plan does not allow retention ponds in the 100 Year Flood Plain. Water runs downhill with a majority of retention ponds being in the 100 Year Flood Plain; therefore, this guideline will remove large areas of undeveloped land from use. In order to remain competitive with the remaining 99 counties throughout the State of North Carolina, the proposed Land Use Plan should be amended to be no more restrictive than current state and federal environmental regulations with these regulations being fully enforced. If the plan is adopted as proposed, the citizens will be faced with higher taxes to pay for a double layer of government. There is no need to pay local officials to police and enforce what the State of North Carolina is already enforcing. The City Council and Board of County Commissioners were requested to allow Dan Dawson and Kenneth Kirkman to become involved in developing a plan that will provide for growth and at the same time protect our natural resources. Mr. Herb McCarthy, a resident of 4616 Bentley Drive, expressed concern for the far reaching and permanent ramifications of the proposed Land Use Plan. He requested the City Council and Board of County Commissioners to consider utilizing the expertise of Mr. Kenneth Kirkman in developing the final plan. Mr. J. Clark Hipp, a resident of 504 Dock Street, endorsed the revised Land Use Plan and reported this plan will allow for sensible growth through the following policies: (1) concept of commercial nodes; to assure growth of commercial areas based on actual needs; (2) cumulative efforts of development on an area with consideration of the long-term impact; and (3) language suggesting unique and innovative solutions to development, which should NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING, AUGUST 23, 1993 BOOK 23 PAGE 647 promote the necessary interaction between developers, design professionals, and the public. While the proposed plan shows foresight and concern for both the built and natural environment of the area, it will require the leadership of its elected officials for the plan to be successfully implemented. Mr. Dan Dawson, a local consulting engineer, reported he is involved with assisting commercial, industrial, and residential developers with designing environmentally sensitive solutions for their projects as well as being involved with obtaining numerous environmental permits from federal, state, and local governmental agencies. Concern was expressed for misinformation on his support of the proposed plan, and the following items of concern were presented: 1) The proposed joint policies are more stringent than state and federal environmental regulations because they do not allow stormwater ponds in the undeveloped areas east of U. S. Highway 17 and N. C. 132 including Castle Hayne. Commercial and industrial developments larger than one acre and residential developments with curb and gutter are required by the State to construct stormwater ponds to treat the stormwater run-off. Curb and gutters are required in new subdivisions within the City limits. Limiting commercial and industrial developments to less than one acre and prohibiting curb and gutter in subdivisions located in the areas described above will result in a no growth, no development situation. 2) The recommendations presented by Terry Bache should be incorporated into the business section of the proposed Land Use Plan. 3) Concern was expressed for the many variations of the plan: (a) joint recommendations of the City Planning Commission and the County Planning Board dated August 23, 1992; (b) the joint Homebuilders and environmentalists recommendations; (c) the request by the Wilmington Industrial Development Corporation to impose regulations that are not more stringent than current state and federal regulations; and (d) the current Land Use Plan which has guided growth and development for the past seven years. Once a final draft of the policies and plans has been completed, hopefully the public will have an opportunity to comment on the final version that will represent the elected officials' proposed policy for growth and development. As of this date, it has been impossible to locate a general policy statement of growth and development prepared by the elected officials; therefore, since it is the responsibility of elected officials to develop a plan of growth and development that will best serve our community, it would be beneficial to everyone to know if a general policy statement has been prepared. If not, a general policy statement should be prepared immediately by City Council and Board of County Commissioners to be utilized by staff in preparing a final draft of the Land Use Plan Update. 4) On Page 1 of the joint recommendations of the City and County Planning Boards, under Item #1, General Resources Protection Policy, there is no general policy included in the document. The elected officials were requested to add the following policy to maintain the county's economic development competitiveness: "The natural resources of the City and County will be protected by fully enforcing all federal, state, and local environmental protection laws, regulations, and policies." Ms. Georgia Smallman, a resident of 613 Orange Street and environmental consultant, commented on the urgency in protecting NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING, AUGUST 23, 1993 BOOK 23 PAGE 648 surface and groundwater throughout New Hanover County and requested the elected officials to adopt the revised Land Use Plan as presented. As a member of the Planning Board who worked on the 1986 Land Use Plan, she is aware of the importance of these policies in deciding on rezonings that impact future growth. Attention was called to the following section of the plan and emphasis was placed on the importance of the "carrying capacity" of an area: Paqe 23, Section 3.01 "Existing and programmed public services shall be coordinated with future land use intensities based on our areas' carrying capaci ty and in accordance with adopted growth management policies." Mr. Robert Brown, representing the Northeast New Hanover Conservancy, urged adoption of the revised Land Use Plan as presented. The question to be answered is what kind of future growth do we desire for New Hanover County? The short-term benefits of undercontrolled growth must be weighed against the long-term economic gains from a stable, predictable growth that will allow the community to grow and preserve our natural resources for future generations. There being no further comments, the Public Hearing was closed. BREAK Chairman Greer called a break from 8:50 P.M. until 9:10 P.M. COMMENTS FROM THE COUNTY COMMISSIONERS Vice-Chairman Mathews expressed individuals, groups, and organizations their time to prepare the Land Use Plan appreciation to varlOUS that have given hours of Update. Commissioner Caster inquired as to whether adoption of the proposed plan will allow for developments such as NorthChase to locate in the County? Planning Director, Dexter Hayes, reported developments such as NorthChase are regulated through the local Zoning and Subdivision Ordinances. The proposed Land Use Plan will not stop this type of development from occurring in New Hanover County. The Land Use Plan impacts on proposed uses through the state and federal permitting process for areas of environmental concern, which are 75 feet inland of an estuarine shoreline; therefore, the majority of projects do not fall under the permitting process. Chairman Greer commented on the policies involved in implementation of the proposed Land Use Plan and expressed concern for the costs involved with hiring additional personnel. He requested both governing bodies to take this item into consideration when deciding on a final plan. After discussion of the importance of allowing ample time to thoroughly review the proposed document and suggested changes, it was consensus of both governing bodies to schedule the following meetings: A joint City/County Work Session in mid-September, possibly on September 28, 1993. A joint City/County Public Hearing after the first week ln October. Commissioner Sisson expressed concern for the plan being two years late and urged both governing bodies to move forward with adoption of a final plan in a timely fashion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING, AUGUST 23, 1993 BOOK 23 PAGE 649 It was agreed that both local governments would plan to adopt the final plan at the second monthly meeting in October. Chairman Greer and Mayor Betz expressed appreciation to the persons present for their comments and interest shown in the promotion of orderly growth for the City of Wilmington and New Hanover County. ADJOURNMENT Chairman Greer adjourned the meeting at 9:45 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board ,.. MINUTES OF PUBLIC HEARING, AUGUST 23, 1993 REVISED LAND USE PLAN PAGE~ 64,.9. It was agreed that both local governments would plan to adopt the final plan at the second monthly meeting in October. Chairman Greer and Mayor Betz expressed appreciation to the persons present for their comments and interest shown in the promotion of orderly growth for the City of Wilmington and New Hanover County. ADJOURNMENT Chairman Greer adjourned the meeting at 9:45 P.M. Respectfully submitted, ~F~t~ Clerk to the Board ~ . . .