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HomeMy WebLinkAboutS26-02 Planning Board Staff SummaryS26-02 Staff Summary – Planning Board 5-7-2026 Page 1 of 12 STAFF SUMMARY 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 Summary – Planning Board 5-7-2026 Page 2 of 12 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 Summary – Planning Board 5-7-2026 Page 3 of 12 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 Summary – Planning Board 5-7-2026 Page 4 of 12 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 Summary – Planning Board 5-7-2026 Page 5 of 12 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 Summary – Planning Board 5-7-2026 Page 6 of 12 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 Summary – Planning Board 5-7-2026 Page 7 of 12 • 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 Summary – Planning Board 5-7-2026 Page 8 of 12 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 Summary – Planning Board 5-7-2026 Page 9 of 12 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 Summary – Planning Board 5-7-2026 Page 10 of 12 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 Summary – Planning Board 5-7-2026 Page 11 of 12 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 c ommunity. 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 Summary – Planning Board 5-7-2026 Page 12 of 12 PRELIMINARY FORUM The Planning Board does not make a decision or recommendation on special use permits. The board is requested to hear the presentation of staff, the applicant, and the public to facilitate an open and transparent discussion of the special use permit applica tion. Questions and comments related to the following topics are encouraged: • Components of the proposal that are not clear or where additional information is needed to understand the project, • Advice to the applicant on the presentation they will be giving to the Board of Commissioners, • Advice to the parties speaking in opposition on what they may want to consider when preparing for the Board of Commissioners meeting, and • Advice to both parties on potential issues that should be addressed before the public hearing. Following the Preliminary Forum the special use permit will be scheduled for the June 1 Board of Commissioners meeting for a quasi-judicial hearing. There are four principal conclusions the Board of Commissioners must make when considering a special use permit request based on clear, substantial evidence presented at the hearing. • 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. • Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. • 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. • 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 Ne w Hanover County.