S22-03 March BOC Agenda PacketSCRIPT for SPECIAL USE PERMIT Application (S22-03)
Request by Thomas Johnson with Skyway Towers, applicant, on behalf of Kenneth and Eloise Parker,
property owners, for a Special Use Permit for a Wireless Support Structure to be located on an
approximately 4.28 acre parcel east of the intersection of Plantation Road and Military Cutoff
Extension which is currently zoned R-15, Residential.
1. Special Use Permit process requires a quasi-judicial hearing; therefore,
any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present
competent and material testimony
2. This is a quasi-judicial hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal.
3. Conduct hearing, as follows:
a. Staff presentation
b. s presentation (up to 15 minutes)
c.
d.
e.
4. Close the hearing
5. Board discussion
6. Ask Applicant whether he/she agrees with staff findings.
7. Vote on the Special Use Permit application.
Motion to approve the permit - All findings are positive.
Motion to approve the permit, subject to conditions specified below:
(State Conditions)
___________________________________________________________________________
___________________________________________________________________________
Motion to deny the permit because the Board cannot find:
a. That the use will not materially endanger the public health or safety if located where
proposed for the following reason:
________________________________________________________________________
________________________________________________________________________
b. That the use meets all required condition and specifications:
________________________________________________________________________
________________________________________________________________________
c. That the use will not substantially injure the value of adjoining or abutting property, or that
the use is a public necessity:
________________________________________________________________________
________________________________________________________________________
d. 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:
________________________________________________________________________
________________________________________________________________________
Example Motion for Approval:
Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required
conclusions based on the findings of fact included in the Staff Report.
[OPTIONAL] Note any additional findings of fact related to the four required conclusions.
[OPTIONAL] Note any added conditions required for the proposal to meet the conclusions of law:
Suggested Condition(s):
Conditions may be added to a Special Use Permit with the consent of the applicant.
Example Motion for Denial:
Motion to deny, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Unified Development Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. 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.
[State the finding(s) that the application does not meet and include reasons to why it is not being met]
S22-03 Staff Report BOC 2.6.2023 Page 1 of 16
STAFF REPORT FOR S22-03
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Number: S22-03
Request:
Special Use Permit for a Wireless Support Structure
Applicant:Property Owner(s):
Thomas Johnson on behalf of Skyway Towers Kenneth and Eloise Parker
Location:Acreage:
Unaddressed Parcel on Plantation Road 4.28
PID(s):Comp Plan Place Type:
R02800-004-012-001 Community Mixed Use
Existing Land Use:Proposed Land Use:
Vacant, Undeveloped Land New Wireless Support Structure
Current Zoning:
R-15, Residential
SURROUNDING AREA
LAND USE ZONING
North Undeveloped R-15
East Undeveloped PD
South Undeveloped R-15
West Undeveloped R-15
S22-03 Staff Report BOC 2.6.2023 Page 2 of 16
ZONING HISTORY
July 7, 1972 Initially zoned R-15 (Area 8B)
COMMUNITY SERVICES
Water/Sewer Water and Sewer is not available through CFPUA. Proposed use will not
require water or sewer service.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Porters Neck Station
Schools Murrayville Elementary, Trask Middle, and Laney High Schools
Recreation Smith Creek Park and Laney High School Tennis Courts
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
pocosin
conservation area is present on the site. Non-residential projects disturbing
less than 1 acre are exempt from Section 5.7 Conservation Resources. The
applicant has delineated wetlands on the site plan.
Historic No known historic resources
Archaeological No known archaeological resources
S22-03 Staff Report BOC 2.6.2023 Page 3 of 16
EXISTING CONDITIONS AND PROPOSED SITE PLAN
Site Plan for Proposed Wireless Support Structure
The applicant is requesting a special use permit to construct a new concealed, monopole
wireless support structure.
The subject site is located on approximately 4.98 acres located on Plantation Drive,
adjacent to a ramp serving the new Military Cutoff Extension current under construction.
Site access is proposed through a full access driveway from Plantation Drive.
The site plan provided by the applicant shows the proposed location of the tower, driveway,
an existing pond and delineated wetlands.
N
S22-03 Staff Report BOC 2.6.2023 Page 4 of 16
Equipment Compound for Proposed Wireless Support Structure
The equipment compound is proposed within a 10,000 square foot leased area that includes
compound surrounded by a landscape buffer.
N
Proposed Driveway
S22-03 Staff Report BOC 2.6.2023 Page 5 of 16
Concealed Monopole Elevation
The
Cellular antenna will be placed at 3 spaces for additional carriers
In accordance with Section 4.3.3.C.6.c.5 of the Unified Development Ordinance (UDO) the
tower is proposed with concealment methods that will give the tower the appearance of a
pine tree, a tree species common to the surrounding area.
S22-03 Staff Report BOC 2.6.2023 Page 6 of 16
ZONING CONSIDERATIONS
New wireless support structures are permitted in the R-15 district with the approval of a
Special Use Permit and are subject to supplemental standards in Section Section 4.3.3.C of
the Unified Development Ordinance (UDO). These standards generally address setbacks,
outside agency certifications, signage, landscaping, aesthetic appearance and collocation.
As proposed, the site plan meets the specifications of Section 4.3.3.C of the UDO.
In accordance with NC General Statute 160D-932 the county cannot base its permitting
decision on public safety implications of radio frequency emissions of wireless facilities.
Wireless support structures located in general residential districts shall be required to utilize
faux tree stealthing and shall be designed to match a species of tree located in the area
of the proposed tower.
A wireless support structure may be exempted from the faux tree stealthing requirement
only by the Board of Commissioners as a condition of approval of a Special Use Permit.
S22-03 Staff Report BOC 2.6.2023 Page 7 of 16
AREA SUBDIVISIONS UNDER DEVELOPMENT
S22-03 Staff Report BOC 2.6.2023 Page 8 of 16
TRANSPORTATION
Access
Access to the site is proposed through a 35-foot-wide private access and utility easement
to Plantation Road.
Due to infrequent maintenance requirements, the Institute of Transportation Engineers (ITE)
does not provide estimated trip generation rates for wireless towers.
The applicant has estimated the number of trips to the site will be less than 5 per month.
The estimated trip generation for this request is under the 100 peak hour threshold that
triggers the ordinance requirement for a Traffic Impact Analysis (TIA).
S22-03 Staff Report BOC 2.6.2023 Page 9 of 16
The Military Cutoff Extension NCDOT project is adjacent to the subject site. That project is
anticipated to be completed in 2023.
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Intensity Approx. Peak Hour Trips
Existing Development: Vacant 0 AM / 0 PM
Proposed Development Support Structure Estimated 5 trips per month
Potential Net Change: - + 5 trips per month
S22-03 Staff Report BOC 2.6.2023 Page 10 of 16
Nearby NC STIP Projects:
STIP Project U-4751 (Military Cutoff Extension)
o Project to extend Military Cutoff from Market Street to I-140.
o The project is currently under construction and is expected to be completed in early-
2023.
o The extension of Military Cutoff will utilize a super-street design and bisect the
subject site. Lendire Road/Brittany Lakes Drive, Torchwood Boulevard, and Putnam
Drive/Bradfield Court will connect to the Military Cutoff extension, allowing access
to neighborhoods west of the site.
o The project will also install a sidewalk and multi-use path along the extension of
Military Cutoff and the sections of Market Street included in the project, including
the eastern side of the subject site as shown on the proposed master plan.
Nearby Traffic Impact Analyses:
Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
Proposed Development Land Use/Intensity TIA Status
1. Hanover Reserve
102,700 sq ft Mini-
Warehouse
405 Multi-Family Units
100 Room Hotel
26,000 sq ft General
Office Building
36,400 sq ft Medical
Dental Office
106,922 sq ft Shopping
Center
17,540 sq ft High-Turnover
Restaurant
5,610 sq ft Convenience
Store / Gas Station
TIA approved July 20, 2021
2030 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consist of:
Install a left and right turn laned with 100 feet of storage and appropriate deceleration
lane and taper at the Murrayville Road extension for future driveway access to Hanover
Reserve Townhomes.
Provide dual southbound U-Turn lanes on Military Cutoff Extension: one with 500 feet of
storage and one with 200 feet of storage. And provide signalization, which will need to
be incorporated into the City of Wilmington signal system.
Install a single lane roundabout with 500 feet of internal protected stem on northern site
access drive and 100 feet of internal protected stem on southern site access drive on
Murrayville Road.
S22-03 Staff Report BOC 2.6.2023 Page 11 of 16
Connect Murrayville Road Extension at the designated controlled access point on Military
Cutoff Road. Provide southbound right turn lane with 250 feet of full storage and
appropriate deceleration length and taper. Provide dual eastbound right turn lanes on
Murrayville Road Extension: one with full storage and one with 400 feet of storage.
Provide dual westbound right turn lanes: one with full storage and one with 250 feet of
storage at Military Cutoff and Torchwood Blvd subject to reevaluation upon completion
of Military Cutoff.
Provide a northbound right turn lane at Military Cutoff and Plantation Road beginning
at the southbound to northbound U-Turn bulb. Provide dual westbound right turn lanes on
Plantation Road: one with full storage and one with 200 feet of storage with signalization.
Nearby Proposed Developments included within the TIA:
Bayshore Commercial
The Landing at Lewis Creek
Cameron Trace
Development Status: Development and improvements are currently under construction.
ENVIRONMENTAL
The subject property is not within any Special Flood Hazard Areas
The property is not within a Natural Heritage Area.
The subject property is located within the Smith Creek Watershed.
The New Hanover County Conservation Resources Map indicate that pocosin wetlands may
be present on the site. Non-residential projects disturbing less than 1 acre are exempt from
Section 5.7 Conservation Resources.
The applicant has delineated wetlands on the property and is working with the Army Corps
of Engineers permit process to fill some of the wetland area.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class III (severe limitation) soils however the proposed wireless support
structure will not require a septic system.
OTHER CONSIDERATIONS
Context and Compatibility
Photographic simulations from various vantage points provided with the application show
As a requirement of the UDO, the tower will be utilizing faux pine tree concealment to
The site is predominately cleared with minimal impact on existing trees on site.
The applicant has supplied an affidavit certifying that radio frequency emissions will comply
with Federal Communications Commission (FCC) standards and a determination from the
Federal Aviation Administration (FAA) that the facility will not be a hazard to air navigation.
S22-03 Staff Report BOC 2.6.2023 Page 12 of 16
The applicant has also provided an impact analysis conducted by a North Carolina certified
general real estate appraiser which concludes that neighboring property values will not be
adversely impacted by the proposed tower.
The area to the west of the site is the Hanover Reserve Planned Development. Hanover
Reserve was approved in August 2021 and includes area for residential and commercial
development along Military Cutoff with an extension of Murrayville Road that will be
installed by the developer.
The proposed uses include a mix of housing types at 7.5 dwelling units per acre as well as
a mix of restaurant, retail, office and other general commercial uses.
2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
S22-03 Staff Report BOC 2.6.2023 Page 13 of 16
Analysis
The intent of the Community Mixed Use place type is to provide community-
level service nodes and / or transitions between lower density housing and
higher intensity development specifically along major highway corridors.
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 implementation guidelines
of the Comprehensive Plan do aim to support business success, workforce
development, and economic prosperity.
Wireless support structures when placed to best serve the needs of
surrounding residents, businesses, and institutional uses, can help to advance
those goals.
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions
required to be reached to approve the special use permit request. These preliminary findings of
fact and conclusions are based solely on the information provided to date, prior to any information
or testimony in support or opposition to the request that may be presented at the upcoming public
hearing at the Board meeting.
Conclusion 1: The Board must find that the use will not materially endanger the public health
or safety where proposed and developed according to the plan as submitted and approved.
A. Public water and sewer infrastructure and capacity are not 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 gated
to Plantation Road.
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. The applicant has
delineated wetlands on the site and submitted permits to the Army Corps of Engineers to fill
a portion of the wetland area.
F. The proposed use will generate an estimated 5 trips per month for maintenance purposes
resulting in virtually no traffic.
Conclusion 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.C of the Unified Development Ordinance.
S22-03 Staff Report BOC 2.6.2023 Page 14 of 16
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 199 -tall tower will be more than 199 all
property lines, 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.
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.c.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.
F. Section 4.3.3.C.6.a.1 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
this requirement.
G. Section 4.3.3.C.6.a.2 requires th
engineered to accommodate a minimum of one additional provider. The proposed tower is
199 four
equipment, meeting this ordinance requirement.
H. Section 4.3.3.C.6.a.3 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.
ordinance section.
I. Section 4.3.3.C.1.b 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.
Conclusion 3: The Board must find that the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
A. The location of the proposed wireless support structure is on a vacant property in the
Greenview Ranch subdivision. The tower site and associated equipment storage area will
S22-03 Staff Report BOC 2.6.2023 Page 15 of 16
B. The National Wetlands Inventory and the New Hanover County Conservation Resources
Map indicate that pocosin wetlands may be present on the site. Non-residential projects
disturbing less than 1 acre are exempt from Section 5.7 Conservation Resources.
C. The applicant has delineated wetlands on the site and submitted permits to the Army Corps
of Engineers to fill a portion of the wetland area.
D. The nearest residential structures range from approximately 95
proposed tower location.
E. The predominant land use in the immediate vicinity of the subject site is forested with few
residentially developed lots.
F.
screening.
G. Evidence has been submitted in the form of an impact analysis by Tom Johnson, a North
Carolina Certified General Real Estate Appraiser, that the proposal will not have significant
adverse impact on adjoining and abutting properties.
H. No contradictory evidence has been submitted that this project will substantially injure the
value of adjoining or abutting properties.
Conclusion 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the Comprehensive Land Use Plan for New
Hanover County.
A. The subject site is currently undeveloped.
B. The site is bounded by vacant residentially zoned property to the north, east, and south and
the new Military Cutoff Extension to the west.
C. The nearest dwelling is located approximately 950 feet from the site.
D. The predominant land use in the immediate vicinity of the subject site is forested land with
few residentially developed lots.
E. The area to the west of the site is the Hanover Reserve Planned Development. Hanover
Reserve was approved in August 2021 and includes area for residential and commercial
development along Military Cutoff with an extension of Murrayville Road that will be
installed by the developer. The proposed uses include a mix of housing types at 7.5 dwelling
units per acre as well as a mix of restaurant, retail, office and other general commercial
uses.
F. The Comprehensive Plan classifies the property as Community Mixed Use which focuses on
small-scale, compact, mixed use development patterns that serve all modes of travel and
act as an attractor for county residents and visitors. Types of appropriate uses include office,
retail, mixed use, recreational, commercial, institutional, and multi-family and single-family
residential. The intent of the Community Mixed Use place type is to provide community-level
service nodes and / or transitions between lower density housing and higher intensity
development specifically along major highway corridors. 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
implementation guidelines of the Comprehensive Plan do aim to support business success,
workforce development, and economic prosperity. Wireless support structures when placed
S22-03 Staff Report BOC 2.6.2023 Page 16 of 16
to best serve the needs of surrounding residents, businesses, and institutional uses, can help
to advance those goals.
EXAMPLE MOTIONS
Example Motion for Approval:
Motion to approve, as the Board finds that this application for a Special Use Permit meets the
four required conclusions based on the findings of fact included in the Staff Report.
[OPTIONAL] Note any additional findings of fact related to the four required conclusions
[OPTIONAL] Note any added conditions required for the proposal to meet the conclusions of
law:
[List Conditions]
Suggested Condition:
Conditions may be added to a Special Use Permit with the consent of the applicant.
Example Motion for Denial:
Motion to deny, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Unified Development Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. 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.
[State the finding(s) that the application does not meet and include reasons why it is not being met]
Initial Application
Documents & Materials
BALLOON PHOTO PRESENTATION
Skyway Towers LLC
Wireless Communications Facility Balloon Tether Documentation
On October 6, 2022, Tower Engineering Professionals, Inc. (TEP), on behalf of Skyway Towers, LLC, completed a
Balloon Test for a proposed 195-ft AGL (199-ft overall with appurtenances) monopole communications tower to be
located south of a portion of Plantation Road, in Wilmington, NC at latitude: N 34° 18’ 11.6634”, longitude: W 77° 49’
27.0943” (NAD 83). The site elevation is approximately 42.0 ft AMSL. On Thursday, October 6, 2022, TEP deployed
an orange, approximately 5-ft diameter, CloudbusterTM balloon at 195-ft above ground level (to top of balloon) from
visibility, and approximately 79 degrees Fahrenheit with calm winds & intermittent 3 to 6 mph gusts. Photographs
were taken by Tucker Pridgen of TEP with a Nikon D3200 digital camera. Photographs were taken from numerous
public-accessible locations within a 2/3-mile radius of the proposed tower site in an attempt to depict the visibility of
the proposed tower from nearby areas.
The tower as simulated is at One Hundred and Ninety-Five Feet (195 feet in height/altitude) plus a 4 foot lightning
rod at the top. The overall height above ground at the centerline of the proposed tower facility is One Hundred and
Ninety-Nine Feet (199 feet in height/altitude).
The satellite imagery is from May, 2022.
Where the tower is not visible, a colored outline of the tower is shown to indicate the size and position of the proposed
tower.
MICHAEL P. SAMPAIR’S TECHNICAL GRAPHICS SERVICES
PROVIDING PROFESSIONAL SPECIALTY SERVICES TO THE TELECOMMUNICATIONS INDUSTRY
Indicates Tower
Not Visible
Shows Tower
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Concept Plan