1993-10-11 Work Session
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
JOINT CITY/COUNTY WORK SESSION, OCTOBER 11, 1993
BOOK 23
PAGE 758
ASSEMBLY
The New Hanover County Board of Commissioners held a joint
Public Hearing with the Wilmington City Council on Monday, October
11, 1993, at 7:00 P.M. in the Council Chambers of the City Hall,
102 North Third Street, Wilmington, North Carolina.
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 Copley; and Clerk to the Board, Lucie F. Harrell.
Council Members present were: Councilman J. D. Causey;
Councilman Edward L. Evans; Councilman Hamil ton E. Hicks, Jr.;
Councilman Richard C. Snyder; Councilman Michael Youngblood; Mayor
Pro Tern Katherine B. Moore; Mayor Don Betz; City Manager, Mary M.
Gornto; City Attorney, Tom Pollard; and City Clerk, Penelope
Spicer-Sidbury.
Chairman Greer called the Board of County Commissioners to
order.
Mayor Don Betz called the Wilmington City Council to order.
PUBLIC COMMENTS
The following public comments were received on the revised
Land Use Plan:
Ms. Mildred Harris commented on the main concern of the
citizens being water quality and requested the governing bodies to
adopt the revised Land Use Plan as agreed upon on August 23, 1993.
Mr. Street Lee, President of the Southeastern Chapter of
Professional Engineers of North Carolina, reported the Chapter is
supportive of the plan with the modifications recommended by the
Committee 100 and urged adoption of a plan that will include these
reV1Slons.
Mr. Scott Sullivan, a resident of 1704 Hawthorne Road, urged
the elected officials to adopt a Land Use Plan with inclusion of
the revisions submitted by the Home Builders Association and
Committee of 100.
Ms. Jacqueline Mardan, representing the American Association
of the University of Women, commented on appearing before the City
Council and Board of County Commissioners on August 23, 1993, and
urged the elected officials to approve the revised Land Use Plan
proposed by the both Planning Boards with the refinements submitted
by the Home Builders Association and N. C. Coastal Federation.
Emphasis was placed on the need to have a plan that will allow for
continued orderly growth wi th protection of environmental concerns.
Mr. Owen Jones, a resident of 4108 Chenney Place, commented on
the need to have the political bodies behind a Land Use Plan that
will protect the environment and urged the elected officials to
adopt a plan that will ensure the protection of the environment.
Mr. Paul Davis Boney, representing the Committee of 100,
reported the Committee of 100 endorses the revisions prepared by
the Wilmington-Cape Fear Home Builders Association. Appreciation
was expressed for allowing the Committee of 100 to review the plan
and emphasis was placed on the need to balance growth with
protection of the environment, which can be accomplished under the
modified plan.
Ms. Miranda Pearce, a resident of 415 South Second Street,
endorsed the plan presented at the August 23, 1993, Public Hearing.
The planning process for development of this plan began in June
1992. After a long tedious process, the City and County Planning
Boards have prepared an excellent plan. Ample time was given for
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
JOINT CITY/COUNTY WORK SESSION, OCTOBER 11, 1993
BOOK 23
PAGE 759
public input; therefore, there is no reason for delay in adopting
the plan presented on August 23, 1993. What is wrong with a plan
that is more stringent than federal and state standards, and why
can't New Hanover County be better than the area around the pamlico
Sound area.
Mr. Steve Yandle, representing Takeda Chemical Products USA,
Inc., expressed appreciation for including comments presented by
Takeda on August 23, 1993, but stated he is opposed to the language
used in Section 1.3, the Potable Water Supply Policy, on Page 18,
which states that "all use, production, or other handling of toxic
or hazardous materials" are inappropriate commercial uses. The
elected officials were requested to use the current policy
supporting regulations of inappropriate industries or commercial
activities in the aquifer recharge areas. There is no scientific
or technical support for changing the wording as recommended.
Mr. Dean Weber, a resident of 510 Bay tree Road, complimented
the environmentalists and home builders for joining together to
prepare a Land Use Plan that is acceptable to both groups. He
urged the elected officials to adopt the August 23, 1993, revised
Land Use Plan.
Mr. Terry Bache, representing the Home Builders Association,
commented on the hours involved in preparing the plan and discussed
the following issues:
(1) wi th the work and effort given by the environmental
interests and business community, it was disappointing that
the County Staff included some items, but ignored other items.
These items are being resubmitted tonight.
(2) With the proposed plan, there will be new impact fees and
facility benefit fees. The fees will be used for new parks
and schools to be used by everyone; however, persons moving
into the County who purchase new homes are the individuals who
will pay these fees for facilities to be used by the entire
citizenry. This is unfair and the new fees should be removed
from the plan.
Ms. Jane Spicer, a resident of 5801 Oak Bluff Lane, read a
poem pertaining to the environment and urged the governing bodies
to support the plan as recommended by the Planning Boards.
Ms. Gerry Ceravolo, Co-President of the League of Women
Voters, urged the elected officials to adopt the Land Use Plan as
submitted by the Planning Boards.
Mr. Robert G. Cochran, a resident of 1707 Chestnut Street,
commented on the importance of clean water and a healthy
environment as pro-growth factors and urged the elected officials
to adopt the plan as revised by the Planning Boards.
Ms. Jane Baldridge, representing the N. C. Coastal Federation,
commented on being present at the August 23, 1993, Public Hearing,
and urged the elected officials to endorse the Land Use Plan as
discussed on that date.
Mr. Bert Exum, a resident of 54 Pelican Drive, expressed
appreciation for allowing the Committee of 100 and businesses to
review the proposed Land Use Plan and urged the elected officials
to adopt the plan with the revisions proposed by the Committee of
100.
Mr. Steve Weiss, representing the Wilmington-Cape Fear Home
Builders Association, reported on working with the N. C. Coastal
Federation to work out a plan to provide for growth and protect the
environment. All items were agreed upon with exception of the
following concerns:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
JOINT CITY/COUNTY WORK SESSION, OCTOBER 11, 1993
BOOK 23
PAGE 760
(1) Page 11, Section 1.2(6): The N. C. Coastal Federation is
concerned for the proliferation of marinas. As the area
grows, marinas are necessary and language was created to allow
the County to provide public facilities to meet these
requirements. If within two years, the County does not supply
these facilities, the Home Builders Association requests
reverting back to the current policy which allows the private
sector to meet these needs.
(2) Pages 6 & 7, Section 12: The Home Builders Association
does not agree with a locally administered Environmental
Impact Ordinance. This is a highly technical field which
requires highly trained personnel with scientific backgrounds
to properly evaluate environmental concerns. It is felt that
additional staff would have to be hired to administer a local
ordinance. If there are weaknesses in the law, these matters
should be addressed at the state and federal levels instead of
trying to enforce ordinances locally.
(3) Classification of Land in the Castle Hayne Area: The
proposed plan will reclassify 3,200 acres of land currently
classified as rural to the resource and protection
classification. The resource and protection classification
does allow for compatible industrial development, compatible
commercial development, and low density residential
development. The significant difference between the two
classifications is that under the rural classification there
are no restrictions as to the type of industrial development
that can occur. The change to resource and protection is
acceptable to the Home Builders Association with the current
definition; however, the business community is seriously
concerned about future redefining of the resource and
protection classification.
Discussion was held on Section 1.2(6) relative to commercial
marinas. Mayor Betz inquired as to what language is of concern to
the business community?
Mr. Weiss expressed concern for the definitions. The current
law does not allow commercial marinas in primary nursery areas or
ORW waters; however, under the proposed language of the N. C.
Coastal Federation, a commercial marina would be reduced to two
boats, which would require a major permitting process that is
lengthy and complicated. The pollution of marinas should be
addressed by finding the specific problems through scientific
information and resolving the pollutant problems. In order for the
area to grow, commercial marinas will have to be provided.
Commissioner Sisson asked if the scientific information does
not exist and the County should attempt to determine that
information, would there be a problem with proceeding
conservatively or would it be acceptable to just allow pollution to
occur until there is a problem?
Mr. Weiss reported the idea to adopt an ordinance that could
cost the developer or property owner an extraordinary amount of
money cannot be endorsed by the Home Builders Association; however,
the State is declaring next year as the Environmental Year of the
Coast. He urged the governing bodies to become involved ln the
State's effort to address pollution problems. The concern lS for
writing local ordinances without specific scientific data.
Mr. Conrad Lowman, a resident of 8537 Bald Eagle Lane,
commented on adoption of a plan that will save the County's coastal
environment and urged adoption of the plan presented by the
Planning Boards. An article was presented from the Nautical
Quarterly written by Mr. George Hanson, a Marine Biologist and
Research Specialist, entitled "Can We Save Our Coastal
Environment". The article pertains to pollution that has occurred
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
JOINT CITY/COUNTY WORK SESSION, OCTOBER 11, 1993
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PAGE 761
in the coastal areas of New England, particularly Buzzard's Bay
near Cape Cod.
Mr. Melvin M. Shepard, Jr., representing the North Carolina
Waterman's Association and fishermen using the waters in New
Hanover County, expressed concern for all of New Hanover County's
creeks being closed to shellfishing. The elected officials were
urged to use the necessary restrictions to keep the coastal waters
and estuarine creeks clean. The governing bodies were requested to
adopt a plan that will ensure protection of our primary nursery
areas.
Mr. William C. Howard, Jr., a resident of 4000 Chapra Drive,
urged support of the Land Use Plan as proposed by the Planning
Boards. Concern was expressed for recommendations presented by the
Committee of 100 at this late date, which will delay adoption of a
plan that complies to the wishes of the people living in New
Hanover County. As to impact fees, it is true that persons already
residing in the County did not pay impact fees; however, the
existing facilities were constructed by the taxpayers who have
lived in the county for a number of years; therefore, if new
facilities are required for new growth, why shouldn't the people
moving in pay impact fees?
Mr. Frances Rudolph, representing the Southern Outer Loop
Opposition, expressed concern for Chairman Greer's remark that
clapping and shouting will not sway his vote on the proposed plan
and stated any elected official is obligated to pay attention to
the voices of the people. If the recommendations of the Committee
of 100 are adopted, the trust of the elected officials will be
lost.
Chairman Greer reported the purpose of the Public Hearing is
to hear all sides, and speaking for himself, he listens and tries
to represent all segments of the population before adopting a plan.
Mr. John Elmore, a resident of 1401 Airlie Road, endorsed the
plan as revised by the Home Builders Association, which is also the
plan endorsed by the Committee of 100, the Chamber of Commerce, and
the Realtors Association. Hopefully, the members of these
associations will be heard because of the economic growth brought
to the County by these groups.
Mr. Dan Dawson, a resident of 422 Forest Hills Drive and a
local Civil Engineer, commented on attending all the Public
Hearings and expressed concern for the Planning Staff not
incorporating some of the recommendations presented. There are
many tough decisions that must be made, and the elected officials
were urged to adopt the recommendations presented by the Committee
of 100.
Mr. Todd Miller, representing the N. C. Coastal Federation,
urged the elected officials to adopt the revised Land Use Plan as
submitted at the August 23, 1993, Public Hearing. After review of
the recommendations presented by the Committee of 100 for the first
21 pages of the Land Use Plan, there are three significant areas of
disagreement: marina development; proposed reclassification of land
in the Castle Hayne area; and the need for a local Environmental
Impact Ordinance. Emphasis was placed on the number of meetings
held with public input received, and the elected officials were
urged to adopt the plan as revised at the August 23, 1993 meeting.
Chairman Greer closed the Public Hearing.
BREAK
Chairman Greer called a break from 8:30 P.M. until 8:50 P.M.
A lengthy discussion was held on the proposed plan and the
recommendations presented by the Committee of 100. The following
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
JOINT CITY/COUNTY WORK SESSION, OCTOBER 11, 1993
BOOK 23
PAGE 762
discussion and changes were recommended by both the Board of County
Commissioners and City Council:
1. Change of Reclassification for 3,200 acres in the Castle
Hayne area: Councilman Snyder recommended including the
reclassification of Resource and Protection for the Castle
Hayne area as proposed on the Land Use Classification Map.
Commissioner Barone recommended using the 1986 Land Use
Classification Map leaving the 3,200 acres under the Rural
classification. Emphasis was placed on this being a valuable
resource for controlled industrial development in the northern
part of the County next to I-40. This area is protected under
the Rural classification and industrial uses are regulated by
State and Federal regulations.
Commissioner Sisson commented on the minimal standards of
State and Federal regulations which do not protect a unique
area. The Castle Hayne Aquifer is a valuable resource that
must be protected.
Councilman Hicks strongly supported the proposed
reclassification change to Resource and Protection because of
the Castle Hayne Aquifer. Both governing bodies must be
careful not to depend totally on the Cape Fear River for
drinking water; therefore, the Castle Hayne recharge area must
be protected.
vice-Chairman Mathews concurred with support of the Resource
and Protection classification of the Castle Hayne recharge
area.
Chairman Greer commented on a letter from Ron Andrew who urged
support of changing the area to Resource and Protection.
Consensus: After discussion of the need to protect the Castle
Hayne Aquifer, it was the consensus of the Board to reclassify the
Castle Hayne recharge area as Resource and Protection.
A lengthy discussion was held on the implementation action of
off-shore oil exploration. Chairman Greer recommended deletion of
this policy because the time may come when off-shore oil drilling
will have to be explored.
Mayor Betz strongly obj ected to deleting
stated City and County need a provision to
drilling, if necessary.
this policy and
fight off-shore
Councilman Hicks recommended including gas in this policy.
Councilman Youngblood recommended including minerals in the
policy.
Consensus: After discussion of exploration being eliminated, it
was the consensus of the Board to revise the policy on Page 26 to
read as follows:
Development of all off-shore minerals, oil and gas resources
shall be discouraged.
After a lengthy discussion of each policy, the following
changes were recommended by both governing bodies:
Page 2, 1.1(3): Amend this section to read as follows:
Development activities within the 100 year floodplain shall be
carefully controlled to minimize development, encourage low
intensity uses such as open space and recreation, and ensure
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
JOINT CITY/COUNTY WORK SESSION, OCTOBER 11, 1993
BOOK 23
PAGE 763
strict compliance with State
concerning wetland protection.
and Federal
regulations
Page 3, Section C under 1.1 (4) Shoreline Erosion Control and
Channel Maintenance Projects: Use the current policy which reads
as follows:
c. Public shoreline will be the prlmary beneficiary.
Page 3, 1.1(6): Change joint recommendation and Home Builders
recommendation with elimination of the word, "feasible" to read as
follows:
Development activities within the estuarine watersheds shall
be carefully controlled to prevent the degradation of water
quality in the creeks and sounds, and to ensure the protection
of these vi tal natural resources. Agriculture uses, golf
course construction and maintenance should be designed and
operated to minimize to the extent reasonable, nutrient and
pesticide loadings. The City and County shall monitor
technological advances and ongoing scientific studies to
determine whether estuarine shoreline setbacks and buffer
regulations.
Page 3, 1.1 (7): Change the word, "quantified" to "determined" to
read as follows:
To the extent that the cumulative impacts of land utilization
and the ecological carrying capacity of coastal ecosystems are
determined through study and analysis, such information shall
be considered in the future development or revision of local
plans, capital facilities, services and ordinances.
Page 4, Section 1.1(8): Approval of Staff Recommendation.
Page 4, Section 1.1(9): Approve the recommendation submitted by
the Home Builders Association to read as follows:
Stormwater management shall be implemented to minimize non-
point pollution to the maXlmum extent necessary and
practicable as part of any redevelopment or infrastructure
project funded by the public.
Page 4, Section 1.1(10): Approval of Staff Recommendation.
Page 9, 1.2(1) Protection of CAMA-Defined Areas of Environmental
Concern: Change to Home Builders recommendation with removal of
the word, unreasonably, to read as follows:
Estuarine waters, estuarine shorelines and public trust areas
shall be prohibited from use by development activity which
would result in significant adverse impact to the natural
function of these areas.
Page 10, 1.2(3): Change to read as follows:
Drainage from land use activities shall have rate of flow and
volume characteristics as near to natural conditions as
possible.
Page 10, 1. 2 (5)
Change to read as follows:
In order to protect estuarine water quality, only sewage
treatment plants of the highest quality, whose standards of
operation provide the greatest measure of protection feasible
shall be allowed to discharge into public surface waters and
then only if it is not feasible to connect to the public sewer
system.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
JOINT CITY/COUNTY WORK SESSION, OCTOBER 11, 1993
BOOK 23
PAGE 764
Page 11, 1.2(6): Approve the current policy as recommended by
staff.
Page 11, Section 1.2(8): Approval of Joint Recommendation.
Page 12, Section 1.2 (13) : Approval of Staff recommendation.
Page 14: Delete 1.2(14), the policy relative to bulkheads.
Page 17, 1.3 Portable Water Supply Policy:
follows:
Change to read as
Sources of Potable surface and groundwater for the City and
County shall be conserved and protected. The Castle hayne
Aquifer shall be preserved in its present unpolluted state as
the primary groundwater resource in the County.
Page 19, Section 1.4(2): Change to read as follows:
The siting of all industries, including energy facilities, and
high voltage utilities shall be carefully reviewed to ensure
the protection of area residents and natural resources.
Page 26, 2.2(1): Change to read as follows:
Development of the Planning Area's mineral resources shall be
allowed as long as such development occurs in an
environmentally sensitive manner; is compatible with nearby
resources; and provides a plan for reclamation and reuse.
Page 31, Section 2.4(2): Change to read as follows:
Protection, preservation, and restoration of shellfishing ln
all SA waters shall be encouraged and pursued.
Page 41, Section 3.1(12): Change to read as follows:
An area's carrying capacity shall be considered ln the phasing
and timing of new development projects.
Page 47, Section 3.2(1): Change to read as follows:
Commercial development projects shall be encouraged to locate
in designated commercial nodes which already contain public
services, including transportation, required by the projects
or in areas in which the needed services are readily
available.
Page 58, Section 3.5(5): Change to read as follows:
Mass transit programs, bikeways and other alternatives to
single occupant automobiles shall be preferred as a method of
alleviating congestion and circulation problems over the
construction of new roadways.
Page 58, Section 3.4(8): Change to read as follows:
No new or enlarged through highways shall be constructed in
any area classified as resource protection or conservation
wi thout thoroughly analyzing environmental impacts, other
impacts and benefits.
Page 61, Section 3.6(3): Changes to read as follows:
The City and County shall consider the adoption of a system of
impact fees to insure timely and economically sound provision
of public services to new development.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
JOINT CITY/COUNTY WORK SESSION, OCTOBER 11, 1993
BOOK 23
PAGE 765
Page 65, Section 3.7(5): Change to read as follows:
The use of slgns shall be controlled in a manner
recognizes aesthetic, safety and commercial concerns
preserves and protects our landscapes and waterways.
that
and
Page 71, Section 5.0(4)
Approve the Current Policy.
Page 72, Section 5.0(8)
Change to read as follows:
The City Council and/or Board of County Commissioners may
declare a moratorium on the permitting of any new
construction, new utility hook-ups, or redevelopment
construction that would increase the intensity of the land uss
existing before the hurricane or disaster.
Page 73, Section 5.0(10): Change to read as follows:
A building moratorium shall not occur unless authorized or
extended by the Recovery Task Force or resolution by the Board
of County Commissioners and/or City Council.
After further discussion, staff was directed to revise the
plan as recommended and schedule a Work Session on October 18,
1993, at 7:00 P.M. to review and discuss the final revisions to the
Land Use Plan.
ADJOURNMENT
Chairman Greer adjourned the meeting at 11:05 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board