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HomeMy WebLinkAboutS21-02 Project Narrative 1 Active\118799466.v1-2/3/21 STATE OF NORTH CAROLINA BEFORE THE NEW HANOVER COUNTY PLANNING BOARD NEW HANOVER COUNTY AND BOARD OF COUNTY COMMISSIONERS TOWERCO 2013 LLC’S APPLICATION ) PROJECT NARRATIVE FOR A SPECIAL USE PERMIT TO ) AND CONSTRUCT A 150-FOOT MONOPOLE ) STATEMENT OF COMPLIANCE WIRELESS COMMUNICATION FACILITY ) WITH WITH A FIVE-FOOT LIGHTNING ROD FOR) NEW HANOVER COUNTY OVERALL TOWER HEIGHT OF 155 FEET ) UNIFIED DEVELOPMENT ORDINANCE I. STATEMENT OF APPLICATION TowerCo 2013 LLC (“TowerCo” or “Applicant”), pursuant to the requirements set forth in the New Hanover County Unified Development Ordinance (“Ordinance”), files this Special Use Permit Application seeking approval to construct and operate a 150-foot monopole antenna wireless communication facility (150-foot monopole tower with a five-foot lightning rod for an overall height of 155 feet). The monopole wireless communication tower will be located within a 110-foot by 110-foot leased area of a 12-acre parcel owned by Cornelia Nixon Davis, Inc. and located at 1011 Porters Neck Road, Wilmington, North Carolina (Tax Parcel Identification Number R03700-002-002-001). The property is zoned R-20. The new 155-foot monopole wireless communication facility is necessary so that AT&T Mobility (“AT&T”), T-Mobile, Verizon, the First Responder Network Authority (“FirstNet”), and another potential wireless provider may attach their antennas to the tower and continue to provide wireless services to the area pursuant to their licenses issued by the Federal Communications Commission (“FCC”). II. PROJECT DESCRIPTION AT&T, T-Mobile, and Verizon currently have their antennas located on an existing water tank on the adjacent property to the west that is located at the 1000 block of Porters Neck Road. The property where the water tank is located is comprised of 67.38 acres, is owned by the same property owner as the site for the new monopole tower (Cornelia Nixon Davis, Inc.), and is where The Davis Community, a senior care campus, is located (“he Davis Community Property”). The Davis Community was constructed on the property in 1966, and has been expanded several times since 1966. Currently The Davis Community consists of a 179-bed skilled nursing facility, a 123- unit assisted living facility, a pharmacy, administrative buildings, a water tank, parking areas, and open space areas. On June 15, 2020, the New Hanover County Board of Commissioners approved a conditional use rezoning request (Z20-07) for the Davis Community Property so that the main campus could be expanded to an adjacent 17.91-acre parcel that will consist of a four-story 150- unit independent living multi-family building, 32 assisted living duplexes, a wellness center, a central services building, and a memorial garden. The existing storm water retention pond will be removed from the Davis Community Property, and a new infiltration basin will be constructed on 2 Active\118799466.v1-2/3/21 the adjacent 12-acre parcel to the southeast where the monopole wireless community facility will be located. As part of the expansion of the Davis Community, the water tank on the Davis Community Property will be removed to accommodate the expansion. Therefore, AT&T, T- Mobile, and Verizon will have to remove their antennas from the water tank, and the carriers need to locate their antennas on the proposed 155-foot monopole on the adjacent property in order to continue providing wireless service in this area of the County. It is important to emphasize that this application is for a replacement tower for the water tank where the wireless carriers’ antennas are currently located. With the relocation of the antennas from the water tank to the proposed monopole, Verizon will move its existing antennas to the 120-foot position on the monopole, T- Mobile will move its antennas to the 130-foot position on the monopole, and AT&T will move its antennas to the 145-foot position on the monopole. With the new monopole, coverage will therefore be continued and enhanced in the area. The monopole will be located 859.5 feet from the property to the north, 279.4 feet from the property to the east, 155.1 feet from the property to the south, and 258.5 feet to the property to the west. The site will be accessed by a proposed 30-foot wide ingress-egress and utility easement off of the Porters Neck Road. Please refer to the Overall Parcel Plan, Sheet C1, of the construction drawings located under Tab 7 of the application binder. The tower compound will be secured by an eight-foot tall chain link fence with three strands, one additional foot, of barbed wire around the top of the perimeter of the fenced compound. Please refer to Sheets C3 and C4 of the construction drawings for the fence details. The monopole will comply with all FAA regulations and federal, state, and local regulations, as well as all applicable regulations of the County’s Ordinance. In short, this site is an ideal location for a wireless communication facility so that the antennas for AT&T, T-Mobile, and Verizon can be relocated from the water tank. The proposed site will ensure that the wireless carriers will be able to continue providing service to this part of New Hanover County. III. BACKGROUND Modern wireless communications include far more than cellular and digital phone networks. Today, wireless communications include a great number of services, such as voice, advanced messaging, data, real-time information (news, weather, sports, etc.), photographs, video, entertainment, and connections to social media. The number of services that are available continues to increase. The convenience, safety and efficiency benefits--as well as the “connectedness” with the world -- achieved through digital phones (and especially the latest generation of “smart phones”) has created a tremendous demand for these and other burgeoning services. It is projected that within the next few years, fully three-quarters of the American population will utilize a wireless device to communicate on a daily basis. It is clear that wireless infrastructure is needed to serve a growing population of wireless customers, especially since roughly one of five traditional U.S. landline phone users has switched to “wireless-only.” Today, more than 247 billion emails and 90 billion “tweets” are sent each day, and it is projected that video-over-instant messaging and video calling will increase seven-fold in the next few years. Individuals and households are not the only ones who are going wireless. Businesses increasingly depend on wireless service to conduct their businesses, and more people are working remotely from their homes and away from their businesses’ physical locations. For example, more than three times as many small businesses 3 Active\118799466.v1-2/3/21 today strongly agree that wireless technology is key to staying competitive -- 49 percent versus 16 percent in 2007. 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. AT&T, T-Mobile, and Verizon hold those licenses. 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 antennas. The signal for the antennas is limited by factors such as variations of the terrain and the finite capacity of signals at any given time; therefore, each antenna covers a limited geographic area. The antennas are, thereby, placed in such a way as to provide contiguous coverage and fill the gaps throughout a given region, as well as to provide sufficient and consistent capacity. In addition, in 2017, the Department of Commerce and FirstNet signed a 25-year contract with AT&T to build the first nationwide wireless network for America’s first responders. The FirstNet network is planned to cover all 50 states, five U.S. territories, the District of Columbia, rural communities, and tribal lands. The proposed tower will be utilized by AT&T to support the deployment of FirstNet as well as their existing wireless network needs. For further information about the FirstNet deployment, please refer to Tab 6 of the application binder or online at https://www.firstnet.gov. IV. STATEMENT OF NECESSITY The voice and data signals for mobile wireless telecommunications systems travel through the air to receiving and transmitting antennas. The antennas must be at a height sufficient to simultaneously provide coverage for users in the surrounding territory. In unserved areas (or where the antennas’ capacity has been reached), calls are “dropped” when a caller enters such areas and calls cannot be made. In selecting the proposed site, it was determined that constructing a new tower on property adjacent to the Davis Community Property where the water tank is located would be ideal and would provide consistent, needed and expanded coverage. TowerCo, a build-to-suit vendor, has applied for the Special Use Permit to construct the wireless communication facility upon approval from the County to do so. The proposed tower is required so that wireless coverage may continue to be provided by the wireless carriers in the surrounding area. 4 Active\118799466.v1-2/3/21 V. RELATIONSHIP OF PROPERTY OWNER TOWER OWNER / APPLICANT CARRIER AND AUTHORIZED AGENT The property owner, Cornelia Nixon Davis, Inc., entered into a Ground Lease Agreement with TowerCo on September 17, 2020 to allow TowerCo to lease a 110-foot by 110-foot (12,100 square foot) area of the property to construct a wireless communication facility within the lease area. Upon approval by the County, TowerCo will construct, own, operate, and maintain the wireless communication facility. Karen Kemerait with Fox Rothschild, LLP has been retained by TowerCo to assist with the New Hanover County permitting and approval process, to submit the application to the County, and to represent the Applicant and the property owner before the Planning Board and Board of Commissioners at the hearings. TowerCo and its agents will at all times cooperate with the County in the permitting, construction, maintenance, and operation of this proposed facility. VI. STATEMENT OF COMPLIANCE WITH THE NEW HANOVER COUNTY UNIFIED DEVELOPMENT ORDINANCE ARTICLE 3: ZONING DISTRICTS Section 3.2.7. – Residential 20 (R-20) District A. Purpose The purpose of the Residential-20 (R-20) District is to provide lands that accommodate primarily very low-density residential development and recreational uses. District regulations discourage development that substantially interferes with the quiet residential and recreational nature of the district. B. Concept C. Use Standards Allowed uses and use-specific standards for principal, accessory, and temporary uses are established in Article 4: Uses and Use-Specific Standards. ARTICLE 4: USES AND USE-SPECIFIC STANDARDS Section 4.2. – Allocation of Principal Uses 5 Active\118799466.v1-2/3/21 Section 4.2.1. - Principal Use Permissions Wireless Communication Facilities including Wireless Support Structures and Substantial Modifications are permitted by Special Use Permit in the R-20 zoned district of New Hanover County. The monopole wireless communication facility is proposed to be constructed on property located at 719 Champ Davis Road in Wilmington, North Carolina. The property is located in a R-20 zoned district of the County. Section 4.3.3. – Civic and Institutional Uses Section 4.3.3.C. – Communication and Information Facilities 1. General Requirements for all Communication and Information Facilities. The following standards shall apply to all communication and information facilities: a. Setbacks Except for amateur radio antenna up to 90 feet, any tower, antenna, or related wireless support structure in any zoning district shall be set back 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. In no case shall the setback for any tower, antenna, or related structure be less than 50 feet. The proposed 155-foot monopole will meet and exceed the setback requirement. The monopole will be located 859.5 feet from the property to the north, 279.4 feet from the property to the east, 155.1 feet from the property to the south, and 258.5 feet to the property to the west. Please refer to the Overall Parcel Plan, Sheet C1, of the construction drawings provided under Tab 7 of the application binder. b. Certification Required 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. §332, 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 6 Active\118799466.v1-2/3/21 facility will comply with current FCC standards. In accordance with NCGS 160D-932, the county cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. Please refer to Applicant’s January 19, 2021 affidavit of certifications provided under Tab 10 of the application binder. c. Expert Review Outside experts and disputes are subject to the following provisions: 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 for a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision- making body. 2. If the applicant for a telecommunications facility claims that one 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 applications be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. Acknowledged. d. Signage Signage shall comply with the following standards. 1. Attaching commercial messages for off-site or on-site advertising shall be prohibited. Acknowledged. 2. The only signage that is permitted upon an antenna, wireless support structure, equipment cabinet, or fence shall be information and for the purpose of identifying: i. The antenna support structure (such as ASR registration number); ii. The party responsible for the operation and maintenance of the facility; iii. Its current address and telephone number; 7 Active\118799466.v1-2/3/21 iv. Security or safety signs; v. Property manager signs for the tower (if applicable); and vi. Signage appropriate to warn the general public as to the use of the facility for radio frequency transmissions. Applicant acknowledges the above. Please see Sheet C4 of the construction drawings provided under Tab 7 of the application binder for the site signage details. 2. Amateur Radio Antenna Not Applicable. 3. Antenna & Towers Ancillary to the Principal Use Not Applicable. 4. Collocations 5. Non-Substantial Modification Not Applicable. 6. Other Wireless Communication Facilities including New Wireless Support Structures and Substantial Modifications a. 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 mitigate negative impacts, and the permit shall be approved only if all negative impacts can be mitigated. No reduction in setbacks may be granted for this use for increased buffers. 1. The minimum distance between the wireless support structure and any other adjoining parcel of land or road must be equal to the minimum setback described in Subsection 4.3.C.1.a. above, plus any additional distance necessary to ensure that the wireless support structure, as designed, will fall within the wireless support structure site. The 155-foot monopole will be located 859.5 feet from the property to the north, 279.4 feet from the property to the east, 155.1 feet from the property to the south, and 258.5 feet to the property to the west. Please refer to the Overall Parcel Plan, Sheet C1, of the construction drawings provided under Tab 7 of the application binder. 8 Active\118799466.v1-2/3/21 2. The applicant shall provide simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities from four 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. While not required by the Ordinance, the Applicant conducted a balloon test prior to preparing the photographic simulations. The balloon test demonstrated that the monopole will not be visible in many of the surrounding vantage points. In those areas where the monopole will be visible, only the top of tower will be visible. Please refer to Tab 15 of the application binder for the photographic simulations. 3. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Attached 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 a church steeple, windmill, silo, light standards, flagpole, bell/clock tower, water tower, or tree. A monopole is proposed for this site. 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 permit 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. Acknowledged. b. A landscaped buffer with a base width not less than 25 feet and providing 100 percent opacity shall be required within the wireless support structure site to screen the exterior of protective fencing or walls. The base station and equipment compound of the wireless support structure and each guy wire anchor must be surrounding by a fence or wall not less than eight feet in height. The area surrounding the tower site is wooded, and a 25-foot vegetative buffer will be preserved around the fenced compound area to provide a natural buffer. Please refer to the Site Plan, Sheet C2, and the Landscaping Plan, Sheet L1, of the construction drawings provided under Tab 7 of the application binder. 9 Active\118799466.v1-2/3/21 There will be an eight-foot high chain link fence surrounding the 60-foot by 60-foot compound within the 110-foot by 110-foot leased area. Around the top perimeter of the fence, there will be three strands of barbed wire (1- foot), and there will be a locked gate to the fenced compound. Please refer to the fencing details provided on Sheets C3 and C4 of the construction drawings provided under Tab 7 of the application binder. The proposed wireless antenna support structure will be a 155-foot monopole, and it will not require guy wire anchors. c. All wireless support structures shall be constructed to accommodate collocation. Structures over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Structures 150 feet or less in height shall be engineered to accommodate at a minimum one additional providers. The proposed 155-foot monopole will be structurally designed to accommodate the antennas of four wireless carriers. AT&T’s antennas will be located at the 145-foot position on the tower, T-Mobile’s antennas will be located at the 130-foot position on the tower, Verizon’s antennas will be located at the 120-foot position on the tower, and there will be room to accommodate the antennas of an additional carrier at the 110-foot position on the tower. Please refer to Sheet C5 of the construction drawings provided under Tab 7 of the application binder. d. Equipment compounds shall comply with the following standards: 1. 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. Acknowledged. 2. Shall not be used as a habitable space. Acknowledged. e. The applicant shall submit form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards and to resolve issues of concern, including required lighting, possible transmission interference or other conflicts when the proposed wireless support structure site is located within 10,000 feet of an airport or within any runway approach zone. Please see the FAA Determination of No Hazard to Air Navigation provided under Tab 12 of the application binder. 10 Active\118799466.v1-2/3/21 7. Nonconforming Wireless Support Structures Not Applicable. ARTICLE 10: ADMINISTRATIVE PROCEDURES Section 10.2 – Standard Review Procedures 10.2.2. – Pre-Application Conference A. Purpose The purpose of the pre-application conference is to provide an opportunity for the applicant and staff to review submittal requirements, procedures, and schedules for an anticipated development application. A pre-application conference is also intended for the applicant and staff to discuss the scope, features, and impacts of the proposed development. B. Applicability A pre-application conference is required for applications for planned development (see Section 10.3.4.). A pre-application conference may be requested and held at the applicant’s option for any other development application reviewed under this ordinance. C. Effect The pre-application conference is intended as a means of facilitating the review process. Discussions held in accordance with this section are not binding on the county or the applicant. Official reviews of development applications do not begin until a form application is submitted and determined to be complete. A pre-application conference was held on January 7, 2021 with Ken Vafier, Planning Manager, and Marty Little, Long Range Planner, of the New Hanover County Planning and Land Use Department, Karen Kemerait of Fox Rothschild LLP, and David Hockey, Director of Zoning for TowerCo. 10.2.3. – Community Meeting A. Purpose The purpose of a community information meeting is to inform owners and residents of nearby lands about a proposed development application, and to provide the applicant an opportunity to hear comments and concerns about the development proposal as a means of resolving conflicts and outstanding issues, where possible. B. Applicability 1. Unless a report is submitted in accordance with subsection 2 below, a community information meeting that complies with the requirements in this section is required prior to submittal of any of the following applications: 11 Active\118799466.v1-2/3/21 a. Conditional rezonings; b. Planned developments; and c. Special use permits for uses classified as intensive industry. 2. An applicant may submit an application identified in subsection 1 above without first holding a community information meeting if the applicant submits with the application a report documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting was not held. 3. The adequacy of a meeting held or report submitted shall be considered by the Planning Board and Board of Commissioners, as appropriate, in their decisions, but shall not be subject to judicial review. 4. For applications other than those identified in subsection 1 above, a community information meeting may be held in accordance with this section at the option of the applicant. While not required by the Ordinance, the Applicant intends to conduct a community information meeting after submittal of the Special Use Permit. C. Procedure 1. Notification a. The applicant shall provide written notice by mail or other agreed upon measure at least ten days prior to the date of the community information meeting. Notice shall be provided to the Planning Department and to each owner of record of land within 500 feet of and on the property subject to the application. b. The County shall provide notice of the community information meeting by e-mail to the Sunshine List. 2. Conduct of Meeting and Written Summary. a. The community information meeting shall be open to the public. At the meeting, the applicant shall explain the development proposal and application, inform attendees about the application review process, respond to questions or concerns neighbors raise about the proposed application, and discuss ways to resolve any conflicts or concerns. b. The applicant shall prepare a written summary of the meeting. The summary shall be included with the application materials and contain the following information: 1. Date, time and location of the meeting; 2. List of meeting attendees; 3. Summary of issues discussed; 12 Active\118799466.v1-2/3/21 4. Description of any changes or adjustments made to the proposal as a result of the comments and concerns received by the applicant; and 5. Any other information the applicant deems appropriate. Acknowledged. 10.2.4. – APPLICATION SUBMITTAL AND ACCEPTANCE A. Authority to File Applications 1. Unless expressly stated otherwise in this Ordinance, development applications reviewed under this Ordinance shall be submitted by: a. The owner, contract purchaser, or any other person having a recognized property interest in the land on which development is proposed; or b. A person authorized to submit the application on behalf of the owner, contract purchaser, or other person having a recognized property interest in the land, as evidenced by a letter or documentation signed by the owner, contract purchaser, or other person having a recognized property interest in the land. The application will be submitted by Karen M. Kemerait of Fox Rothschild LLP, Authorized Agent, on behalf of the Applicant, TowerCo 2013 LLC, and Property Owner, Cornelia Nixon Davis, Inc. Karen Kemerait’s acknowledgement as agent is evidenced in the Special Use Permit Application. 2. Applications for text amendments and zoning map amendments may be submitted by any person, organization, or interested party, including the Board of Commissioners, the Planning Board, or County Staff. 10.3.5. – SPECIAL USE PERMIT A. Purpose A use designated as a special use in Table 4.2.1.: Principal Use Table, in a particular zoning district, is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose this section is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. The construction of the proposed 155-foot monopole wireless communication facility is permitted with a Special Use Permit in the R-20 zoned district where proposed. This tower is essential and necessary to continue to provide the coverage that is currently being provided from the adjacent water tank. As the water tank will be removed from the Davis Community Property, the wireless carriers’ antennas on the water tank need to be moved to the proposed monopole. 13 Active\118799466.v1-2/3/21 This tower will ensure that continued wireless coverage is provided to support the surrounding residences, businesses, and those traveling through this area of the County. Also, this tower will ensure that emergency services coverage is available to the area, including The Davis Community and the Plantation Village independent senior living facility. The proposed tower will be helpful to this area of the County, as it will be utilized by AT&T to support the deployment of FirstNet. B. Applicability Approval of a special use permit in accordance with this section is required before development of any use identified as a special use in Table 4.2.1.: Principal Use Table. Acknowledged. C. Special Use Permit Procedure D. Special Use Permit Review Standards The Board of County Commissioners shall approve an application for a special use permit only if it reaches each of the following conclusions based on findings of fact supported by competent, substantial, and material evidence presented at the hearing: 1. The use will not materially endanger the public health or safety if located where proposed and approved. The proposed 155-foot monopole will not endanger the public health or safety if located where proposed on the 12-acre parcel. Not only will the proposed monopole not endanger the public health or safety, but it will instead enhance the public health and safety of the community in the surrounding area by ensuring that coverage remains in the area. The monopole is needed as a replacement site for the water tank where the antennas of AT&T, T-Mobile, and Verizon are currently located. As mentioned previously, as part of the expansion of The Davis Community, the water tank on the Davis Community Property will be removed to accommodate the expansion of the facility. Therefore, AT&T, T-Mobile, and Verizon will have to remove their antennas from the water tank, and the carriers need to locate their antennas on the proposed monopole in order to continue providing wireless service in this area of the County. With the relocation of the antennas from the water tank, Verizon will move its antennas to the 120-foot position on the monopole, T-Mobile will move its antennas to the 130-foot position on the monopole, and AT&T will move its antennas to the 145-foot position on the monopole. The wireless carriers will thus be able to continue providing coverage to the area. Thousands of facilities such as this one are located throughout the State of North Carolina (and tens of thousands nationwide). None presents any threat or danger to public health or safety. Radio emissions from the facility will comply with all federal laws, including those established by the Federal Communications Commission (FCC), and the emissions will fall well below emission standards for this type of facility, as established by the American National Standards Institute (ANSI). Please refer to the statement of certification that this facility will be in 14 Active\118799466.v1-2/3/21 compliance with FCC emission standards located under Tab 10 of the application binder. In addition, the proposed monopole will increase the public safety because this tower is strategically located for FirstNet’s broadband network for first responders. Residents and those traveling through the proposed coverage area will be able to place and receive calls during emergencies. Wireless communications is a public safety necessity. Seventy-four percent of Americans who own mobile phones say that they have used their hand-held devices in emergency situations and gained valuable help. Most importantly, in times of natural disasters, wireless communication consistently emerges as the essential – and often only – means for emergency communication. New Hanover County first responders, residents, businesses, and travelers in the coverage area will be able to access 911 emergency services in the event that severe weather or other unforeseen circumstances down traditional landline communication services. Thus, the first responders, residents, businesses, and travelers in this area of the County will directly benefit from the availability of continued wireless telecommunications services. 2. The use meets all required conditions and specifications of this Ordinance. The proposed monopole meets or exceeds all required conditions and specifications of the Ordinance. A wireless communication facility is permitted as a Special Use in the R-20 zoning district of the County. The Applicant confirms that it will comply with all state, federal, and local laws, including the rules and regulations listed in the Ordinance, regarding the construction, operation, and maintenance of the proposed wireless communication facility. 3. The use will not substantially injure the value of adjoining or abutting property, or the use is a public necessity; and The proposed monopole will not injure the value of adjoining or abutting property. The tower will be located on a large 12-acre parcel, and mature trees will surround the tower site. Because the tower is located on a large parcel with mature trees, the tower will not be visible from many of the surrounding vantage points. In the areas where the monopole will be visible, only the top of tower will be visible. (Please refer to Tab 15 of the application binder for the photographic simulations.) Also, the monopole will be located a great distance from all adjoining properties: 859.5 feet from the property to the north, 279.4 feet from the property to the east, 155.1 feet from the property to the south, and 258.5 feet to the property to the west. A 25- foot vegetative buffer will be preserved around the fenced compound area to buffer the tower. (Please refer to the Site Plan, Sheet C2, and the Landscaping Plan, Sheet L1, of the construction drawings located under Tab 7 of the application binder.) 15 Active\118799466.v1-2/3/21 The proposed tower is necessary so that AT&T, T-Mobile, and Verizon may continue to provide wireless coverage and services when the water tank on the Davis Community Property is removed. The continued coverage will benefit those who live and work in the surrounding area. David A. Smith, NC State Certified General Real Estate Appraiser, provides his expert opinion that the proposed monopole will not have an adverse effect on the property values of adjoining or abutting properties. Please refer to the property report prepared by David Smith provided under Tab 16 of the application binder. 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. The proposed monopole is an allowable use in the R-20 zoned district with a Special Use Permit. The proposed tower will be in harmony with the area and in general conformity with the County’s Comprehensive Land Use Plan, as the proposed tower will fit in well on the property and the area, and will benefit the surrounding area, as wireless coverage and services will continue to be available to those who live, work, and travel through the area. Furthermore, the site for the tower is a 12-acre tract of land, and mature trees will surround the tower site. The monopole will be located a great distance from all adjoining properties: 859.5 feet from the property to the north, 279.4 feet from the property to the east, 155.1 feet from the property to the south, and 258.5 feet to the property to the west. The proposed tower is a low impact use, as it is an unmanned facility that is not open to the public. It will generate no more than two to four vehicle trips per month (for maintenance purposes), and it will not generate any odor or noise. The tower will not generate additional traffic or be of any significant impact to the nearby roads. Accordingly, the tower will be in harmony with the area. The proposed monopole is in general conformity with the Comprehensive Land Use Plan because it will provide the wireless communication infrastructure necessary to support the educational and economic activities of nearby residents, businesses, and students. 10.3.6. SITE PLAN A. Purpose B. Applicability C. Major and Minor Site Plans Distinguished D. Major Site Plan Procedure 16 Active\118799466.v1-2/3/21 E. Minor Site Plan Procedure F. Site Plan Review Standards 1. The proposed development and uses in the site plan comply with Article 3: Zoning Districts, and Article 4: Uses and Use-Specific Standards. 2. The development proposed in the site plan and its general layout and design comply with all the standards in Article 5: General Development Standards, and Article 6: Subdivision Design and Improvement. 3. The development proposed in the site plan complies with all conditions of approval in any development approval or permit to which the plan is subject; and 4. The development proposed in the site plan complies with all other applicable standards in this Ordinance and all other County regulations. Applicant has reviewed all of the above referenced site plan review standards and acknowledges that the development plans submitted with this application under Tab 7 of the application binder comply with all of the above. VII. CONCLUSION The proposed wireless communication facility (a 150-foot monopole with a five-foot lightning rod, for an overall height of 155 feet) meets all requirements of the New Hanover County Zoning Unified Development Ordinance and is in conformity with the County’s Comprehensive Land Use Plan. The proposed monopole will be an integral part of continuing AT&T’s, T- Mobile’s, Verizon’s wireless communication service and providing service for FirstNet in this area of the County. TowerCo hereby respectfully requests that this Special Use Permit Application be approved. Respectfully submitted on this 3rd day of February, 2021. /s/ Karen M. Kemerait Karen M. Kemerait NC Zoning Counsel for TowerCo 2013 LLC