HomeMy WebLinkAbout033-22 (CUPKimerlyHenry) FrederAck County Board of Supervisors
Resolution Denying Conditional Use Permit Application Number 06-22
(Kimerly Henry)
November 9, 2022
Page I
Action:
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BOARD OF SUPERVISORS: November 9, 2022 Adopted
RESOLUTION
Denying Conditional Use Permit Application Number 06-22 of
Kimerly Henry for a 180-foot Monopole Type Communication Tower,
on Property Identified as Tax Parcel Number 54-A-97F,
in the Stonewall Magisterial District
WHEREAS, on August 17, 2022, Kimerly Henry ("the Applicant") submitted
Conditional Use Permit Application Number 06-22 ("the Application"), requesting
approval of a Conditional Use Pennit, pursuant to Frederick County Code § 165-204.19,
for a 180-foot monopole type communications tower ("the Tower"), on property
identified as Tax Parcel Number 54-A-97F ("the Property"), in the Stonewall Magisterial
District; and
WHEREAS, the Applicant included with the Application a supplementary letter,
dated July 20, 2022, accompanied by supplementary information, a copy of which letter
and supplementary information is attached hereto for convenience, and with page
numbering(Supp. 001 --Supp. 020)provided by staff for reference; and
WHEREAS, the Frederick County Planning Commission conducted a public
hearing on the Application on September 21, 2022, and forwarded the Application to the
Board of Supervisors, with proposed conditions; and
WHEREAS, the Board of Supervisors conducted a public hearing on the
Application on October 12, 2012; and
WHEREAS, the Applicant has provided an additional supplementary letter, dated
October 31, 2022, accompanied by additional supplementary information, a copy of
which letter and supplementary information is attached hereto for convenience, and with
page numbering (Supp. 021 — Supp. 032) provided by staff for reference; and
Res. No. 033-22
Frederick County Board of Supervisors
Resolution Denying Conditional Use Permit Application Number 06-22
(Kimerly Henry)
November 9, 2022
Page 2
WHEREAS, approval of a conditional use permit for a commercial
communications tower is expressly subject to § 165-103.01 of the Frederick County
Code, which requires separate consideration of such use to protect the health, safety, and
welfare of the residents of the County and to avoid adverse iinpacts on surrounding
properties, § 165-103.02 of the Frederick County Code, which requires, among other
things, that the use not tend to change the character and established pattern of
development of the area of the proposed use, be in harmony with and not adversely affect
the use and enjoyment of surrounding properties, and not adversely affect the natural
character and environment of the County, and § 165-204.19 of the Frederick County
Code, which provides that adjoining properties, surrounding residential properties, and
land use patterns not be negatively impacted; and
WHEREAS, the Property is adjacent to properties that are in the Residential
Performance (RP) Zoning District and that are in active use for single-family residential
purposes and, as such, placement of the Tower on the Property would be out of character
with, inconsistent with, not in hannony with, and negatively impact those uses; and
WHEREAS, the height of the Tower, 180 feet, is significantly greater than
existing structures in its immediate vicinity, including every existing structure on parcels
adjacent to or immediately across a street from the Property, and therefore placement of
the Tower on the Property would be incompatible with and out of scale with those
structures; and
WHEREAS, the Applicant has failed to propose meaningful measures to mitigate _
the impact of the Tower, such as features to screen or otherwise limit the visibility of the
Tower, the Applicant instead focusing almost entirely on safety practices and standards
related to the design, construction, and maintenance of the Tower, many of such practices
and standards already being requirements of applicable federal, state, and/or local laws,
ordinances, and/or regulations, or being default industry practices and standards that are
already generally followed and that do not represent efforts tailored to address the
specific impacts of the Tower, as opposed to regarding towers generally, (Supp. 032); and
WHEREAS, the Applicant provides a number of technical opinions regarding
communication network operations, coverage areas, and the viability of different
potential co-location sites, (Supp. 001-002, 011-012, 022-025, and 027-028), but offers
no evidence of the foundation for such opinions, such as his previous or existing business
or technical experience related to communications networks, or that of any person, whose
identity the Applicant has not disclosed in any event, providing such opinions, sufficient
to substantiate qualification to express the opinions, nor does the Applicant identify the
type and/or appropriateness of any equipment and/or devices used, and the data inputs
used, to develop the opinions; and
Res. No. 033-22
Frederick County Board of Supervisors
Resolution Denying Conditional Use Permit Application Number 06-22
(Kimerly Henry)
November 9, 2022
Page 3
WHEREAS, the Applicant has failed to provide a clear explanation of the size of
the search area for placement of a tower, having provided a snap showing an area with a
one-half mile radius (therefore representing an area of 0.79 square miles), but denoting
that snap as "3 Mile Search area Map", (Supp. 004), having provided a list titled "FCC
Search for Towers in proximity" showing six existing towers, (Supp. 005), the closest of
which (325 Broad Avenue) is located approximately three miles fi-om the Property, and
having indicated that one site (193 Eddys Lane) is located outside his search radius, at
3.42 miles, (Supp. 026), and that another (143 Greenwood Road) is located within his
search radius, at 1.76 miles, (Supp. 027); and
WHEREAS, relative to possible co-location sites at 1216 Berryville Avenue, 111
Dodge Avenue (the Applicant incorrectly identifies this site as 207 Dairy Corner Lane),
143 Greenwood Road, 220 Imboden Drive, and 103 East Piccadilly Street, the Applicant
has provided inadequate evidence of their lack of viability and of efforts to contact the
owners of such sites, generally only having sent unsolicited letters, with no evidence of
receipt of the same or of reasonable efforts to follow up by other means, such as by
contact with any business and/or finance representatives of the owners, as follows:
• 1216 Berryville Avenue — the Applicant offers only an opinion, without
adequate expert substantiation, that the site is not usable for his purposes,
(Supp. 025); and
• 111 Dodge Avenue — the Applicant asserts only that he sent one unsolicited
letter to the owner of the adjacent property (207 Dairy Comer Place), Nghiem
Minh Viet-Huong Huynh Yen7Thi Kim, with no evidence of receipt of the
same or of reasonable efforts to follow up by Ietter to and by other means,
such as by contact with any business and/or finance representatives of, the
owner of the correct site, (Supp. 009 and 024); and
• 143 Greenwood Road — the Applicant asserts that he made a telephone call to
an 800 number posted at the site, without indicating that the number is for
business and/or finance representatives of the owner, and a telephone call to
the "main number" for Verizon, without success, and further offers an
opinion, without adequate expert substantiation, that the site is not usable for
his purposes, (Supp. 027); and
• 220 Imboden Drive—the Applicant had contact with Shentel, the owner of the
tower at this site, who indicated potential availability for co-location there,
(Supp. 029), and, in the AppIicant's submission of October 31, 2022, to the
County, he indicated that he "immediately created a coverage study" and that
"Earlier I submitted the study", (Supp. 028), but the County in fact has
received from the Applicant no such documentation of the same; and
Res. No. 033-22
Frederick County Board of Supervisors
Resolution Denying Conditional Use Permit Application Number 06-22
(Kimerly Henry)
November 9, 2022
Page 4
• 103 East Piccadilly Street — the Applicant asserts that he sent two unsolicited
letters to the "George Washington Hotel", with no evidence of receipt of the
same or of reasonable efforts to follow up by letter and by other means, such
as by contact with any business and/or finance representatives of the owner,
and further offers an opinion, without adequate expert substantiation, that the
site is not usable for his purposes, (Supp. 025); and
WHEREAS, an application by the Applicant may be approvable were it
supported by, among other things, qualified expert opinions and evidence of sufficient
efforts to co-locate at existing sites, and were the Applicant to propose meaningful
measures to mitigate the impact of the Tower, such as features to screen or otherwise
limit the visibility of the Tower, or, otherwise, were the Applicant to propose a
communications tower for a different location that could serve the relevant area; and
NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing
grounds, including but not limited to the numerous shortcomings of the Application and
of the supplementary information provided, and based on such other grounds as are
evidenced in staff reports and as were presented at the public hearings and public
meetings at which this matter was considered, and such grounds as are evident from a
common understanding of the Property and its environs, the Frederick County Board of
Supervisors does hereby deny the Application, pursuant to Frederick County Code §
165-204.19, for a 1$0-foot monopole type communications tower, on property identified
as Tax Parcel Number 54-A-97F, in the Stonewall Magisterial District.
Passed this 9th day of November, 2022 by the following recorded vote:
Charles S. DeHaven, Jr., Chain-nan No Shawn L. Graber No
J. Douglas McCarthy Aye Blaine P. Duiu1 Aye
Robert W. Wells Aye Josh Ludwig No
Judith McCann-Slaughter Aye
A COPY ATTEST
Michael L. BoIlh fer
Frederick Count Administrator
Res, No. 033-22
co
CONDITIONAL USE PERMIT #06-22
w Kimerly G. Henry Wireless Telecommunication Tower
w Staff Report for the Board of Supervisors
® � Prepared: October 26, 2022
,�1k;LN(
1738 Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 09/21/22 Recommended Approval
Board of Supervisors: 10/12/22 Postponed
Board of Supervisors: 11/09/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for Kimerly G. Henry to allow for the
construction of a 180-foot monopole-type commercial telecommunication tower. Should the
Board of Supervisors find this application for a wireless telecommunication tower to be
appropriate, the Planning Commission recommended that the following conditions be attached to
the CUP.
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall not exceed 180-feet in height.
3. The tower shall be available for collocating personal wireless service providers.
4. A minor site plan shall be approved by Frederick County.
5. The tower shall be removed by the Applicant or the property owner within twelve (12)
months of abandonment of operation.
6. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit,the CUP will be deemed invalid.
7. Any expansion or modification of this use will require a new Conditional Use Permit.
Following this public hearing, a decision regarding this Conditional Use Permit application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
Page 2
CUP 906-22, Kimerly G. Henry Wireless Telecommunication Tower
October 26, 2022
LOCATION: This property fronts Fort Collier Road, the rear abuts Baker Lane and adjacent of
the Winchester Eagles Club.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54-A-97F
PROPERTY ZONING& PRESENT USE: Zoned: B2 (General Business) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B3 (Industrial Transition) Use: Vacant
South: B2 (General Business) Use: Fraternal Lodge
East: RP (Residential Performance)Use: Open Space
West: B2 General Business) Use: Commercial
PROPOSED USE: This is a request for a Conditional Use Permit to allow for a 180-foot
monopole-type commercial telecommunication tower.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 1200, (Baker Lane), the VDOT
facility providing access to the property. The current entrance to the site does not meet VDOT
criteria for a low volume commercial entrance. Once the entrance to the property is upgraded
(under VDOT Land Use Permit) to a low volume commercial entrance, VDOT could support the
CUP. Should the use expand in the future, the entrance will need to be reviewed, to determine if
additional improvements may be required.
Winchester-Frederick County Health Department: This lot is vacant. Has access to public
water and sewer. There is no septic or well. No potential encroachment with proposed tower.
No objections.
Frederick County Inspections: Please see attached comments form from Mark Fleet, Building
Oficial dated April 27, 2022.
Frederick County Fire Marshal: Plans approved.
Winchester Regional Airport: Please see attached letter from Nick Sabo, Executive Director
dated May 3, 2022.
Page 3
CUP 906-22, Kimerly G. Henry Wireless Telecommunication Tower
October 26, 2022
Frederick County Public Works: No comment.
Frederick Water: No comment.
City of Winchester: No comment.
Planning and Zoning: The Comprehensive Policy Plan of Frederick County ("Comprehensive
Plan") provides guidance when considering any land use action. This proposed 180-foot
monopole-type commercial telecommunication facility is located on a vacant 7.97 +/- acre
property that is zoned B2 (General Business) Zoning District. This property is within the Urban
Development Area (UDA) and Sewer Water Service Area (SWSA) identified within the
Comprehensive Plan; and is located within Eastern Frederick County Long Range Land Use
Plan. This area of the County is intended to remain commercial in nature.
The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in
the B2 (General Business) Zoning District with an approved Conditional Use Permit (CUP).
This proposed 180-foot monopole-type commercial telecommunication facility will be located
on property that is zoned B2. The properties adjacent to this proposed CUP are zoned B2/B3.
The nearest residential dwellings are approximately 1,000 feet to the west and east of this
property.
The zoning ordinance requires that all proposed telecommunication facilities be subject to
additional performance standards to promote orderly economic development and mitigate the
negative impacts to adjoining properties, residential properties, land use patterns, scenic areas
and properties of significant historic value.
Furthermore, the Frederick County Zoning Ordinance requires an Applicant to provide
confirmation that an attempt was made to collocate on an existing telecommunication facility,
and possible collocation structures. The Applicant has provided an inventory of existing
telecommunication facilities, and alleges no other telecommunication facility or viable
collocation structures exist in this area. Should this facility be approved this commercial
telecommunication facility could be positioned to provide the existing and future land uses in
this area of the County with telecommunication needs.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/21/22
MEETING: The Planning Commission voted 12-0 to forward this Conditional Use Permit
(CUP) for a 180-foot monopole-type commercial telecommunication tower to the Board of
Supervisors with the following conditions be attached to the CUP:
Page 4
CUP #06-22, Kimerly G. Henry Wireless Telecommunication Tower
October 26, 2022
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall not exceed 180-feet in height.
3. The tower shall be available for collocating personal wireless services providers.
4. A minor site plan shall be approved by Frederick County.
5. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
6. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
7. Any expansion or modification of this use will require a new Conditional Use Permit.
BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 10/12/22
MEETING:
The Board of Supervisors meeting held on October 11,2022 voted to table this application until
the Board of Supervisors November 9, 2022, meeting. This tabling of the application was for the
applicant to provide the following information:
• A further explanation of the search area used in siting the proposed tower, in particular,
the radius used (specifically, whether�/z mile, 3 miles, or some other distance) and
reasons regarding the specific radius used;
• Appropriateness of co-location at towers/antennae sites within the same distance or less
than those that the applicant identified on page 1 of his materials, including sites at or
near 1216 Berryville Avenue, 103 East Piccadilly Street, 193 Eddys Lane, 143
Greenwood Road, 220 Imboden Drive, and 1122 Ralph Shockey Drive;
• For sites appropriate for co-location,verified evidence of attempts to contact the owners,
such as return receipts and documentation of any responsive communications from the
owners of such sites;
• An affidavit—a document attested to before a notary public—by the applicant that he is
aware that he may be held responsible for the removal of the tower upon discontinuance
of its use for more than 12 months; and
• Any measures to mitigate the impact of the placement of the tower as proposed.
The applicant has provided additional information on the surrounding telecommunication towers
which is attached to this report.
Following this public hearing, a decision regarding this Conditional Use Permit application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
CUP # 06 - 22: Kimerly Henry
PIN: 54 - A - 97F
180' Wireless Communication Tower
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APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNT',VIRGINIA
1. Applicant(cheek one): Property Owner Other
NAME: Kimerly G. Henry
ADDRESS: 353 Lake Serene Drive Winchester Va 22603
TELEPHONE AND EMAIL ADDRESS:
561-214-3367 kimerlyghenry@gmail.com
2. Please list all owners,occupants,or parties in interest of the property:
Kim Henry
3. The property is located at: (please give exact directions and include the route number of
your road or street)
Fort Collier Road front, Back side Baker Lane. This property is a ajacent and _.
north of the Winchester Eagles Club. Currenty vacant
4. The property has a toad frontage of 368 feet and a depth of 831 feet and
consists of 7.966 acres. (Please be exact)
S. The property is owned by Kirner'ly G Henry as
evidenced by deed from Kimedy/Paula Henry (previous owner) recorded in
deed book two. 671 on page 710 __, as recorded in the records of the Clerk of the
Circuit Court,County of Frederick.
6. Property Identification Number(P.I.N.)�j- (A) 97F
Magisterial District Stonewall -- .— —
Current Zoning B2
7. Adjoining Property:
USE ZONING
North Vacant 133
East Leo Rossiter Residential
South Eagle Club 132
West Ridgeway Auto Repair 132
S. The type of use proposed is consult with the Planning Dept. before completing):
Communication Tower
9. Describe, if applicable, any new buildings to-be-constructed associated with this use:
Free standing tower
10. The following are all of the individuals, firms, or corporations owning property
adjacent to both sides and rear and in front of (across street from) the property
where the requested use will be conducted. (Continue on back if necessary.)
These people will be notified by mail of this application:
Name and Property Identification Number Address
NarneFraternal Order of Eagles 700 Baker Lane
Property#54-A-97T Winchester, VA 22603
NamePomme Properties, LLC 705 Singhass Road
Property#54-A-97G Winchester, VA 22602
NarneCastillo Saul Romero 742 Baker Lane
Property#54-A-97H Winchester, VA 22603
NarneRease Enterprise, LLC 750 Baker Lane
Property#54-A-971 Winchester, VA 22603
NarnePaula Henry P.O. Box 3282
Property#54-A-97U Bald Head island, NC 28461
NameLeo Rossiter 485Jackson Drive
Property#54-G-1-31 Capon Bridge, WV 26711
NameHuntington Meadows HOA 19 West Boscawen St
Property#54-L-11-53A Winchester, VA 22601
6
11. Please attach a sketch of the property. Show proposed and/or existing structures on the
property, including measurements to all property lines, site access, public and private
roads, and any other pertinent information specific to the desired use (such as parking).
A recorded plat is the best thing to use for this if available.
12. Please attach a written description of the proposed use including (as appropriate): hours
of operation, number of employees, number of customers anticipated, outdoor storage,
and any other pertinent information to address additional regulation for specific uses
contained in§165-204 of the Frederick County Zoning Ordinance.
I (we), the undersigned, do hereby respectfully make application and petition the governing body
of Frederick County, Virginia to allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed at the front property line at
least seven (7) days prior to the first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a Conditional Use Permit
authorizes any member of the Frederick County Planning Commission, Board of Supervisors or
Planning and Development Department to inspect your property where the proposed use will be
conducted.
*All owners listed on the property I sign the application.
Signature of Applic,
Signature of Owners)
Owners' Mailing Address 353 Lake Serene Drive Winchester Va 22603
Owners'Telephone No. 561-214-3367
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Tower,foundation,and related building and/or structures shall comply with the Virginia Building
Code.
Tower shall be designed in accordance with the provisions of the TIA-222 and shall be of
noncombustible material. Towers shall be located such that guy wires and other accessories
shall not cross or encroach upon any street or other public spaces,or over above-ground electric
utility lines without written consent. Access to the tower sites shall be limited as required by
applicable OSHA, FCC,AND EPA.
Section 102.3 Virginia Uniform Statewide Building Code(USBC)addresses the exempts
equipment, related wiring,and structures supporting the related wiring installed by a provider
of publicly regulated utility service or a franchised cable television operator and electrical
equipment and related wirirg used for radio, broadcast or cable television,telecommunications
or information service transmission. The exemption shall apply only if under applicable federal
and state law the ownership and control of the equipment and wiring is by the service provider
or its affiliates. Such exempt equipment and wiring shall be located on either public rights-of-
way or private property for which the service provider has rights of occupancy and entry;
however,the structures,including their service equipment,housing,or supporting such exempt
equipment and wiring shall be subject to the USBC. The installation of equipment and wiring
exempted by this section shall not create an unsafe condition prohibited by the USBC.The
replacement of or retro fitting of existing fiber distribution boxes falls under this exception as
well. Please note that the exemption of permitting does not apply to building structures
erected or remodeled on these sites.The tower,foundation and any other related
buildings/structures require permits.
s:\site plan comments\2018\tower cup.docx
Whwrty g (Henry
353 take Serene Drive
INWheOw, Urqihia 22603
July 20, 2022,
As per your guidance, I contacted the local tower
companies to investigate cooperation/colocation. After the
passing of a lengthy time period without response, I
followed up with a second enquiry. The only response was
from "Shentel". They informed me that they do have
available space on their Imboden lane tower, but at the
height of 117 Foot Agl.
My team seriously investigated the propagation mapping
for both locations and potential coverage based on
combined location and elevations. Unfortunately it turns
out this option is far from suitable for what we are trying to
achieve. As a reminder the site we are proposing has a
higher ground elevation which produces an almost 80 foot
gain. This translates to major gain when we are dealing
with line of sight technology. An 80 feet difference creates
a massive gap in the level of coverage achieved(See
figure 1 .1 and figure 1 .2 below)
The financial success of any telecommunication company
depends on population and signal coverage and level of services
offered. In the industry the term churn represents the customers
leaving your service for a competitor due to poor reception, dead
spots, and signal drops. The economics and financial success of
starting a new company with limited coverage is a recipe for
failure.
After careful analysis by my team and based on my previous
business success in this telecoms area, we have concluded that
the Shentel option is not feasible and would have a slim chance of
succeeding. I would recommend discarding this option and revert
to my original proposal. This would have the best offering for the
community with the highest chance of success.
Kimerly G Henry
Section 165-204,19 of the Frederick County Ordinance
Page 1.A map depicting the search area used in siting the proposed facility or
structure [Code of Virginia.
§ 15.2-2316.4:2(D); based on current§
165-204.19A(2)];
Page 2. Identification of all service providers and commercial
telecommunications facility infrastructure within the search area [Code of
Virginia, § 15.2-2316.4:2(D); based on current § 165-204.19A(3)];
Page 3-6. Confirmation that attempts to co-locate on existing structures have
been made and, if such attempts were unsuccessful, the reasons so [Code of
Virginia, § 15.2-2316.4:2(D); based on current § 165-204.19A(3)];
Page 7-10. Documentation issued by the Federal Communications
Commission indicating that the proposed facility is in compliance with the
Federal Communications Commission's established ANSI/IEEE standards for
electromagnetic field levels and radio frequency radiation [based on current§
165-204.19A(4)];
Page 11. An affidavit signed by the landowner and by the owner of the facility
or structure stating that they are aware that either or both of them may be held
responsible for the removal of the facility or structure as stated in Subsection
E [based on current§ 165-204.19A(5)]; and
Page 12. Certified radius fall certificate
Page 13. Proposed monopole drawing
Page 14. WISP Financial projections (does not include 5G financials)
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Kifnerly f Henry
353 Lake Serene Drive
Winchester, Virginia 22603
561-214-367
Shentel
108 S Main St
Edinburg,VA 22824
Tower space leasing department
June 1,2022
Sent via mail
Dear Sirs,
Available Space on your tower for co location
As part of Section 185-204,19 of the Frederick County Ordinance.I'm required to
Inquire about available leasing space on your Imboden Drive Winchester Tower.Could
you respond with your space availability and your current rates?Also,any other
pertinent information including your rental tower space policy.
I'm proposing a180 foot Monopole(39.1897959444,-78.1437710989)for my own
project.This tower will be In close proximity to your current facility and is located
between Baker lane and Fort Collier.If you have any questions please contact me at
kimerly h:�ren yftmail.com.Thank you in advance for your timely response
Thank you
Kimry
Page 3.
Kimerly 6 Henry
333 Lake Serene Drive
Winchester, Virginia 22608
361-214-367
NW*B4 MINH VIET=HUONO HUYNH YEN TM oOM
2512 ARUNOTON BLVD
ARUNOTON VA 22204-1871
Juno 1,2022
tient via pan
Dam,sksr
Available Space on yaw lower for cc loca8an
As part of Salton 165-204,19 of the Aradarick Gowdy Ordnance.run required to
*Ors about ambble Nsdng SPSCO on Your lfflb s Ortve Y adveeter Tower.Could
You respond web Your Space ovaNabl9ty mW your ourrad relos 7 Also,any od w
portent intommilon ki dudlnp your,andel tower W—poky.
I'm proposing 0180 toot Monopole{39.189796944#,-78.1437710989}for my own
projeaLTlIs tower win be In dose prom*ft to your aarerrt fadity and Is leafed
between Saks,lane and Fort Com H you haw any questions pleas conduct rex at
The*you In advance for your timely response
Thank ym
Kim Henry
Page 4
Kimerly G Henry
353 Lake Serene Drive
Winchester, Virginias 22603
561-214-367
Second request
NGHIEM MINH VIET HUONG HUYNH YEN THI KIM
2512 ARLINGTON BLVD
ARLINGTON VA 22204-1871
June 1,20222
Sent via mail
Dear Sirs,
Available Space on your roof top for 207 207 Dairy Comer PI,Winchester,VA 22602
As part of Section 165-204,19 of the Frederick County Ordinance.I'm required to
inquire about available leasing space on your 207 Dairy Comer PI,Winchester,VA 22602
building.Could you respond with your space availability and your current rates?Also,
any other pertinent Information including your rental antenna space policy.
I'm proposing at 80 foot Monopole(39.1897959444,-78.1437710989)for my own
project.This tower will be in close proximity to your current facility and is located
between Baker lane and Fort Collier.If you have any questions please contact me at
kimerlyghgonogEnmil.com.Thank you In advance for your timely response
Thank you
Kim Henry
Page 5
Kimerly G Henry
353 Lake Serene Drive
Winchester, Virginia 22603
561-214-367
Second request
Shentel
106 S Main St
Edinburg,VA 22824
Tower space leasing department
June 15,2022
Sent via mail
Dear Sirs,
Available Space on your tower for co location
As part of Section 165-204,19 of the Frederick County Ordinance. I'm required to
inquire about available leasing space on your Imboden Drive Winchester Tower.Could
you respond with your space availability and your current rates?Also,any other
pertinent information including your rental tower space policy.
I'm proposing a180 foot Monopole(39.1897959444,-78.1437710989)for my own
project.This tower will be in close proximity to your current facility and is located
between Baker lane and Fort Collier. If you have any questions please contact me at
kimerlyghen!yPgmaii.com.Thank you in advance for your timely response
Thank you
Kim Henry
Page 6
Shentel
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Robert J.Pets
DATE:201 Senior RF Engineer
Ubiquit!Networks,Inc
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UBICLUITI'
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Hereby declares under ow sale responsibility that th*.,RocketSac Prism model RSAC-PRISM,to
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Compliance Manager
July 5.2016
Page 9
UBIQUITI NETWORKS
DECLARATION OF CONFORMITY
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495 MontaquR Fxpwy,Milpitas(;A$0114#.S USA
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Robert J.Pera
DATE:20081VIS Senior RF Engineer
Uloquill Networks, Inc.
Page 10
Kimerly G Henry
353 lake Serene Drive
Winchester,Virginia 22603
July 18,2022,
AFFIDAVIT OF RESPONSIBILITY
I Kimerly G Henry accept full responsibility to abide
with Frederick county ordinance requiring the removal
of the structures as stated in Subsection E [based on
current§ 165-204.19A(5)]; and
Kimedy 0 Henry
Owner
Page 11
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WISP Projection only
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Not Included
Page 14.
KimerlvG Henry
581-214-3907
October 31. 2O22
Mr. Henry,
Please see the listing below from Mrs. McCann-Slaughters comments last night. Let us know if
you need anything additional.
1. A further explanation of the search area used in siting the proposed tower, in particular,
the radius used (specifically, whether Y2mile, 3 miles, or some other distance) and
reasons regarding the specific radius used;
2. Appropriateness of co-location at towers/antennae sites within the same distance or less
than those that the applicant identified on page 1 of his mmoteha|a, including sites at or
near 121MBerryville Avenue, 1O3East Piccadilly Street, 193EddyaLane, 143
Greenwood Road, 22OImboden Drive, and 1122Ralph ShoohevDrive;
3. For sites appropriate for co-location, verified evidence of attempts to contact the owners,
such as return receipts and documentation of any responsive communications from the
owners ofsuch aiten�
.
4. An affidavit—a document attested to before a notary public—by the applicant that he is
aware that hemay beheld responsible for the removal ofthe tower upon discontinuance
ofits use for more than 12months; and
5. Any measures to mitigate the impact of the placement of the tower as proposed.
Answers tmMrs. McCann-Slaughters comments
Question 1
Afurther explanation ufthe search area used insiting the proposed tower, inparticular,
the radius Used 'specifically, whether 1/2 mni|e, 3 nni|eS. or some other distance') and
reasons regarding the specific radius used;
Answer toquestion 1
Staying ahead nfthe evolving wireless architecture changes naqu1nam insight into the
technology required inTower height, frequency propagation, and advanced antenna
design. In the following paragraphs I will discuss 5G network design and the upcoming
8Gprotocols and the future ofwireless systems. 0G has been intesting for two years
and will be ready to be rolled out in the milliwave frequencies in the near future. 6G is
specially designed and will bedeveloped iDthe nli||ivvaVe frequencies utilizing K8iDnn
antennas (nnU|Up|e-inpu[and 0nu|Up|e-0UipuA
5G operates and uses higher radio frequencies than traditional cellular frequencies that
are |aaa cluttered. This allows for it to carry more information at o much faster rate.
These higher bands are called 'millimeter waves' (mnmnvvavea). They were previously
unused but have been opened up for licensing by regulators. They had been largely
untouched bythe public as the equipment Louse them was largely inaccessible and
expensive.
While higher bands are faster atcarrying infnrrnaUon, there can be problems with
sending over large distances. They are easily blocked by physical objects such as trees
and buildings. In order to circumvent this challenge, 5G will utilize multiple input and
output antennas to boost signals and capacity across the wireless network. Along with a
main node that provides backhaul and line ofsite coverage
The new technology will use smaller transmitters Placed on buildings and street lights,
as opposed to using single stand-alone masts. Current estimates say that 5G will be
able to support up to 1,000 more devices if the network is designed and built correctly
from the start.
)o Transmission link Macrocell BS
lntcrf�rencc link V,
FU,, Feintocell
FerntoccIl BS Ferntocell BS
BS
The Macrocell isthe key functionality component ofthe "mmwave" networks . The height
dictates the overall coverage of the network from direct line of site coverage to the backhaul
design from the nano or femtocells incorporating new beamforming antennas. More working
nano sites eliminates coverage problems, dead spots, and signal reception issues. Clearly from
rnyearlier submitted propagation studies i[ shows the importance nfthe antenna height for not
only performance uhanootehatice, but also economic feasibility of building the mni||ivvove network
The stonewall district and frederick county as a whole will hopefully reap the benefits of a
properly designed nniUkwave project. The eastern portion (east ofua 81) which possibly could be
left out or delayed on the rollout of the new communication networks will now be included easily
with rDytower project.
Question
Appropriateness ofco-location ettowers/antennae sites within the same distance orless than
those that the applicant identified on page 1 of his nnateriu|a, including sites m[ornear 1218
Berryville Avenue, 103 East Piccadilly Street, 193 Eddym Lane, 143 Greenwood Road. 220
Imboden Drive. and 1122Ralph ShouheyDrive;
Answer to Question 2
To answer the colocation radius used to design an economic and functional network design I
decided on a three mile radius with a iovvgr height capable of providing a quality signal for the
end user. Asyou may know, several factors impact how far acell tower signal can reach, thus g
cell tower's range is not necessarily a fixed distance and several factors impact how effective
the range is, including such aspects as 1. Spectrum, 2. Network Capacity 3. Terrain 4.
Transmission power. My analysis, design and approach strives to capture the optimum mix of
the above for the benefit of service to the community and customer base.
Question 3
For sites appropriate for co-location, verified evidence of attempts to contact the owners, such
as return receipts and documentation of any responsive communications from the owners of
such sites;
Answer to Question 3
Co-Location
in a quick summary on the Co-Location question. Unfortunately , after investigating and
approaching the Co-location opportunities it did not produce a viable solution forward.
207 Dairy Corner Lane Maxx power sports: unregistered with FCC
two request letters No response. This is an approximate 50 foot agl site that is within my
co-location radius
KINfierly 6 Henry Kimerly 6 Henry
353 Lake Serene Drive 353 Lake Serene Drive
Winchester,Virginia 22603 Winchester,Virginia 22603
561-214-367 561-214-367
Second request
NGHIEM MINH VIET-HUONG HUYNH YEN THI KIM
2512 ARLINGTON BLVD
ARLINGTON VA 22204-1071 NGHIEM MINH VIET-HUONO HUYNH YEN THI KIM
2512 ARLINGTON BLVD
June 1,2022 ARLINGTON VA 22204-1871
Sail via mail June 15,2022
Georgina, Sent via mail
Available Sprice"yourroofflop fm207 2071hiiniCan,14,11nothuster,022602 Dear Sim,
A,W of Section I W204,19 of the Frederick County Oullmome.fro required to Available Space on your roof top for 207 207 Dairy C—K W—hosts,VA 22602
Inquire about mail his leasing space on your 20 Damy come,PI,Winchester,VA 22602 .204,19 of the Frederick C.-ty Orifinums..1.required to
wutdfiq�Could you 7mZd with your space availablifty and your raiment rates?Also, As part of Soon-165
any other pertinent Information Including your rental alumina space policy. Inquire about available leasing space a Your 201 Dairy Comer PI,Winchester,VA 226D2
beldfia.Could you respond with your space availability and you current rates?Also,
I'm proposing alSO foot Monopole(39.1897959444,-78.1437710989)for my own any other pertinent informobon including your rental antenna space policy.
project.This truser will be in close proxmilly to your current facility and Is located favarry—
H,is"Sakahmeand Fort Calif..Ifyu h—.y. questions please—led—at I'm leopo,ingalSOtoot Monopole(39 IB979SM -76.14377108944, )
Thank you in advance for your timely response Praject.This tower will be in close piondmity,to your current facility and is located
common Baker lane and Fort Collier.if you have any questions please contact me at
core.That,you in aver.for you,timely usaomm
Thank you
ThankI yc�u/,
Kim Henry
/I, Kinn Henry
1216 Berryville Avenue,
approximate 50 foot agl Flagpole custom design tower that is not capable by design to hold
Mimo antennas or microwave dishes making it unusable. Photo:
4
103 East Piccadilly Street,
George Washington hotel is a five story building with a roof-top antenna location approximately
50 feet agl . This site would provide little to very marginal coverage to Frederick county
residents or locations
Two requests letters No response.
Kimerly 6 Henry Kimerly G Henry
132 Porto Vecchio way 132 Porto Vecchio way
Palm Beach Gardens,Fl 33418 Palm Beach Gardens, Fl 33418
561-214-367 561-214-367
George Washington Hotel
George Washington Hotel 103 East Piccadilly Street
103 Ent Piccadilly strod Winchester,Va 22601
Winchester,Va 22601 Attn:rooftop antenna space
Attn:rooftop antenna space
October 26,2022
October 14,2022
Sent via mail
Sant via mail
Dew Sits,
Dear Sits, SECOND REQUEST
Available Space on your tower for co location Available Space on your tower for co location
As Part of Section 165-204,19 of the Frederick County Ordea—I'm required to As pan of Section 165204,19 of the Frederick Co"Ordinance.I'm required to
inquire about available leasing space on year Hotel rooftop.Could you respond with inquire about available leasing space an your Hotel rooftop.Could you respond With
your*pace availability and your seemed rates?Also,any other pertinent information your space availability and your current rates?Also,any other pertinent information
Including your rental tower space policir including your rental tower space policy.
1'm proposing also Foot Monopole(39.1897959444,-78.1437710989)for my own I'm proposing at 90 foot Monopole(39.1897959444.-78.1437710989)for my own
project.This tower will be In close proximity to year corrent facility and is located pmjmt,ThiS tower wig be in close proximity to your current facility and is located
between Baker lane and Fort Collier.If you have any questions Orrase carried me at between Oak"lane and Fort Collier,if you here any questions please contact me at
Thank you in advance for you:timely response kimeryglignD"meilcom.Thank you in advance for your timely response
Than you Thar# u
Kim Henry Kim Henry
193 Eddy's Lane distance from site
Eddy's lane is outside my search radius being 3.42 miles from my site. This tower is
owned by Crown Castle ( Largest us tower company) . I did send a co-location letter
and did not receive a response:
Distance From To-Calculate distance between two addresses,cities,states,zipcodes,or locations
starting Address Ending Address
700 baker lane winchester v 193 eddys lane winchester,,
Calculate Distance Enlarge Map
Straight line distance:3,41 miles,5.49 kilometers(km),18006 feet,5488 meters
Driving distance:4.39 miles,7.07 kilometers(km),23190 feet,7068 meters
"Round
Winchester
316sant
00equon
komiAwn
Kimerly & Henry
132 Porto Vecchio way
Palm Beach Gardens, F1 33418
561-214-367
Crown Castle
2000 Corporate Drive
Canonsburg, PA 15317
Antenna leasing Dept
October 14,2022
Sent via mail
Dear Sirs,
Available Space on your tower for co location
193 Eddy Lane Winchester,Va 22603
Site Name:RTE 7 East
As part of Section 165-204,19 of the Frederick County Ordinance.I'm required to
inquire about available leasing space on your tower.Could you respond with your
space availability and your current rates?Also,any other pertinent information
including your rental tower space policy.
I'm proposing a180 foot Monopole(39.18979594 44,-78.1437710989)for my own
project.This tower will be in close proximity to your current facility and is located
between Baker lane and Fort Collier.If you have any questions please contact me at
kimerlyghenry0amaii.com.Thank you In advance for your timely response
That* you,4
Kim Henry
143 Greenwood Road,
This is a Verizon sectorized cellular site with no current co-location tenants approximately 85
feet agl . This site is 1.76 miles from my fort Collier location and is inside my search radius. The
location and height of the tower would not work for my network plans.) physically inspected this
tower and called the 800 number on the fence to inquire about current and future co-location
possibilities. I had to leave a message with my intentions. Also, I called Verizon's main number
to inquire about the contact information for their leasing department. After 45 minutes of being
bounced around I finally left a message NO Response
143 Greenwood Road,
Distance From To
Starting address Ending Address
TGO baker lane whanester va 143 9—r—al ad wIrrhrvm va
Straight line distance;1.76 miles,2.83 kilometers(km),9300 feet,2835 meters
_Driving distance:2.35 miles 3.78 kilometers(km) 12395 feet 3778 meters
winches a
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la 17c. ti �z
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220 Imboden Drive,
Owned by Shentel, a Division of T-Mobile This 117 foot tower had available space and would
be a direct competitor in the 5G roll out. I immediately created a coverage study to determine
the propagation and financial feasibility of co-locating on this site.Earlier I submitted the study
along with all my reasoning why the site is neither financially, potential interference, or tall
enough to provide adequate coverage for my network plans.
Kinterly 6 Henry litleferly 6 Henry
353 Lake Serene Drive 353 Lake Serene Drive
Winchester,Virginia 22603 Winchester,Virginia 22603
561-214-367 561-214-367
ShenWI
1065 leam S, Second request
Edlaniql,VA 22924
Tmew space fuming deparbeave
an Met
Jim*1,2022 106 a Win St
Edinburg,Me 226"
S.M.L.amill T.—leelflng depenmam
Der She, Jan.15,2022
AVWW*Spade w year mem,fm ca loutim sent A...a
Aa W of season 16&20.19 W Me Prodedd,County QmmaVen required ta Man She,
Insane Ame—NeW.I—Int,lma.en ye.Mind.Dr.Wmelmt.,T-Court. C..
you wfth your space aydtaMlny and your memem men?Al..an,after Afailable Spee,on Your tower 1.co Wan.n
Pertinent Informealm,ladalls;your rental urvme.p P.D.Y.
Ae W of Settlon 165,204,19 0 Me lasdomck Ca my Ordinance,I'm nestled w
I'm jmiembag 1100 not 14111mell(32-"S9444,-141.1437710909)fmy men mmen,W.mall.bl.Waft spa.an your anted.Drhm fin.mete,—QmId
P'j—This man, is be In deet imn'taft W"m Merent f"flity end 1,laea'd you I.P.M1 mic,ImM.—evellablim,and Year e—,-7 X_.,ams,
Indemen ftart 1oFee Gahm.If ran have 8" ,f
queemns pleam M,W me m P.1—Warme".Indedime year -I eneM.N.Peary.
il,aettgb........Lr Thank you M inhavemal W rear Inane meamene I'm poisaing.100 Not mompal.(39A897959494.-78.1437710989)for My am
Inel—nil.t.—.11 be 1..1..Prodigal,m y—amind f.-aft,..;.",.d
between
—ask.t.lw and ran Collhir.If yer h.e any mianame,P-came.me.
Waratild,himadammiL.gan.Them,You In luh—e m,fell iWeely neamen,
Thank you
Kim Henry
Thank you
Kim Henry
ftt.I.... 21"M tun.-£wd.aa.sa:we tar.-
email Kimed Henry
<khr rlYhenN�gmoii.com 'a`r�'u OwprNas
Go vie Os
Fwd:Tower Space for Colocation
Klmerty,Henry,<kfinedygh.IyQgmaii.00m> Wed.Jul 20.2022 at 5:05 PM
To:Mark Chetan<mchargn&—us> a
per youraaaard
—Fraww Cry"
Led message
From: t w
ONatal 4,SIWrt<1
Data:scaled:Re.Jul S,er Si be to PM t
Ta:"atRE:Tower Spam fa111a09ion 7 e
Cc K."K HenN enc]h g..i
Ga KamrttR Y<Krrn..R cu&i nma.shv+ i—n>,Diarre t.eFaver<lune.Lr ,:mF.t:.t_�ar,+> � y �'�
3 q J q
I apologize for the delayed response over the hdiday.Nape you had a great 4r+t
Q 4 7 a
The coordinates of the towat are 39.19510278.,7&1350305C We have several spaces avazlable at or below 117'.We
do not have Indaar rack space,however,could offer 9rourd space to place cabinets as pert of year installation,If 9 Jif GO.Vie - ,, t Q-
yau'ra intarasKad in preceeding with a quare,please fat ss#naw. -' -.
We'll set you up with a Project IO for future reference a+M ask chat you compieKa the attached apptitatbn.vhi<h e�6uiPdb
allows i s to berm quote the appropriate pricing and PER fees, tool tura..31.n n(*IVm)
Thank you,
Crystal
From:Kimedy Henry<amerfy+nmu,:19ma8.rom>
Se-Monday,June 27 202 10:30 AM
To:Crystal L.Sibert<:,--
Gay Kermit Rocky<Karmn.Racvyttr,:.rr ik-,I r.tel cane,Diane L.Fevar<D a.le taFavkrve,nmu.'wn[ci;nn>
Subject:Re.Tower Space far Calibration
C0.UTI6N:Tron nmay nrpinnmd hem bvisea of qre Slants aryaron.Wm+new um."era»n rete:nwnU.,ane•s>vv iewg..se um
', sable:wrtl krmxme comMtie aa4.
Then.,you ra Yau'reapons0Gxn you Waaea provide me with the fotlowing intormabon so i can evaluate your site's
deairablNy.
>. v.,. wmmwl»b":k^+0asweb3l AMew*RlAsawca-aMApeen.+ggvlxmAa.N'tNvfeSo-t]3rf213S34tiNtaa^p.-^ti}aW1.'+A55333t.. +.e r ,DKK -,rate rIrccf."& '
1122 Ralph Shockey Drive;
Shenandoah's stadium tower. No available space
Gmail are wmwaaMe„m k.«_
Kitnerly 6 Henry
Regarding your mail about available leasing space on SU rower
132 Porto Vecchio way
Palm Baruch Gardens,F1 33418 ones ro .11 '111.
561-214-3367
Shenmdoah Univerany
a w�nro.m,w,ar sla»ww,man unaavnaxkm�rwaamwe�naawarw
'40 Un—na Dr, n wiw ww aue�ea.
wvc`s v,.21.1
Sad—enlenna leasing Dept
Ocklvr 14,
Sun vie mull -
Gear sire, n r.uwu mvmx.au.v,.
Available Spaee an your rower for m location
1122 Ralph Spookily Drive
Ae put or seek.1.56 ark t9 b112a FrWeldt aemtY onfeerms.I'm eaaadb
bourneeborrtaellvWebainp epee en tow town.f WE you respond wiM eau
apace evailsba!4.nd yow cutnnt—1 sobs,say ather penmen$law kntun
reduarg Year reayi bee,epeee pony..11 gilt art ret use aurecteontep penes
could you please a8 a eme8 the so ed inMmadeal
I'm pospe rs,&1801aar Mappde S34.t8474544M.-7e.143"Ital 91 for mye-
iseled This$beer will be In dose pminay to your Waved reality-ad iv located
betweer eake lana and Foa cWlMa Kyeu here ew sawasne pleauconhct me se
"GriJgh .Think Yet m—.for Your rarely esyonee
Th"It
Kim Henry
Question 4
An affidavit—a document attested to before a notary public—by the applicant that he is aware
that he may be held responsible for the removal of the tower upon discontinuance of its use for
more than 12 months;
AFFIDAVIT OF REMOVAL WITH NOTARY
Kimerly G Henry
353 lake Serene Drive
Winchester, Virginia 22603
OCTOBER 13, 2022,
AFFIDAVIT OF RESPONSIBILITY
I Kimerly G Henry accept full responsibility to abide
with Frederick county ordinance requiring the removal
of the structures as stated in Subsection E [based on
current § 165-204.19A(5)]; and
------------------------------------
Kimerly G ke&V---
Owner e
County/CilY Of
commonwealth of iminla tesence,
subscobVd Sworn to WIT Jr!Myp
brday of as
Page 11
� 7, .�4- e. NOWYN)k
If 4Y ,&4����
MYOMMMM
FOIA Request
Request 22-310 Ea
Dates Request
Due Frederick County Wireless 911 system final design information and site locations.
September 15,2022 1 currently have an application for a new tower off Baker lane and Fort Collier Rd that maybe relevant to the new
system.My intentions is to proffer 10 years of free tower space excluding otij;ties to help the county get the system
Received
op ar,running.
September 8,2022 via wen
Please have the design engineers contact me directly if there is any interest.
Requester Kim Henry
A Kimerly Henry
kinnerlyghenryftmail,com
353 Lake Serene Drive,Winchester,VA,22603
555-555-5555 Timeline Documents
Henry Develop
Request Closed
All information requested has been provided.
Staff Assigned — 1-1 1-- 2 '"1—
'r"ri—Y
Kimerly Henry
Ea kimerlyghenry@gmall.com
353 Lake Serene Drive,Winchester,VA,22603
555-555-SSSS Timeline Documents
Henry Develop
Request Closedi'
All information requested has been provided.
Staff Assigned
Departments External message
Information Technology i
Your information has been given to appropriate staff and they will be in touch if there is any interest,
Purchasing
Any design information would be withheld pursuant to Va.Code Sec.2,2-3/OS.2(10)and(14)(d)
Point of contact
Karen Vacchlo
Please let me know ifyoo have any questions,
External Message
Karen,I'm not sure about the cost of my request,but 1 would like to think ic"s under 5200 dollars?
Please add a copy of the proposed:ease with the Shenandoah University site for general knowledge
of the saving amounts.Feel free to contact me if 1 need to cover the FOIA costs.
Question 5
Any measures to mitigate the impact of the placement of the tower asproposed.
Answer to Question 5
Best practices for construction and future mitigation issues
w We will meet or exceed the standards established in recognized consensus standards
governing the construction and maintenance of communication towers.
w We will ensure that the tower is maintained properly, and that structural inspections are
conducted onmregular basis.
w The towers will have means for safe access (including ladders that are in good repair)
and methods for managing radio frequency hazards, and will be inspected regularly for
structural soundness.
�
We will properly install and maintain a functioning safety climb system.
w
A clear procedure for reporting unsafe conditions on the tower will be developed and a
method totrack until the hazardous conditions have been fixed
w
We will investigate the use of drones for the tower inspection. This technology has the
potential tohelp uereduce unnecessary climbing and can avoid putting employees at
risk.
w
Every entity in our contract chain will require lower-level contractors to have
comprehensive safety and health programs in place that identify a Safety Officer, and
written verification procedures that can be adopted to ensure that contractors are
implementing such programs.
To avoid any future risks posed to neighbors or workers in the communication tower industry.
Design and structural engineers will incorporate all safety measures that will allow workers to
safely climb in all weather cunditiono, perform construction and maintenance activities where
they will have to pay attention to numerous hazards.Including fall hazardo, hazards associated
with a[run[una| noUapsea, improper rigging and hoisting practices, and "struck-by" hazards.
'QUEST F iR OND,ITICONIA . USE PYK-R:IIF�x"p _:�VIMl PMIS
Dail to: f a nd dmotive r to:
Virginia Department of Transportation Virginia Department ofTritnsportation
Attn: Rmident Engineer Attn: Resident Engineer
14031 Old Valley Pike 227,E Northwestern Pike
Edinburg, Virginia 22824 Winchester, Virginia 22603
The local office of the Transportation ,Department is located. at 2275 NorthwesternPile in
Winchester if you.prefer to band deliver this form.
plucamt: It is your responsibility to _Complete this form as accurately as possible in order toassist the
f �00 q M€p and ."
Applicant's blame. Klmedy G Henry - - 67Telephone< 6121433
mail Address:l kimedyghe r @,gmall.co
Name of development and,'or description of the request;
Communication Tower 1801 Fief'
Please star# Y urW res brise tc+mv Fl6rtda ddrassi" l'm '_'__
returnipiLtq Winchester in mea
132 Porto 4t chtctt 4fe .Palm l each► ar�jrts, Flo da 33418
Location of Property:
Between faker Lane and Fort Colli;;r Road. North of Ea 1es flub.
Virginia Department of Tilansportaflon Corft�ments> 1
The plieafionfor a Conditional Use Permit for these Properties appears to have little _
measurable impact on'Route'1200, (Baker Lane), the VDOT facility providing access to the�_.p.
r Pr aero-s-lhzxurns nt enUaace.to.the&lr-d t o
commercial entrance. Once the entrance to the property is upgraded(under VDOT band Use ,
P nuc c� r�ia� �t.the. i i�'..:.:� uld th �ise
expand m the future,the entrance will need to be reviewed,to determine if additional
i�rrprcr�errrerr } L
UC reamed -
VDOT Signature& Bate:
` I
1 e tro Vi -Please ��orr� to �a li^ tt
p g
.n...mmuar..•ti�-ia�r�"ar���:�a.-a-�.a� . .. o. sx t:i_.�,�u..r,.x��+.�_a�._`.,.+x�+.r.. s c�:.. y �icti:�as�.:�:_u:rKr-.�-x,.�7
lVinchester-Frederick Count-
y, Health Department
Mail to. °llrrntl deliver to:
Frederick-Winchester Flo lth I cpart ent Frederick-Winchester Health Departznen
�Un. Sanitition Engineer Attu: Sanitation F,'ti ,i€iur
107 North Kent" trent 107 North e:nt Sties t� Suitt 4201
Winchester, Virginia 22601 'inchester. Virginia
0 40i 122.3481)
p licatir.. It is ,Our rtspunsibilit, trl ct)m lolc this form. ai z curatclya, n Bible in orcli°r t"o tis�i t the
pli:zi £ wa(+ t 2 i t»opi+„'�of" .*fir apvli�;wion Ovm. laic ti of Ill
�•'''�� �� °fit �'i���ti � � �.
-
f.
Applicant's Name: Kimerly G Henry . l°cle hr�tt� 561-214-3367
F'mail Acres: kimerlyghenry@gmail.com
' �i�ric gal �� l;tiprsis ht;i i l kEi d =:`ipti i :'t'thc re ciest.
Communication Tower 180 Feel
'laase mai our response to my - erirla>address: �m returning to Winchester in May
1,32 l nrto Vecc t 0 l a F6arderts,
Location ol'Property.
Between Baker lana and Fort Collier Road, North of Eors Club.
Frede6rivI.-VVin ch ester Health Department's
Comments.
i�
.4,, r
I lvtiltli l:aw lit. S i g iaature& l;dr':
;M.. _ _.�. ... ., . . ,w_ ...,k.,. W..
No iee to Health Departruent- Please l etirrn 'rhis l°ti,r•nt to the Applicant
a*x�.r .ea.:°..--a�:r.�a......���._... .......:.�.:,._� .�:.::•.v�•.^....ae��..ai.a-r -e^ewz
7� lib t.
'`r y
Frederick ilCour-'stly Inspections Depwt'Mwr,4
- F�. s ...
AHAU
Frederick County my In tion e rtment Fredetick Coutny Inspectiops Department
107 North Kent Strut:,2' Floor Atte- Building Offi6al
Winchester. Virginia 22601107 Noel Kent Street,r.d
(540)665-5650 Winchester, Virgin `
Apr : r�}t tt mi t t `t i to r n
to,ass
App Wit" Name.N i -arty G Henry Telephone: 4-3367
Email Addrcw kinverlyghenry@gmaii.com
Name of development atid/ r ser pt'i ft e request;
Commmicabon Tower 133 Feet
fth tuM ind ter'in y
µ _ -.
132 ?go a
_fAIM s Florida 33448
Location of Property.
Between Baker Lane and Fort qEll§r Rqf" arta o Club..w.�.
it's n �
' E
... ._
-Notica, to I si Oc ns DwparWat-Pleeze Returnu to the Appficaut'
REQUEST FG CONDITIONAL US P 1MIT r{MT NTS
Frederick Coupty Fire Marshal
Mail to:
to
Fred
._»eric..
k County Fire Marshal Frederick County Fire& Rescue Dept.
1080 Coverstone Drive Attn:fire Marshal
Winchester, Virginia 22602 public Safety Building
(540)665-6350 1040 Coverstone Drive
Winchester, Virginia
Applicant. It is your responsibility td corn lete this ford as accurately as passiblein order to assist the
agency review. Also,plea=Weft two (2)copies of your application form, location map and
Applicant's Name: Kimerly G Henry Telephone: 561-214-3367
p
Email Address: kimerlyghenry@gmdail.com
Name of development and/or description of the request:
Communication Tower 180 Feet
Please mail vour rotorresponse to rn r Florida address I'm ret rn ri to Winchester�n Mav
_ _.b _.__. ..n___M..
1.32 Porto Vecchio Wpy2alm Beach Gardens,MFlorida 33418
/location of Property:
Between Baker Lane and Fort Collier Road. North of Eagles Club.
Fire Marshal's Comments.
r
C.
Fire Marshal's Signature &Date: f + '
/Notice to Fire Marshal-Please Return This Form to the Applicant
Frederick County Fire arid' Rescue Department
Office of the Fire Marshal
1080 Coverstone Drive
Winchester, VA 22602
Phone: 540-665-6350 Fax: 540-678-4739
fmo@fcva.us
Plan Review
ConditionalUse .��._..�.__...�..��. . _h.,�..__.�,._....,.�.Qo .�.. ...�.. .. ,, .,�„„�.....��.
Status: Approved
Telecommunications Tower
Telecommunications Tower
Fort Collier Rd/Baker Ln
Winchester,Virginia 22602
Main Contact: Printed Date:04/13/2022
Kim-Henry
�Iformatll•
Received Date: 04/04!2022 Occupancy Type:
Review Begin Date: 04/13/2022 Property Use:
Review End Date: 04/13/2022 Activity Number: 1041050
Hours: 1.0000 Review Cause: New Construction
Activity Detaits
Project Name Telecommunications Tower
Comments:
No comments at this time.
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Page 1 of 1
REQUEST T a OIit O AL r SE PE,IrlT(A.OMNIMNOS
W..irw t.Rqjonal Airport ilvinc-h�ster Regional Airport
AUM executive Dirriclor Atto. ucuti Director
49! Aird>�€ � ad491 A irp, t Road
Wi c pster, i inti . fist t, 64,5 ', t. 522 South)
winche�ler, Virginia
g�lk� - r � a b: i� rra �t term ,x um,, . « f6 c jr t � t
X06 :, . �Y M .
'�" 1phone:
.. . .. �.�., .
Kan ta-
aM6 of development anfor of the_mquesc
urn ymch
Potter V h�, �� I � a �`
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*tER
WINCHESTER REGIONAL. AIRPORT
491 AIRPORT ROAD
f
WINCHESTER, VIRGINIA 22602
EST.19S7 (540) 662-5786
May 3, 2022
Kimerly G. Henry
353 Lake Serene Drive
Winchester, VA 22603
Re: Conditional Use Permit Request
Stonewall Magisterial District
Kimerly Henry,
On behalf of the Winchester Regional Airport Authority (WRAA), please accept the following
comments regarding the above referenced conditional use permit request. The WRAA requests
compliance with these comments as a condition of approval of the conditional use permit.
1. In accordance with the Code of Federal Regulations Title 14 Part 77.9 and the Code of
Virginia, Section 15.2-2294, the proposed development meets Federal Aviation Administration
(FAA) criteria to conduct an Obstruction Evaluation/Airport Airspace Analysis (OE/AAA).
a. The height of any proposed structures must account for the maximum height of any
and all appurtenances.
b. Cranes and/or temporary construction equipment also require a separate OE/AAA
determination.
c. OE/AAA submissions should be made a minimum of 45 days prior to the expected
start date of construction.
d. Electronic filing can be completed online at the following web address:
haps://oeaaa.faa.gov/oeaaa/external/portal.jsp.
2. Courtesy copies of FAA determination letters should be forwarded to the airport. In the
event the development is determined to be a "Hazard to Air Navigation", we request that the
development be modified accordingly to ensure the continued safety of the Winchester Regional
Airport.
If you have any questions or need additional information, please contact my office.
Sincerely,
F
Nick Sabo, A.A.E.
Executive Director
EC
M Y c+
USE PERF T COMMENTS
Frederick County:Department of
Public Works
mail to: 11an do iver to°
Frederick.County Frederick County
Department of Public Fork Department of Public Works
107 North Dent Strut 107 North Dent Street,2"d Floor
Winchester, Virginia 22601 Winchester, Virginia 22601
Applicant:nt: 1t is your res cinsilaility t complete this formas accurately as passible in order to assist the r
agency with their review. Also,please attach two( )ct�pi s of your application.form,location reap and
Applicant's Name: Kimerly C Henry _.. Telephone: 561-214-3367
Email Address: kimerlyghenry@gmail.com
Name of development and/or description of the request:
Communication Tower 130 Feet
Please mail ,,tour response to ma Florida address I'm returninq to Winchester in May:
132 Porto Vecchio Way 'Palm Beach Gardens, Florida 334118 `
Location of Property:
Between Balser Lane and Fort Collier Road. North of_FagIes Club.
Frederick County Department of Planning Comments:
}
rel? f t' . ''�"'.�",k.s _ n
Signature &Date: el-
`_„ � Pee RNotice- eReturn This Form to the Appftamt
l
21
REQUEST FOR CONWTIONAL USE PERMIT COWMENT
F rederfek Water
Frederick Water Frederick Water
httn. Engineer Attn: Engineer
lW. Bolx 1877 315 'Tasker Road
Winchester, Virginia 22604 Stephens City Virginia
(540)868-1061
g Ap lkzwta It is y tir zcsponsibility to complete this 6run as accurai.0 a: oss-i le. in order to assiist the
N),plea° at vhtA ,(I'l co i s ofA'r. to i0 forte l ca.t sn ,nap and
i
Applicant's Name:: Kimerly U Henry telephone. 661-214-3367
EmailAddress: k.i.merlyghent-y@gmail.com
Name of development and/or description of'the request:
Communication Tower 180 Feet' _
Please mail your respone to My Florida address: PT returning to Winchester In May
132 Parte Vecchio Way Palm Beach Gardens, Florida 33416
Location of Property:
Between Baker Lane and Fort Collier lead. North of Eagles Club.
Frederick Water Comments*
Sanitation Authority Signaturc& Bate:
Notice to Frederick Water_flease Return This Form to the Applicant
13
REQUEST r � s 11+ s"t�`T ,.a n, USE P+s RMI-I-IT COMMENTS
0by' F, �.. L s e r
liai : and cle➢ *yet to.
Winchester City Planning Department Winchester City Planning Department
t
Attn: Planning Director Attn: Planning Director
15 North Cameron Street 1Ro ss City Hall
Winchester, Virginia 22601 15 North Cameron Street
(540) 667-1515 Wincheiter., Virginia
Appikamit fit t� re'sp nsa llfgy : - -lei ° t `` e ;, � � art ova w asst
3 gin,at
Applicant's Name: Kimrly G lenryTeles cine: 561- �14-336?
Email Address: kimeriyg.henty@gmail.com
Nw,ne of development and/or description ofthe request:
CommunicationT,ower 180 Feet
Please mailr response, to my
Floridaaddress: 'm returning to Winchester i lay
132 Porto Vecchio'U ay Peen Slacch Gants, Florida 334,18
Location of Prop..rty:
Between Baker Lane and Folft Collier Road l,Iorft ofles lie .
City of ''inch ter Ci ns: _
Citi f Winchester- Si nature bate: �
: .-
Noti& ity,of waw b$.�st u� P s��,etr�¢
xs
�_4
2022 T A X R E C E I P T - 1st H A L F Ticket #:00175090001
H
FREDERICK COUNTY Date 5/15/2022
C. WILLIAM ORNDOFF, JR Register: SLH/SLHA
P.O. BOX 225 Trans. #: 03211
Dept # RE202201
WINCHESTER VA 22604-0225 Acct# 8031355
2022 REAL ESTATE Precious
7.97 ACRES 54 A 97F Balance $ 1701.60
Acres. 7.97
Principal Being Paid $ 1701.60
Land: 557900 Imp. 0,
Penalty $ .00
Interest $ .00
HENRY KIMERLY G
132 PORTO VECCHIOWAYAmount Paid $ 1701.60
PALM BEACH GARDENS FL 33418-62.23
*Balance Due $ .00
Pd by HENRY KIMBERLY G
BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 5/2022
J VICINITY MAP
P S� r• 1-=1000' s
`a d151> DO INI R. LONGSTREET AVE. '
pVE. MUSE DR.
phi Bpm 0� I AMY AVE.
A
cc
BAKER LANE �� C
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SITE
J� BANBURY TERRACE
APPROVED BY
OWNER'S CONSENT
THE ABOVE AND FOREGOING RIGHT-OF-WAY VACATION AS APPEARS THE ACCOMPANYING PLATS, JS WITH THE
FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES AND W/SH S F 7HE UNDERSIGNED WNERS, PROP /ETORS,
AND U S, IF ANY.
ULA 0. HENR Y
C.
NOTARY UBLIC `%,0. . ;Y P�wfs 00
STA 7E OF I IZC�I wi► A r�5�2� REG
1 1 U: 7515853 '�
C/TY/C9f wT-y OF L Jl kLG P-.-CtaQ _3*a COMMISSION :z=
EXPIRE "
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME 7HIS Z- DA OF
2012 B Y KIMERL Y G HENRY. �� •O������
(� ,,_•i11 MY COMMISSION EXPIRES a- 3 0 L
STATE
CITY/COUNTY OFIJYNtlil�����
%%% R ,Ifi
THE FOREGOING INSTRUMENT WAS r Y LEBIi M ORE ME THIS �, DAY OF 5C LI�CYVI Nr
2012 BY PAULA O. HENRY. _
4"w a a _
z NOTARY PffflLIC
MY COMMISSION EXPIRES
My(:Q111t7Nm0A Expinn
SURVEYOR'S CERTIFICATE
I HEREBY CER77FY THA T THE LAND CONTAINED IN THIS RIGHT-OF-WA Y VA CA 77O1V IS A POR77ON OF THE SAME LAND
CONVEYED TO KIMERL Y G. HENRY AND PAULA O. HENRY, BY DEED DATED JANUARY 28, 1988 AND RECORDED IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY. VIRGINIA /N DEED BOOK 671 AT PAGE
710.
RIGH F—OF—WA Y VA CA TION t'yTH OF of
ON THE PROPERTY OF opt c
KIMERL Y G. HENR Y AND
PA ULA O. HENR Y " E
STONEWALL MAGISTERIAL DISTRICT No. 1318
FREDERICK COUNTY, VIRGINIA
DATE' APRIL 10, 2012
REVISED THROUGH SEPTEMBER 26, 2012 .4 V o4
SUR
)202009-RW Vacation SHEET 1 OF 3 DAS
PAINTER- LEWIS, P. L. C.
116 North Braddock Street Telephone (540) 662-5792
Winchester, Virginia 22601 Facsimile (540) 662-5793
s Email: office®painterlewis.com
�o
cs`+
CURVE TABLE
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DEL TA ANGLE TANGENT
Cl 25.00' 39.78' 35.72' S 09'7945" E 917028" 2552'
C2 425.00' 76.68' 76.58' N 407509" E 1070'15" 38.44'
C3 25.00' 45.80' 39.66' S 06'5325- E 104 5723" 32.55'
C4 665.00' 98.92' 98.83' 5 55V625- E 08'31'21" 49.55'
C5 375.00' 88.61' 88.40' S 42 5171" W 13 3219" W4-.51-
!266;70.00'
4.51'C6670.00' 727.66' 692.42' S 0050'15" W 627334" 404.38'
C7 25.00' 38.76' 34.99' S 80"50-16- W 88 4933 24.49'
LINE TABLE
LINE BEARING DISTANCE
L1 N 362530" E 110.02'
L2 S 544459" E 146.36'
L3 N 357503" E 144.61'
L4 S 533430" E 65 39'
L5 5 544458- E 155.82'
L6 N 3575'02" E 54.03'
L7 S 8858'18" W 32.26'
L8 S 357502" W 54.03'
L9 N -T5-15'02- E 150.00"
L IO N 5444'57- W 220.02'
NO TES.-
1. NO 7777-£ REPORT FURNISHED. EASEMENTS MA Y EXIST THA T ARE NOT SHOWN ON THIS PLA T.
Z PROPERTY IDEN77FICA77ON No. 54-A--97F
J. BOUNDAR Y INFORMA 77ON SHOWN HEREON IS BASED UPON PLA T OF SURVEY EN7777 ED -A SUBD/VISION OF A
POR770N OF THE PROPERTY OF JF DARLINGTON" DATED DECEMBER 28, 1987 PERFORMED BY RITCHIE SURVEYS
AND RECORDED /N DEED BOOK 671 AT PAGE 710, IN ADDI 77ON TO A PLAT OF SURVEY EN777LED "FINAL
SUBDIVISION PLA T OF A POR7701V OF WE LAND OF KIMERL Y G. HENRY & PAULA 0. HENRY L 0T 24 - HENR Y
BUSINESS PARK" DA TED NOVEMBER 10, 1999, PERFORMED BY GREEN WA Y ENGINEERING AND RECORDED /N DEED
BOOK 952 AT PAGE 1566.
4. BEING A POR 77ON OF 7N£ SAME PROPERTY CONVEYED TO K/MERLY G. HENRY BY DEED DA7ED JANUARY 28,
1988, AND RECORDED /At DEED BOOK 671 AT PAGE 710 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF
FREDERICK COUNTY, VIRGINIA.
RIGH T-OF-WA Y VA CA TION EDrD)A5S
lON THE PROPERTY OFKIMERL Y G. HENR Y AND �PA ULA O. HENR Y JR.STONEWALL MAG157FRIAL DISTRICT FREDERICK COUNTYVIRGINIA DA 7E:• APRIL 10, 2012
REVISED THROUGH SEPTEMBER 26 20124
1202009-RW Vocation SHEET 2 01 3 DAS
PAINTER- LEWIS, P. L. C.
116 North Braddock Street Telephone (540) 662-5792
Winchester, Virginia 22601 Facsimile (540) 662-5793
Email: office®painterlewis.com
BAKER LANE
VARIABLE WIDTH R/W
L1
TMI 54-A-97E
N/F FERTIG CABINET 0 I 0 y
I CO., INC. (D 0 a ® I
I INSTR. /100006304 I v l I L3 -
ZONED: 82 +.—
` USE: —LM
COMMERCIAL -
l� N L51 1
1
1 EXISTING RIGHT-OF-WAY L6 C2 G-)
1 (8,547 SO FT./0.1985 ACRES) n
TO BE VACATED AND ADDED - i+
TO 7M 54-A-97F L8 C5
•
TM 176-1-1 1
N/F FRATERNAL ORDER OF' M J O9 r
EAGLES,
INSTRUMENT E 0U/040DO0864MBER 4 � TM 54—A-97F
ZONED: B2 91 h
DB 671 PG 710
USE: COMMERCIAL
16.3049 ACRES ,ss
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A
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0 0
TM 54-A-97G TM 54-A-97H TM 54-A-971
NA CHARLES A RIDGEWAY N/F BOWMAN PROPERTIES N/F REASE ENTERPRISES, LLC
h WAYNE R. RIDGEWAY DB 680 PG 564 INSTR. /080005015
INSTR. /090013309 ZONED: 02 ZONED: 82
ZONED: 82 USE: COMMERCIAL USE: COMMERCIAL
USE: COMMERCIAL
0 ® 0
TM 54-A-97J TM 54-A-97K TM 54-A-97M
NA JEFFREY G. JENKINS NA LANDON W. FURLONG NA JAMES MICHAEL WILSON
do ROSANNA M. JENKINS DB 777 PG 1870 & AMY WILSON
INSTR. J050OD8754 ZONED: B2 INSTR. (100011285
ZONED: 62 USE: COMMERCIAL ZONED: 82
USE: VACANT USE. COMMERCIAL
GRAPHIC SCALE 0
TM 54-8-41 TM 54-A-42 TM 54-8-24
200 0 100 200 400 N/F KIMERLY G. HENRY N/F KIMERLY G. HENRY NA RICHARD L KENT
D8 801 PG 445 OB 801 PG 445 INSTR. ,jIO0006304
ZONED: B2 ZONED: 82 ZONED: B2
1 inch = 200 ft. USE: VACANT USE: VACANT USE: COMMERCIAL
RIGH T—OF—WA Y VA CA TION
ON THE PROPERTY OFot'
K/MERL Y G. HENRY ANDley
0
PA ULA D. HENR Y
STONEWALL MAGISTERIAL DISTRICT NO. 1318
FREDERICK COUNTY, VIRGINIA 7/---6,/z
DATE- APRIL 10, 2012 SCALE.- 1--60'
REVISED THROUGH SEPTEMBER 26 4, 2012 -e ft sum4s"C4
1202009-RW Vacation SHEET 3 OF 3 1 DAS
PAINTER- LEWIS, P. L. C.
116 North Braddock Street Telephone (540) 662-5792
Winchester, Virginia 22601 Facsimile (540) 662-5793
Email: office®painterlewis.com
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This trum of t ng COUN-J Y SCT
writing was Produced to me ons
and with certificate a at
was admitted ckno„iCI
to record. ' - .anent th reto a
fax i►nposed by
58.1,an
, and 58.1-b01 have been
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