S18-03 Staff Summary BOC 8.20.2018S18-03 Staff Summary BOC 8.20.2018 Page 1 of 7
STAFF SUMMARY OF S18-03
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Number: S18-03
Request:
Special Use Permit in order to develop a telecommunications tower
Applicant: Property Owner(s):
Johnathan Yates for Milestone Communications New Hanover County
Location: Acreage:
Veterans Park, Halyburton Memorial Parkway 199.82
PID(s): Comp Plan Place Type:
R08100-006-026-000 General Residential
Existing Land Use: Proposed Land Use:
Public Schools and Parks/Recreation Facility Telecommunications Tower
Current Zoning:
R-15
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential R-15/R-10
East Single-Family Residential R-15
South Single-Family Residential R-15
West Single-Family Residential R-15
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ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 4)
COMMUNITY SERVICES
Water/Sewer Water and Sewer is available through CFPUA but not necessary for this use
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Myrtle Grove Station
Schools Anderson Elementary, Codington Elementary, Murray Middle, and Ashley
High Schools
Recreation Veterans Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
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Proposed Site Plan
The application proposes a 140’ tall monopole style telecommunications tower:
Proposed Site Plan
TRANSPORTATION
Access will be provided via a new access easement to the tower site from Halyburton
Memorial Parkway over the existing entrance drive and parking lot.
Trip Generation
LAND USE INTENSITY AM PEAK PM PEAK
Wireless Communication Facility N/A ≤ 1 ≤ 1
Traffic Impact Analyses are required to be completed for proposals that will generate
more than 100 peak hour trips in either the AM or PM peak hours.
This project will have virtually no impact on traffic on the nearby road network.
ENVIRONMENTAL
The site does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage
Areas.
The subject property drains to the Cape Fear River.
Soils at the site are Kureb Sand according to the Soil Survey for New Hanover County.
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2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision
for New Hanover County’s future land use, as designated by place types describing the character
and function of the different types of development that make up the community. Specific goals
of the Comprehensive Plan are designated to be promoted in each place type, and other goals
may be relevant for particular properties.
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on lower-density housing and associated civic and commercial
services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while
recreation and school facilities are encouraged throughout.
Analysis
The Comprehensive Plan does not specifically address the location of
telecommunications towers and other infrastructure, and the place type
description for General Residential does not provide substantive guidance
for evaluating the applicant’s petition. However, the Comprehensive Plan’s
implementation guidelines do aim to support business success, workforce
development, and economic prosperity, and telecommunications
infrastructure can help to advance those goals when placed to best serve
the needs of surrounding residents and the adjacent schools.
Consistency
Recommendation
The proposed telecommunications tower is generally CONSISTENT with the
goals of the 2016 Comprehensive Plan because it will provide for the
communications infrastructure necessary to support the educational and
economic activities of nearby residents, businesses, and students
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PLANNING BOARD ACTION
The Planning Board considered this application at their June 7, 2018 meeting. No one from the
public spoke in favor of, or in opposition to, the application. The Planning Board voted 6-0 to
recommend approval of the request, citing the preliminary findings of fact provided by staff, with
no conditions.
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions
required to be reached to approve the special use permit request. These preliminary findings of
fact and conclusions are based solely on the information provided to date, prior to any information
or testimony in support or opposition to the request that may be presented at the upcoming public
hearing at the Board meeting.
Conclusion 1: The Board must find that the use will not materially endanger the public health
or safety where proposed and developed according to the plan as submitted and approved.
A. Water and sewer infrastructure and capacity are available to serve the site, but not
necessary for the proposed use.
B. The subject property is located in the New Hanover County South Service District.
C. Access to the tower site will be provided by a new access easement to the tower site from
Halyburton Memorial Parkway over the existing entrance drive and parking lot.
D. The subject site does not host any known cultural, archaeological, or environmental resources.
E. The proposed use will have virtually no traffic impact on the surrounding transportation
network.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially
endanger the public health or safety where proposed.
Conclusion 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Telecommunication Communication Facilities, Cellular, and Related Towers are allowed by
Special Use Permit in the R-15, Residential zoning district provided that the project meets
the standards of Section 63.5-1 of the Zoning Ordinance.
B. Section 63.5-1(A) requires that the setback from any existing residential property line or
residential zoning district boundary for any tower, antenna, or related structure in any
zoning district be a distance equal to the height of the tower as measured from the base of
the tower. The location of the proposed 140’ tall tower is approximately 422’ from the
nearest property line, meeting the setback requirement of Section 63.5-1(A).
C. Section 63.5-1(B)1 requires that the minimum distance between the tower and any other
adjoining parcel of land or road must be equal to the minimum setback of 50’ described in
Section 63.5-1(A), plus any additional distance necessary to ensure that the tower, as
designed, will fall within the tower site. The proposed location complies with this provision,
and no evidence has been submitted suggesting that additional distance is necessary.
D. Section 63.5-1(B)2 requires the applicant to submit photographs and statements as to the
potential visual and aesthetic impacts on all adjacent residential zoning districts. Information
provided in Tab 8 of the application binder meets this requirement.
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E. Section 63.5-1(C) requires a landscaped buffer with a base width not less than 25 feet and
providing 100% opacity, in addition to a minimum 8 ft. tall fence surrounding the tower
base. The proposed plans meet this requirement.
F. Section 63.5-1(D) requires that 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 qualified 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 alternative such as a concealed (stealth) facility, attached facility,
replacement facility, co-location, or new antenna support structure. An analysis and report
provided in Tab 9 of the application package meets these requirements.
G. Section 63.5-1(E) requires that towers over 150’ tall be engineered to accommodate a
minimum of two additional providers. The proposed tower is 140’ tall and not required to
meet this provision; however, the tower has been designed to co-locate four additional
providers’ equipment in addition to the Verizon antennas as depicted on Sheet Z2 in Tab 1
of the application package.
H. Section 63.5-1(F) requires that all applicants seeking approval shall also submit a written
affidavit from a qualified person or persons, including evidence of their qualifications,
certifying that the construction or placement of such structures meets the provisions of the
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.
The statement must certify that radio frequency emissions from the antenna array(s) comply
with the FCC standards. The statement shall also certify that both individually and
cumulatively the proposed facilities located on or adjacent to the proposed facility will
comply with current FCC standards. Documentation from EBI Consulting in Tab 11 of the
application package meets these requirements.
I. Section 63.5-1(I) regulates the signage allowed on the tower and related equipment. The
signage proposed is compliant with this ordinance provision.
J. Section 63.5-1(J) prohibits the storage of equipment, hazardous waste, or materials not
needed for the operation, prohibits outdoor storage yards in a tower equipment compound,
and prohibits habitable space within the compound area. The applicant’s proposal complies
with this ordinance section.
K. Section 63.5-1(L) requires that, when the proposed tower site is within 10,000 feet of an
airport or within any runway approach zone, the applicant submit Form 7460 to the Federal
Aviation Administration (FAA) to assure compliance with all FAA standards. An FAA
Aeronautical Evaluation was included with the application (Tab 10) and indicates that the
site and proposal is in compliance with FAA regulations.
Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the
required conditions and specifications of the Zoning Ordinance.
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Conclusion 3: The Board must find that the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
A. The location of the proposed telecommunications tower is located in an area with other
nonresidential uses including active parks facilities, a water tower, and public schools.
B. The nearest residential properties are 421.6’ south of the proposed tower location.
C. A 25’ wide buffer surrounding the tower base will provide visual screening.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not substantially
injure the value of adjoining or abutting property.
Conclusion 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for New Hanover
County.
A. The subject site is in a county-owned public park facility that is primarily used for active
recreation, with facilities including baseball and softball fields, soccer fields, and associated
lighting, parking, and amenities.
B. The nearest residential properties are 421.6’ south of the proposed tower location.
C. The site is classified as General Residential by the 2016 Comprehensive Land Use Plan;
these areas focus on lower-density housing and associated civic and commercial services.
Infrastructure including telecommunications infrastructure are appropriate within this
placetype when located appropriately.
D. The proposed telecommunications tower is generally CONSISTENT with the General
Residential place type from the 2016 Comprehensive Land Use Plan.
Staff Suggestion: Evidence in the record at this time supports a finding that the use is in general
conformity with the plan of development for New Hanover County.