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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 BOOK 23 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