‘When you know better, you do better’: Commissioners favor all conservation on west bank

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Commissioners listen to senior planner Rebekah Roth present on the west bank amendment. (Drew Stevens Photography)

NEW HANOVER COUNTY — Among plenty of applause, New Hanover County commissioners took a stand on an amendment that has drawn in a vast amount of feedback for preservation of natural land.

READ MORE: Business alliance, former USACE engineer enter different pleas for west bank development

ALSO: Flood of concerns: Planning board denies western bank amendments

cChair Charlie Rivenbark holds up a stack of comments sent into the county about the amendment. (Drew Stevens Photography)

The county board sided with the public most of whom wrote in, called and sent emails — almost 3,000 — speaking against intense development on the west bank of the Cape Fear River. 

“We heard you,” Vice Chair LeAnn Pierce told the crowd as Chair Bill Rivenbark held up an almost-6-inch stack of comments. “We heard you loud and clear, what you want.”

Commissioners asked for all properties to be put into a conservation placetype, forgoing any low-intensity development on the west bank, and for staff to look into state and federal opportunities to compensate landowners with a purchase of their properties. The motion, put forth by Commissioner Rob Zapple, also stipulates the county would not agree to any west bank development’s connection to Cape Fear Public Utility Authority.

County staff proposed decreased density in the area than what’s currently allowed, due to increased flooding — 1,000 sunny day events in the last decade, on land between the Cape Fear Memorial and Isabel Stellings Holmes bridges. The amendment was presented to allow low-density development — including commercial, recreational, and civic/institutional uses — on privately owned parcels and conservation on public land, while suggesting the land provide a public benefit, such as parks. Residential and office and institutional uses were not included, as once posed under the riverfront mixed-use placetype.

Now, commissioners want to see private parcels conserved as well. However, doing this would strip development of hefty money-making ventures on the properties, thus leaving the county vulnerable to a lawsuit from private property owners on the west bank. 

Though offers to purchase a property, using programs like the nearly $5 billion U.S. Climate Pollution Reduction Act, could incentivize west bank landholders to give their property over to conservation. 

Dane Scalise asked senior planner Rebekah Roth before public comment if the county had ever engaged with state or federal government to voluntarily purchase properties for conservation. He said he thought it was an important step the county should take. 

“It is my estimation also that we don’t need to rezone every square inch of New Hanover County,” Scalise said. “We don’t need density in every square inch — we do, however, need to preserve green space and be concerned about flooding issues, which are apparently something that’s very real over on the western bank.”

Monday’s vote was not a rejection of staff’s amendment; commissioners unanimously agreed to continue the item to allow staff to make revisions in line with their vision. 

The planning board recommended commissioners deny the amendment last month. The majority were in favor of higher-intensity uses that would give property owners leeway to recoup their investments. 

However, the planning board did ask commissioners to do a west bank master plan, a market analysis of the parcels and for staff to address zoning; none of these items were included in the commissioners’ approved motion.  

Zonings of the properties are not changing as a result of the commissioners’ action. The next step in the amendment, after placetype is agreed upon, is to discuss zoning. Many of the properties are listed under industrial, with some mixed-use, and could potentially be developed to the standards allowed under those districts by-right until formal changes are made. Though staff has been clear they would recommend denial.

Staff’s goal with the amendment was to add “guardrails” as to protect the resiliency of any potential development and keep within the “historic nature of this area.” This includes parcels on Eagles Island, once consisting of rice plantations, maintained by the Gullah-Geechee people. A portion now serves as home to the Battleship NC, the focal point of the area. 

Isabelle Shepherd, of the Historic Wilmington Foundation, spoke in favor of conservation and was particularly supportive of a nature park. 

“It’s imperative we prioritize flood damage protection,” she told commissioners, speaking on behalf of multiple organizations such as NAACP, Coastal Federation, Gullah, Geechee Greenway Blueway Heritage Trail and Cape Fear Sierra Club, among others. 

“[It] preserves the historical integrity, cultural significance and natural environment of the area.”

Another resident Jan Landis pleaded with commissioners to keep it natural. 

The commissioners meeting was packed with audience members concerning west bank amendments. (Drew Stevens Photography)

“I want it stay that way for my grandson,” she said, speaking of her 5-year-old who often fishes with his father on that side of the river. “I want him to be able to continue doing that as long as he can, and maybe his kids will get to do that too.”

Also joining the chorus were professionals, scientists and engineers pleading their cases. 

“Just the past month with high tide flooding, water was flowing over the roads 12 times during this time, some of those at night,” UNCW professor Roger Shew said. “It’s scary in the day, but it’s really terrifying at night.”

Shew also addressed submissions — less than 10 — that favored more intense development along the west bank. Though not calling out anyone by name, some people — including the Business Alliance for a Sound Economy and the Wilmington Chamber — have favored a riverfront like that of Savannah, Georgia. 

“Savannah is not like us at all,” Shew combatted to commissioners. “Their Convention Center and the resource hotel across the river from downtown, they’re located on over 20 acres of land that’s over 10 feet in elevation. What does Eagles Island have? It’s got 2-and-a-half acres of land above 8 feet of elevation. That’s less than the size of a city block.”

Barfield admitted to at first being “excited” by the possibility of having a thriving riverfront mirroring the current downtown landscape.

“But when you know better, you do better,” he said, adding upon further thought he had a few worries.

One concern was about emergency personnel reaching people on impassable roads. He also didn’t think the Cape Fear Public Utility Authority’s ratepayers should burden inevitable costs. Though developers will pay for elevated roads and infrastructure to be installed, its upkeep falls on the authority to be maintained.

“I would not want to put the onus on maintaining infrastructure that may be underwater in 15, 20 years, on an authority that’s goal is not to charge ratepayers for expansion and growth,” said Barfield, who serves on the CFPUA board.

Zapple questioned elevating roads or bridges and creating dams: “So you get water that comes in, [but] how do you get it out?” 

Resident Logan Secord pondered if moving toward conservation was the right direction and sided with the planning board’s suggestion to do a market analysis. He added he wasn’t worried over the “good developers” who will get the message that development isn’t wanted and will choose to either donate the land or pursue recreational amenities. 

“I’m worried about the bad developers,” he said. “If we do a conservation classification, [they] are going to promptly turn around with their very expensive lawyers and declare a taking and then sue the county.”


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