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HomeMy WebLinkAboutS21-02 Staff Report PB 4.1.2021S21-02 Staff Report PB 4.1.2021 Page 1 of 12 STAFF REPORT OF S21-02 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S21-02 Request: Special Use Permit in order to develop a Wireless Support Structure Applicant: Property Owner(s): TowerCo 2013, LLC Cornelia Nixon Davis, Inc. Location: Acreage: 719 Champ Davis Road 12.01 PID(s): Comp Plan Place Type: R03700-002-002-001 General Residential Existing Land Use: Proposed Land Use: Undeveloped Property Wireless Support Structure Current Zoning: (CUD) R-20 SURROUNDING AREA LAND USE ZONING North Undeveloped/Single-Family Residential (Porters Neck Plantation) R-20 East Single-Family Attached Residential, Continuing Care Retirement Community (Plantation Village) R-20 South Undeveloped/Single-Family Residential (Porters Neck Plantation) R-20 West Continuing Care Retirement Community (The Davis Community – Main Campus) (CUD) R-20 S21-02 Staff Report PB 4.1.2021 Page 2 of 12 ZONING HISTORY July 6, 1971 June 6, 2020 Initially zoned R-20 (Area 5) Rezoned to (CUD) R-20 as part of Davis Community Expansion COMMUNITY SERVICES Water/Sewer Water and Sewer is available through CFPUA but not necessary for this use Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, Porters Neck Station Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Pages Creek Park Preserve, Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The southeastern portion of the site contains a small area of pocosin wetlands, however, this area of the site is not anticipated to be disturbed. Historic No known historic resources Archaeological No known archaeological resources S21-02 Staff Report PB 4.1.2021 Page 3 of 12 EXISTING CONDITIONS AND PROPOSED SITE PLAN • The subject site is located on a 12-acre parcel which is a part of The Davis Community, a Senior Living Community originally established in 1966. Since its establishment, the campus has continued to expand in size and scope using a combination of rezonings, special use permit approvals, and minor and major modifications to approvals. • In June 2020, The Davis Community received approval of a conditional use rezoning to further expand the facility, which included a stormwater infiltration basin and wetland conservation areas on the subject tract. • Currently, there are 3 cellular antennae supporting AT&T, T-Mobile, and Verizon located on a water tank in the center of the main Davis campus. In order to complete the planned expansion, the water tank is proposed to be decommissioned and removed. In order to maintain and improve cellular coverage in the immediate area, the applicant is proposing to relocate the antennae on a new 150’ tall monopole style telecommunications tower with an associated equipment storage and carrier lease areas within a 110’ x 110’ (12,100 sf) area on the subject parcel. • The tower height will total 155’ with the inclusion of a 5’ lightning rod extending from the top of the 150’ monopole structure. Cellular antenna will be placed at heights of 145’, 130’, and 120’, with space for an additional carrier to collocate on the tower at a height of 110’. Existing Campus General Location of Proposed Tower and Equipment Area Current Antennae Location General Location of Approved 2020 Expansion Subject Parcel S21-02 Staff Report PB 4.1.2021 Page 4 of 12 • The tower will be situated within a 60’ x 60’ (360 sf) fenced in area with required buffers and landscaping meeting UDO requirements. Four carrier lease storage areas will be included within this area. Proposed Site Plan with Staff Markups Existing Campus S21-02 Staff Report PB 4.1.2021 Page 5 of 12 ZONING CONSIDERATIONS • New wireless support structures are permitted in the R-20 district with the approval of a Special Use Permit, and are subject to supplemental standards in Section 4.3.3 C of the UDO. These standards generally address setbacks, other agency certifications, signage and landscaping, aesthetic appearance, and collocation. • As proposed, the site plan meets the specifications of Section 4.3.3.C of the UDO. • With the approval of the Conditional Use Rezoning request in June 2020, the underlying zoning district was designated as R-20, with an accompanying Special Use Permit for a Continuing Care Retirement Community. This request would constitute an additional principal use being permitted via Special Use Permit on a portion of the site. AREA SUBDIVISIONS UNDER DEVELOPMENT S21-02 Staff Report PB 4.1.2021 Page 6 of 12 TRANSPORTATION Primary Routes to Arterial Roadways • Access to the tower site will be provided via a new 30’ wide access easement from Porters Neck Road, approximately 155’ in length to the tower site. • Porters Neck Road is an NCDOT-maintained Minor Collector road as shown on the WMPO Functional Classification Map. The proposed access easement into the site is approximately one half mile east of the roundabout connecting Porters Neck Road, Edgewater Club Road, and Shiraz Way. According to NCDOT, a driveway permit will be required for the proposed use. • Maintenance at the proposed tower is estimated to generate approximately 2 trips per month in the AM peak hours, having virtually no impact on traffic on the nearby road network. The estimated trip generation from this requests is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). S21-02 Staff Report PB 4.1.2021 Page 7 of 12 • Due to the estimated low trip generation, a full analysis of pending or approved Traffic Impact Analyses within the proximity of the subject property was not conducted as they are not anticipated to affect this request. In addition, there are no major NCDOT projects planned within the proximity of the subject property that are anticipated to affect this request. ENVIRONMENTAL • The site does not contain any Special Flood Hazard Areas or Natural Heritage Areas. Areas of the parcel contain jurisdictional wetlands, which are not proposed to be impacted by the proposal. • The subject property is located within the Pages Creek Watershed, which drains to the Atlantic Intracoastal Waterway. • Soils at the site are Stallings Fine Sand, according to the Soil Survey for New Hanover County. These soils have moderate limitations on septic suitability; however, it is not anticipated that use of a septic system will be necessary for this use. OTHER CONSIDERATIONS Context and Compatibility • Currently, carrier antennae on the site are located on the water tank within the Davis Community’s main campus, which is proposed to be decommissioned and removed. • Relocation of the antennae to a new proposed monopole tower on the new site will maintain and improve cellular coverage in the area. • Photographic simulations from various vantage points in the immediate vicinity provided with the application show the tower’s anticipated visual impact. • The subject parcel contains a significant amount of mature vegetation which will assist in mitigating visual impacts of the proposed tower. The vegetation is proposed to remain with the exception of areas to be cleared for the stormwater infiltration basin, tower equipment area, and access easement. S21-02 Staff Report PB 4.1.2021 Page 8 of 12 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type General Residential Place Type Description Focuses on lower-density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low-density multi-family residential, light commercial, civic, and recreational. Analysis The intent of the General Residential place type is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. While wireless support structures and other infrastructure are common in contemporary land development patterns, the Comprehensive Plan does not specifically address their location. However, the Comprehensive Plan’s implementation guidelines do aim to support business success, workforce development, and economic prosperity, and telecommunications infrastructure, when placed to best serve the needs of surrounding residents, business, and institutional uses, can help to advance those goals. S21-02 Staff Report PB 4.1.2021 Page 9 of 12 STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Water and sewer infrastructure and capacity are available to serve the site but are not necessary for the proposed use. B. The subject property is located in the New Hanover County Northern Fire Service District. C. Access to the tower site will be provided by a new access easement from Porters Neck Road, which is an NCDOT maintained street. D. The subject site does not host any known cultural or archaeological resources. Jurisdictional wetlands on-site are not proposed to be impacted by the proposal. E. The proposed use will have virtually no traffic impact on the surrounding transportation network. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. Wireless Communication Facilities including Wireless Support Structures are allowed by Special Use Permit in the R-20, Residential zoning district provided that the project meets the standards of Section 4.3.3 C of the Unified Development Ordinance. B. Section 4.3.3.C.(1)(a) requires that the setback for any tower, antenna, or related wireless support structure in any zoning district shall be setback from any existing residential property line or residential zoning district boundary a distance equal to the height of the tower as measured from the base of the tower. The location of the proposed 155’ tall tower (including the 5’ lightning rod) will be 155.1’ from the nearest property line to the south, meeting the setback requirement of Section 4.3.3.C.(1)(a). C. Section 4.3.3.C(1)(b) requires that all applicants seeking approval shall also submit a written affidavit from a qualified person or persons, including evidence of their qualifications, certifying that the construction or placement of such structures meets the provisions of the Federal Communications Act, 47 U.S.C. 322, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455(a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. Documentation in the application package meets these requirements. D. Section 4.3.3.C(1)(d) regulates the signage allowed on the tower and related equipment. Signage proposed on the site consists of identification, registration, and safety signs which are compliant with this ordinance provision. E. Section 4.3.3.C(6)(a)(1) requires that the minimum distance between the tower and any other adjoining parcel of land or road must be equal to the minimum setback described in Section S21-02 Staff Report PB 4.1.2021 Page 10 of 12 4.3.3.C.(1)(a), plus any additional distance necessary to ensure that the tower, as designed, will fall within the tower site. The proposed location complies with this provision, and no evidence has been submitted suggesting that additional distance is necessary. F. Section 4.3.3.C(6)(a)(2) requires the applicant to submit photographs and statements as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. Information provided in the application packet meets this requirement. G. Section 4.3.3.C(6)(b) requires a landscaped buffer with a base width not less than 25 feet and providing 100% opacity, in addition to a minimum 8 ft. tall fence surrounding the tower base. The proposed landscape buffer shown on the applicant’s submitted site plan meets this requirement. H. Section 4.3.3.C(6)(c) requires that wireless support structures over 150’ in height shall be engineered to accommodate a minimum of two additional providers. The proposed tower is 150’ tall and has been designed to accommodate a total of four providers’ antennae and equipment, meeting this ordinance requirement. I. Section 4.3.3.C(6)(d) prohibits the storage of equipment, hazardous waste, or materials not needed for the operation, prohibits outdoor storage yards in a tower equipment compound, and prohibits habitable space within this area. The applicant’s proposal complies with this ordinance section. J. Section 4.3.3.C(6)(e) requires that, when the proposed tower site is within 10,000 feet of an airport or within any runway approach zone, the applicant submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards. An FAA Determination of No Hazard to Air Navigation has been provided by the applicant and indicates that the site and proposal are in compliance with FAA regulations. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The location of the proposed wireless support structure is on a portion of a parcel approved as part of The Davis Community to be used for stormwater management and wetlands conservation. The tower site and associated equipment storage area will be on a 110’ x 110’ (12,100 sf) leased area within this parcel and is not proposed to impact any wetland areas. B. The nearest residential structures range from approximately 450’ to the east and 500’ to the southwest of the proposed tower location. The tower site is adjacent to an institutional use to the northwest, approximately 480’ from the nearest structure, and is adjacent to undeveloped or recreational land on other boundaries. C. Predominant land uses in the immediate vicinity of the subject site are undeveloped, institutional, and residential. D. A 25’ wide buffer surrounding the tower base and equipment compound will provide visual screening. E. Evidence has been submitted in the form of an impact analysis by David Smith, MAI, SRA, that the proposal will not have significant adverse impact on adjoining and abutting properties. F. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. S21-02 Staff Report PB 4.1.2021 Page 11 of 12 Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The subject site is currently undeveloped and a portion of the site has previously been approved under a Conditional Use Rezoning request to contain a stormwater infiltration basin and wetlands conservation areas. No wetlands are proposed to be impacted by this request. B. The tower site is located adjacent to residential areas to the east and southwest, with the nearest residential properties located approximately 450’ to the east and 500’ to the southwest of the proposed tower location. The tower site is adjacent to an institutional use to the northwest, approximately 480’ from the nearest structure, and is adjacent to undeveloped land on other boundaries. C. The site is classified as General Residential by the 2016 Comprehensive Land Use Plan. The intent of the General Residential place type is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. While wireless support structures and other infrastructure are common in contemporary land development patterns, the Comprehensive Plan does not specifically address its’ location. However, the Comprehensive Plan’s implementation guidelines do aim to support business success, workforce development, and economic prosperity, and telecommunications infrastructure, when placed to best serve the needs of surrounding residents, business, and institutional uses, can help to advance those goals. S21-02 Staff Report PB 4.1.2021 Page 12 of 12 EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions [OPTIONAL] Note any conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met]