“Fundamentally, this is a property rights issue,” BASE President and CEO Tyler Newman told Port City Daily on Thursday. “Much of the land on the west bank is already environmentally impaired, is currently zoned for commercial and industrial use, and perhaps most importantly, is privately owned.” (Port City Daily/File)
NEW HANOVER COUNTY — County commissioners were presented with both engineering and business partnership perspectives ahead of an August vote on West Bank development guidelines, but the two are at odds.
Read more: Concerns abound: Planning Commission rejects Western Bank amendments
On Monday, former U.S. Army Corps of Engineers engineer Brayton Willis emailed the commissioners a presentation in support of a “low-impact, park-like development” across the Cape Fear River from the current Riverwalk. He offered his thoughts on the best use of the west bank. Commissioners are preparing to present to the commissioners an amendment to the 2016 Comprehensive Plan that would suggest a type of low-intensity, protected site.
County staff proposed reducing population density in the area due to increased flooding on land between the Cape Fear Memorial Bridge and the Isabel Stellings Holmes Bridge. For example, the Battleship area of Eagles Island, which was affected by the zoning, has seen a 6,200% increase in flooding over the past 70 years.
Meanwhile, the Business Alliance for a Healthy Economy (BASE), a real estate nonprofit advocacy group in southeastern North Carolina, submitted a letter to the county this summer when it launched its poll portal two weeks ago, and the letter is also posted on the group’s website. BASE supports more development, arguing that the most effective use of land on the West Bank is to “encourage” development by private developers.
“Fundamentally, this is a property rights issue,” BASE President and CEO Tyler Newman told Port City Daily on Thursday. “Much of the land on the West Bank is already environmentally degraded, is currently zoned for commercial and industrial uses, and, perhaps most importantly, is privately owned.”
BASE highlighted that Battleship Road contains a combined 50 acres of former industrial brownfield sites that are at risk of contamination. Citing recent failures to conserve some of the land, including Eagle’s Island, the alliance says developers are more committed than governments and conservation groups to restoring the area and protecting its natural resources.
The coalition said the proposed amendments, which would ban residential, office and public uses, would “prevent and impede” the county’s previous desire to have the west bank mirror the current Riverwalk. County commissioners have wanted for years to clean up the area and move it away from industry.
The letter echoes those sentiments, stating that “anti-development” is not the way to encourage environmental restoration, and points out that the amendment limits the height of buildings (up to the height of a battleship) and weakens them to allow for the construction of storage facilities and warehouses.
“We can and should aspire to do better,” the letter reads.
It adds that developers can “work with landowners to consolidate parcels, consolidate ownership interests, hire technical expertise, and promote natural resource improvements and conservation consistent with efficient land use.” But developers will likely need to create higher-density projects, such as residential or mixed-use projects, to recoup the significant investments they make in renovating and cleaning up frequently flooded land.
The Planning Commission had asked staff to include them in the proposed amendments earlier this year, but those options were left out when staff presented their recommendations on July 11. The Planning Commission, with Jeffrey Petroff off the ballot and two other members absent, voted 2-1 to recommend commissioners reject the amendments, with Cameron Moore and Colin Tarrant voting in favor of rejecting and Clark Hipp voting against.
The majority agreed in part with BASE and generally acknowledged concerns about the threat of flooding to buildings, but believed staff restrictions infringed on property rights.
Moore, the former CEO and director of government relations for BASE who also sits on the Wilmington Home Builders Association board with Newman, included in his motion to reject the amendment that commissioners do a full market analysis to learn the taxable value of the land and bring in a consultant to create a “true” master plan for the area.
The move put the Planning Commission at odds with the development reduction and conservation that the majority of 2,000 public commenters had advocated for the county. Public opposition led county staff to remove the residential, office and institutional uses before recommending the plan to the Planning Commission, change the site type from highest density riverfront mixed-use to privately zoned low-density riverfront, and stipulate that all public lands be dedicated to conservation.
Willis, a former U.S. Army Corps of Engineers engineer, is among county residents calling for restraint on construction on the West Bank.
“There’s no way to go there and do development. [land] “Without disturbing the natural floodplain, without harming people, without having to spend public funds to build shelters during floods,” Willis said. “To us engineers, it’s just common sense.”
In an email to commissioners this week, Willis said that even if infrastructure is designed to handle higher than normal flooding, construction work still presents a high risk of damage. Overpasses built to reduce flood damage and provide access are essentially levees that block the natural flow of water into the floodplain. Half of Eagles Island is wetlands designated as a FEMA floodplain.
Willis said that not only would altering the floodplain violate New Hanover County land law, but the ex officio levees would divert the river’s flow onto adjacent property and quickly cross the floodplain, turning a 100-year flood into a 500-year flood.
Willis believes protecting the land and using parts of it as a low-intensity park is the only way to limit significant damage to property and infrastructure, as well as public funds used for repairs.
Developers would be hit with the cost of extending utilities onto their property if they were allowed to build higher density projects, but those utilities would still be maintained by the appropriate authorities. Ratepayer dollars would be used for more frequent and expensive maintenance in flood-prone areas. Not only that, but disaster relief funds would be pumped into vulnerable properties built on Eagles Island.
Willis also disputed the consortium’s argument that private development is the best way to improve the land.
“That’s an insane statement,” he said.
He noted that landowners, both government and nonprofit, have access to several state and federally funded programs for brownfields cleanup and wetland and floodplain restoration.
Port City Daily asked Newman why protecting the island’s assets wouldn’t be a better solution than private development.
“There seems to be a misconception that New Hanover County can take land and magically turn it into a park,” Newman said. “Taking away private property rights based on someone’s personal preferences is just bad government.”
Willis noted that there are several benefits for landowners who want to preserve their land by donating it to a land bank or nonprofit. In an email to commissioners, he cited several reasons:
Provides a charitable donation income tax deduction for the full fair market value of donated land; Avoids capital gains tax on the appreciation of land; Removes an asset from the donor’s taxable estate; Relieves the donor from the costs and responsibilities of maintaining donated land; Reduces estate and inheritance taxes, along with tax benefits that can offset losses in property value due to conservancy donations; Provides a fair market value that can be deducted from the remaining interest donated for income tax purposes.
Willis added that the small park development would not require running water, nor would it need a sewer system: Bottled water could be delivered to park visitors, and the organic toilets (Willis pointed to those made by Clivas Maltram) would be self-contained and environmentally sustainable, he said.
In its business alliance letter, BASE noted the group’s recent visit to Savannah, Georgia, and cited the city’s waterfront as a successful example of combining private development and public management.
“They have a vibrant and strong port and an extensive historic district,” Newman reiterated to PCD. “They are revitalizing that core by fostering similar wetland/brownfield redevelopment across from their historic riverfront downtown. In their case, they are investing in a growing convention center, hotel and golf course. They are also expanding port operations across the river.”
Willis countered that many cities along the East Coast have spent billions of dollars preventing development in floodplains and protecting property that is already in floodplains.
Hundreds of miles off the South Carolina coast, Charleston needs about $1 billion in drainage infrastructure to help residents struggling to stay above water. In 2019, the city bought and demolished 32 townhouses to restore floodplains and improve flood protection in neighborhoods, and local environmental groups are working with the city to make those efforts more accessible.
The City of Boston has developed a comprehensive climate response initiative that includes strategies to protect coastal structures and mitigate flooding and sea level rise.
PCD asked Newman how he would refute the assertion that development in the West Bank is a step in the wrong direction, given these actions and others across the country.
“Overall, people continue to come to our community,” Newman said, “and we can best meet that demand with a continued focus on jobs, infrastructure and housing across the economy. To make efficient use of limited land, particularly in areas adjacent to the community core, we need to embrace a variety of uses, heights and densities while being environmentally sensitive.”
Have a tip or comment? Email journalist brenna@localdailymedia.com.
Want more PCD news? Subscribe now to our morning newsletter, Wilmington Wire, and get the latest headlines delivered to your inbox every morning.
