Special Use Permits 2021SUP Book lLpage —'RaSi
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
ive/111or . nr Carpta -r IJ
The County Commissioners for New Hanover County (the "County Commissioners"), having held
a public hearing on February 1, 2021 to consider application number S20-04 submitted Design
Solutions on behalf of the property owners, William S. Hackney, Tara S. Hackney, and Proclaim
Holdinfor a Live/Work or Caretaker Unit at 813 & 817 Piner Road. ai(i 1,7 tg_J=d '711 -of
Ordinance requires for the issuance of a special use permit, and from the evidence adduced at
the hearing, the Commissioners make the following FINDINGS OF FACT and draw the following
CONCLUSIONS:
(1) The use will not materially endanger the public health or safety if located
where proposed and approved;
(2) The use meets all required conditions and specifications of the Unified
Development Ordinance;
(3) The use will not substantially injure the value of adjoining or abutting property,
or that the use is a public necessity; and
(4) The location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Land Use Plan for
New Hanover County.
2. 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 of the specific requirements stated in Sectior
10.3.5 of the Ordinance for the proposed use, as well as the proposed and approved site
plan, and all other state or federal requirements.
Page 1 of 4
B. In accordance with Section 10.3.5.C.7.c of the Ordinance, the permit shall become null
and void if construction or occupancy has not commenced within 24 months of the date
of this approval.
C. 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.
Ordered this is' day of February, 2021.
Page 2 of 4
Attest:
Kyr6krowe l,'Clerk to the Board
Findings of Fact:
(in Accordance with Section 10.3.5 of the New Hanover County Unified Development
Ordinance)
A. The site is zoned (CZD) CB, Conditional Community Business District. (pending rezoning
application Z2-1)
B. Live/Work or Caretaker units are an allowed use by Special Use Permit in the CB zoning
district.
C. Section 4.3.2.A.7 of the Unified Development Ordinance (UDO) sets forth specific use
standards for Live/Work or Caretaker Units. Compliance with the applicable standards is
shown on the conceptual plan.
FiLndin 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 surrounding area contains institutional uses, offices, and single-family dwellings.
P. Bufferyards must be provided between the development and adjacent properties.
C. The dwelling that will be used as the live/work unit is already located and occupied on the
site.
D. To date, no evidence has been provided to show that the proposed development will
substantially injure the value of adjoining or abutting property.
Page 3 of 4
Finding 4: The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Land Use Plan for New Hanover
County.
A. The property is located in the General Residential place type as classified in the 2016
Comprehensive Plan.
B. The proposed live/work or caretaker unit is in line with the residential uses and low to
moderate densities recommended for General Residential areas.
Page 4 of 4
SUP Book Page
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Campground/Recreational Vehicle (RV) Park in an R-15, Residential Zoning District
The County Commissioners for New Hanover County (the "County Commissioners"), having held
a public hearing on February 1, 2021 to consider application number 520-05 submitted by Design
Solutions on behalf of CWEST, LLC (the "Applicants") to operate a Campground/ Recreational
Vehicle (RV) park at 9515 River Road, and having heard all of the evidence and arguments
presented at the hearing, the County Commissioners conclude that the Applicants produced
competent, material, and substantial evidence tending to establish the existence of the facts and
conditions which Section 10.3.5.D of the County Unified Development Ordinance requires for the
issuance of a special use permit, and from the evidence adduced at the hearing, the
Commissioners, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND ASA FACT that the following specific requirements set forth
in Section 10.3.5.D (1-4) of the County Unified Development Ordinance WILL be satisfied if
the property is developed in accordance with the plans and findings submitted to the County
Commissioners attached as Exhibit A and incorporated into this special use permit:
(1) The use will not materially endanger the public health or safety if located
where proposed and approved;
(2) The use meets all required conditions and specifications of the Unified
Development Ordinance;
(3) The use will not substantially injure the value of adjoining or abutting property,
or that the use is a public necessity; and
(4) The location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Land Use Plan for
New Hanover County.
2. 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 of the specific requirements stated in Section
10.3.5 and Section 4.3.4.E.2 of the Ordinance for the proposed use, as well as the
proposed and approved site plan, and all other state or federal requirements.
B. In accordance with Section 10.3.5.C.7.c of the Ordinance, the permit shall become null
and void if construction or occupancy has not commenced within 24 months of the date
of this approval.
Page 1 of 4
C. 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.
1. Consistent with the Special Use Permit approval for the previous phase of Snows Cut
RV Park, no camping activity of any kind can occur in any required bufferyard or in
the 15 -foot access easement that runs along the northern property line of the
subject site.
Ordered this 11t day of February, 2021.
Page 2 of 4
/�'u Olson-Boseman, Chair
Attest:
KyCrowell, Clerk to the Board
Findings of Fact:
(6n Accordance with Section 10.3.5 of the New Hanover County Unified Development
Ordinance)
mlm�
ndln » The and must fired that the location and character of the use if developed a r in
to the plain as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity r ith the Comprehensive Land Use Plan for New Hanover
County.
A. The 2016 Comprehensive Plain classifies the area proposed for the development as
General R sid ntial, and the proposal aligns with the intent of -this land use
classification, the proposal provides recreational ppor°tuvuniti s, is not estimated to
generate a large amount of traffic on the roadway network, is are expansion of a
previously approved RV park, and is located next to are existing travel trailer park in are
area containing fear single-family homes.
SUP Book, i---- Page 5?11
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Bed and Breakfast Inn within an R-15, Residential 15 District
S21-01
The County Commissioners for New Hanover County (the "County Commissioners"), having held
a public hearing on March 1, 2021 to consider application number S21-01 submitted by Design
Solutions on behalf of Richard T., V and Patricia Hayes (the "Applicants") to operate a Bed and
Breakfast Inn at 6727 Carolina Beach Road, and having heard all of the evidence and arguments
presented at the hearing, the County Commissioners conclude that the Applicants produced
competent, material, and substantial evidence tending to establish the existence of the facts and
conditions which Section 10.3.5.D of the County Unified Development Ordinance requires for the
issuance of a special use permit, and from the evidence adduced at the hearing, the
Commissioners make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
:
Ii
1. The County Commissioners FIND AS A FACT that the following specific requirements set forth
in Section 10.3.5.D (1-4) of the County Unified Development Ordinance WILL be satisfied if
the property is developed in accordance with the plans and findings submitted to the County
Commissioners attached as Exhibit A and incorporated into this special use permit:
(1) The use will not materially endanger the public health or safety if located
where proposed and approved;
(2) The use meets all required conditions and specifications of the Unified
Development Ordinance;
(3) The use will not substantially injure the value of adjoining or abutting property,
or that the use is a public necessity; and
(4) The location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Land Use Plan for
New Hanover County.
2. 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 of the specific requirements stated in Section
10.3.5 and Section 4.3.4.E.1 of the Ordinance for the proposed use, as well as the
proposed and approved site plan, and all other state or federal requirements.
B. In accordance with Section 10.3.5.C.7.c of the Ordinance, the permit shall become null
and void if construction or occupancy has not commenced within 24 months of the date
of this approval.
Page 1 of 4
C. 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.
3 D. Additional Conditions:
1 1. Any accessory private events shall be limited to the Bed and Breakfast's clients and no
more than fifteen additional guests, shall not include parking that cannot be
accommodated in the designated guest parking spaces, shall not include amplified
music or additional lighting, and shall take place during daylight hours unless
completely indoors.
Ordered this 1St day of March, 2021.
1
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vNTY•k
o .r Juli Ison-Boseman, Chair
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Attest:
t 1
1 Kym owell, Clerk to the Board
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Page 2 of 4
Exhibit A
1
Findings of Fact:
(In Accordance with Section 10.3.5 of the New Hanover County Unified Development
Ordinance)
Finding 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 is currently provided by CFPUA and wastewater is treated by a private septic
system. Prior to the commencement of any Bed and Breakfast operation, the property
owner must obtain all necessary New Hanover County Environmental Health permits,
including but not limited to, a septic improvement permit and an operational permit for
a lodging facility.
B. The site will be accessed by Carolina Beach Road,an NCDOT-maintained Principal Arterial
road based on the WMPO Functional Classification Map. The existing driveway will be
reviewed by NCDOT during the driveway permitting process.
C. The existing dwelling will be renovated and reviewed through the permitting process to
ensure compliance with all applicable building codes.
D. It is estimated there will be a minimal increase in traffic if the existing dwelling is allowed
to be used as a Bed and Breakfast Inn.
E. The subject property is located in the New Hanover County Southern Fire Service District.
F. The site is not located within the Special Flood Hazard Area.
Finding 2:The Board must find that the use meets all required conditions and specifications of
the Unified Development Ordinance.
A. The site is zoned R-15, Residential 15 District.
B. Bed and Breakfast Inns are an allowed use by Special Use Permit in the R-15 zoning
district.
C. Section 4.3.4.E.1 of the Unified Development Ordinance (UDO) sets forth specific use
standards for Bed and Breakfast Inns. Compliance with the applicable standards is shown
on the conceptual plan.
ti Finding 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 surrounding area contains commercial and institutional uses and single-family
dwellings.
1 B. The proposed use will be similar in nature to the existing dwelling already located on the
property.
Page3of4
C. To date, no evidence has been provided to show that the proposed development will
substantially injure the value of adjoining or abutting property.
D. The proposed condition will help mitigate potential impacts of any accessory use in terms
of parking, amplified music and lighting, and hours of operation for any outdoor event.
Finding 4:The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Land Use Plan for New Hanover
County.
A. The property is located in the Community Mixed Use place type as classified in the 2016
Comprehensive Plan.
B. The proposed Bed and Breakfast Inn is in line with the mix of residential and commercial
uses recommended for Community Mixed Use areas.
Page 4 of 4
SUP Book IV Page a»
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Wireless Support Structure in a (CZD) R-20, Residential Zoning District
521-02
•
The County Commissioners for New Hanover County(the "County Commissioners"), having held
a public hearing on May 3, 2021 to consider application number 521-02 submitted by TowerCo
2013, LLC, on behalf of Cornelia Nixon Davis, Inc., (the "Applicants") for a Wireless Support
Structure at 719 Champ Davis Road, and having heard all of the evidence and arguments
presented at the hearing, the County Commissioners conclude that the Applicants produced
competent, material, and substantial evidence tending to establish the existence of the facts and
conditions which Section 10.3.5.D of the County Unified Development Ordinance requires for the
issuance of a special use permit, and from the evidence adduced at the hearing, the
Commissioners make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that the following specific requirements set forth
in Section 10.3.5.D (1-4) of the County Unified Development Ordinance WILL be satisfied if
the property is developed in accordance with the plans and findings submitted to the County
Commissioners attached as Exhibit A and incorporated into this special use permit:
(1) The use will not materially endanger the public health or safety if located
where proposed and approved;
(2) The use meets all required conditions and specifications of the Unified
Development Ordinance; 1
(3) The use will not substantially injure the value of adjoining or abutting property,
or that the use is a public necessity; and
(4) The location and character of the use if developed according to the plan as
Isubmitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Land Use Plan for
New Hanover County.
2. 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:
1
A. That the applicant shall fully comply with all of the specific requirements stated in Section
10.3.5 and Section 4.3.3.0 of the Ordinance for the proposed use, as well as the proposed
and approved site plan, and all other state or federal requirements.
i
B. In accordance with Section 10.3.5.C.7.c of the Ordinance, the permit shall become null
1 and void if construction or occupancy has not commenced within 24 months of the date
of this approval.
I
Page 1 of 5
i
I
C. 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.
Ordered this 3rd day of May, 2021.
of1TY.4O 4111�
, . 'y J '• Olson-Boseman, Chair
CYO 9.
i`#
Attest:' 'i45WCLO
rowell, Clerk to the Board
1
Page2of5
Exhibit A
findings of Fact:
(In Accordance with Section 10.3.5 of the New Hanover County Unified Development
Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. Water and sewer infrastructure and capacity are available to serve the site but are not
necessary for the proposed use.
B. The subject property is located in the New Hanover County Northern Fire Service
District.
C. Access to the tower site will be provided by a new access easement from Porters Neck
Road, which is an NCDOT maintained street.
D. The subject site does not host any known cultural or archaeological resources.
Jurisdictional wetlands on-site are not proposed to be impacted by the proposal.
E. The proposed use will have virtually no traffic impact on the surrounding transportation
network.
Finding 2:The Board must find that the use meets all required conditions and specifications of
the Unified Development Ordinance.
A. Wireless Communication Facilities including Wireless Support Structures are allowed by
Special Use Permit in the R-20, Residential zoning district provided that the project meets
the standards of Section 4.3.3 C of the Unified Development Ordinance.
B. Section 4.3.3.C.(1)(a) requires that the setback for any tower, antenna,or related wireless
support structure in any zoning district shall be setback from any existing residential
property line or residential zoning district boundary a distance equal to the height of the
tower as measured from the base of the tower. The location of the proposed 155' tall
tower (including the 5' lightning rod) will be 155.1' from the nearest property line to the
south, meeting the setback requirement of Section 4.3.3.C.(1)(a).
C. Section 4.3.3.C(1)(b) requires that all applicants seeking approval shall also submit a
written affidavit from a qualified person or persons, including evidence of their
qualifications, certifying that the construction or placement of such structures meets the
provisions of the Federal Communications Act, 47 U.S.C. 322, as amended, section 6409
of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455(a), in.
accordance with the rules promulgated by the Federal Communications Commission
(FCC), and all other applicable federal, state and local laws. The statement must certify
that radio frequency emissions from the antenna array(s) comply with the FCC standards.
The statement shall also certify that both individually and cumulatively the proposed
facilities located on or adjacent to the proposed facility will comply with current FCC
standards. Documentation in the application package meets these requirements.
Page3of5
D. Section 4.3.3.C(1)(d) regulates the signage allowed on the tower and related equipment.
Signage proposed on the site consists of identification,registration,and safety signs which
are compliant with this ordinance provision.
E. Section 4.3.3.C(6)(a)(1) requires that the minimum distance between the tower and any
other adjoining parcel of land or road must be equal to the minimum setback described
in Section 4.3.3.C.(1)(a), plus any additional distance necessary to ensure that the tower,
as designed, will fall within the tower site. The proposed location complies with this
provision, and no evidence has been submitted suggesting that additional distance is
necessary.
F. Section 4.3.3.C(6)(a)(2) requires the applicant to submit photographs and statements as
to the potential visual and aesthetic impacts on all adjacent residential zoning districts.
Information provided in the application packet meets this requirement.
G. Section 4.3.3.C(6)(b) requires a landscaped buffer with a base width not less than 25 feet
and providing 100% opacity, in addition to a minimum 8 ft. tall fence surrounding the
tower base. The proposed landscape buffer shown on the applicant's submitted site plan
meets this requirement.
H. Section 4.3.3.C(6)(c) requires that wireless support structures over 150' in height shall be
engineered to accommodate a minimum of two additional providers. The proposed
tower is 150' tall and has been designed to accommodate a total of four providers'
antennae and equipment, meeting this ordinance requirement.
I. Section 4.3.3.0 6 d
( )( ) prohibits the storage of equipment, hazardous waste, or materials
not needed for the operation, prohibits outdoor storage yards in a tower equipment
compound, and prohibits habitable space within this area The applicant's proposal
complies with this ordinance section.
J. Section 4.3.3.C(6)(e) requires that, when the proposed tower site is within 10,000 feet of
an airport or within any runway approach zone, the applicant submit Form 7460 to the
Federal Aviation Administration (FAA) to assure compliance with all FAA standards. An
FAA Determination of No Hazard to Air Navigation has been provided by the applicant
and indicates that the site and ro osal are in compliance with FAA p p AA regulations.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The location of the proposed wireless support structure is on a portion of a parcel
approved as part of The Davis Community to be used for stormwater management and
wetlands conservation. The tower site and associated equipment storage area will be on
a 110' x 110' (12,100 sf) leased area within this parcel and is not proposed to impact any
wetland areas.
B. The nearest residential structures range from approximately 450'to the east and 500'to
the southwest of the proposed tower location. The tower site is adjacent to an
institutional use to the northwest, approximately 480' from the nearest structure, and is
adjacent to undeveloped or recreational land on other boundaries.
Page4of5
C. Predominant land uses in the immediate vicinity of the subject site are undeveloped,
institutional, and residential.
D. A 25' wide buffer surrounding the tower base and equipment compound will provide
visual screening.
E. Evidence has been submitted in the form of an impact analysis by David Smith, MAI, SRA,
that the proposal will not have significant adverse impact on adjoining and abutting
properties.
F. No contradictory evidence has been submitted that this project will substantially injure
the value of adjoining or abutting properties.
Finding 4:The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Land Use Plan for New Hanover
County.
A. The subject site is currently undeveloped, and a portion of the site has previously been
approved under a Conditional Use Rezoning request to contain a stormwater infiltration
basin and wetlands conservation areas. No wetlands are proposed to be impacted by
this request.
B. The tower site is located adjacent to residential areas to the east and southwest, with
the nearest residential properties located approximately 450'to the east and 500'to the
southwest of the proposed tower location. The tower site is adjacent to an institutional
use to the northwest, approximately 480'from the nearest structure, and is adjacent to
undeveloped land on other boundaries.
C. The site is classified as General Residential by the 2016 Comprehensive Land Use Plan.
The intent of the General Residential place type is to provide opportunities for lower
density residential development and supportive commercial, civic, and recreational
development. While wireless support structures and other infrastructure are common
in contemporary land development patterns,the Comprehensive Plan does not
specifically address its' location. However, the Comprehensive Plan's implementation
guidelines do aim to support business success, workforce development, and economic
prosperity, and telecommunications infrastructure, when placed to best serve the needs
of surrounding residents, businesses, and institutional uses, can help to advance those
goals.
Page 5 of 5
SUP Book Page B9
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Wireless Support Structure in an R-15, Residential Zoning District
521-03
I
The County Commissioners for New Hanover County (the "County Commissioners"), having held
a public hearing on August 2, 2021 to consider application number 521-03 submitted by Thomas
H. Johnson, Jr., of Communications Tower Group, LLC, on behalf of Southeastern Enterprises,
Inc., (the "Applicants") for a Wireless Support Structure on Valley Brook Road, and having heard
all of the evidence and arguments presented at the hearing,the County Commissioners conclude
that the Applicants produced competent, material, and substantial evidence tending to establish
the existence of the facts and conditions which Section 10.3.5.D of the County Unified
Development Ordinance requires for the issuance of a special use permit, and from the evidence
adduced at the hearing,the Commissioners make the following FINDINGS OF FACT and draw the
following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that the following specific requirements set forth
in Section 10.3.5.D (1-4) of the County Unified Development Ordinance WILL be satisfied if
the property is developed in accordance with the plans and findings submitted to the County
Commissioners attached as Exhibit A and incorporated into this special use permit:
(1) The use will not materially endanger the public health or safety if located
where proposed and approved;
(2) The use meets all required conditions and specifications of the Unified
Development Ordinance;
(3) The use will not substantially injure the value of adjoining or abutting property,
or that the use is a public necessity; and
(4) The location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Land Use Plan for
New Hanover County.
2. 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 condition:
A. That the applicant shall fully comply with all of the specific requirements stated in
Sections 10.3.5 and 4.3.3.0 of the Unified Development Ordinance for the proposed use,
as well as the proposed and approved site plan, and all other state or federal
requirements.
Page 1 of 5
1
B. In accordance with Section 10.3.5.C.7.c of the Unified Development Ordinance, the
permit shall become null and void if the proposed use or work authorized by the approvals
or permits associated with this special use permit has not substantially commenced
within 24 months of the date of this approval.
C. 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.
D. Additional Condition(s):
(1) The tower will utilize concealment shades over the antennae and will meet the
design conditions indicated in the construction drawings submitted with this
application.
(
Ordered this 2nd day of August 2021.
(
Fyy
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co Y'NO • Ison-Bo man, Chair
?mow``.`
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fib
//1,2 Attest:
•FSrARC45H4nv
(1(„1/140■
it
3
Ky rowell, Clerk to the Board
}
Page 2 of 5
Exhibit A
Findings of Fact:
(In Accordance with Section 10.3.5 of the New Hanover County Unified Development
Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. Water and sewer infrastructure and capacity are available to serve the site but are not
necessary for the proposed use.
B. The subject property is located in the New Hanover County Southern Fire Service District.
C. Access to the tower site will be provided by a new access easement from Valley Brook
Road, which is a privately maintained street.
D. The subject site does not host any known cultural or archaeological resources.
E. The National Wetlands Inventory and the New Hanover County Conservation Resources
Map indicate that pocosin wetlands may be present on the site, which may be impacted
by this request.
1 F. The proposed use will have virtually no traffic impact on the surrounding transportation
1 network.
Finding 2:The Board must find that the use meets all required conditions and specifications of
the Unified Development Ordinance.
A. Wireless Communication Facilities, including Wireless Support Structures, are allowed by
Special Use Permit in the R-15, Residential zoning district provided that the project meets
the standards of Section 4.3.3.0 of the Unified Development Ordinance.
B. Section 4.3.3.C(1)(a) requires that the setback for any wireless support structure in any
zoning district shall be setback from any existing residential property line or residential
zoning district boundary a distance equal to the height of the tower as measured from
the base of the tower. The location of the proposed 130'-tall tower will be 130'from the
nearest property line to the north and south, meeting the setback requirement of Section
4.3.3.C(1)(a).
C. Section 4.3.3.C(1)(b) requires that all applicants seeking approval shall also submit a
written affidavit from a qualified person or persons, including evidence of their
qualifications, certifying that the construction or placement of such structures meets the
provisions of the Federal Communications Act, 47 U.S.C. 322, as amended, section 6409
of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455(a), in
accordance with the rules promulgated by the Federal Communications Commission
(FCC), and all other applicable federal, state and local laws. The statement must certify
that radio frequency emissions from the antenna array(s) comply with the FCC standards.
The statement shall also certify that both individually and cumulatively the proposed
facilities located on or adjacent to the proposed facility will comply with current FCC
standards. Documentation in the application package meets these requirements.
Page 3 of 5
t
D. Section 4.3.3.C(1)(d) regulates the signage allowed on the tower and related equipment.
Signage proposed on the site consists of identification, registration,and safety signs which
are compliant with this ordinance provision.
E. Section 4.3.3.C(6)(a)(1) requires that the minimum distance between the tower and any
other adjoining parcel of land or road must be equal to the minimum setback described
in Section 4.3.3.C(1)(a), plus any additional distance necessary to ensure that the tower,
as designed, will fall within the tower site. The proposed location complies with this
provision, and no evidence has been submitted suggesting that additional distance is
necessary.
F. Section 4.3.3.C(6)(a)(2) requires the applicant to submit photographs and statements as
to the potential visual and aesthetic impacts on all adjacent residential zoning districts.
Information provided in the application packet meets this requirement.
G. Section 4.3.3.C(6)(b) requires a landscaped buffer with a base width not less than 25 feet
and providing 100% opacity, in addition to a minimum 8 ft. tall fence surrounding the
tower base. The proposed landscape buffer shown on the applicant's submitted site plan
meets this requirement.
H. Section 4.3.3.C(6)(c) requires that wireless support structures 150' in height or less shall
be engineered to accommodate a minimum of one additional provider. The proposed
tower is 130' tall and has been designed to accommodate a total of three providers'
antennae and equipment, meeting this ordinance requirement.
I. Section 4.3.3.C(6)(d) prohibits the storage of equipment, hazardous waste, or materials
not needed for the operation, prohibits outdoor storage yards in a tower equipment
compound, and prohibits habitable space within this area. The applicant's proposal
complies with this ordinance section.
J. Section 4.3.3.C(6)(e) requires that, when the proposed tower site is within 10,000 feet of
an airport or within any runway approach zone, the applicant submit Form 7460 to the
Federal Aviation Administration (FAA) to assure compliance with all FAA standards. An
FAA Determination of No Hazard to Air Navigation has been provided by the applicant
and indicates that the site and proposal are in compliance with FAA regulations.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The location of the proposed wireless support structure is on a vacant property in the
( Telfair Forest subdivision. The tower site and associated equipment storage area will be
on a 100' x 100' (10,000 sf) leased area within this parcel.
B. The National Wetlands Inventory and the New Hanover County Conservation Resources
Map indicate that pocosin wetlands may be present on the site, which may be impacted
by this request.
C. The nearest residential structures range from approximately 450' to the east and 700' to
the west of the proposed tower location.
( D. The predominant land use in the immediate vicinity of the subject site is residential, with
undeveloped open space located to the south.
A
Page 4 of 5
E. A 25' wide buffer surrounding the tower base and equipment compound will provide
visual screening.
F. Evidence has been submitted in the form of an impact analysis by Michael P. Berkowitz,
a North Carolina Certified General Real Estate Appraiser, that the proposal will not have
significant adverse impact on adjoining and abutting properties.
G. No contradictory evidence has been submitted that this project will substantially injure
the value of adjoining or abutting properties.
Finding 4:The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Land Use Plan for New Hanover
County.
A. The subject site is currently undeveloped.
B. The National Wetlands Inventory and the New Hanover County Conservation Resources
Map indicate that pocosin wetlands may be present on the site, which may be impacted
by this request.
C. The tower site is located adjacent to existing residential areas to the east and west, with
the nearest residential properties located approximately 450'to the east and 700' to the
west of the proposed tower location.
D. The predominant land use in the immediate vicinity of the subject site is residential, with
undeveloped open space located to the south.
E. The 2016 Comprehensive Land Use Plan classifies the subject property as General
Residential. The intent of this place type is to provide opportunities for lower density
residential development and supportive commercial, civic, and recreational
development. While wireless support structures and other infrastructure are common in
contemporary land development patterns, the Comprehensive Plan does not specifically
address their location. However, the Comprehensive Plan's implementation guidelines
do aim to support business success, workforce development, and economic prosperity,
and telecommunications infrastructure, when placed to best serve the needs of
surrounding residents, business, and institutional uses, can help to advance those goals.
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Page 5 of 5
SUP Book (V Page G'O
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Residential Uses within a Commercial District on approximately 15.6 acres of land located
in the 200 Block of Lendire Road near the 7200 Block of Market Street
S19-02
The County Commissioners held a public hearing on June 1,2020,to consider
application number S19-02 submitted by Coswald, LLC,by and through its Agent, Tribute
Investment and Development, Inc., to develop a residential use within a commercial district on
approximately 15.6-acres of land located in the 200 block of Lendire Road near the 7200 block
of Market Street. Based upon the Board of County Commissioners hearing held on June 1, 2020
and the Order of the North Carolina Court of Appeals, dated November 2, 2021, the Board
hereby grants the applicant's request for a special use permit. In doing so the Board makes the
following FINDINGS OF FACT and renders the following CONCLUSIONS:
1. The Board finds pursuant to the North Carolina Court of Appeals Order that the proposed
use does satisfy the first general requirement of the Ordinance namely the requirement
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. The North
Carolina Court of Appeals determined that the Board of Commissioners' finding of fact
regarding this requirement of the Board was not based upon competent,material, and
substantial evidence in the record.
2. The Board finds that the proposed use does satisfy the second general requirement of the
Ordinance; namely that the use meets all required conditions and specifications.
3. The Board finds that the proposed use does satisfy the third general requirement of the
Ordinance; namely that the use will not substantially injure the value of adjoining or
abutting property.
4. The Board finds that the proposed use does satisfy the fourth general requirement of 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 in New Hanover County.
5. Therefore,pursuant to these findings the Board of County Commissioners conclude that
the specific and general requirements necessary for the issuance of a special use permit
have been satisfied and it is HEREBY ORDERED that the application for the special use
permit be GRANTED and it is hereby issued.
1
Ordered this the day of November 2021.
ap
Juli lson-Bosman, C i an (.<- ,.,, ' �`
Attes . ,=, ; .e
• _ '
,•/4 I&_l
L _ • 114.
1 berleigh G. ''".well, Clerk to the Board
11/44/14.14
Date
2