Loading...
HomeMy WebLinkAboutS22-03 BoC Staff Report - Final 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 The County’s Conservation Resources Map indicates that 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 Proposed 195’ Monopole Tower Pr o p o s e d D r i v e w a y Existing Pond 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 a 50’ by 50’ fenced compound surrounded by a landscape buffer. N 100’ x 100’ leased area Landscape Buffer 50’ x 50’ Fenced Compound Tower Site Proposed Driveway S22-03 Staff Report BOC 2.6.2023 Page 5 of 16 Concealed Monopole Elevation • The proposed tower is 195’ with a 4’ lightning rod for an overall height of 199’. • Cellular antenna will be placed at the height of 193’ with 3 spaces for additional carriers to collocate on the tower at a heights of 160’, 170, and 180’. • 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. 4’ Lightning Rod 195’ Tower Height 4 Wireless Carriers Faux Pine Concealment 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 195’ Tall Wireless 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 the tower’s anticipated visual impact. • As a requirement of the UDO, the tower will be utilizing faux pine tree concealment to reduce the tower’s impact on surrounding properties. • 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 New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. 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 25’ wide access and utility easement 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’ from 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 base. The proposed landscape buffer shown on the applicant’s submitted site plan meets this requirement. G. Section 4.3.3.C.6.a.2 requires that wireless support structures 150’ in height or less shall be engineered to accommodate a minimum of one additional provider. The proposed tower is 199’ tall and has been designed to accommodate a total of four providers’ antennae and 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. The applicant’s proposal complies with this 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 be on a 100’ x 100’ (10,000 sf) leased area within this parcel. 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 950’ to the east of the proposed tower location. E. The predominant land use in the immediate vicinity of the subject site is forested with few residentially developed lots. F. A 25’ wide buffer surrounding the tower base and equipment compound will provide visual 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]