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Home My WebLink AboutS22-03 - OrderCOUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE A SPECIAL USE PERMIT Wireless Support Structure in an R-15, Residential Zoning District S22-03 The County Commissioners for New Hanover County (the "County Commissioners"), having held a public hearing on March 6, 2023 to consider application number 522-03 submitted by Thomas Johnson on behalf of Skyway Towers (the "Applicant") to place a wireless support structure at an unaddressed parcel on Plantation Road identified as Parcel Identification R02800-004-012-001, and having heard all of the evidence and arguments presented at the hearing, the County Commissioners conclude that the Applicant produced competent, material, and substantial evidence tending to establish the existence of the facts and conditions which Section 10.3.5.D of the County Unified Development Ordinance requires for the issuance of a special use permit, and from the evidence adduced at the hearing, the Commissioners make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that the following specific requirements set forth in Section 10.3.5.D (1-4) of the County Unified Development Ordinance WILL be satisfied if the property is developed in accordance with the plans and findings submitted to the County Commissioners. (1) The use will not materially endanger the public health or safety if located where proposed and approved; (2) The use meets all required conditions and specifications of the Unified Development Ordinance; (3) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and (4) The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. 2. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a special use permit HAVE been satisfied, IT IS ORDERED that the application for the issuance of a special use permit be GRANTED subject to the following condition: A. The applicant agrees to make improvements as identified during the Technical Review Committee (TRC) process to ensure emergency vehicles are able to access the site and agree to repair any damage to the Plantation Road roadway caused by their vehicles either for construction or maintenance. Page 1 of 5 B. It is recommended that the applicant attempt to coordinate with NCDOT and other property owners to determine whether Plantation Road can be petitioned for adoption into the state maintenance program. Ordered this 6' day of March, 2023. -ca1v , 10 ' Bill Rivenbark, Chair Attest: JKCjrlowell, Clerk to the Board Page 2 of 5 Exhibit A Findings of Fact: (In Accordance with Section 10.3.5 of the New Hanover County Unified Development Ordinance) Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. 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. Finding 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. Wireless Communication Facilities, including Wireless Support Structures, are allowed by Special Use Permit in the R-15, Residential zoning district provided that the project meets the standards of Section 4.3.3.0 of the Unified Development Ordinance. B. Section 4.3.3.C.1.a requires that the setback for any wireless support structure in any zoning district shall be setback from any existing residential property line or residential zoning district boundary a distance equal to the height of the tower as measured from the base of the tower. The location of the proposed 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 Page 3 of 5 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. Finding 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The location of the proposed wireless support structure is on a vacant property in the 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. 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. Page 4 of 5 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. Finding 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The subject site is currently undeveloped. B. The 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 to best serve the needs of surrounding residents, businesses, and institutional uses, can help to advance those goals. Page 5 of 5 I I oE_OE- I EXISTING TREELINE (TYP.) EXISTING OVERHEAD UTILITY LINES (TYP.% --- E aF 7 � - II — — — — — -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lo 3=------------ P-----------_ �E - I I I I I I I I I I I I I I I I I I I I I I I I Know wba@s b210W. Cali before you dig. •• �•ExisnNc . ExisriNLcgP oPglON ROAD _ - - I, ----_ •• • - ,7. TELCO PEDESTAL, �. N _ _ ` . •80'EASFMENT------------------ 'A'j - PROPOSE 1 •1r - - - - - VEWAY AD SS WIDE �j •\•,•,•,',`,•,',`,','7�-,',',•,',`,',',`,',',', •,', `,',',', ••`,`,','•••'-`, DRNEWAY ACCESS GATE !1 ' ........... I', •, 1- •'' • • • • • • • �• _ • • •PARKER KENNE/H R SR ELOISE T _ •'-�•'••-I- ••••-' PARCEL /D. R02800-004-012-001. . . • •'•'. . . ZONINC.' R-15 RESIOENTLAL - � -- • `• • •' • `• I • - ACREAGE4.283 _ �.•. I . . . . .•. •. . .. . . •. . . . . ••'- PROPOSED 25'•WI. •••--��•••�.- ACCESS & rn EASEMENT WETlANOS � • . • . .' • %. • . I' s •� . . . . . . . . . . . . . . . . . . . - . . . . . _ . . . _ . . . . . . . _ _ _ I NCERTIFICATE OF APPROVAL IEW �iRNOV R COUNTY 60 � 1' t�A E CHAIRPE EXIST/NC UTILITY POLE -v 1 _ EYlSTYJC sak RP9e> j�---- -- f_ Mp J __ --------- I� II, I 1\\ I t\ PARKER KENNETH R SR ELO7- T PARCEL R0RMDE 04-0 i l -0O7 I �•t R- ZON/NC: R-15 RE510£Nn4L O/STRICT ACREAGE.- 4.59f I tt ,1 t \ ------ ---- a . _ _ •PROPOSE%yCU r%% •�T / ^ ,/ • �� % d �T I�. - - - --- - .195' MONOPOLE 1• ,• PROPOSED 12' GRAVEL •ACCESS - :DRIVE W/ TURNAROUND •(APPROX. 390- LONG) g -PROPOSED 50'X50' I' �- --" I CHAIN-UNK FENCED COMPOUND _ I (2,500 SO.FT.) • •. - 1 PROPOSED 100'x100' •''•, •,• yq ,✓ COMPOUND LEASE AREAL l~ I (10,000 SO.FT.)• - - - EXIST/TUG 11 wEn.wvs=L•-.••••-•• I I N\ 1 SITE PLAN Z-2 SCALE: 1- W (11X17 SCALES 1"=6P (11X17) WETLANDS TABULATION CHART SQUARE FEET ACRES TOTAL WETLANDS 147,815 3.39 ON SITE WETLANDS TO BE DISTURBED 4,350 0.100 PERMANENTLY WEMNDS 70 E DISTURBED 12.975 0.298 TEBMPORARILY LEGEND PROPER]YLME-BDAIECTPAKCEL — — — Pw PEATY LME-PBNliEA9 EN6DNG wen -- — EN6DNG EASF3AENT EXISRNGTREELNE {. � :-::-:-:-:�::.:-.> EwsrlxDwEnw+os Y��''"L� PwPO6FD DISTURBED WETlJMpS L!—�:ILL--ly---•/:'--------- iR.W MFPSE—T — — — — — PROPOSED LFME MEA —•.—. PROPOSED CNNNLINK FENCE GRAPHIC SCALE 30 o Is �e i INCH=30 FEET(=CW3 11NCH= 60 FEET (11X1]) Z cc 8 z C7 O (p SKYWAYTowms 3637 MACADALA LANE TAMPA. FL 33618 (813) 9W-6200 Nialvc- TOTALLY COMMITTEDL TICK ENGINEERING P.C. LICENCE NO. C-L682 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS CDNSRiL1CTION DIIA"%S OP DESCRIPTION BY ""\N Ro� Op'4E8 aAL E�y 3Be OINE6¢'- IRII\\\\\tom BRADLEY R. NEVMBAN, P.E. NC PROFESSIONAL ENGINEER LIC. *38681 SITE PLAN Z-2 TOP OF ALL APPURTENANCES ELEV.=199.0 AGL PROPOSED TOP OF MONOPOLE TOWER ELEV.-195.0 AGL PROPOSED T—MOBILE ANTENNA ELEV.=193.0' AGL FUTURE CARRIER ANTENNA 9 Y EIEV.=180.0' AOL h FUTURE CARRIER ANTENNA V ELEV =170.0' AGL �y FUTURE CARRIER ANTENNA V ELEV-160.0' AGL BOTTOM OF MONOPINE BRANCHES ELEV.:130.0 3 AGL PROPOSED 195' MONOPINE TOWER PROPOSED MONOPINE STEEL STRUCTURE TO BE PAINTED. CONTRACTOR TO USE CONTRACTOR TO USE COLOR •SHERWIN WILLIAMS — JAVA BROWN 06090" OR APPROVED EQUAL. PROPOSED T—MOBILE EQUIPMENT ON STEEL PUNTH. (BY OTHERS) PROPOSED CHNN-LNK FENCED C"M "D GROUND F/ N= on' AGl 4' LIGHTING ROD PROPOSED T—MOBILE ANTENNAS (TYP. OF 12 — BY OTHERS) NOTE: PER FAA "DETERMINATION OF NO HAZARD TO AIR NAVIGATION" • LETTER GATED 09/26/2022. TOWER ILLUMINATION IS NOT REQUIRED. • TOWER & FOUNDATION DESIGN PERFORMED INDEPENDENTLY FROM THESE CONSTRUCTION DRAWINGS. GRAPHIC SCALE 1 TOWER ELEVATION — C-2 SCALE: 1"= 12 (22X34j SCALE' 1"= 24' T iX17) 1 INCH=12 FEET 122X]I) 1 IN—N FEET(11XW) GENERAL NOTES 1. THE CONTRACTOR SHALL COMPLY WITH ALL APPUCABLE CODES ORDINANCES, LAWS AND REGULATIONS OF ALL MUNICIPALITIES, UTIUTIES COMPANY OR OTHER PUBLIC AUTHORITIES. 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ALL PERMITS AND INSPECTIONS THAT MAY BE REQUIRED BY ANY FEDERAL, STATE, COUNTY OR MUNICIPAL AUTHORITIES. 3. THE CONTRACTOR SHALL N071FY THE CONSTRUCTION MANAGER. IN WRITING, OF ANY CONFLICTS, ERRORS OR OMISSIONS PRIOR TO THE SUBMISSION OF BIDS OR PERFORMANCE OF WORK. MINOR OMISSIONS OR ERRORS IN THE BID DOCUMENTS SHALL NOT RELIEVE THE CONTRACTOR FROM RESPONSIBILITY FOR THE OVERALL INTENT OF THESE DRAWINGS. 4. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING ALL EXISTING SITE IMPROVEMENTS PRIOR TO COMMENCING CONSTRUCTION. THE CONTRACTOR SHALL REPAIR ANY DAMAGE CAUSED AS A RESULT OF CONSTRUCTION OF THIS FACILITY. S. THE SCOPE OF WORK FOR THIS PROJECT SHALL INCLUDE PROVIDING ALL MATERIALS, EQUIPMENT AND LABOR REQUIRED TO COMPLETE THIS PROJECT. ALL EQUIPMENT SHALL BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS. 6. THE CONTRACTOR SHALL VISIT THE PROJECT SITE PRIOR TO SUBMITTING A BID TO VERIFY TIAT THE PROJECT CAN BE CONSTRUCTED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. 7. CONTRACTOR SHALL VERIFY ANTENNA ELEVATION AND AZIMUTH WITH RF ENGINEERING PRIOR TO INSTALLATION- S. TRANSMITTER EQUIPMENT AND ANTENNAS ARE DESIGNED TO MEET ANSI/EIA/TIA 222-0 REQUIREMENTS. 9. ALL STRUCTURAL ELEMENTS SHALL BE HOT DIPPED GALVANIZED STEEL 10. CONTRACTOR SHALL MAKE A UTILITY "ONE CALL" TO LOCATE ALL UTILITIES PRIOR TO EXCAVATING. It. IF ANY UNDERGROUND UTILITIES OR STRUCTURES EXIST BENEATH THE PROJECT AREA. CONTRACTOR MUST LOCATE IT AND CONTACT THE APPUCANT & THE OWNER'S REPRESENTATIVE. 12. OCCUPANCY IS LIMITED TO PERIODIC MAINTENANCE AND INSPECTION BY TECHNICIANS APPROXIMATELY 2 TIMES PER MONTH. 13. PRIOR TO THE INSTALLATION OF THE PROPOSED EQUIPMENT OR MODIFICATION OF THE EXISTING STRUCTURE, A STRUCTURAL ANALYSIS SHALL BE PERFORMED BY THE OWNER'S AGENT TO CERTIFY THAT THE EXISTING/PROPOSED COMMUNICATION STRUCTURE AND COMPONENTS ARE STRUCTURALLY ADEQUATE TO SUPPORT ALL EXISTING AND PROPOSED ANTENNAS, COAXIAL CABLES AND OTHER APPURTENANCES. 14. PROPERTY UNE INFORMATION WAS PREPARED USING DEEDS, TAX MAPS, AND PLANS OF RECORD AND SHOULD NOT BE CONSTRUED AS AN ACCURATE BOUNDARY SURVEY. 15. THIS PLAN IS SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. 16. NO SIGNIFICANT NOISE, SMOKE, DUST, OR ODOR WILL RESULT FROM THIS FACILITY. 17. THE FACILITY IS UNMANNED AND NOT INTENDED FOR HUMAN HABITATION (NO HANDICAP ACCESS REQUIRED). 15. THE FACILITY IS UNMANNED AND DOES NOT REQUIRE POTABLE WATER OR SANITARY SERVICE 19. POWER TO THE FACILITY WILL BE MONITORED BY A SEPARATE METER. CERTIFICATE OF APPROVAL NEW HANOYER COUNTY MC TtR NERS MATE SON a Know whars below. Call before you dig. U SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 NiS-laC,~ W z TOTALLY COMMITTEE). Z W TICK ENGINEERING P.C. LICENCE NO. 2 Z O H 9 O z w a Q N LU OC SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 11mvn REVSm COs UP 1 1017M REMS CD� OP D D'YJ6 CC STRLCDONORXMNGS OP DATE I DESCRIPTION �`��4t•'sSB/' y EAL Z BRADLEY R. NEVIMAN. P.E. (S NC PROFESSIONAL ENGINEER LIC. N38681 LU F TOWER w ELEVATION m w m z C_2 co co