Halyburton Park Digital CopyHTLLMAN Ynres & TISDALE
ATTT]RNEYS AND COUNSELBRs¡ AT LAW
JONATHAN L. YATES
DTRECT VOICE A43 414-9754
J LY@H ELLMANYATES. coM
HELLMAN YATES & TISDALE, PA
I05 BROAD STREET, THIRÞ FLOOR
CHARLESToN, SoUTH CARoLINA 294C)I
v 443 266-9099
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May 4, zorS
VIA FBDERAL EXPRE,SS
Ben Andrea,CZA, AICP
Current Planning &, Zoning Supervisor
Planning & Inspections- Planning &. Zoning
New Hanover County
230 Government Center Drive, Suite 110
Wilmington, NC 28403
(910) 7e8-7s7r
Re: Proposed 140-foot monopole-style wireless communications facility to be located
off of Halyburton Memorial Parkway, Wilmington, NC 28412 by Milestone
Communications.
Dear Ben,
We are pleased to present this application on behalf of Milestone Communications for a
proposed 14O-foot monopole-style wireless communications facility to be located off of
Halyburton Memorial Parkway, Wilmington, NC 28412. The underlying property is owned by
New Hanover County and is designated as New Hanover County tax map # R08100-006-026-
000. The property is zoned R-15,
The facility is desperately needed in order to provide adequate voice and advanced data coverage
and capacity to the surrounding area. We have taken the liberty of recasting the relevant sections
of the New Hanover County Zoning Ordinance below with our response to the relevant section
in bold. As you will see from the following, all of the New Hanover County requirements have
been met.
Section 63.5-1: Telecommunication Communication Facilities, Cellular and Related
Towers
These f¿cilities 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) Except for amateur radio antenna up to 90 feet, any tower, antenna or related structure in
any zoning district shall set back from any existing residential property line or residential
May 4, zorS
Page z
zoning district boundary a distance equal to the height of the tower as measured from the
base of the tower. In no case shall the setback for any tower, antenna or related structure be
less than 50 feet.
As shown on Sheet Vl of the Site Plans and Drawings, attached hereto as Exhibit "l"
and incorporated herein by reference, the proposed wireless telecommunications
facility is more than 421feet from any residential zoning district, and at least 50 feet
from all property lies, thereby complying with this requirements. Furthermore, the fall
zone for the proposed monopole-style communications tower has been certified at less
than 140 feet, as shown in the ANSU Fall Zone Certification by North Carolina
Professional Engineer Keith J. Tindall' attached hereto as Exhibit oo7"
^ndincorporated herein by reference.
(B) Where Special Use Permits are required, all of the following standards shall be applied, and
all requirements must be met. Additional conditions may be determined to be necessary to
mitigate negative impacts, and the permit should be approved only if all negative impacts
can be mitigated. No reductions in setbacks may be granted for this use under Section 62.1-
4 of this ordinance.
The minimum distance between the tower and any other adjoining parcel of land or
road must be equal to the minimum setback described above, plus any additional
distance necessary to ensure that the tower, as designed, will fall within the tower site
The fall zone for the proposed monopole-style wireless communications tower has
been certified at less than 140 feet, as shown in Exhibit "7", thus fully contained
on the New Hanover County property.
The applicant shall provide simulated photographic evidence of the proposed
appearance of the tower from four (4) vantage points and a statement as to the
potential visual and aesthetic impacts on all adjacent residential zoning districts. The
simulation shall include overall height; configuration; physical location; mass and
scale; materials and color (including proposals for stealth structures); and illumination.
Photo simulations for the proposed monopole-style communications facility are
attached hereto as Exhibit "S" and incorporated herein by reference.
Concealed (stealth) or camouflaged facilities are encouraged when the method of
concealment is appropriate to the proposed location. Auached stealth facilities may
include but are not limited to: painted antenna and feed lines to match the color of a
building or structure, faux windows, dormers, or other architectural features that blend
with an existing or proposed building or structure. Freestanding stealth facilities
typically have a secondary, obvious function such as church steeple, windmill, silo,
light standard, flagpole, bell/clock tower, water tower, or tree.
There is no appropriate method of concealment for this facility on the New
Hanover County property. We are deploying the monopole deign, as it has been
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2.
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May4, zorS
Page 3
found to be the most innocuous and visibly-pleasing to the surrounding area by
the United States Fish and Wildlife Service,
4. The proposed appearance of concealed or non-concealed facilities shall be evaluated
for compatibility with the surrounding community prior to submission of the special
use application. Applicants shall meet with Planning and Land Use staff for a
preliminary review of proposed appearance in order to assure each facility will
impose the least obtrusive visual impact.
The Applicants accept and acknowledge this provision.
(C) A landscaped buffer with a base width not less than21 feet and providing 100% opacity
shall be required within the tower site to screen the exterior of protective fencing or walls. The
base of the tower and each guy wire anchor must be surrounded by a fence or wall not less
than 8 feet in height.
As shown on Sheet 22 of Exhibit'01", the proposed facility will be enclosed by an eight-foot
chain-linked fence with a green-slat privacy screen. Also, as shown on Sheet 7ß of
Exhibit 'ol"rtb,e proposed facility will have a 25' landscape buffer consisting of 34 Nellie
R. Stevens Holly's which will be at least 6-feet high at time of planting.
(D) All applicants seeking approval for the construction of any new towers, antennas, and
related structures shall submit written evidence in the form of a report 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. Technical data in the report shall include certification by
a Registered Professional Engineer licensed in the State of North Carolina or other qualihed
professional, whose qualifications shall be included, regarding service gaps or service
expansions that are addressed by the proposed telecommunication tower and accompanying
maps and calculations demonstrating the need for the proposed tower. A map showing the
search ring and an inventory of all structures investigated for co-location shall be included as
well as a radio frequency analysis indicating the coverage of existing wireless
communications sites, coverage prediction, and design radius, together with a certification
from the applicant's radio frequency (RF) engineer that the proposed network design is
intended to improve coverage or capacity potential or reduce interference and the proposed
facility cannot be achieved by any higher ranked altemative such as a concealed (stealth)
facility, attached facility, replacement facility, co-location, or new antenna support structure.
Please see the letter by Zlatko Bibic of Verizon \ilireless and Coverage Analysis, which are
attached hereto as Exhibit oo9" and incorporated herein by reference.
(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.
As shown of Sheet 22 of F,x}nibit "l", the proposed facility has been designed for Verizon
Wireless and at least four (4) other wireless carrierso thereby complying with this
requirement.
May 4, zorS
Page 4
(F) All applicants seeking approval shall also submit a written affidavit from a qualified person
or persons, including evidence of their qualifications, certiffing that 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, l.l3l2,1.1307
and all other applicable federal, state and local laws. The statement must certifr that radio
frequency emissions from the antenna anay(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. In
accordance with NCGS I53A-349.52(a),the County cannot base its permitting decision on
public safety implications of radio frequency emissions of wireless facilities.
Please see the NEPA and FCC Standards Compliance Letter by Jason Los' of EBI
Consulting, attached hereto as Exhibit o'11" and incorporated herein by reference.
(G) Any tower and associated equipment which was lawfully constructed under the terms of the
Ordinance, which is now considered a nonconforming improvement, may continue or be
reconstructed as a conforming improvement even through 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 l5o/o of the originally
constructed tower height. Increases in height greater than 15o/o will require a
variance from the Board of Adjustment.
2. A tower shall be allowed to be reconstructed and relocated within the 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. (814197)
This provision is not applicable, as this is an application for a new tower.
(H) Cellular and PCS antennas attached to existing structures shall not add more than six feet to
the overall height ofa structure. (10/02)
This provision is not applicable, as this is an application for a new tower.
(I) Signage:
1. Attaching commercial messages for off-site or on-site advertising shall be prohibited.
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May 4, zorS
Page 5
2 The only signage that is permitted upon a tower, antenna support structure, equipment
cabinet, or fence shall be informational, and for the pulpose of identiffing (1) the antenna
support structure (such as ASR registration number); (2) the party responsible for the
operation and maintenance of the facility; (3) its current address and telephone number;
(4) security or safety signs; (5) properfy manager signs for the tower (if applicable); and
(6) signage appropriate to warn the general public as to the use of the facility for
radi ofrequency transmissions.
Milestone Communications and all other users of the proposed communications
facility will only place the federally-required site identification and emergency
signage on the proposed facility, as shown on Sheet 24 of Exhibit "1,'.
(J) Equipment Compound
l. Shall not be used for the storage of any equipment or hazardous waste (e.g., discarded
batteries) or materials not needed for the operation. No outdoor storage yards shall be
allowed in a tower equipment compound.
The Applicants accept and acknowledge this provision.
2. Shall not be used as habitable space
The Applicants accept and acknowledge this provision.
(K) Outside Experts and Disputes
1. Siting of telecommunications facilities may involve complex technical issues that require
review and input by outside experts. Staff may require the applicant to pay the reasonable
costs of a third-party technical study of a proposed facility. Selection of expert(s) to
review the proposal shall be at the sole discretion of the decision-making body.
The Applicants accept and acknowledge this provision.
2.If anapplicant for a telecommunications facility claims that one (l) or more standards of
this Ordinance are inconsistent with federal law as applied to a particular property, or
would prohibit the effective provision of wireless communications within the relevant
market area, the decision-making body may require that the application be reviewed by a
qualified engineer for a determination of the accuracy of such claims. Any costs shall be
charged to the applicant.
The Applicants accept and acknowledge this provision.
(L) The applicant shall submit Form 7460 to the Federal Aviation Administration (FAA) to
assure compliance with all FAA standards and to resolve issues of concem, including
required lighting, possible transmission interference or other conflicts when the proposed
tower site is located within ten thousand (10,000) feet of an airport or within any runway
approach zone.
May 4, zorS
Page 6
Please see the FAA Filing & Letter of Ken Patterson of Ken Patterson Airspace
Consultingo Inc., attached hereto as Exhibit'010" and incorporated herein by
reference.
In addition, we have also enclosed the following documents:
1. Copy of Current Tax Map, attached hereto as Exhibit "2" artd incorporated herein by
reference;2. Site Survey, attached hereto as Exhibit "3" and incorporated herein by reference;
3. Adjacent Property Owners and Uses, attached hereto as Exhibit "4" aîd incorporated
herein by reference;4. Traffic Impact Worksheet, attached hereto as Exhibit'05" and incorporated herein by
reference;
5. Authority for Appointment of Agent, attached hereto as Exhibit o'6" and incorporated
herein by reference; and
Once you have a chance to review the enclosed documents, please let us know if there are any
outstanding materials or fees needed for this submittal. I can be reached at 843-414-9756.
We would respectfully request that this application be placed on the Planning Board's Agenda
for their June 7, 2018 meeting.
Thank you so much for taking a look and for all your help with this.
With warmest regards,I am
Yours very truly,
J L/'
Jonathan L.
JLY:jlc
Enclosures
Index to Exhibits
1.) Site Plans & Drawings;
2.) Copy of Current Tax Map;
3.) Site Survey;
4.) Adjacent Property Owners and Uses;
5.) Traffic Impact Worksheet;
6.) Authority for Appointment of Agent;
7.) ANSI/ Fall Zone letter;
8.) Photo Simulations;
9.) Carrier Coverage Analysis and Search Ring;
10.) FAA Filing & Letter of Ken Patterson Airspace Consulting, Inc.; and
11.) Compliance Letter by Jason Los of EBI Consulting.
Exhibit 1
Subject Property Photos
SITE SURVEY
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NC FIRM LICENSE NUMBER: C - 2484
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NC FIRM LICENSE NUMBER: C - 2484
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NC FIRM LICENSE NUMBER: C - 2484
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Exhibit 2
Site Plans and Drawings
Exhibit 3
Coordination Letters
SITE SURVEY
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Exhibit 4
Conceptual Drawings
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NC FIRM LICENSE NUMBER: C - 2484
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SITE SURVEY
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NC FIRM LICENSE NUMBER: C - 2484
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Exhibit 5
Memorandum of Community
Meeting
Exhibit 6
Site Aerial
Exhibit 7
Visual Impact &
Photo Simulations
April 26, 2018
Chris Harold
Milestone Communications
12110 Sunset Hill Road, Suite 100
Reston, VA 20190
RE: Proposed 140’ (extendible to 150’) Monopole for Halyburton Park, NC (Sabre #18-7045-JDS)
Dear Chris,
As shown in our Structural Design Report #18-7045-JDS dated April 24, 2018, the above
referenced monopole has been designed for a Basic Wind Speed of 115 mph (148 mph ultimate)
with no ice and 30 mph with 1/4” radial ice, Structure Class II, Exposure Category C and
Topographic Category 1 in accordance with the Telecommunications Industry Association
Standard ANSI/TIA-222-G, “Structural Standard for Antenna Supporting Structures and Antennas”.
When designed according to this standard, the wind pressures and steel strength capacities include
several safety factors, resulting in an overall minimum safety factor of 25%. Therefore, it is highly
unlikely that the monopole will fail structurally in a wind event where the design wind speed is
exceeded within the range of the built-in safety factors.
Should the wind speed increase beyond the capacity of the built-in safety factors, to the point of
failure of one or more structural elements, the most likely location of the failure would be within one of
the upper sections of the monopole shaft. Assuming that the wind pressure profile is similar to that
used to design the monopole, the monopole will buckle at the location of the highest combined stress
ratio within one of the upper sections. This is likely to result in the portion of the monopole above
leaning over and remaining in a permanently deformed condition. Please note that this letter only
applies to the above referenced monopole designed and manufactured by Sabre Towers &
Poles. The fall radius for the monopole design described above is less than 140 feet.
Sincerely,
Keith J. Tindall, P.E.
Vice President of Engineering
Exhibit 8
Search Ring
HALYBURTON PARK SITE 146FT. BALLOON TEST SITE PHOTOGRAPHY MAP
Site
Photograph
Site
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2
3
4
5
146ft. Balloon Test
HALYBURTON PARKHalyburton Memorial Pkwy, Wilmington, NC 28412146ft. MONOPOLESIMULATION
View #1 from park propertyapproximately 960ft. northwest of site
146ft. Balloon Test
HALYBURTON PARKHalyburton Memorial Pkwy, Wilmington, NC 28412146ft. MONOPOLESIMULATION
View #2 from park propertyapproximately 785ft. north of site
146ft. Balloon Test
HALYBURTON PARKHalyburton Memorial Pkwy, Wilmington, NC 28412146ft. MONOPOLESIMULATION
View #3 from high school carpool laneapproximately 1,550ft. west of site
146ft. Balloon Test
HALYBURTON PARKHalyburton Memorial Pkwy, Wilmington, NC 28412146ft. MONOPOLESIMULATION
View #4 from Burroughs Driveapproximately 585ft. south of site
146ft. Balloon Test
HALYBURTON PARKHalyburton Memorial Pkwy, Wilmington, NC 28412146ft. MONOPOLESIMULATION
View #5 from Sago Bay Driveapprox. 990ft. east-northeast of site
Exhibit 9
South Carolina Historical &
Architectural Survey
Benjamin Andrea
Current Planning and Zoning Supervisor
230 Government Center Drive, Suite 110
Wilmington NC 28403
Verizon has 2 existing sites that surround the proposed new site “Eugene Ashley”. Those sites are:
Penders Point , located at 6124 Carolina Beach Road, Wilmington, NC 28412
Pilots Ridge, located at 6736 Carolina Beach Road, Wilmington, NC 28412
We are experiencing capacity issues at both of these 2 sites, and the Eugene Ashley site is needed to
offload traffic from both of them. On the top of that it will provide an excellent coverage for the Eugene
Ashley High School.
Verizon RF Engineer
Zlatko Bibic
Exhibit 10
Wetlands & Waters Letter
« OE/AAA
Add a new Case Off Airport - Desk Reference Guide V_2017.4.0
Add a New Case Off Airport for Wind Turbines - Met Towers - Desk Reference Guide V_2017.4.0
Notice of Proposed Construction or Alteration - Off Airport
Project Name:MILES-000465416-18 Sponsor:Milestone Communications
Details for Case : Halyburton Park
Show Project Summary
Case Status
ASN:2018-ASO-8415-OE
Status:Accepted
Public Comments:None
Date Accepted:04/25/2018
Date Determined:
Letters:None
Documents:04/25/2018 HALYBURTON PARK -...
Project Documents:None
Construction / Alteration Information Structure Summary
Notice Of:Construction
Duration:Permanent
if Temporary :Months: Days:
Work Schedule - Start:
Work Schedule - End:
*For temporary cranes-Does the permanent structure require separate notice to the FAA?To find out, use the Notice Criteria Tool. If separate notice is required, please ensure it is filed.If it is not filed, please state the reason in the Description of Proposal.
State Filing:
Structure Type:Antenna Tower
Structure Name:Halyburton Park
FDC NOTAM:
NOTAM Number:
FCC Number:
Prior ASN:
Structure Details Proposed Frequency Bands
Latitude:34° 5' 56.84'' N
Longitude:77° 54' 20.55'' W
Horizontal Datum:NAD83
Site Elevation (SE):24 (nearest foot) PASSED
Structure Height (AGL):146 (nearest foot)
Current Height (AGL): * For notice of alteration or existing provide the currentAGL height of the existing structure. Include details in the Description of Proposal
(nearest foot)
Minimum Operating Height (AGL): * For aeronautical study of a crane or construction equipment the maximum height should be listed above as the Structure Height (AGL). Additionally, provide the minimumoperating height to avoid delays if impacts are identified thatrequire negotiation to a reduced height. If the Structure Height and minimum operating height are the same enter the same value in both fields.
(nearest foot)
Requested Marking/Lighting:None
Other :
Recommended Marking/Lighting:
Current Marking/Lighting:N/A Proposed Structure
Other :
Nearest City:Wilmington
Nearest State:North Carolina
Description of Location:On the Project Summary page upload any certified survey.520' North of the jeep trail.
Description of Proposal:Proposed tower
Select any combination of the applicable frequencies/powers identified in the Colo
Void Clause Coalition, Antenna System Co-Location, Voluntary Best Practices, effective 21 Nov 2007, to be evaluated by the FAA with your filing. If not within one of the frequency bands listed below, manually input your proposed frequency(ies)
and power using the Add Specific Frequency link.
Add Specific Frequency
Low FreqHigh FreqFreq UnitERPERP Unit67GHz55dBW67GHz42dBW1011.7GHz55dBW1011.7GHz42dBW17.719.7GHz55dBW17.719.7GHz42dBW21.223.6GHz55dBW21.223.6GHz42dBW614698MHz1000W614698MHz2000W698806MHz1000W806901MHz500W806824MHz500W824849MHz500W851866MHz500W869894MHz500W896901MHz500W901902MHz7W929932MHz3500W930931MHz3500W931932MHz3500W932932.5MHz17dBW935940MHz1000W940941MHz3500W16701675MHz500W17101755MHz500W18501910MHz1640W18501990MHz1640W19301990MHz1640W19902025MHz500W21102200MHz500W23052360MHz2000W23052310MHz2000W23452360MHz2000W24962690MHz500W
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Page 1of 2Notice of Proposed Construction or Alteration -Off Airport
4/25/2018https://oeaaa.faa.gov/oeaaa/external/eFiling/locationAction.jsp?action=showLocationForm...
141 Massengale Road, Brooks, GA 30205
(770) 461-0563 kpac0@bellsouth.net
Site ID: Halyburton ParkApril 24, 2018
To Whom It May Concern:
On April 24, 2018, I personally conducted an evaluation of a proposed telecommunications site for
AC&S Engineering and Surveying, Inc. The study was to determine if the proposed structure would
create any adverse effect on navigable airspace. The site is located near Wilmington, North Carolina at
34° 05’ 56.84” North and 77° 54’ 20.55” West (NAD 83). The site elevation is 24’ above mean sea
level (AMSL). The proposed structure height is 146’ above ground level (AGL) or 170’ AMSL. Part
77 of the Federal Air Regulations and Part 17 of the FCC Rules and Regulations were used as the
primary reference for this evaluation.
The closest public use landing surface is Runway 06 at Wilmington International Airport. The distance to
the runway is 9.75 nautical miles on a true bearing of 178.66° from the runway end. Pilot’s Ridge private
use airport is located approximately 1,800’ north of the proposed site. At the proposed site, the stucture
would have no adverse impact on this private use airport.
The proposed 146’ AGL (170’ AMSL) structure would not exceed any FAR Part 77 or FCC Part 17
notice requirement and, therefore, notice to the FAA is not required for this structure. If filed, the
proposed 146’ AGL structure should be approved by the FAA.
Normally, structures that do not require notice to the FAA do not require marking and/or lighting.
AM broadcast stations are not a factor for this site. For additional information or questions about this
study, contact my office anytime.
Sincerely,
Ken Patterson
KP 15681
Pilots Ridge
Private Use
Airport
00615
00304
Exhibit 11
Community Meeting
Memorandum from Planning
Commission Chair
21 B Street Burlington, MA 01803 Tel: (781) 273-2500 www.ebiconsulting.com
ENVIROBUSINESS, INC. LOCATIONS | ATLANTA, GA | BALTIMORE, MD | BURLINGTON, MA | CHICAGO, IL DALLAS, TX | DENVER, CO | HOUSTON, TX | LONG BEACH, CA | NEW YORK, NY | PHOENIX, AZ PORTLAND, OR | RICHMOND, VA | SAN FRANCISCO, CA | SEATTLE, WA | YORK, PA
April 30, 2018
Mr. David Goldsmith
Milestone Communications
12110 Sunset Hills Road; Suite 100
Reston, Virginia 20140
Subject: Preliminary NEPA Findings Letter - Halyburton Park
Proposed 140-foot Monopole
555 Halyburton Memorial Parkway
Wilmington, NC 28403
Dear Mr. Goldsmith,
EBI Consulting (EBI) is pleased to provide you with this Preliminary National Environmental Policy Act
(NEPA) Findings Letter (Letter) for the proposed communications installation at the address noted above
(the Subject Property). The purpose of this Letter is to provide the findings of EBI’s preliminary evaluation
of the proposed communications installation upon Federal Communications Commission (FCC) rules
implementing NEPA (47 CFR §1.1307). As of the date of this Letter, Milestone Communications proposes
to construct a 140-foot monopole tower at the Subject Property.
Based upon the results of EBI’s initial assessment, the proposed installation will not result in a significant
environmental effect per the criteria outlined in §1.1307(a), Item (1), Item (2), Item (3), and Items (6)
through (8). As such the preparation of an Environmental Assessment (EA) for these criteria is not
required. Please note that the Natural Resources review, State Historic Preservation office (SHPO),
review, and Tribal consultation process, Item (3), Item (4), and Item (5) respectively, are ongoing.
However, EBI does not anticipate that the proposed undertaking will have an Adverse Effect upon natural,
historic, or cultural resources.
Thank you for the opportunity to prepare this Letter, and assist you with this project. Please call us if you
have any questions, or if we may be of further assistance.
Respectfully Submitted,
Jason Los
Account Executive – Mid-Atlantic and Southeast Regions