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HomeMy WebLinkAboutApplicationNEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 i Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 PlanNHC.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 applied in reviewing i the application for completeness are found in Section 10.3.5 of the Unified Development Ordinance. *If the proposed use is classified as Intensive Industry, the applicant is required to 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/AgE Jonathan Yates for Optima Towers IV Christopher Dale Company Company/Owner Name 2 Optima Towers IV Address , Address 105 Broad Street, Third Floor 35o6 Angus Drive City, state, zip Charleston, SC 29401 Phone 843-414-9754 Email jly@hellmanyates.com City, State, Zip Castle Hayne, NC 28429 Phone 910-471-1996 Email Page 1 of 10 Special Use Permit Application — Updated 10-2025 2. Subject Property Information Address/Location I Parcel Identification Number(s) Off of Angus Drive, Castle Hayne, NC 28429 1 R02500-001-009-000 Total Parcel(s) Acreage 3.9 acres Existing Zoning and Land Use(s) R-2o and Vacant Undevelope Future Land Use Classification General Residential 3. Proposed Zoning, Use(s) & Narrative f Proposed Use as listed in Table 4.2.1 of the UDO: Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications Please provide a statement about the purpose of the special use permit and a project narrative (attach additional pages if necessary). Please see the attached narrative. Page 2 of 10 Special Use Permit Application — Updated 10-2025 4. Proposed Condition(s) _ Note: Additional conditions and requirements can be applied to special use permits which represent greater restrictions on the development and use of the property than the corresponding general use district regulations. 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 below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based on the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. Developments that generate 100 or more trips in the AM or PM peak hour must include a complete TIA with the application materials. The TIA must be approved by NCDOT and the WMPO before the item can be considered by the Board of Commissioners. Recommendation: Before applying contact the WMPO to confirm the most appropriate ITE code and traffic generation rate is being applied. If the information has been verified, please attach a copy of the verification with the application. Unverified information submitted with the application may result in the application being ineligible to move forward to a Planning Board agenda. please see the attached traffic impact worksheet. ITE Land Use (Code): Trip Generation Variable (gross floor area, dwelling units, etc.): AM Peak Hour Trips: PM Peak Hour Trips: Page 3 of 10 Special Use Permit Application — Updated 10-2025 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 make sure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of 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 only suggested and are intended to help applicants understand what the board might consider in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. The application must include an explanation of how the proposed special use permit meets the following criteria. (include references and attachments to plans where applicable). 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations include: • Traffic conditions in the area, including the effect of additional traffic on roads, road capacity, intersections, and sight lines at intersections. • Impacts on environmental features such as conservation resources or wetlands. • Protection of public, community, or private water supplies, including possible impacts on surface water or groundwater. • Soil erosion and sedimentation. • Potential impacts to air quality. The proposed facility will not endanger the public health or safety in it's location on the property of Christopher L. Dale. After a 6o-day construction period, the unmanned facility will only be visited by T-Mobile technicians 8-10 times a year for routine maintenance. The proposed facility will have no impact on: conservation resources; wetlands; private water supplies; surface water; ground water; soil erosion; sedimentation; or air quality. The proposed facility will be contained in a sixty ft. by sixty ft. compound on a 3.9 acre property. The proposed facility will not produce any off -site noise, odor, lights, dust, vibrations, fumes, or glare. Page 4 of 10 Special Use Permit Application — Updated 10-2025 2. The use meets all required conditions and specifications of the Unified Development Ordinance (UDO). The use meets all required conditions and specifications of section 4.3.3 C (Communication and Information Facilities) 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. Considerations include: • The relationship of the proposed use and character of the development to surrounding uses and development. Including possible conflicts between them and how those conflicts will be resolved through improved design, increased buffers and / or setbacks, or other site specific features provided in the development. Whether the proposed development is a necessity to public health, safety, and general welfare of the community or county as a whole to justify the use regardless of the impact on the value of adjoining property. The use will not substantially injure the value of adjoining or abutting property and many people view the use as a public necessity. The facility is being strategically located on the 3.9 acre property of Christopher Dale. The purpose of the proposed facility is to improve necessary and essential wireless infrastructure in this area of New Hanover County by providing adequate wireless voice, broadband, and effective access to all 911 first responders: fire, police; and EMS. Page 5 of 10 Special Use Permit Application — Updated 10-2025 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 include: The relationship of the proposed use and character of the development to surrounding uses and development. Including possible conflicts between them and how those conflicts will be resolved through improved design, increased buffers and / or setbacks, or other site specific features provided in the development. • Consistency with the Comprehensive Plan's goals, objectives, place types, and locational standards. Plan NHC outlines the importance of improving a variety of infrastructure and urban services, including telecommunications. Plan NHC explicitly states that "...higher speed broadband internet connection and greater cell phone coverage are the two greatest demands" (page 43). Our proposed facility is in alignment with these goals and the Comprehensive Plan as a whole, as it will significantly improve broadband and cell phone coverage in the surrounding area. The future land use designation of our site is "general residential". Our proposed facility will thus be able to work in tandem with the character of the area by serving them with essential and necessary wireless infrastructure. Page 6 of 10 Special Use Permit Application — Updated 10-2025 7. Application Requirements Staff use the following checklist to determine if the application is complete. Please verify all 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 to be processed for further review. Staff will confirm if an application is complete within five business days of submittal. Applicants are encouraged to arrange an informal pre -application meeting with Planning staff at least two weeks before applying. Pre -application meetings help improve the chances of submitting a complete application. Applicant Application Checklist And Acknowledgement Initial ❑ This application form, completed and signed (all property owners must sign signatory page) i ❑ Copy of most recent annual filing identifying the owners / officers / managers from the Secretary of State's Business Registry for any LLCs or other companies listed on the application. ❑ Application fee: • $500 • $250 for mobile homes, duplexes, and Family Child Care Homes ❑ Community Information Meeting Report for Intensive Industries only ItWA (complete and signed by authorized agent or all property owners) ❑ Traffic Impact Analysis if applicable (use of attached report document is recommended) • The official TIA approval letter is recommended before this item is placed on a Planning Board agenda. The Planning Boad may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required before this item is placed on a Board of Commissioners agenda. ❑ Legal description (by metes and bounds) or a recorded survey with Map,, A Book and Page reference of the property or area requested for rezoning. ❑ Conceptual Plan including the following minimum information. Not if information beyond the minimum requirements is shown on the concept plan they may be considered conditions of approval and may not be eligible for approval as a minor deviation. ■ Tract boundaries and total acreage • Location of adjoining parcels and roads • Proposed land use, building areas and other improvements o Residential uses: include the maximum density, unit count, height, and type of housing, maximum area occupied by structures, and proposed subdivision boundaries. Page 7 of 10 Special Use Permit Application — Updated 10-2025 o Non -Residential uses: include the maximum square footage and height of each structure, an outline of the area structures will occupy, the specific purpose / land use and how each structure will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways, proposed access to and from the site, and arrangement and access to parking areas. • All existing and proposed easements, required setbacks, rights -of - way, and buffers. ■ The location of Special Flood Hazard Areas. ■ For sites less than 5 acres in size a tree survey is required identifying the exact location, species and size of all specimen trees on site. For sites more than 5 acres a narrative is required describing the existing vegetation on site including the approximate location, species, and size (DBH) of regulated trees. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Location of any existing wells or septic systems on site. • 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 (see Section 10.3.5 of the UDO as applicable) ❑ Documentation on soil types and infiltration rates if underground stormwater facilities are proposed. ❑ Wireless support structures or substantial modifications must also provide the items listed on the attached checklist. ❑ One (1) digital PDF copy of ALL documents AND plans n, Page 8 of 10 Special Use Permit Application — Updated 10-2025 8. Acknowledgement and Signatures Note: This form must be signed by the owner(s) of record. A signature is required for each owner of record if there are multiple owners. By signing below, I understand and accept the following: • All the conditions, limitations, and obligations of the conditional rezoning process for which I am applying. • That the existing Official Zoning Map is presumed to be correct. ■ I understand that the applicant has the burden of proving the proposal meets the four required conclusions. • 1 certifythat this application is complete, and all information presented in this application is accurate to the best of my knowledge, information and belief. 1 am legally able to make decisions regarding the subject property and apply for this application to make changes to the subject property. • If applicable, I also appoint the applicant / agent 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; 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. An authorized agent or the property owner will attend each public hearing scheduled for the application to represent the request and answer questions if called upon. If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the changes will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If a request is made to delay consideration bythe Planning Board or Board of Commissioners before public notice has been sent out in the mail or 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 countys adopted fee schedule will be required. V--;q;C -- Signature of Prooefrty Owner'/ uthorized Agent SC c aifiAch6 Giv►11n 'La y o vl Signature of Property Owner / Authorized Agent �owWiyx "Wts 1 l z [c Print Name Date Print Name Date Page 9 of 10 Special Use Permit Application — Updated 10-2025 Telecommunications Requirements Checklist Requirements for Wireless Support Structures & Substantial Applicant Modifications Initial ❑ Affidavit certifying the construction and placement of wireless facilities meets the provisions of the Federal Communications Act, 47 U.S.0 332, 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 districts. ❑ 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 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. Page 10 of 10 Special Use Permit Application — Updated 10-2025 EXHIBIT "A" Legal Description An interest in land, said interest being over a portion of the following described parent parcel; Beginning at an iron pipe, said pipe being located South 2 degrees 21 minutes 45 seconds West for 85 feet and then South 84 degrees 53 minutes East for 32.83 feet from the Northwest corner of a tract of land designated the Cuffie Davis (Exception) on a survey map made by Robert H. Goslee of the C.M. Kerr Estate as recorded in Map Book 17 at Page 7 of the New Hanover County Registry, thence running from said beginning point South 84 degrees 53 minutes East for 388 feet to a pipe, thence running South 3 degrees 1 minute West for 411.5 feet to a pipe in the run of Spring Branch, thence down the run of Spring Branch South 89 degrees 45 minutes West for 239.35 feet to a point, thence continuing down the run of Spring Branch South 74 degrees West for 157.26 feet to an iron pipe, thence North 3 degrees 1 minute East for 490.7 feet to the point of beginning. AND BEING a portion of the same property conveyed to Christopher Lee Dale from Sarah L. Davis by Warranty Deed dated March 16, 2021 and recorded March 18, 2021 in Deed Book 6425, Page 1512. Tax Parcel No. R02500-001-009-000 ►f�'t� LIMITED LIABILITY COMPANY ANNUAL REPORT f NAME OF LIMITED LIABILITY COMPANY: Optima Towers IV, LLC SECRETARY OF STATE ID NUMBER: 1331 169 STATE OF FORMATION: SC REPORT FOR THE CALENDAR YEAR: gng.ri SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: .Joe Tav 2. SIGNATURE OF THE NEW REGISTERED AGENT. E - Fled Annual Report 1331189 CA202506502082 316/2025 11:04 ❑ Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 16 North Sth Avenue Wilmington, NC 28401-4537 New Hanover County 16 North 5th Avenue Wilminaton, NC 28401-4537 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: (;alit tlar tnwar rantal 2. PRINCIPAL OFFICE PHONE NUMBER: (843) 324-9745 3. PRINCIPAL OFFICE EMAIL: Privacv Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 886 Johnnie Dodds Boulevard, Suite 104 Mount Pleasant, SC 29465-2041 5. PRINCIPAL OFFICE MAILING ADDRESS PO Box 2041 Mount Pleasant, SC 29465-2041 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: Stephen K Powell NAME. TITLE: Manadina Member TITLE: ADDRESS: 886 Johnnie Dodds Boulevard, Suite 104 Mount Pleasant, SC 29464 ADDRESS: NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Stephen K Powell 3/6/2025 SIGNATURE Form must be signed by a Company Official listed under Section C of This Form, Stephen K Powell Managing Member DATE Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division. Post Office Box 29525, Raleigh, NC 27626-0525 Print Forth NEW HANOVER COUNTY r z PLANNING & LAND USE wj AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: l . Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Name Yates & Joe Taylor Company lellman Yates / Murchison Taylor & Gibso Address 6 North 5th Avenue City, State, Zip lilmington, NC 28401 Property Owner(s) Owner Name .hristopher Dale Owner Name 2 Address 506 Angus Drive City, State, Zip :astle Hayne, NC 28429 Phone Phone 10-763-2426 a10-471-1996 Email Email y@hellmanyates / jtaylor@murchisontaylo:;dale@3232@yahoo.com Case Number Reference: Date(Time received: 24 This document was willfully executed on the T Christopher Dale caner 1 Signature October day of Owner 2 Signature Subject Property Address 516 Angus Drive City, State, Zip �! astle Hayne, NC 28429 Parcel ID R02500-001-009-000 Received by: 25 120 09/ 14