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Special Use Permits 2001 i .. B *ZJ4S 41,''"�'�' ago COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA $ ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT i Z-714,09/00 Motorcycle Shop i (4331 Castle Hayne Road) The County Commissioners for New Hanover County having held a public hearing on Monday January 8, 2001 to consider application number Z-714 submitted by Berrie Marshburn, a request for a special use permit to use the property located at 4331 Castle Hayne Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. ' 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first i general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS 4 OF FACT: A. The site is served by individual well and septic. B. The site is located within the Castle Hayne VFD. ; C. Access to the site is through an existing improved access easement. I s 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required } conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A site plan showing existing features and setbacks has been provided. B. Any additions to the site will have to meet the setbacks and buffer requirements of the ordinance. i 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this x conclusion,the Commissioners make the following FINDINGS OF FACT: i A. No additional parking or buildings are proposed. 1 B. The warehouse is existing on the property. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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 plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Other areas nearby are zoned I-1 Light Industrial. B. According to the Comprehensive Plan,the property is located in the resource protection land iiclassification which was established to provide for the preservation and protection of natural resources. { 6• Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS • ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: g, A. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1) All other applicable federal, state and local laws. 2) The use will be limited to the Motorcycle shop 3) The motorcycle shop can only be operated by the current property owner 4) A 60' wide strip connecting to the I-1 district across Castle Hayne Road will be provided on the petitioners property adjacent and south of the subject property to be utilized for • access to the Motorcycle shop. 5) Improvements to this access drive must be completed within 6 months of the rezoning. µ s Ordered this 8th day of January 2001. •# / s+M' .r f' Ted Davis Jr., Ch Qt . i Attest: '�� 'o 3 4,40 C -rk to the Board • 3 • Y 7 E 3 11 2 I 3 II County of New Hanover State of North Carolina Order Granting A Special Use Permit(Modification) Marine Research & Education Facilities • S-329, 04/00 •3 e The County Commissioners for New Hanover County having held a public hearing on • March 12, 2001 to consider application number S-329 submitted by the University of • North Carolina at Wilmington, a request for a special use permit for property located at 5600 Marvin K. Moss Lane and having heard all of the evidence and arguments presented at the hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific • requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with plans submitted to the • County Commissioners. 2. It is the County Commissioner's CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the County Commissioners make the following FINDINGS OF FACT: A. Sewer service is provided by New Hanover County. Water service is provided by the City of Wilmington. B. The project has direct access from Masonboro Loop Road. Masonboro Loop Road is a NCDOT State Maintained Road. C. The project will be served by the Myrtle Grove VFD. • D. Minimal site clearing has been completed. Of the 52 acres that exist on site, more than 40 acres will remain undisturbed. E. A 50- foot buffer of natural vegetation will exist along the property lines. F. The eastern portion of the site lines within the 100 year flood zone. The buildings are not located within this area,. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES • satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The Marine Research and Educational Facility will be operated by the University of North Carolina at Wilmington's Center for Marine Science. • Colleges, Universities, and related uses are permitted by special use in the R-15 Residential Zoning District. B. Approximately 82,880 cumulative square feet of building floor area has been constructed. The project consists of a three winged main building of one and two stories in height containing a research area(74,200 square feet of habitable space and 7,000 square feet for mechanical penthouse), 's • a proposed University Police Gatehouse (480 square feet), and an Estuarine Research Station( 1,200 square feet). C. Parking will be provided in accordance with Section 81 of the County's Zoning Regulations. D. All setbacks and buffer yard requirements will be in accordance with Section 69.11 of the County's Zoning Regulations for O&I uses. E. A pier and dock facility are already located on the site in accordance with County regulations. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of the adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners, make the following FINDINGS OF FACT: A. Land adjacent and north of the facility is vacant. The property is now or formally owned by the North Carolina Lutheran Retirement Center. Land ) adjacent and south of the site contains a few residential homes at low density. B. Significant development is located west of the project area. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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 plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. As stated, the project will consist of 82,880 square feet. B. Areas adjacent to the Intracoastal Waterway will be left undisturbed. } C. The 1999 New Hanover County Classification Plan identifies this area as Resource Protection. This classification provides for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. Compatible commercial and industrial development may be located within this class as long as important resources are not adversely impacted. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the applications for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions. • A. That the applicant shall fully comply with all the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. • B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction,this permit shall become void and of no effect. C. Other i 1. UNC-W continue their commitment to work with the neighbors on mitigating the noise concern emanating from the heating and cooling units. 2. Any addition proposed construction after the Special Use Order granted by the Board on March 12, 2001 will require a new special use permit. 3. Between the hours of 8:00 p.m. and 8:00 a.m., one heating/cooling unit will be in operation. The unit will operate on low setting. 4. Noise readings will be monitored quarterly for one (1) year by professional technicians hired by UNC-W. 5. All other applicable/Federal, State, and local laws. Attest: 11P, • A e lerk to the Board pG • zuzar 43 {{! I 1 1 1 eZ> I a ■., ...Ai. 4 04, v 0 iipp AO ssS.PORD trifil thib.....4111*0 liftlp Ct 1 4* 4 atApiiir:4-17#* .4 0 -P Mr' 0 z• III" • _ ) _. At.4...4111111t._Z to. kit it 0 0 .. 1 A Ft Cn *CD4et 41* I 1CD 0000 4SO4,6,04,00 0 0 1 ;•1 7 -\ Pi 400,, , a. a t. 03 , X-m, r- WMCD , 11 04 41117/74 --. CI F.17-0• . " ' I to) 1 k4'1/E ,g a =co 8 ....I .. . = i n ,.....°. x1/2- @ IT 1 a a:. - - 311 isa • A a • 0 1 4, I 2 0 I N Gm 01. tr 0 0 al bit° Col ..., 3 tV Ei• ....:. 1-,---- ap000e a L 0 if (-----, .......,. . -0 ... 2 . . - I-r i X) 1 , • • illl 1 1 z F P • 2 33- ..3 Ln 4111404\1) i 111111 .-.) 4/‘ ....1 . ..32,. 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I rfla ii e li i 2`(-1g ii 1 g oR2 .ii i , . ;• -I 6 o 8 . i > , 3 „,,.. _-...1") xam Z • ca I 1 m IA 5i --'!k r)A • _ > 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For B-1 & O&I Uses in a CD(B-2) Conditional Use Highway Business District Z-724,04/01 The County Commissioners for New Hanover County having held a public hearing on May7, 2001 to consider application number Z-724 submitted by Cindee Wolf for Jere Legwin, a rezoning 1 request from R-15 Residential to CD(B-2)Conditional Use Highway Business for property located at 7965 Market Street on the southwestern corner of the intersection of U.S.Highway 17(Market Street) and S.R.2290(Mendenhall Drive)and having heard all of the evidence and arguments presented at the hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 A. The property has 227 feet of frontage along Market Street where there is a SHOD. 1 B. The site is served by County water and sewer. C. The site is within the Ogden VFD. 1 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications.In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. A site plan has been submitted which meets the minimum requirements of the ordinance. B. The SHOD requires a 100' building setback and a 50' parking setback. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Other conditional use zonings are located in front of subdivisions in the area. 1 B. The property was previously zoned Conditional Use B-2 for a retail Nursery. 1 C. No evidence has been presented that indicates that this would 1 injure the value of adjoining or abutting property. 1 4; : 1 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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 plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 1 A. The property is located in the Urban Transition land 1 classification. The purpose of the Urban transition classification 1 is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public 1 service delivery. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions 1 precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well 1 as any additional conditions hereinafter stated. i 4 B. If any of the conditions imposed by this special use permit shall be I held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. 1 C. Other: 1. Uses should be limited to B-1 and O&I type Uses. 1 2. Placid Drive connection should be completed for i interconnection of Country Haven and Mendenhall Subdivisions. s 3. Sidewalk should be provided to the north along Market Street 1 to provide pedestrian connection between commercial districts. 4. Tree retention should be maximized along Market Street. 5. All other applicable federal, state and local laws. i 1 e 1 ,ggg i Ordered this 7th day of May 2001. 1 ''177'41P4. / 1:1 LI IA . ., �' Ted Davis,Jr., C irman I Attest: 'i � p ,R f..1•0• fr ' Affir 1 ! C : k to the Board i STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT County Fire Station Facility Sea Breeze Community S-471 The County Commissioners for New Hanover County having held a public hearing on May 7, 2001 to consider application number S- r 471 submitted by New Hanover County Fire Services, a request for a Special Use Permit to use the property located at 9815 River Road, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1 . The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners . 2 . It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2 . 5 acre site is proposed to be private water and sewer (now or formally Fairway Utilities) . B. The facility will have direct access from River Road ) Service Road (SR 1576) C. The use of the property as a fire station is by its very nature intended to preserve the public health and safety. D. The site is served by EMS District 5 . 3 . It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications . In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property selected for the fire station is zoned R-15 Residential . The minimum setbacks and bufferyards shall ti be met . B. The Zoning Ordinance establishes no special conditions for the construction of a fire station. { EE g E C. Adequate parking areas are available. NCDOT will approve need to driveway permits . 4 . It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: } A. The site is located near several residential developments, mobile homes, an RV Park and the Seabreeze Community. B. The presence of a fire station will decrease response time to fire calls in the area. C. The site is heavily wooded in the back and provides visual protection to adjoining property. D. Fire stations are a public necessity. { E. The fire station will comprise of 12, 250 square feet . 5 . It is the County Commissioners ' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely 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 plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Classification Plan identifies this area as Limited Transition. This class provides for the development in areas that have some services . B. Fire station facilities and similar type uses have traditionally been located throughout a community to promote efficiency in response times, provide comprehensive fire service, and in turn lower homeowner insurance premiums through the protection of lives and property. 6 . Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions : A. That the applicant shall fully comply with all the specfic requirements stated in the Ordinance for the proposed use, as well as any additional conditions �< I i i hereinafter stated. 7 B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent 1 jurisdiction, then this permit shall become void and of I no effect . 1 C. Other: i 1 . All other applicable federal, state and local d D. Every effort should be made to place the fire station toward the back center of the property to maintain the I natural vegetation to the sides and rear and also protect a number of significant large trees located near the central front portion of the site . • E. A NCDOT Driveway Permit will be required to adjoin SR 1576 . F. Landscaping should be in accordance with proposed Unified Development Ordinance standards . i i i r Ordered this 7th day of May, 2001 . I i iAlaW1.1,4,4,• gt 6.) ot . , ,...„..r..„ 1 .,,,,A •Zi Ted Davis, Jr. , Chairman (2001) 1 1 4 Attest : A, 1 Clerk to the Board 1 1 i 1 i 4 1 i i { { i 4 I 1 1 i 1 1 , COUNTY OF NEW HANOVER ' STATE OF NORTH CAROLINA I 1 ORDER GRANTING A SPECIAL USE PERMIT E For an Outdoor Shooting Range in an I-2 S-476,05/01 The County Commissioners for New Hanover County having held a public hearing on Monday,May 1 21,2001 to consider application number S-476 submitted by The New Hanover County Sheriff's Department,a 1 z special use permit request to permit an outdoor shooting range in an I-2 Heavy Industrial District located at 4070 Highway 421 North and having heard all of the evidence and arguments presented at the hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72. 1 27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. s 1 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general 1 requirement listed in the Ordinance;namely that the usewill not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: t A. The site is served by the North Wilmington VFD 1 1 B. The site will utilize individual well and septic. Since there will be restroom facilities at the project, Health Department permits will have to be obtained. C. The facility will be composed of one building approximately 12, 000 s.f. , parking for a maximum of 60 cars, a pistol range, a skeet range, a rifle range $ with a sniper tower, two combat ranges, and a K-9 training area with ,a kennel and a small shed. D. All ranges will have a minimum 10' high berm behind all targets. aE. All ranges have a northwest orientation. The nearest structures in that direction are over 2 miles away. However, there are some buildings 34 of a mile ii i. north of the site on Highway 421. The properties are separated by heavy vegetation. 1 3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the second general 4i requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 A. All proposed shooting ranges are setback 100' from the Road Right-of-way. B. The proposed firing ranges will have a minimum 10' high earth embankment & behind all targets. 1 i C. "No Trespassing - Danger - Shootin g Range" Signs will be posted every 100' 1 around the perimeter. D. There is at least one qualified Sheriff who is certified as a shooting range i supervisor for shooting range supervision. Safety rules and regulations for 1 the facility will be adopted. E. The firing range shall be covered by a minimum of $300, 000 of accident and liability insurance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or 1 abutting property,or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 A. Adjacent properties that have agreements with New Hanover County will continue 1 to utilize the existing access road. B. The property is approximately 44 acres and is currently vacant. The proposed shooting range will only utilize the southwestern corner of the property. 1 E I f I i C. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property. D. This type of training is necessary for Sheriff's to serve and protect our community. 5. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the fourth general s requirement listed in the Ordinance;namely 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 plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: z A. The subject property is located in the Conservation Land Classification. The { purpose of the Conservation class is to provide for effective long-term management and protection of significant, limited or irreplaceable natural t` resources while also protecting the rights of the property owner. B. The site was used as a disposal site for dredging the Cape Fear River. I C. NCDENR has visited the site and determined that no 401 water quality i certification is required. D. The Corps of Engineers has also reviewed the proposed firing range and t reminds the County that "should the need arise for any future placement of dredge material at this site, they will require that structures be removed or a relocated at the County's expense. " Clean up of any hazardous material as a result of this use would also be necessary. 3 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions I precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific 1 requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no ' effect. C. Other: 1. All other applicable federal, state and local laws. 2. Efforts should be made to retain significant trees within the project area. 3. The required warning signs shall be Bi-lingual (Spanish & English) Ordered this 21st day of May 2001. tirA ' `' Ted Davis,Jr., Cha an I r I i Attest: 1i "r:4, „,� ilk_, * • he_d- ■ -rk to the Board 4 Q 1 1/ : • 1 3 Or. . .=. • . . - • 3 It. • . . . , •.• • i • .. • 1 . 1 • • 1 t t d • f f I ; • . • . 1 • i 1 ■....P r-**••■D 1 i s • s s • i --...: :•..".••. ..,.• :..:::".::::::::. I 1 • f f • i I -11•_ . -- 1 • 1 i 1■1 _...:**,* -.,... • --‘,, f i ' ii a i t°1 a UUI .. • a 03 i , 1 2 96 1 a , i ' r ,-- .,..-: " ' ,. , ...‘ ,.•''',„''' .,,,.,„.% ,.,,r° ,.....- ...,,' ,,,, Fil - --- , ../"7 ,./r-' 1 '''''''' '. 1 . 1:1 fit& cr : 7 CO / J . _ ; Cft nay,e a . . - .,., . 0... . - - 1 r • ' ,_ .F T .,.., . .. s_0 ... t, 1 : 1,4,01 c , , • . .. . . , .,.• . ipairie. .„ , 1 3 .,, i 11.a .,,.r Elleq. • PI.#5v P. 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WS4 f:.1,3,4;W.*"-'• ,:',.•.i.'a t kr:.•:"111%.: .;Ist.,.•..Z..1:x12%.:.a.'";;i:f X...NZI:"r';:1::.4.:A:W.:::.,: ::,',....r......,..:.rxi 4. , • t 3 E •/.1: ..... ....-••••'''''''''''"....---. NI ........................ ............. I........---..... .••• I . ... ................, . •'• .z.,- 1 i .. .•-•'.. ...............- ...-••••••••• .• —..... . . . •• ... .-..... 11 ..„ E...........- • / • .... • . ,............. .... 3 / ..••• ; 3 ., '•'•-•..........-., .. . . .. ••••••- ••""..... • • . \-3' .•..... Certificate of Approval i• , i• , - -------.... Chairman, Co. Commissioners Date ,. ..................................... ...--......---............. . ..........._ I - I I , COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA • ORDER GRANTING A SPECIAL USE PERMIT For a 275' Telecommunication Tower in a RA district i S-477,05/01 s The County Commissioners for New Hanover County having held a public hearing on Monday,June 4, :ti 2001 to consider application number S-477 submitted by Crown Castle Atlantic/Cingular Wireless, a special use permit request to permit a 275 foot telecommunication tower a RA Rural Agricultural District located at 3719 Northeast Avenue in Castle Hayne and having heard all of the evidence and arguments presented at the 1 hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: i 1. The County Commissioners FUND AS A FACT that all of the specific requirements set forth in Section 72 1 27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. r S 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety I if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: i l A. The site is served by the Castle Hayne VFD B. The area is served by individual well and septic. No restroom facilities will exist on site. g C. The site has access through a 20' wide access easement from Northeast Avenue which is a state maintained road. D. The tower compound will be fenced with a 6' chainlink fence topped with barbed wire. i E. Expansion of wireless telecommunication services can enhance emergency 1 communication during severe weather conditions . i I 3. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the second general 1 Irequirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The proposed tower site is zoned RA Rural Agricultural . I Telecommunication towers are permitted by Special Use Permit in RA districts. R 1 B. The proposed tower will be in compliance with all FCC requirements . C. The proposed tower will also comply with all FAA regulations . t D. A site plan in accordance with the requirements of section 69 . 17 of 1 the New Hanover County Zoning Ordinance has been submitted. IE. A third row of plant material to meet buffering requirements has been added to the site plan. F. Documentation that there is no suitable existing facility within the coverage area for collocation has been provided by the applicant . I 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general i I requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or l abutting property,or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Similar type facilities exist in residential neighborhoods throughout 1 New Hanover County. 1 3 i r t B. No evidence has been presented that this tower will decrease property 1 values or exist as a health hazard to residents that live nearby. - i 4 5. It is the County Commissioners'CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance;namely 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 Aconformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i A. According to the New Hanover County Land Use Plan, the site is located 1 in the Resource Protection land classification. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and 1 recreational resources . 1 B. No County regulated conservation or historic resources have been identified on the site 1 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions ' precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the 1 application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: l i A. That the applicant shall fully comply with all of the specific t requirements stated in the Ordinance for the 6 qu proposed use, as well as any ? additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held 1 invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect . i C. Other: t. '` 1. All other applicable federal, state and local laws . I Ordered this 4th day of June 2001. 1 i .4 A.ii/fdI A Ted Davis, Jr., COW.n F Attest: i ; / 4 lerk to the Board ; ei i: f g 1 i. i 6 F E { CINGULAR WIRELESS Special Use Permit Application Before the New Hanover County Planning Board County Commissioners New Hanover County, North Carolina June 4, 2001 7 Site: 478-065A Castle Hayne New Hanover County RALLIBOI 601449.1 Table of Contents 1. Application for a Special Use Permit 2. Applicant's Project Narrative and Statement of Compliance 3. Site Plans gg 'a S 4. Area Maps 5. Radio Frequency Report fi { f gg RALLIBO]601449.1 a NEW}IAN'OVER COUNTY'PLA►NNING • 1 , APPLICATION FORM. PLEASE READ THOROUGHLY BEFORE COMPLETING l ?lease PRINT or TYP ,only. Thank•You., • - : . p • ..rl.e .• ..., ,.♦ t•••... .STAFF �� if t".'";'. ::.v^ ,'•.., ..• NamaofAppticant ,fbwn,..t:as•,rle• at j an,t'1e/angular , . AppuosdogN ,. ;,r ,••r, •r• '1P5.1.1.,‘+Y' `c"•. , Wireless c/o Robert C. Ekstrand s' '�;«.t}` r •if�'r�� •,:K�� vigil!�);1�.•,'.�;;X.�,. App r1t'aPhOfleNo. • Demo AddreseotApp�icent Zipcode 21612 919-788-1856 April 5, 2001 3737 Glenwood Avenue, Suite 400, Raleigh, NC a Name of Property Owner {it different than addraes of.Proper y Owner/Applicant) ..• . . Irene K. Lane, 3719 Northeast Avettue, ,Castle .HRyne, North'•Carolina• 28429 • tccadonofPioperty 28429 TaxMap . week Paraet .. 3725 Northeast Avenue, Castle Hayne, NC , • Book 59 Page 597 [R01100-001-002-{ AreeofPrnpeay sq,ft. t�easea Aea zoning Land Classification I 18.90 Acres Am 10,000 Sq. Ft. � RA, Rural Agricultural "RA" -iodating Usaofetoperty Proposed Useof Property . Residence/Farm Tract Tower Site . 1 5 i APPLICATION FOlZ i 1 SPECIAL USE PERMIT - I • i I { CONTENT OF THE APPLICATION; FEES i 1 Applications MUST be reviewed by the Planning Department for completeness prior to acceptance. For Special Use Permits that are considered residential or mobile homes a fee of$100,00 is required.All other Special Use Permits require a fee of $300.00. € i This fee,payable to New Hanover County,MUST accompany this petition. Noapplication will be accepted unless accompanied byasketch ofthe proposed useand lot drawn toscalcin duplicate indicating: I. Copy of current tax map i 2. Location of existing and(or proposed structures)to be used in connection with the requested use 3. Location of off-street parking , 4. Location and dimensions of proposed sign(i) ' i 1 S. Location of site relative to major thoroughfares • ..6. Setbacks from property lines ' '• ' ; • ' • • • • . : , . . . . . . . . •7. Narrative of proposed upe T, . . ••. . �, • • I • The Planning Department,Planning Board,and%or Board of County Commissioners reserve the right to require additional information if needed to assure thatfihe use In its proposed location will be harmonious with the area and in accordance with the I Zoning Ordinance of the County ofNew Hanover. :1 • •, i GUIDE TO REVIEW PROCEDURES i ,C '. Applications for Special Use Permits are acted upon by the New Hanover County Commissioners in a quasi-judicial public hearing. Except for mobile homes on individual lots;all Special Use Permits MUST first be reviewed by the County Planning Board. 1 Applications and supplementary PP pp tary information must be received in the office of the Planning Department twenty(20) working days before the Countypianning Board.meeting to alloy •adequate time,for processing and advertisement as required by the North Carolina General Statutss„and local ordinances. , ' Applications for mobile homes on individual lots must be received In the office of the Planning Department twenty(20) working days before the regularly scheduled commissioners meeting. •Planning Board meetings are held at 7:00 PM on the third floor of the Old County Courthouse,at Third and Princess Streets,Wilmington,North Carolina,on the first Thursday of each month. Commissioner meetings are scheduled for the first t ' Monday of each month at 6:45 PM on the third floor of the Old County Courthouse,24 North Third Street,Wilmington,North 1 CH .;atvlina. I. r • f 1 '1 What You Must Establish 'For A Special Use'Permit • Authority to grant a Special Use Permit is contained in the Zoning Ordinance,pursuant to section 71. The Zoning Ordinance imposes the following General.Requirements on the use requested by the applicant. Under . each requirement,the'applicant should explain,with reference to attached plans,where applicable,how the proposed use satisfies these requirements:(Attach additional pages if necessary) General Requirement#1 • The Board must find"that the use will not materially endanger the public health or safety if located where pro- tt Posed and developed according to the plan as submitted and approved." Statement by Applicant: _.... _. ; _..._.• I I ;PLEASE SEE AESPORSE•S IN..THE ATTACHED+•PROJECT NARRATIVE AND STATEMENT OF COMPLIANCE • i General Requirement#2 The Board must find"that the use meets all required conditions and specifications"of the Zoning Ordinance." Statement by Applicant:. . " • +. , .•• �,t QQ }9th, • E~;Sb . REb'1? ES. ;THE' A�''£4C h'�P {3. ' V • ,•:::.:�. .�, , .. ,'.IAA. .. ', ' l'AirEM T '•;oil: GOMPLIAN.cE:'•!:w• . . . . ,.j.' :1i:1,r..'+,'.4•ti•.5....:-..• .'.1•`,r4✓• . . ,•1• •.�i T.' .. ..!i.',•''•'':;� .!j.'.. ` • Central Requirement#3 ,. ... ,, . .,. .. . . ,•; . • . . • • The Board must.find`'`that the use willtnot:substantially injure the value of adjoining or abutting property or that ' the use is a public necessity." Statement by Applicant: .z.„.•,•;;..,,, PLEASE SEE RESPONSES IN THE ATTACHED PROJECT 'NARRATIVE AND STATEMENT OF COMPLIANCE .' . . . • General Requirement#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 plan • of development for New Hanover County." • Statement by Applicant ' •PLEASE SEE RESPONSES IN THE ATTACHED PROJECT NARRATIVE AND STATEMENT OF COMPLIANCE Cr . The rdinance•" . • ' . • ' • 'Zoning income instances,also.impcSes additional specific requirements on the.use r uested b the applicant,The'applicant should be r by P epared to demonstrate that.the proposed use will comply with each specific requirement found in section 72:____. .,(as applicable):He/She should also demonstrate that the land will be used in a manner consistent with the plans and policies"of New Hanover County.The Board of Commis- sioners may'impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit • I certify that all of the information presented in this application is accurate to e tion,and belie ' ; t '� . . , ;, , . .c .o th best of my knowledge, informs-• C ' . . : c IA ' , . . . . . . ..._... k.--■ • .... -:qk Ng . . ' 'Sigx tune of Applicant •.c.,..;a:4.: .;_.4 . • 5 . . ROBERT C. EKSTRAND I •I Cie AFFIDAVIT STATE OF NORTH CAROLNA COUNTY OF WAKE Now comes ROBERT C. EKSTRAND, who after first being duly sworn, deposes and states that he is over the age of majority, has personal knowledge of the facts contained in this Affidavit and is competent to testify to these facts as follows: 1. That I am an attorney with the law firm of Kilpatrick Stockton LLP, located in Raleigh,North Carolina. 2. That the firm of Kilpatrick Stockton LLP has been retained as counsel to represent Crown Castle Atlantic LLC and Cingular Wireless for the purposes of filing petition for a Special Use Permit and to obtain approval from the New Hanover County Board of Adjustment to erect a 275' lattice telecommunications tower on property owned by Ms. Irene K. Lane located in Castle Hayne,North Carolina and further identified as Site 478-065A. 3. That as a representative of Kilpatrick Stockton LLP, I will be acting as an agent for and on behalf of Crown Castle Atlantic LLC and Cingular Wireless for purposes of the foregoing matter. 4. That in accordance with Supplementary Standards for "Telecommunication Communication Facilities, Cellular and Related Towers", Ordinance Section 69.17.F, to the best of my knowledge and belief and in reliance on the expertise of engineers and site planners, the construction or placement of such structures meets the provisions of the Telecommunications Act of 1996, the National Environmental Policy Act of 1969, FCC Rules Sections 1.1311, 1.1312, 1.1307 and all other applicable federal, state and local laws. Further, Affiant Sayeth Naught. This the 5th day of April, 2001. / I fits. Robert C. Ekstrand, Affiant Sworn to and subscribed before me ••.••• , °+ This 5th day of April, 2001. ,�`• CQ' � nn NoT�Ry i • � Patricia B. Butler,Notary Public i My Commission Expires: 3/10/03 �-t+,f ��'� G`�.` OOUNT ," 8 i Co, s- Authority for Appointment of Agent • IRENE K. LANE The undersigned owner does hereby-appoint KILPATRICK STOCKTON LLP asi /her/its exclusive agent for the purpose of � petitioning New Hanover County for an amendment to the text regulations and/or zoning map applicable to the property described in the attached petition. - 1. To submit a proper petition and the required supplemental materials. 2. To appeal at public meetings to give representation and commitments on behalf of • the owner. • 3. To act on the owner's behalf without limitations with regard to any and all things directly or indirectly connected Frith or arising out of any petition for an amendment applicable to the New Hanover County Zoning Ordinance under Article XI therein. This agency agreement shall continue in effect until written notice of revocation by the owner is delivered to New Hanover County. ' This the 5th day of April . , 1;$ 2001 • / ,II `-' Robert C. Ekstrand,Agent Irene K. LanP"`ner } Attorney at Law t Kilpatrick Stockton, LLP «- (0, • . (01 STATE OF NORTH CAROLINA BEFORE THE NEW HANOVER COUNTY BOARD OF ADJUSTMENT COUNTY OF NEW HANOVER APPLICATION NUMBER: In re: THE APPLICATION OF APPLICANT'S PROJECT NARRATIVE CINGULAR WIRELESS AND AND CROWN CASTLE ATLANTIC STATEMENT OF COMPLIANCE WITH FOR A USE PERMIT THE NEW HANOVER COUNTY ZONING TO CONSTRUCT A 275-FOOT ORDINANCE LATTICE TELECOMMUNICATIONS ANTENNAE SUPPORT STRUCTURE ON A PARCEL LOCATED IN THE RA DISTRICT Y I. STATEMENT OF APPLICATION Cingular Wireless Services ("Cingular"), pursuant to the requirements set forth in the New Hanover County Zoning Ordinance ("Ordinance"), files this Application to construct a 275' lattice telecommunications antennae and support structure according to the specifications of Cingular and other wireless telecommunications service providers so that they may provide wireless telecommunications services to the citizens of New Hanover County under their licenses issued by the Federal Communications Commission. II. j BACKGROUND Modern wireless communications include far more than cellular and digital phone networks. Today, wireless communications include voice, advanced messaging, and data communications. The Federal Communications Commission (FCC) uses the term "broadband PCS" to describe mobile telephone services and high speed data services (such as wireless modems used in conjunction with personal computers), and the term "narrowband PCS" to describe advanced two-way messaging and lower speed Cdata services. RALUBOI 598082.1 0 ceThe convenience, safety and efficiency benefits achieved through digital phones, pagers, and other wireless communications services have created a tremendous demand for these and other burgeoning services. It is projected that, within the next decade, fully two-thirds of the American population will utilize a wireless phone or pager to communicate on a daily basis. The FCC has designated and auctioned a limited number of radio spectra for wireless communication providers to deliver wireless communications services across the United States. Cingular holds one of those licenses. Increasingly, Cingular and other wireless communication licensees are competing with existing telecommunication services, giving consumers more flexibility and lower prices. The FCC's grant of wireless licenses comes with a mandate that the licensees substantially complete construction of their respective communication systems expeditiously. To complete their systems, licensees must develop an infrastructure—or system—of strategically placed, low-powered antennae. Because these antennae operate on a "line-of-sight" basis, each antenna covers a limited geographic area. The antennae are therefore placed in such a way as to provide "contiguous coverage" throughout a given region. In locating a site upon which to locate a telecommunications antenna and support structure, Cingular assesses its needs, as well as those of other licensed wireless service providers, and attempts to locate a facility site that accommodates its own requirements, as well as those of as many other (w, providers as possible. The proposed support structure has been strategically located to meet the coverage needs of Cingular, as well as other wireless service providers who currently have a gap in coverage in the area. III. PROJECT DESCRIPTION To provide continuous coverage of wireless communications services in New Hanover County, Cingular respectfully requests a Special Use Permit to develop a telecommunications facility to be located on a leased parcel of land located off of y, Northeast Avenue in New Hanover County. The parcel is zoned RA. The project area is 100.0 square feet. The proposed tower is a 275-foot lattice structure with a compound to include a small equipment cabinet for each collocating service provider to be situated at the base of the tower on concrete pads, The tower and the compound will have room to accommodate the antennae and equipment of at least four wireless service providers. The tower will have a generator pad located within the compound. The 75' X 75' tower compound will be secured by a 6' high chain link fence with a 12" section of barbed wire at the top. The fence will have a 12' wide double chain link gate and will be surrounded by a 25' buffer including a 79' X 79' gravel surface and 18' of vegetation. Silt fencing will surround the entire compound. The proposed co, tower will comply with all FAA regulations as well as all of the applicable regulations set forth in the New Hanover County Ordinance. The development parcel is situated g9 RALLIB01 598082.1 (pi on property that is 18.90 acres in size. The site provides for a 12' gravel access drive, upon a 20-foot wide access and utility easement, ample parking for infrequent visits by service vehicles, and controlled traffic movement. In short, this site is an ideal location for a base station facility to provide Cingular's wireless telecommunications services to a currently unserved portion of New Hanover County. IV. STATEMENT OF NECESSITY Mobile wireless telecommunications systems, by definition, are not connected to the existing "land-line" telephone system of wires. Instead, the voice and data signals travel through the air to receiving and transmitting antennae. The antennae must be at a height sufficient to simultaneously provide coverage for users in the surrounding territory as well as "hand off" calls as users travel from one coverage area to the next. In unserved areas, or where an antenna's capacity has been reached, calls are either "dropped" when a caller enters such areas from areas with coverage or cannot be made from such an area. Where such capacity problems arise or where gaps in a carrier's coverage exist, the carrier issues a search ring within which well-placed antennae would fill the gap or resolve the capacity problem. Within the search ring, several alternatives—including existing structures—are evaluated. Each alternative is considered by a team of engineers and other specialists who select the best location. Considerations in selecting a site include the size of the tract of land, the absence of ceother buildings nearby, zoning requirements, elevation, topography, accessibility, natural visual buffers, and proximity to current and prospective users. Cingular has identified the need for a wireless facility to meet its capacity and coverage needs in New Hanover County. Based upon an exhaustive analysis of all available locations and existing structures within the search ring and beyond, the proposed site was determined to be the very best location to provide Cingular subscribers with optimal coverage, based upon all of the factors discussed above. The proposed facility is designed to cover significant portions of currently unserved portions of New Hanover County, including a portion of Interstate 40 and U. S. Highway 117, as well as the interstitial roadways, residences and businesses in the area surrounding the proposed facility. V. STATEMENT OF COMPLIANCE WITH THE ORDINANCE In support of this application, Cingular respectfully submits the following information as well as the attached application and site plans, which, taken together, establish that this proposal meets all applicable requirements of the New Hanover County Ordinance. While the proposed use is a permitted use in the RA district, the (10' Applicant will address the requirements applicable to Special Uses as well, in order to assist the Board of Adjustment in its review. RALLIB01 598082.1 I ti A. General Standards—Ordinance § 71-1 General Standard 1, Ordinance § 71-1(3)(A): The first general standard requires "[t]hat the use will not materially endanger the public health or safety if located where proposed and approved." Ordinance § 71-1(3)(A) The proposed lattice telecommunications support structure is located, designed and proposed to be operated so as not to materially endanger the public safety. The proposed use will have virtually no impact on the provision of services and utilities; it will not require any water, sewer, or garbage collection services at all. The proposed facility will have virtually no impact on soil erosion or sedimentation. Finally, the proposed use will have virtually no impact on the protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater. Thus, the proposed development will not materially endanger the public safety. To the contrary, the proposed use will enhance public safety. Wireless telecommunications services provide an alternative method of communication, which has proven crucial in times where the traditional, land-line communications systems are either inaccessible (e.g., when one's car breaks down while traveling) or are downed by extreme winds and weather. Wireless facilities have consistently provided the only means of communication with family and emergency personnel in times of flood, high winds and other extreme conditions. In addition, these support structures have enabled (I, numerous local governments to enhance their own emergency communications systems via collocation of their transmitting equipment. Finally, all of the applicable regulations and requirements applicable to the proposed use have been met and exceeded to ensure that the proposed use will have no adverse effect whatsoever on the public health or safety. Thus, the proposed use will serve to enhance the public health and safety. General Standard 2, Ordinance § 71-1(3)(B): The second general standard requires "[t]hat the use meets all required conditions and specifications." Ordinance § 71-1(3)(B) The proposed telecommunications facility will be consistent with the Supplementary Requirements of the New Hanover Zoning Ordinance set forth in Section 69:17 of the Ordinance. Each supplementary requirement will be addressed herein. The proposed use also meets all of the General Standards set forth in Section 71 of the New Hanover County Ordinance and applicable to all Special Uses within New Hanover County's zoning jurisdiction. This Project Narrative is devoted to demonstrating that the proposed use meets all applicable regulations and standards. General Standard 3, Ordinance § 71-1(3)(C): The third general standard requires "[t]hat the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity." Ordinance § 71-1(3)(C) While Cingular believes that the proposed use is a public necessity, given the federal requirement that its licensees develop their network of base stations expeditiously and RAW8101 598082.1 1 • its attendant requirement that local governments allow licensees to do so, the proposed use will not substantially injure the value of adjoining property. Numerous studies, including one commissioned by the Board of Adjustment of Cumberland County, North Carolina, have demonstrated that similar towers do not substantially injure the value of neighboring or nearby land. The proposed tower will be situated on a large parcel of land-18.90 acres in size—and will be well screened to minimize its visibility from neighboring parcels. For further support on this point, the applicant will provide testimony and documentary evidence at the hearing on this application demonstrating that the proposed use will not substantially injure the value of adjoining property. General Standard 4, Ordinance § 71-1(3)(D): The fourth general standard requires "[t]hat 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 plan of development for New Hanover County." Ordinance § 71-1(3)(D) The location and character of the proposed use will be in harmony with the area in which it is located. Because the proposed use is listed as a permitted special use in the zoning district in which the parcel at issue is located, the framers of the New Hanover County Ordinance have made the legislative determination that the proposed use is in harmony with other permitted uses in the area Further, the proposed facility will be visually buffered by existing, dense woods, and, as such, will not be visually obtrusive. The proposed facility will not be lit, pursuant to current FCC regulations and guidelines, nor will it emit any noise or glare. Therefore, the (600. proposed development will be in harmony with the area in which it is located. B. Supplementary Standards for "Telecommunication Communication Facilities, Cellular and Related Towers"over 150 Feet—Ordinance §69.17 Pursuant to the instructions of the Planning Staff, the remainder of this Project Narrative will quote, verbatim, the applicable provisions of the New Hanover County Zoning Ordinance, and, immediately below each provision, demonstrate the manner in which the proposed use satisfies each requirement. §69.17: Telecommunication Communication Facilities, Cellular and Related Towers These facilities may be located by right in the I-1 and I-2 Districts and by special use permit in all other zoning districts. In addition, these facilities shall be subject to the following: A. Any tower, antenna or related structure in non-residential districts shall set back from any residential dwelling a distance equal to the height of the tower as measured from the base of the tower. f p Because the proposed tower site is located in an RA district, this provision does not apply. RAWBOI 598082.1 qi 9 il cipi B. All towers, antenna or related structures locating in residential districts shall be located a distance equal to the height of the tower from any residential dwelling as measured from the base of the tower. In no case shall a tower, antenna or related structure be located closer than 50 feet from any residential property line. The site plans demonstrate that the proposed use is designed to meet the foregoing requirements and the tower shall not be located closer than 50 feet from any residential property line. C. A landscaped buffer pursuant to the minimum requirements of this Ordinance. The site plans submitted with this application demonstrate that a forested area with a depth of up to 30 feet and an 18' landscape buffer of Burford Holly and Wax Myrtle Buffer will be provided and maintained throughout the life of this proposed use. For further information relating to the buffer surrounding this site, please see the accompanying site plans. D. All applicants seeking approval for the construction of any new towers, antennas, and related structures that require special use permit approval shall submit written evidence to demonstrate that collocation on any existing tower, antenna or usable structure in the search area for the new tower is not reasonable or possible. Coi Documentation that there is no suitable existing facility within the coverage area available to the applicant will be provided to the Board of Adjustment prior to the hearing on this application. E. All towers shall be constructed to accommodate collocation. Towers over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Towers 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. Documentation that the tower has sufficient structural integrity to accommodate a minimum of two additional providers has been provided within the accompanying site plans. The owner intends to allow shared use of the tower for up to three additional users, beyond Cingular. F. All applicants seeking approval shall also submit a written affidavit that the construction or placement of such structures meets the provisions of the Telecommunications Act of 1996, the National Environment Policy Act of 1969, FCC Rules Sections 1.1311, 1.1312, 1.1307 and all other applicable federal, state ' and local laws. RAwBOI 598082.1 T f 4 Y : . Affidavit of Robert C. Ekstrand, on behalf of Kilpatrick (fAn and Stockton LLP, Attorneys at Law, and Agent of the Applicant, is included in the materials being filed with this application. G. Any tower and associated equipment which was lawfully constructed under the 3 terms of the Ordinance which is now considered a nonconforming improvement, may continue or be reconstructed as a conforming improvement even though the tower and associated equipment may not conform with the provisions of this Ordinance for the district in which it is located. Towers and associated equipment may only be enlarged and/or relocated if the enlarged or relocated tower eliminates the need for an additional tower, provides additional collocation opportunities on the tower, or provides additional antenna space on the tower; and provided further that the enlargement and/or relocation shall be in conformance with the following regulations and design limitations: 1. Tower height may not be increased by more than 15% of the originally constructed tower height. Increases in height greater than 15% will require a variance from the Board of Adjustment. 2. A tower shall be allowed to be reconstructed and relocated within the (00, boundaries of the property on which it is located so long as the decrease in the setback does not exceed 15% of the originally constructed tower height and the relocated tower is sited to minimize any increase in the existing nonconformity. Any request to reconstruct and relocate the tower where the resulting decrease in setback exceeds 15% of the originally constructed tower height shall require a variance from the Board of Adjustment. Applicant if filing a Special Use Application for the construction of a new tower and therefore Subsection G.1 and 2 are not applicable to this petition for approval of special use. } RALU80I 598082.1 a VI. CONCLUSION This proposed telecommunications facility will be an integral part of Cingular's and other wireless carriers' personal wireless telecommunications systems, bringing wireless digital services to the citizens of New Hanover County. At all times, Cingular and its agents will cooperate with New Hanover County in every way possible in the permitting, construction, and operation of this proposed facility. Respectfully submitted on this, the 5th day of April, 2001. CINGULAR WIRELESS & CROWN CASTLE ATLANTIC, LLC By. _CSR Robert C. Ekstrand } KILPATRICK STOCKTON, LLC 3737 Glenwood Avenue, Suite 400 Raleigh, North Carolina 27612 Phone:919/788-1856 Fax: 919/420-1900 _ i y 3 5 RALLIBOI 598082.1 i Acod Version : R15.0 Dote\Time : Mon, 02 Apr 2001 — 3:21pm User Nome : gmayembo Path\Name : G:\TIr\Crown\478-065\Zng\065A-11.dwg t P Rig UR I t ? ? ia. 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I vt PIP-- 4 4tiA' , CE i 1 1 ■,.._ tifte3,014 'WI .4/11 III raimi , , Arditlit _ RA''' lot 1 III 11:11114.&„11111 1111"11111ft,.__ 6 ---..,... -r---k q . ............, angular WIRELESS Re: Proposed Wireless Telecommunications Facility (Cingular 478-065A) Northeast Avenue in New Hanover County Case Number: S477, 05/01 To Whom It May Concern: Cingular Wireless has identified a need for an additional antenna array to eliminate significant coverage gaps along Interstate 40, SR1002, Highway 132, Highway 117, and Highway 421; all in the vicinity of Castle Hayne. In addition, Cingular has identified a need to improve its "in-building" coverage in and around the town of Castle Hayne. In this letter, I would like to explain how the above-referenced proposed facility will meet the foregoing coverage needs, and, in addition, why collocating on the existing Alltel site will not meet Cingular's needs. As the attached radio-frequency propagation plots show, the proposed facility will meet all of the coverage objectives noted above, and, in addition, will yield the improved "in-building"coverage in and around Castle Hayne that Cingular requires. By contrast, collocating Cingular's antennas on the existing Alltel site, at the height now available, would not remedy the coverage problems that Cingular is currently experiencing. Specifically, collocating on the Alltel site would leave significant gaps along the major highway corridors that Cingular seeks to cover, including significant portions of SR1002, Highway 117, Highway 132 and Highway Cof421. In addition, the improved "in-building" coverage that Cingular is seeking for Castle Hayne would not be obtained by collocating Cingular antennas on the Alltel site. For all of the foregoing reasons, Cingular cannot meet its coverage objectives by collocation alone. In other words, even if Cingular were to collocate on the existing Alltel site, Cingular would still require a new facility to support additional antennas to meet its coverage needs in this portion of New Hanover County. Sincerely, Terry Long Radio Frequency Design Engineer RALLIBOL 602784.1 Cingular Wireless • 1130 Situs Court • Suite 100 • Raleigh, NC 27606 4 I l 1 COUNTY OF NEW HANOVER ' STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT S-479,08/01 Single Wide Mobile Home In an R-20 Residential Zoning District 1 The County Commissioners for New Hanover County having held a public hearing on 1 j Monday, August 6, 2001 to consider application number S-479 submitted by Sandra Kingrey, a i request for a special use permit to permit a single-wide Mobile Home at 2321 Castle Hayne Road in Castle Hayne and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1(3) of the County Zoning Ordinance WILL NOT be satisfied if the property is 1 developed in accordance with the plans submitted to the County Commissioners. 2. It is the County ty Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the I fourth general requirement listed in the Ordinance; namely 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 plan of development for New 1 Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i A. Although there are other residential homes nearby, there are NO other singlewides or similar type housing in the area.. B. This use is not in harmony with the established church facilities to the south. 3. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE NOT been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE DENIED: Ordered this 6th day of August 2001. .0,"117-1,... 6 - ed Davis, Jr. irman Attest: 4e;*•:..:4,1.• 0, lerk to the Board 1 t 1 1 1 I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For an Expansion to an Electrical Sub-Station in an R-15 District S-478,07/01 1 11 I The County Commissioners for New Hanover County having held a public hearing on Monday,Augist 6, 2001 to consider application number S-478 submitted by Carolina Power and Light, a special use permit i request to expand an existing electrical sub-station in an R-15 Residential District located at 4600 Blue Clay Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72.27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans 1 1 submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this P conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is served by the Castle Hayne VFD 1 B. An electrical substation has existed in this location since the 1950's. 4 C. Area to be fenced with controlled access. i 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-15 Residential. Electrical Sub-stations are permitted 1 by Special use Permit in the R-15 zoning district. B. The property falls within the I-40 Special Highway Overlay District. However, utilities are exempt from the SHOD restrictions. C. The proposed improvements meet the required setbacks of the R-15 district. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general 1 requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property,or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The project area is approximately 9.34 acres located in the upper north side of the 46-acre CP&L property. The proposed disturbance associated with construction of the new facility is 3.5 acres. B. The existing sub-station is 170'X140' or approximately % an acre. The I proposed expansion will be approximately 200'X235' or approximately 1.0 acre. 1 C. No evidence has been presented that indicates that this expansion would decrease property values. D. As a result of the growth in this region, demand for electric services has increased. Providing electric service to the region is a public necessity. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance;namely 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 plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 A. The subject property is located in the Resource Protection Land Classification. The petitioner has stated that there will be no disturbance 1 I i 1 4 1 r of Threatened and Endangered Species habitat and minimal wetland disturbance. r B. A professional environmental service has conducted a review of the site 1 characteristics and has identified two wetland areas and one area that 4 potentially provides the required habitat for two threatened or endangered r herbal species. Although further review of the site will be necessary to confirm the existence of any threatened or endangered species, the petitioner a indicates that these threatened and endangered species areas will not be disturbed. C. Although there are some residential homes nearby, this area of the county continues to have a rural character. 6. Therefore,because the County Commissioners conclude that all of the general and specificconditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific 1 1 requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held 1 1 invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. 1 i C. Other: 1. All other applicable federal, state and local laws. 1 2. Provide one row of Wax Myrtle along the right of way behind the proposed 'I crepe myrtles in front of the proposed expansion area. 3. Buffering in accordance with section 67 of the Zoning Ordinance i s shall be provided to screen the temporary utility pole stockpile I area. i Ordered this 6th g a of August 2001. ,•!'1∎171,*lik‘P:.8.) rd. /Oa fla•• �� Ted Davis, Jr., Ch • man J��r. ' Attest: 1# • Cl• k to the Board AL I 1 s 1 1 i a 5 k A I County of New Hanover C State of North Carolina Order Granting A Special Use Permit Single Wide Mobile Home S-480, 11/01 The County Commissioners for New Hanover County having held a public hearing on November 5, 2001 to consider application number S-480 submitted by the Monte Adcox, a request for a special use permit for property located at 1812 Oakley Road in the Wrightsboro Community and having heard all of the evidence and arguments presented at the hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in 1 Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with plans submitted to the County Commissioners. 1 2. It is the County Commissioner's CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the County Commissioners make the 1 following FINDINGS OF FACT: t t t A. The single wide mobile home site will be located on approximately 5.20 acres.Presently, t no existing structures are located on site. The mobile home will be located in the southeastern portion of the tract. I 4 B. The mobile home is to be served by individual well and septic tank. i C. Access to the site will be from a 15 foot access road to Oakley Road(SR1329). 1 D. The area is served by the Wrightsboro Fire Department. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance;namely that the use meets all required conditions and 1 specifications. In support of this conclusion,the Commissioners make the following FINDINGS t OF FACT: 1 k A. The site is located in a R-20 Residential Zoning District. B. Minimum setbacks shall be met. 1 4 I C. No conservation resources are located where the mobile home is intended to be placed. 3 D. The mobile home is not located within the 100 year flood plain. 1 { 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of the adjoining or abutting property,or that the use is a public necessity. In support of this conclusion,the Commissioners, make the following FINDINGS OF FACT: i A. The site is located adjacent to a mobile home park along with other mobile homes nearby. P Several residential homes also exist nearby. B. The site is located on high ground in an open field and is screened on two sides. f i 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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 plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Classification Plan identifies this area as Resource Protection. This class provides for the preservation and protection of important natural,historic, scenic,wildlife and recreational resources. B. No evidence has been presented that this mobile home will significantly lower the value of nearby residential property. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the applications for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions. A. That the applicant shall fully comply with all the specific requirements stated in the Ordinance for the proposed use,as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction,this permit shall become void and of no effect. C. Other : 1. All other applicable federal, state, and local laws. 33 Ordered this 5th day of November 4,1,1)11A.A, /./6( .40 � -0k Ted Davis, Jr., Chairman NOR) gyp' Attest: Clerk to the Board i