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
~
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