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HomeMy WebLinkAboutS26-02 BOC Staff ReportS26-02 Staff Report – Board of Commissioners 6-1-2026 Page 1 of 16 STAFF REPORT FOR S26-02 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S26-02 Request: Wireless Support Structure (Cell Tower) requires a Special Use Permit in the R-15 district Applicant: Property Owner(s): Thomas Johnson and Anthony Bologna with Williams Mullen on behalf of Southeastern Enterprises, Inc. and EIP Holdings IV, LLC Southeastern Enterprises, Inc. Location: Acreage: 613 Valley Brook Road 5.95 PID(s): Comp Plan Place Type: R08500-002-070-000 General Residential Existing Land Use: Proposed Land Uses: Vacant land/Undeveloped Wireless Support Structure Current Zoning: R-15, Residential SURROUNDING AREA LAND USE ZONING North The Cape Subdivision Open Space (former golf course) R-15 East Detached Single Family Homes in the Telfair Forest Subdivision R-15 South Telfair Summit Subdivision Open Space R-15 West Dual Unit Attached Single Family Homes in the Telfair Summit Subdivision R-15 S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 2 of 16 ZONING HISTORY July 1, 1974 Originally zoned R-20, Residential (Area 10A) August 2, 2021 Special Use Permit S21-03 was approved for a wireless tower. COMMUNITY SERVICES Water/Sewer Public water and sewer are available through CFPUA. Proposed use will not require water or sewer service. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, Federal Point Station Recreation Halyburton Memorial Park, Carolina Beach State Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation New Hanover County GIS indicates there are pocosin conservation resources underlaid by Class IV soils, however, Section 5.7.2.C.2 exempts commercial, industrial, office or institutional development involving a land disturbance of less than one acre in area from the requirements of Section 5.7, Conservation Resources. Historic No known historic resources Archaeological No known archaeological resources S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 3 of 16 APPLICANT’S PROPOSED PLANS Site Plan with Staff Markup  The applicant is requesting a special use permit to construct a new 130-foot monopole wireless tower.  The site plan shows the tower oriented in the center of the 3.9-acre site.  The property is between the Telfair Forest subdivision to the east and Telfair Summit subdivision to the west and accessed from Valley Brook Road, a paved private road. N Proposed Driveway Proposed Tower S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 4 of 16 Equipment Compound for Proposed Wireless Support Structure  The 100-foot by 100-foot lease area includes a 42-foot by 40-foot fenced equipment compound surrounded by a 25-foot-wide landscape and tree retention buffer.  The site plan proposes to preserve existing trees within the buffer however additional planting may be required to meet the 100 percent opacity requirement of Section 4.3.3.C.6.a.1. Leased Area Landscape Buffer Tower and Tower Compound S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 5 of 16 Monopole Elevation  The proposed tower is 130 feet tall with spaces for three wireless carriers inside a cannister enclosure.  Antennas on wireless towers must be both concealed and camouflaged. While the cannister enclosure meets concealment requirements the application does not propose any method of camouflage for the tower. Applicants may request an exemption from the camouflage requirements of Section 4.3.3.C.6.c.5.i from the Board of Commissioners as a condition of approval. 130 Foot Tower Height 3 Wireless Carriers Cannister Enclosure S26-02 Staff Report – Board of Commissioners 6-1-2026 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 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-15) 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. Tower Visibility Simulation from Balloon Test from a position facing south towards the tower. This is 1 of 7 photosimulations, all of which are included in the application.  The applicant is requesting the board waive the stealth requirement under either or both provisions of Section 4.3.3.C.6.c.5.  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 130 feet. The proposed site plan shows the proposed tower is a minimum of 130 feet from all property lines. S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 7 of 16  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.  As proposed, the site plan meets all other of 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. AREA DEVELOPMENT S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 8 of 16 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow for a maximum of 15 single family homes under a performance residential subdivision. PROPOSED ACCESS Primary Access Valley Brook Drive (private road) EXISTING ROADWAY CHARACTERISTICS Affected Roadways Valley Brook Road Carolina Beach Road Type of Roadways Local Road S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 9 of 16 Roadway Planning Capacity (AADT) Data not available 34,000 Latest Traffic Volume (AADT) - 2023 Data not available 41,368 Latest WMPO Point-in-Time Count (DT) Data not available 32,001 (April 2025) Current Level of Congestion Data not available Above Capacity 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 13 0 -13 PM Peak Hour Trips 17 0 -17 Assumptions *Existing Conditions: Wooded parcel. Traffic Generation numbers are based on 15 single family homes in 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 the dead-end private road Valley Brook Road. Valley Brook Road is restricted to right-in, right-out access only onto Carolina Beach 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. S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 10 of 16 ENVIRONMENTAL  Portions of the property are within the AE Special Flood Hazard Area, however the project area for the tower is not within a special flood hazard area.  The site plan indicates the project area and most of the site is in regulated wetlands. The Army Corps of Engineers stated a new verification request to use a nationwide permit is expected for the project.  The property is not within a Natural Heritage Area.  The property is within the Telfair Creek watershed.  Public water and sewer are not available in this area and the Classification of Soils in New Hanover County for Septic Tank Suitability indicates soils on the property consist of Class IV (Unsuitable) soils; however, the site is not expected to need a well or septic system.  The New Hanover County Conservation Resources map indicates there are pocosin conservation resources underlaid by Class IV soils, however, Section 5.7.2.C.2 exempts commercial, industrial, office or institutional development involving a land disturbance of less than one acre in area from the requirements of Section 5.7, Conservation Resources. OTHER CONSIDERATIONS Context and Compatibility  A special use permit for a similar wireless tower project was approved in 2021; however, the developers allowed the special use permit to expire. Since then, the standards for wireless towers have been updated to require camouflage features unless they are exempted by the Board of Commissioners.  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 tower can be seen from multiple locations in nearby residential subdivisions.  Other than the applicant’s request for an exemption from the faux tree camouflage, the site complies with the requirements of the UDO as submitted and no additional changes are proposed to the site. S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 11 of 16 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. Applicant Proposed Condition 1. As an exemption to Section 4.3.3.C.6.c.5.i of the New Hanover County Unified Development Ordinance: In lieu of a faux structure, the tower shall be a monopole and all antenna arrays on the tower shall be enclosed with a concealment shade. S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 12 of 16 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 with the following condition: 1. As an exemption to Section 4.3.3.C.6.c.5.i of the New Hanover County Unified Development Ordinance: In lieu of a faux structure, the tower shall be a monopole and all antenna arrays on the tower shall be enclosed with a concealment shade. 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)): ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 13 of 16 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)): ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 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. Compiled Facts May or May Not Support the Board’s Conclusion Relevant Findings of Fact Presented to Date 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 are available but are not necessary for the proposed use. B. The property is located in the New Hanover County Southern Fire Service District. C. Access to the tower site will be provided by the private road Valley Brook Road. D. The site does not host any known cultural or archaeological resources. E. New Hanover County GIS indicates there are pocosin conservation resources underlaid by Class IV soils, however, Section 5.7.2.C.2 exempts commercial, industrial, office or institutional development involving a land disturbance of less than one acre in area from the requirements of Section 5.7, Conservation Resources. F. The proposed use will generate an estimated 5 trips per month for maintenance purposes resulting in minimal additional traffic. S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 14 of 16 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. 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 130-foot-tall tower will be more than 130 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.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 a balloon test to show the visibility of the structure’s proposed height. Images included in the application that show the tower would be visible from certain vantage points. 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 feet in height or less shall be engineered to accommodate a minimum of one additional provider. The proposed tower is 130 feet tall and has been designed to accommodate a total of three 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 S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 15 of 16 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. 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 proposed antennae will be enclosed within a cannister meeting this requirement. 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 prepared to ask the Board of Commissioners for this exemption. 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 wooded parcel on Valley Brook 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 400 feet to the east and 750 feet to the west of the proposed tower location. D. The predominant land use in the immediate vicinity of the site is detached and dual unit attached single family dwelling units. E. A 25-foot-wide buffer surrounding the tower base and equipment compound will provide visual screening for the equipment compound. F. The applicant provided an impact study report by a NC Certified General Real Estate Appraiser stating the proposed development will not substantially injure the value of adjacent or abutting properties and will not be detrimental to the use or development of adjacent properties or other neighborhood uses. S26-02 Staff Report – Board of Commissioners 6-1-2026 Page 16 of 16 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 a wooded parcel located between two residential developments. B. The site is bounded by residential development to the east and west with dedicated open space for adjacent developments to the north and south. C. The nearest dwelling is located approximately 400 feet from the site. D. The primary land uses in the immediate vicinity are detached and dual unit attached single- family residential. 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.