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HomeMy WebLinkAboutS26-01 BOC Staff SummaryS26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 1 of 17 STAFF SUMMARY FOR S26-01 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S26-01 Requests: Wireless Support Structure (Cell Tower) requires a Special Use Permit in the R-20 district Applicant: Property Owner(s): Jonathan Yates with Hellman Yates on behalf of Optima Towers IV Christoper Dale Location: Acreage: 3516 Angus Drive, Castle Hayne 3.9 PID(s): Comp Plan Place Type: R02500-001-009-000 General Residential Existing Land Use: Proposed Land Uses: Vacant land/Undeveloped Wireless Support Structure Current Zoning: R-20, Residential SURROUNDING AREA LAND USE ZONING North Across Angus Drive- Manufactured Home and Single-Family Homes R-20 East Agriculture/Undeveloped R-20 South Vacant Land/Undeveloped R-20 West Vacant Land/Undeveloped R-20 Ca s t l e H a y n e R o a d Subject Parcel S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 2 of 17 ZONING HISTORY July 1, 1974 Originally zoned R-20, Residential (Area 10A) COMMUNITY SERVICES Water/Sewer Public water and sewer are 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, Wrightsboro Station Recreation Northern Regional Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation New Hanover County GIS shows there may be a small amount of the Swamp Forest Conservation Resource on the site, but it appears to be less than the 5- acre minimum required to trigger conservation resource Historic No known historic resources Archaeological No known archaeological resources Ca s t l e H a y n e R o a d Subject Parcel S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 3 of 17 APPLICANT’S PROPOSED PLANS Site Plan with Staff Markup • The applicant is requesting a special use permit to construct a new 185-foot monopole tower. • The site plan shows the tower oriented in the center of the site south of the existing overhead powerlines on the north of the property. • The site is located on approximately 3.9 acres on Angus Drive in Castle Hayne, off Chair Road. • Site is accessed from Angus Drive, an unimproved Road. Records from the Register of Deeds indicate Angus Drive was established in or around 1927. N Access and Maintenance Easement Proposed Driveway Powerline Easement Tower Fall Zone Proposed 185’ Wireless Tower S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 4 of 17 Equipment Compound for Proposed Wireless Support Structure • The equipment compound is proposed within a 60 foot by 60 foot fenced compound surrounded by a 25-foot wide landscaping buffer. Landscape Buffer Tower Site Proposed Driveway Leased Area Fenced Equipment Compound S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 5 of 17 Monopole Elevation • The proposed tower is 180 feet in height with a 5-foot lightning rod, for a total height of 185 feet. • The applicant does not propose any method to conceal or camouflage the facility. 180 Foot Tower Height 5 Foot Lightning Rod 4 Wireless Carriers S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 6 of 17 ZONING CONSIDERATIONS • New wireless support structures are permitted in the R-20 district with the approval of a Special Use Permit and are subject to supplemental standards in 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. • UDO Section 4.3.3.C.6.c.5 states that wireless support structures located within general residential districts (including R-20) shall be required to utilize faux tree stealthing except: o 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. o Or if exempted as a condition of approval by the Board of Commissioners during the quasi-judicial public hearing. • The applicant is aware of the stealth requirement and conducted a balloon test, providing simulated photographs from different locations around the site. While the nearby area is primarily wooded, staff did note that portions of the top of the tower appear to be visible in the tower simulation photos. Tower Visibility Simulation from Balloon Test This is 1 of 9 photosimulations, all of which are included in the application. • The applicant is requesting the board to waive the stealth requirement under either or both of the provisions of Section 4.3.3.C.6.c.5. S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 7 of 17 • Setbacks for wireless support structures over 90 feet tall must be equal to the height of the tower. The height of the proposed tower, including the lightning rod, is 185 feet. The proposed site plan shows the proposed tower is a minimum of 185 feet from all property lines. • In accordance with NC General Statute 160D-932, the Board of Commissioners may not base a decision on a new wireless support structure on public safety implications of radio frequency emissions. • Per UDO Section 5.2.2, every structure erected or moved shall be located on a lot adjacent to a road constructed in accordance with applicable county standards in place at the time, or to a right-of-way or easement which was platted and recorded prior to 1969. o Per a plat recorded in the New Hanover County Register of Deeds Map Book 2, Page 79, Angus Drive existed as a road in April 1927. • As proposed, the site plan meets all other the requirements of Section 4.3.3.C of the UDO. • If approved, the project would be subject to technical review and zoning compliance processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 8 of 17 AREA DEVELOPMENT S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 9 of 17 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow for a maximum of 7 single family homes under a performance residential subdivision. PROPOSED ACCESS Primary Access Angus Drive (Unimproved Road off Chair Rd) EXISTING ROADWAY CHARACTERISTICS Affected Roadways Angus Road Chair Road Type of Roadways Local Road Local Road S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 10 of 17 Roadway Planning Capacity (AADT) Data not available 15,936 Latest Traffic Volume (AADT) - 2023 Data not available Data not available Latest WMPO Point-in-Time Count (DT) Data not available near subject parcel Data not available near subject parcel Current Level of Congestion Data not available Data not available Sources Wilmington Urban Area Metropolitan Planning Organization NEARBY NCDOT STIP ROADWAY PROJECTS U-5863 – Castle Hayne Road Improvements - Widen Castle Hayne Road into multi-lanes from I-140 to Division Drive. - The roadway project is currently proposed as a divided facility with a median, but this has not been finalized. TRAFFIC GENERATION Traffic Generation by Present Designation* Traffic Generated by Proposed Project Potential Impact of Proposed Project AM Peak Hour Trips 5 0 -5 PM Peak Hour Trips 7 0 -7 Assumptions *Existing Conditions: Vacant. Traffic Generation numbers are based on 7 single family homes, possible under a performance residential subdivision. Proposed Use – Wireless support tower Sources Source of Trip Generation: ITE Trip Generation Manual, 11th ed TRAFFIC IMPACT ANALYSIS (TIA) The site’s projected traffic does not exceed the 100 peak-hour trips that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY This project proposes a new wireless support tower on a residential parcel, which is accessed by Angus Drive, a dirt road. Angus Drive is accessed off Chair Road, which is an NCDOT maintained local road. Wireless support structures generate little to no traffic aside from occasional maintenance vehicles traveling to and from the site. This site does not meet the threshold to trigger a TIA. S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 11 of 17 ENVIRONMENTAL • The property is not within a Natural Heritage Area or a Special Flood Hazard Area. • The property is within the Dock Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (Moderate Limitation) soils and Class IV (Unsuitable); however, the site is not expected to use water or septic systems. • Public water and sewer are not available in this area. OTHER CONSIDERATIONS Context and Compatibility • This area is largely rural and residential. Angus Drive is a dirt road dating back to at least 1927. • The applicant’s tree survey shows that while several significant trees in the center of the site may need to be removed for essential site improvements, the perimeter of the site will remain wooded and undisturbed. • 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. • The UDO requires wireless support structures in residential areas to be camouflaged through faux screening. The Board of Commissioners has the option to exempt the applicant from the camouflaging requirement. • Photos from the required balloon test simulate the tower’s anticipated visual impact. In some of the images provided in the exhibits with the application, the top of the tower can be seen over the trees from some angles. • While the site is not very far from the River Bluffs Planned Development west of I-140, balloon photos show that the tower would not be visible from west of I-140. • The lots along the southern part of Angus Drive, where this lot is located, have electric transmission towers running through them, which is an existing visual impact to the area. • Aside from the planned applicant request to the Commissioners for the camouflaging exemption, the site currently complies with the requirements of the UDO and no changes are proposed to the site. S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 12 of 17 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 General Residential Place Type Description General Residential: Focuses on lower-density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low-density multi-family, residential, light commercial, civic, and recreational. Analysis The intent of the General Residential place type is to provide lower-density housing and associated civic or commercial uses. 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. Proposed Conditions 1. The applicant has requested the Board of Commissioners approve a condition to exempt the facility from the UDO’s faux tree concealment requirement. S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 13 of 17 EXAMPLE MOTION Staff does not provide a recommendation for Special Use Permits however staff has compiled information to assist the Board in their decision making to determine the appropriate Findings of Fact to Date. Based on the evidence presented to the Board, one of the following motions could be made: Example Motion for Approval: Motion to approve the permit 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 and additional evidence presented at the public hearing. OPTIONAL (if conditions have been identified that will bring the proposal in line with the required conclusions.) Subject to the following conditions agreed to by the applicant: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Example Motion for Denial: Motion to deny the permit because the Board cannot find (choose all that apply): a. That the use will not materially endanger the public health or safety if located where proposed (for the following reason(s)): ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ b. That the use meets all required condition and specifications (for the following reason(s)): ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity (for the following reason(s)): S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 14 of 17 ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 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 (for the following reason(s)): ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT After an analysis of the proposed use and the information provided as part of the application package staff has compiled the facts provided in the application and identified through staff technical review and analysis. They are organized by the applicable conclusion. These findings are preliminary and additional relevant facts may be presented during the public hearing. Compiled facts may or may not support the Board’s conclusion. 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. Compiled Facts May or May Not Support the Board’s Conclusion Relevant Findings of Fact Presented to Date A. Public water and sewer infrastructure are not available but are not necessary for the proposed use. B. The property is located in the New Hanover County Northern Fire Service District. C. Access to the tower site will be provided by a gated access and maintenance easement off Angus Drive. D. The subject site does not host any known cultural or archaeological resources. E. New Hanover County Conservation Resources Map indicates that a small amount of swamp forest may be present on the site. However, the amount of the resource noted on the site is less than the five-acre minimum to trigger Conservation Resource Standards, and the area is outside the limits of disturbance on the site. F. The proposed use will generate an estimated 5 trips per month for maintenance purposes resulting in virtually no additional traffic. S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 15 of 17 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-20, Residential zoning district provided that the project meets the standards of Section 4.3.3.C 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 185-foot-tall tower will be more than 185 feet 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. At this time, the applicant has not proposed signage on the tower. E. 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. F. Section 4.3.3.C.6.a.2 requires that wireless support structures 150 feet in height or less shall be engineered to accommodate a minimum of one additional provider. The proposed tower is 185 feet tall and has been designed to accommodate a total of four providers’ antennae and equipment, meeting this ordinance requirement. G. 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. H. Section 4.3.3.C.6.a.4 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. I. 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. The applicant conducted balloon tests to show the visibility of the structure’s proposed height. There are S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 16 of 17 some images included in the exhibits in the application that show the top of the tower would be visible from certain vantage points. J. Section 4.3.3.C.6.c.3 requires that wireless support structures be monopole or unipole construction. The proposed pole is of monopole construction. K. Section 4.3.3.C.6.c.4 requires that 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 applicant’s site plan and tower detail shows this requirement is met. L. Section 4.3.3.C.6.c.5 requires that 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. The UDO allows the Board of Commissioners to exempt the applicant from this requirement as a condition of approval on the Special Use Permit. The applicant has not proposed any faux tree screening on the tower and is requesting this exemption from the Board of Commissioners. 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 on Angus Drive. 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 Swamp Forest Conservation Resource may be present on the site. Non- residential projects disturbing less than 1 acre are exempt from Section 5.7 Conservation Resources. C. The nearest residential structures range from approximately 350 feet to the northeast of the proposed tower location. D. The predominant land use in the immediate vicinity of the subject site is forested with few residentially developed lots. E. A 25 foot wide buffer surrounding the tower base and equipment compound will provide visual screening. F. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. S26-01 Staff Summary – Board of Commissioners 4-6-2026 Page 17 of 17 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. There is a 130 foot wide electric easement on the northern side of the property. Power lines run across this part of the property but would not interfere with the proposed wireless tower. B. The site is bounded by vacant residentially zoned property to the east, west, and south. To the north, across Angus Drive north, east, and south and the new Military Cutoff Extension to the west. C. The nearest dwelling is located approximately 350 feet from the site. D. The predominant land use in the immediate vicinity of the subject site is forested and light agricultural land with few residentially developed lots. E. The Comprehensive Plan classifies the property as General Residential which focuses on lower-density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low-density multi-family, residential, light commercial, civic, and recreational. 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.