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HomeMy WebLinkAbout05-02 Comments (2)Time extention request for CUP #05-02 Subject: Time extention request for CUP #05-02 Date: Thu, 20 Feb 2003 09:05:01 -0500 From: "Patrick T. Davenport" <pdavenpo@co.frederick.va.us> Organization: Frederick County Dept. of Planning and Development To: Evan Wyatt <Ewyatt@greenwayeng.com> Hello Evan, We have received your request for an extension to the one year time limit of construction for a telecommunications tower. This time limit is specified in Condition #5 of CUP#05-02 and was approved by the Board of Supervisors on March 13, 2002. This condition specified that if the tower was not constructed within a one year period (expiring on March 13, 2003) the CUP will be deemed invalid. Copies of the correspondences regarding the tower construction indicate that the project is underway but has been delayed due to inclement weather. Since the tower construction is underway, your request for an extension is appropriate. I will authorize a thirty (30) days extension- which will make the required completion date: April 13, 2003. Any additional requests to extend the time limit on Condition #5 of CUP #05-02 may necessitate a request to the Board of Supervisors to amend the condition. If you have any questions, please feel free to call. Patrick Patrick T. Davenport, CZA <ndavenpo�cr co.frederick.va.us> Zoning and Subdivision Administrator Frederick County VA Dept. of Planning and Development I of 1 2/20/2003 9:05 AM Re: Tower Projects Subject: Re: Tower Projects Date: Wed, 25 Sep 2002 11:18:48 -0400 From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Kamal Doshi <kdoshi@sharedtowers.com> CC: msmith@greenwayeng.com, aestes@rohnnet.com Hello Kamal. In response to your two inquires: 1. A condition was placed on each approved CUP application stating that "In the event a telecommunications tower is not erected within twel�re (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid." Therefore, if you anticipate a failure to comply with this condition, it may be appropriate for you to re -apply for a CUP and have the condition modified, and the time frame extended. 2. The Hunting Ridge tower CUP approval enabled the construction of a 195 foot telecommunication tower. Therefore, you'll need to keep the tower under 195 -feet tall. Feel free to contact me with questions. -Eric Kamal Doshi wrote: > Hello Eric: > Just a quick update and a request: > - The cell companies have all slowed down as they all are having trouble raising funds after problems at MCI Worldcom, Quest and others. I cannot get any feedback out of Triton (partly because of their emotional attachment to competing sites). Shentel who likes my sites is unable to commit to any specific dates because of its budget constraints. If you have had any other inquiries for Route 522 corridor please let me know. For the time being, I am going ahead with Hunting Ridge (the first tower in the series) and Cross Junction after that. Others will probably wait for more interest level. I may need to come back to you for extensions of time on zoning approvals. Please let me know how that is to be handled. > - Regarding Hunting Ridge, we have approval for 195' tower. Our plan was to install a lightening rod of 4 feet and stay within the 199' guideline. The tower manufacturer Rohn has informed me that their towers are built in standard sections in 4' increments, thus the nearest available height to our requirement is 196' and they can ship a shorter lightening rod of 3' thus still maintaining 1991. I know this is different from the original plan but only by a small degree (1 foot) and I wanted to get your input on whether this would be acceptable. The other alternative is to build the tower shorter by four foot, which is also OK by me, but could give reason for a uncooperative future carrier to demand a new tower. > Kamal > cc: Alan Estes, Rohn (please wait till I receive feedback on this from Mr. Lawrence at Frederick County) > Mark Smith, Greenway Engineering. Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 1 of 2 9/25/20( FW: To Evan Wyatt: Hunting Ridge radio Tower Site CUP/Schedule Subject: FW: To Evan Wyatt: Hunting Ridge radio Tower Site CUP/Schedule Date: Wed, 19 Feb 2003 09:24:08 -0500 From: Ewyatt@greenwayeng.com To: elawrenc@co.frederick.va.us Hi Eric, I received a call from Kamal Doshi regarding the current progress of the Hunting Ridge Tower. As you know, the site plan was approved for this project and a building permit was issued for the tower's erection. The progress has been slowed considerably due to the weather we have experienced this winter and it appears that the contractor has fallen way behind as a result. Kamal's concern is that the condition for the erection of the tower within 12 months or the CUP will become invalid. I advised Kamal that there may be some room for compromise as this tower is currently under construction. I asked Kamal to have the contractor provide me with a status report and a time estimate for when the tower would be complete (please refer to attached document and digital images). I believe that the contractor is being overly optimistic in completion by March which is even more suspect due to the recent blizzard. In any event, it would seem that the answer is to require Kamal (or Greenway) to provide a letter stating that the erection of the tower will be complete by the end of March per the contractor's estimate and if this is not achieved, Shared Towers will post a bond with the County to ensure completion in a time that is satisfactory to you. Please review this information and let me know what you think. If the letter/bond approach is appropriate, I will coordinate with Kamal to get this done ASAP. Thanks and have a good day! Evan > -----Original Message----- > From: VirginiaTim@aol. com [mail to: Virginia Tim@aol. com] > Sent: Friday, February 14, 2003 7:43 AM > To: ewyatt@greenwayeng.com > Subject: To Evan Wyatt: Hunting Ridge radio Tower Site CUP/Schedule > <<Untitled Attachment>> «Hr 2-13-03 03.ZIP>> Subject: Date: Wed, 19 Feb 2003 09:24:10 -0500 Evan, What follows is a copy of my email to Kamal Doshi. I have attached pictures of the site status as of today as well as further description after the email copy. Subj: Hunting Ridge Schedule Date: 02/12/2003 To: kdoshi@sharedtowers.com <mailto:kdoshi@sharedtowers.com> 1 of 3 2/19/2003 10:14 AM FW: To Evan Wyatt: Hunting Ridge radio Tower Site CUP/Srhedule February 12, 2003 Kamal, I have reviewed the Conditional Use Permit #05-02 and my present position in the development schedule as well as scheduled tasks needed to complete the site. I have noticed that the CUP is set to expire on March 14, 2003. This allows 22 weekdays from now until then. I based my schedule expectations for the Hunting Ridge site on a 3 month to 3 1/2 month schedule. Because of the unusual severity of cold and abnormal precipitation levels experienced since breaking ground on the site October 23, 2002 my schedule has been set back in progress by probably 5 to 6 of the 16 weeks since then to now, or in other words the site is at approximately 2/3 of expected progress to date. When continued weather hindrances are factored this extrapolates to a projected site completion time of an additional 8 weeks, or well beyond the CUP allowance. This 8 week projection can be amended somewhat, and reduced by approximately two weeks or so due to critical tasks accomplished despite the inhibiting weather patterns and given that the return of the weather to more normal patterns continues. Therefore at the outside I expect to have a turnkey finished site in any case by the last of March, and on a more immediate note expect to have the tower erected certainly by the March 14 CUP date. I admit I was assuming the Frederick County CUP allowance letter, Paragraph 5, in my expectations where it says, "In the event a telecommunications tower is not erected (bold mine) within 12 months of the approval of this CUP..." "then the CUP will be deemed invalid.", to mean that the tower would be erected by then and not necessarily the site accessories completed, and pitting this assumption against the severely affecting weather patterns since October which have so delayed the project's progress. I apologize for any confusion my previous optimistic schedule expectations may have caused, and answer to that with my assertion that the expectations I had for scheduling have been continually overwhelmed by the aggravated weather pattern this winter, and that I must capitulate in regards to the delays that have accumulated from it. Given the previous, I must also add a caveat that the realistic expectations for any time -relative completions as described will be amended if more of the same unusually affecting weather patterns are encountered during the remaining build process. Let's hope for more favourable conditions. Sincerely, Tim D. Mills At present the pier excavations are underway, with pier #1 excavations completed, pier #2 excavation 80% complete, and pier #3 excavation cut in. Reinforcement bar assembly is complete for one pier, with mats minus vertical columns complete for the remaining two. The access road is prepared for heavy traffic needed for construction materials, with surface final finishing scheduled after use by the same. The tower assembly is appropriately assembled for site available area, with final assembly scheduled just prior to crane erection. Electric secondary supply is in place to site with meter and backboard assembly scheduled subsequent to tower erection, for available construction space reasons. 2 of 3 2/19/2003 10:14 AM FW: To Evan Wyatt: Hunting Ridge radio Tower Site CUP/S-hedule Name: my%20cursive%20signature.jpg! , my%20cursive%20si nag ture.jpg Type: JPEG Image (image/jpeg) Encoding: base64 Name: business%20card%20template%2 . business%20card%20template%20single%20small ipg Type: JPEG Image (image/jpeg) Encoding: base64 .. ........ .. _.... _ . _....... _ _....._.._. ............ . Name: Hr 2-13-03 0321P i, Hr 2-13-03 03 -ZIP Type: Zip Compressed Data (application/x-zip-compressed)' 'Encoding: base64 3 of 3 2/19/2003 10:14 AM It jo ,hared Towers, LLMC 6501 Sandy Knoll Court, McLean, VA 22101 (703)-893-1571 Fax 253-423-3800 January 28, 2002 Mr. Eric P. Lawrence County of Frederick 107 North Kent Street Winchester, VA 22601 Dear Mr, Lawrence: Map of Cellular Towers in the County and Update I have enclosed a map showing locations of cell towers in the county. You will recall that we had agreed to provide such a map per discussion with Mr. Harrington Smith at January 23`d meeting of the Board of Supervisors. Greenway Engineering has submitted on January 25th: • An amendment to the application for Cross Junction tower to raise it to 260' to allow placement of Shentel and other carriers at very good heights of 260', 250', 240', 230' respectively. A new application to move Hunting Ridge tower approximately 1100' South. This moves the tower closer to Route 522 and at a meeting hosted by planning department SunCom/Triton had agreed that this location would work better for them. Shentel has agreed to go on this tower at either location. As this move allows the tower to be away from the landowners' driveway, they have agreed to allow lattice structure, so we are requesting permission for that change also. Upon approval, we will withdraw the approved CUP for the original location. I understand that these will be heard by the Planning Commission and later submitted to the Board of Supervisors for action. Sincerely, Kamal Doshi Encl Cc: Members of the Board of Supervisors, with enclosed map. Mark Smith, Greenway Engineering HECEIVED JAN 2 9 2002 17PT OF PLANNINGIDFVROPMPNI GREENWI AY ENGINEERING 151 Windy Hill Lane Winchester; Virginia 22602 Fountled in 1971 January 23, 2002 Frederick County Department of Planning and Zoning 107 North Kent Street Winchester, VA 22601 Attn: Eric Lawrence Re: Hunting Ridge Communications Tower — Location Change Dear Eric: We request processing of the attached new Conditional Use Permit application for a change in location for the Hunting Ridge Communications Tower site that was previously approved on January 23, 2002. A new application is being made because this change moves the tower on an adjoining parcel owned by the same owner as previously approved. This change allows the tower to move closer to Route 522 by approximately 1,200 feet from the north side of land owners' residence to the south side of said property. We are also requesting a waiver of setback from an internal property line for the adjoining lot owned by the owners. The owners had not wanted to allow a self-support tower at the previous location, which was more prominent to his driveway. At the new location they are comfortable with a lattice structure, so are requesting the Planning Commission to recommend and the Board of Supervisors to grant permission to build a lattice structure at the new location and to waive the setback from the internal line. The Virginia Historic Preservation Office has certified that the landowners' property and the tower are not affecting any historic structure at the new location. All Agencies comments from the prior application are attached as the entrance to the property does not change in this move and does not affect the type of comments and recommendations. We have enclosed new comments from the Airport approving the new locations. Thank you for your assistance with this project. Call with any questions or concerns. President Enclosures VEU r"T nF pI A,NNI.NPPn /Fl.Op 4pv- Engineers Surveyors File 43162/MDS/dls Telephone 540-662-4185 FAX 540-722-9528 www greenwayeng.cotn NO`l-175-2001 03:n6 Pill Shared Towers 7036282634 .1 2Z3 423 3890 P.01 ShAred 'towers, LLC 6,01 Sal- dy Knoll Court, McLean, VA 22101 (703)493-13-71 F3,i 233-423-31300 e-mail: lkdoshiur sharedtowej*3.rgm November 15, 2001 Mr. Mark R. Chcran, Plauncr County of Frederick 107 North Kent Street Winchester,'VA 22N)i Via F . 4U -6Q4,395 Dear Mr. Cheran. We art happy to assist County emergency communications semices(Police, fire, ambulance) by allowing them ro attach up to two omni antennas on each of our proposed towers. Like all other tenants, when they meed the space, they will need to enter into a lease document (however, the real will be wai ral)_ Sincunty, Shared 'Towers, LLC Kamal Doshi Managing Member Cc: Mark Smith, Greenway Engineering 540-722-9528