1999-08-12 Work Session
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF WORK SESSION REGARDING CONSERVATION AREASPAGE 418
AUGUST 12, 1999
ASSEMBLY
The New Hanover County Board of Commissioners held a Work Session on August 12, 1999,
at 10:00 a.m. in Room 501 of the New Hanover County Administration Building, 320 Chestnut
Street, Wilmington, North Carolina.
Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.;
Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster;
County Manager, Allen O’Neal; Assistant County Attorney, Kemp Burpeau; and Clerk to the Board,
Lucie F. Harrell.
Chairman Caster called the meeting to order and reported the purpose of the meeting was to
discuss the proposed zoning text amendment to clarify the clustering of residential units on lands
classified as “Conservation” on the Land Classification Map. He said the meeting will be followed
by a field trip to visit conservation areas to better understand the definition of this classification. He
requested the Planning Director to present a brief report on the text amendment.
Planning Director Hayes reported on the proposed text amendment and explained that
recommended changes deal with the development of subdivisions under a performance residential
category. Performance residential is an optional method of development which allows clustering in
lieu of conventional one-half or one-third acre lots. Structures can be moved around in the total
project with attached and detached housing. The purpose of the proposed amendment is to define
the conservation area on subdivision site plans when being submitted for review. This would involve
determining how the conservation area would be determined on the map. Conservation areas
correspond with the floodplain in New Hanover County and reflect the classification in the Land Use
Plan for environmental and flood hazard relationships.
Planning Director Hayes reported there two major components of the conservation category:
(1) risks and flooding; and (2) environmental issues. Policies and regulations have been developed
to control the two components. He presented a map showing how performance development has
occurred in the conservation area of the sites that will be visited on the field trip:
Tangle Oaks:
This is an older 60-lot project on 35 acres that was approved in 1981 as a high
density project on the waterway under pre-existing regulations. As a result of this project,
New Hanover County initiated density controls in the floodplain and removed the opportunity
for high density projects near the waterway.
Turtle Hall Harbour:
A 30-lot project approved in 1987 that illustrates lower density
development in the floodplain along the waterway under existing rules and regulations.
SANCO Projects:
These projects are located along the Cape Fear River under performance
development as part of the Beau Rivage. Because of concerns about development along the
river, the proposed text amendment was initiated by the Planning Board. The project consists
of Turtle Cay, South Amsbury, and Grand Bay which were approved by the County in 1997,
1998, and 1999.
Telfair Creek Proposal:
A new project that has not been reviewed is for 28 units on 11.4
acres of land located entirely within the floodplain. The property adjoins The Cape and
illustrates clustering versus traditional subdivision design.
Planning Director Hayes informed the Board that during the field trip, discussion will be held
on the risks concerning flooding and development in the floodplain. Currently, there are floodplain
regulations regarding filling and storm surge. The County is also involved in the Community Rating
System (CRS) Program. Under this program, points are accumulated by controlling development in
the floodplain. With more restrictive regulations governing development occurring in the floodplain,
New Hanover County will receive more points and the rate of flood insurance will be lower for all
residents living in the county. There is also an agreement with EPA when constructing the first sewer
line that states New Hanover County will not use sewer to encourage development in the floodplain.
The County has complied to this agreement by keeping the existing zoning density controls in place
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF WORK SESSION REGARDING CONSERVATION AREASPAGE 419
AUGUST 12, 1999
since that date.
Vice-Chairman Greer requested Planning Director Hayes to provide him with a copy of this
agreement.
Planning Director Hayes responded that County Engineer Blanchard was in the process of
finding the agreement, and he said once the document is located, it will be forwarded to the Board.
Planning Director Hayes commented on the environmental implications from development in
the floodplain, and he advised this issue deals with protection of natural resources, storm water
runoff, impervious surfaces, etc. There are policies in the Land Use Plan which deal with these
concerns, particularly along estuarine shorelines where certain habitats live and cannot exist in other
environments.
Discussion was held on how to determine the location of a conservation area which can vary
three to four feet. Vice-Chairman Greer requested an explanation of how these areas are identified.
Planning Director Hayes explained that any flood line drawn on a map may not be a precise
location. He said the exact line cannot be determined until the development occurs and the site is
surveyed. The purpose of the survey is to determine the elevation of the property and pin point the
exact location of the flood line. Current regulations require recording of the 100 year flood line on
all subdivision proposals. The proposed text amendment by the Planning Board is not to survey the
line until the development begins on the site. This will allow for alterations to the elevation which
will move the flood line. The Planning Staff is concerned about the implications to the environment
along estuarine shorelines even if the site has been filled in. If a severe storm should occur, the storm
surge would go a distance beyond the 100 year flood line. FEMA has drawn an elevation line that
requires the property owner to purchase flood insurance. The watershed for a creek may be above
or below the flood plain line. With more development, the flood plain line will move and more people
could be required to purchase flood insurance. This line has been used by the Planning Department
in the conservation classification incorporated into the Land Use Plan.
In concluding his remarks, Planning Director Hayes advised that visiting the various sites will
help the Board to better understand how the proposed changes in the text amendment will be applied.
ADJOURNMENT
Chairman Caster adjourned the meeting at 10:30 a.m. followed by a field trip.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board