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S22-03 - Application Packet - UpdatedPage 1 of 8 Special Use Permit Application – Updated 02-2022 DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Public Hearing Procedures (Optional) Pre-Application Conference 1* Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Preliminary Forum 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions NEW HANOVER COUNTY_____________________ Page 2 of 8 Special Use Permit Application – Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative 4. Proposed Condition(s) Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. Page 3 of 8 Special Use Permit Application – Updated 02-2022 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use 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 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. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; Soil erosion and sedimentation; Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater; or Anticipated air discharges, including possible adverse effects on air quality. Page 4 of 8 Special Use Permit Application – Updated 02-2022 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. Page 5 of 8 Special Use Permit Application – Updated 02-2022 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 New Hanover County Comprehensive Land Use Plan. Considerations: The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). Consistency with the Comprehensive Plan’s goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. Page 6 of 8 Special Use Permit Application – Updated 02-2022 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial This application form, completed and signed Application fee: $500; $250 if application pertains to a residential use (i.e., mobile home, duplex, family child care home). Traffic Impact Analysis (if applicable) The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. Conceptual Site Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads Proposed use of land, structures and other improvements o For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and/or subdivided boundaries. o For non-residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. Proposed transportation and parking improvements; including proposed rights-of- way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. All existing and proposed easements, required setbacks, rights-of-way, and buffering. The location of Special Flood Hazard Areas. The approximate location of regulated wetlands. A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by Federal or State law or local ordinance. Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) Applications for uses in the intensive industry category must also submit: Community meeting written summary A list of any local, state, or federal permits required for use One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. One (1) digital PDF copy of ALL documents AND plans For wireless support structures or substantial modifications, the elements listed on the attached checklist Page 7 of 8 Special Use Permit Application – Updated 02-2022 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Print Name(s) Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. The landowner or their attorney must be present for the application at the preliminary forum and public hearing. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Thomas H. Johnson, Jr. atty for Applicant Page 8 of 8 Special Use Permit Application – Updated 02-2022 Telecommunications Requirements Checklist Requirements for Wireless Support Structures & Substantial Modifications Applicant Initial Affidavit certifying the construction and placement of wireless facilities 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. Simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities from at least four (4) vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning district. Determination of No Hazard to Air Navigation, or other applicable determination by the Federal Aviation Administration (FAA) upon review of FAA Form 7460. For New Wireless Support Structures: Information or materials providing evidence that collocating new antennae and equipment on an existing wireless support structure or structures within the applicant’s search ring is not reasonably feasible. Per NCGS 160D-933, collocation on an existing wireless support structure is not reasonably feasible if the collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. EXHIBIT A: APPLICANT’S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 1 of 7 (revised 12/05/22) APPLICANT NOTE: Special Use Permit Application and Narrative revised 12/05/22 – proposed wireless communication facility/support structure design changed to stealth monopole (faux tree/monopine). Below are the applicant’s statements (bold text) describing how the proposed wireless communication facility (stealth monopole) complies with the use-specific standards contained in UDO Section 4.3.3(C) – Communication and Information Facilities (shown in italics below). C. Communication and Information Facilities [09-08-2020] [03-21-2022] 1. General Requirements for All Communication and Information Facilities. The following standards shall apply to all communications and information facilities: a. Setbacks The following setback requirements shall apply to all communication and information facilities except for Amateur radio antenna below 90 feet in height, which are exempt from these requirements in accordance with NCGS 160D-905. 1. Residential Districts The minimum setback for wireless facilities located in general residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R- 5), multi-family districts, and residentially designated portions of master planned developments shall be a distance equal to the height of the wireless facility, as measured from the base of the wireless facility to the tallest point, including lightning rods or similar appurtenances. As shown on the plans included as part of the application the proposed tower is 199 tall, inclusive of a 4 -tall lightning rod. The setbacks for the proposed tower depicted on Sheet Z-1 range from 212.0 to 270.0 , which exceed the minimum requirement. 2. All Other Districts The minimum setback for wireless facilities located in all other districts shall be equal to each facility’s engineered fall zone, as established by a letter sealed by a licensed professional engineer certifying that the wireless facility will not exceed the distance specified in the letter should the wireless facility fail. Where an engineered fall zone certification is not submitted, wireless facilities shall be set back a distance equal to the height of the wireless facility, as measured from the base of the wireless facility to the tallest point, including lightning rods or similar appurtenances. This requirement is not applicable since the proposed tower is located in the R-15 district. EXHIBIT A: APPLICANT’S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 2 of 7 (revised 12/05/22) 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 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. The applicant has submitted the required certification, attached to the special use permit application as Exhibit B. 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 or 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. The applicant acknowledges these provisions. d. Signage Signage shall comply with the following standards: 1. Attaching commercial messages for off-site or on-site advertising shall be prohibited. 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); EXHIBIT A: APPLICANT’S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 3 of 7 (revised 12/05/22) ii. The party responsible for the operation and maintenance of the facility; iii. Its current address and telephone number; 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 radiofrequency transmissions. The applicant acknowledges these standards; details pertaining to signage required to be posted on the tower site in compliance with these standards is depicted on Sheet S-1 of the plans. 2. Amateur Radio Antenna Except for in the I-1 and I-2 districts, Amateur Radio Antenna 90 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. This requirement is not applicable since the proposed tower will not be used as an amateur radio antenna. 3. Antenna & Towers Ancillary to the Principal Use Except for in the I-1 and I-2 districts, Antenna & Towers 70 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. Since the subject property is currently vacant, the proposed tower is not ancillary to a principal use; according to UDO Table 4.2-1, a special use permit is required for the proposed tower since it is located in the R-15 zoning district and complies, as described in this narrative, with the applicable standards of UDO Sections 4.3.3.C.1 and 4.3.3.C.6. 4. Collocations (sub-sections a – c). As shown on the plans included with the special use permit application, the request is for approval to construct a monopole tower with a single carrier installation at this time. The applicant acknowledges the standards and requirements of this sub-Section 4.3.3(C)(4)(a)– (c) and these may apply to future requests for colocation of equipment on this tower. EXHIBIT A: APPLICANT’S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 4 of 7 (revised 12/05/22) 5. Non-Substantial Modification a. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of non-substantial modification and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; material and color (including proposals for steel structures); and illumination. The applicant acknowledges this criteria may apply to future requests associated with this tower that are considered a non-substantial modification. b. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. 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 standard, flagpole, bell/clock tower, water tower, or tree. Consistent with the requirements of UDO Section 4.3.3.C.6.c.5, the proposed tower is a stealth monopole design that utilizes faux tree stealthing (monopine) to match the appearance of existing trees within the vicinity of the proposed tower location. 6. Other Wireless Communication Facilities including New Wireless Support Structures & Substantial Modifications a. Standards for All New Wireless Support Structures and Substantial Modifications The following standards shall apply to all wireless support structures and substantial modifications: 1. 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 surrounded by a fence or wall not less than eight feet in height. Sheet L-1 of the plans included with the special use permit application depict a landscape buffer of width and opacity planting standards that comply with this requirement. 2. 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 provider. The proposed tower is greater than 150 in height; Sheet C-2 of the plans included with the special use permit application depict space on the tower for three (3) additional providers. EXHIBIT A: APPLICANT’S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 5 of 7 (revised 12/05/22) 3. Equipment compounds shall comply with the following standards: i. 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. ii. Shall not be used as a habitable space. The applicant acknowledges these standards; the tower equipment compound will be maintained in accordance with all applicable requirements and regulations. 4. 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. The applicant has submitted the required certification, attached to the special use permit application as Exhibit C. b. Additional Standards for New Wireless Support Structures and Substantial Modifications Allowed By-Right The following standards shall apply to wireless support structures and substantial modifications allowed by-right: 1. Except in the I-1 and I-2 districts, wireless support structures shall be monopole or unipole construction; guyed or lattice-type towers are prohibited. 2. Except in the I-1 and I-2 districts, all wireless equipment, including any feed lines, antennas, and accessory equipment, must be enclosed in the tower cannister, camouflaged, screened, obscured, mounted flush, or otherwise not readily apparent to a casual observer. The proposed tower complies with the above standards/requirements; it is located within the R-15 district and is a stealth monopole design. c. Additional Standards for New Wireless Support Structures and Substantial Modifications Requiring Special Use Permits 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 should be approved only if all negative impacts can be mitigated. EXHIBIT A: APPLICANT’S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 6 of 7 (revised 12/05/22) 1. The applicant shall provide evidence that collocating new antennae and equipment on an existing wireless support structure or structures within the applicant’s search ring is not reasonably feasible. For the purposes of this section, collocation on an existing wireless support structure is not reasonably feasible if the collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. The applicant has submitted evidence (signed affidavit) attached to the special use permit application as Exhibit D as evidence regarding the applicant’s search ring for the subject site. 2. The applicant shall conduct a balloon test prior to the submittal of simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities. The applicant shall arrange to raise a colored balloon no less than three (3) feet in diameter at the maximum height of the proposed wireless support structure. The balloon test shall provide the basis for simulated photographic evidence 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. The applicant conducted the required balloon test to complete photo simulations and submitted this information as part of the special use permit application. 3. Wireless support structures shall be monopole or unipole construction; guyed or lattice-type towers are prohibited. As shown on the plans included with the special use permit application, the proposed tower is a stealth monopole design. 4. All wireless equipment, including any feed lines, antennas, and accessory equipment, must be enclosed in the tower cannister, camouflaged, screened, obscured, mounted flush, or otherwise not readily apparent to a casual observer. The proposed tower and associated ground compound will comply with this requirement. EXHIBIT A: APPLICANT’S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 7 of 7 (revised 12/05/22) 5. Wireless support structures located within general residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5) shall be required to utilize faux tree stealthing except where a structure is proposed in an area containing such dense existing tree clusters that the structure is not visible from existing single-family or duplex residential uses and/or platted lots located within a general residential district. Faux structures shall be designed to match a species of tree located within the existing cluster of trees in which a structure is proposed. i. A wireless support structure may be exempted from this requirement only by the Board of Commissioners as a condition of approval on the special use permit. The proposed wireless support structure/tower complies with the above requirement; since it is located within the R-15 district, the proposed tower is a stealth monopole (faux tree/monopine) designed to match the appearance of existing trees within the vicinity of the proposed tower location. d. Standards for Nonconforming Wireless Support Structures (sub-sections 1 – 2). The requested special use permit is for a new tower on the property that complies with the applicable standards and requirements of the UDO in effect at the time of application submittal.