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]