HomeMy WebLinkAbout36-05 Cross Junction Shared Tower - Telecommunications Facility - Gainesboro - BackfilePlease note: The site plans associated
with this file are located in the �) le- r—Coll1
0 1
Date:
SITE PLAN TRACKING SHEET
LQ-S File opened
Reference Manual updated/number assigned
zoS-
D-base updated
6?.0 , 6 6 File given to Renee' to update Application Action Summary
CLOSE OUT FILE:
Approval (or denial) letter mailed to applicant/copy made for file
c� 0 File stamped "approved", "denied" or "withdrawn"
OS`� Reference Manual updated
bS D-base updated
8 •15 , DS File given to Renee' for final update to Application Action Summary
QUC-1
U \Bc,,\Common\Tracking sheets\Site Plan Tracking ,,pd
Raised 02/07/03
SITE PLAN APPLICATION CHECKLIST
The checklist shown below specifies the information which is required to be submitted as part of the site plan
application. The Department of Planning & Development will review the application to ensure that it is
complete prior to accepting it. If any portion of the application is not complete, it will be returned to the
applicant(s).
(1) One (1) set of approved comment sheets are required from each relevant review
agency prior to final approval of a site plan. It is recommended that applicants
contact the Department of Planning & Development to determine which review
agencies' are relevant to their site plan application. A list of potentially relevant
review agencies is shown below:
Frederick County Department of Planning & Development
Department of GIS (Geographic Information Services)
X Frederick County Sanitation Authority
✓ Frederick County Building Inspections Department
Frederick County Department of Public Works
Frederick County Fire Marshal
% Frederick County Health Department
Frederick County Department of Parks & Recreation
X Virginia Department of Transportation (VDOT)
City of iVTmchester
Town of Stephens City
X Town of Middletown
X Frederick County / Winchester Airport Authority
Ll-- (2) One (1) copy of the Site Plan application form.
(3) Payment of the site plan review fee.
`� (4) One (1) reproducible copy of the Site Plan (if required).
DATE�� ►o — -NO■ 121412
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ORDER --- - -------1182
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
August 12, 2005
Wireless Facilities, Inc
Attn: Daniel Lopez
1840 Michael Faraday Drive, Suite 200
Reston VA 20190
RE: Approval of Site Plan -936-05, Cross Junction Tower 91717 (Cingular)
Property Identification Number (I'IN): 18-A-38
Dear Mr. Lopez:
The Frederick County Department of Planning and Development administratively
approved the above -referenced site plan on August 12, 2005. The site plan is approved
for an expansion of an existing telecommunication tower site located off of Cross
Junction Road in the Gainesboro Magisterial District. This expansion includes some of
the following:
• New 11.6' x 20' equipment shelter
• GPS Units
• Cingular antennas inounted on the existing tower (does not increase approved
Ieight).
The site plan meets all requirements for development in the RA (Rural Areas) Zoning
District. All relevant review agencies have approved the project at this time. I am
providing you with three (3) copies of the approved site plan. Please forward these
copies to the appropriate representat ive(s). Furthermore, advise the owner(s) that a copy
should be kept for future reference, and an approved copy must be kept on the
construction site throughout the development process. Once site development is
complete, the owner(s) should contact this office to schedule an on -site inspection. Do
not hesitate to contact me should you have any questions or concerns.
Sincerely,
Candice E. Perkins
Planner 11
Attachnlcnt
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Wireless Facilities, Inc
RE: Cingular Tower ll 1717
August 12, 2005
Page 2
CEP/bad
cc: Jane Anderson, Real Estate
Patrick Barker, Economic Development Commission
Gary Dove, Gainesboro Magisterial District Supervisor
George Kriz, Gainesboro District Planning Commissioner
Charles Triplett, Gainesboro District Planning Commissioner
Jeanette Floffman, 301 N. Frederick Pike, Cross RHIC ion, VA 22625
COUNTY of FREDERICK
Department of Planning & Development
107 North Kent Street, Suite 202
Winchester, Virginia 22601
2005
V
Jeannette Hoffman
301 N. Frederick Pike
Cross Junctior
:22601 i BD00
N.,rxmE 201 1 0R- 06/20105
RETURN TO SEM DER
NOT DELIVERABLE AS ADDRESSED
UNABLE TO FORWARD
He : 22tSO1500099 -k'301 7 -- O6930 - 15 - 41.
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August 12, 2005
Wireless Facilities, Inc
Attn: Daniel Lopez
1840 Michael Faraday Drive, Suite 200
Reston VA 20190
COUNTY of FR>CDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
RR: Approval of Site Plan 836-05, Cross Junction Tower 41717 (Cingular)
Property Identification Number (PIN): 18-A-38
Dear Mr. Lopez:
The Frederick County Department of Planning and Development administratively
approved the above -referenced site plan on August 12, 2005. The site plan is approved
for an expansion of an existing telecommunication tower site located off of Cross
Junction Road in the Gainesboro Magisterial District. This expansion includes some of
the following:
• New 1 1.6' x 20' equipment shelter
• GPS Units
• Cingular antennas mounted on the existing tower (does not increase approved
height).
The site plan meets all requirements for development in the RA (Rural Areas) Zoning
District. All relevant review agencies have approved the project at this tinge. I and
providing you with three (3) copies of the approved site plan. Please forward these
copies to the appropriate representative(s). Furthermore, advise the owner(s) that a copy
should be kept for future reference, and an approved copy must be kept on the
construction site tI1r0L1gh0L1t the development process. Once site development is
complete, the owner(s) should contact this office to schedule an on -site inspection. Do
not hesitate to contact nle should you have any questions or concerns.
Sincerely,
Candice C. Perkins
Planner lI
Attachment
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Wireless Facilities, Inc • 0
RE: Cingular Tower ill 717
August 12, 2005
Page 2
CEP/bled
cc: Jane Anderson, Real Estate
Patrick Barker, Economic Development Commission
Gary Dove, Gainesboro Magisterial District Supervisor
George Kriz, Gainesboro District Planning Commissioner
Charles Triplett, Gainesboro District Planning Commissioner
Jeanette Hoffman, 301 N. Frederick Pike, CrOSS J1111Ct1011, VA 22625
GLOCK SMIDT ENGINEERING, INC. (=G__S_E__�
LETTER OF TRANSMITTAL
To: Frederick County Dept. of
Planning & Development
Attention: Candice Perkins
Date: 8/14/05
GSE No.: 05010C
RE: Cingular — Cross Jun'ctionl
I
it
AUG 2005
We are sending you:
®
Attached
❑
Under separate cover via the following items:
❑ Blueprints
®
CADD plots
❑
Specifications ❑ Floppy disk ❑ Other
Copies Date Description
These items are transmitted as checked below:
❑
As requested ® For approval
®
For your use ❑ For review and comment
❑
Documents returned after loan to us
❑
See shop drawings/documents for approval status
Remarks:
to: Signed: Robert F. Smidt
1374 W. Jarrettsville Road • Forest Hill, Maryland 21.050 • Plione:(410) 893-9293 • F'ax:(410)
893-9295
W01 `�
VIA DHL
August I, 2005
Candice E. Perkins
Planner II
County of Frederick
107 North Kent Street
Suite 202
Winchester, VA 22601
Mieless f-;icilitik:s, Inc
rvlichael 1--11.xlay Drive
suite )0C,
Reston VA 20190 HSA
Telephone + 1 703 563 7100
Facsimile + 1 703 563 7200
RE: Revision to drawings for Cross Junction #1717 as per:
11 Letter dated June 21, 2005 from Planningand Development Department;
AUG 2 Xo5
2) Comments from Frederick County Inspections Department dated July 18, 2005;
3) Frederick County Engineering Department dated July 19, 2005 and
) Fire Marshall's Office dated June 23, 2005.
Dear Ms. Perkins:
I enclose for your review one (1) set of revised plans to verify the following changes by each Department
to pull a building permit on behalf of Cingular Wireless. The following comments were addressed as
follows:
Planning and Development Comments:
1) Site address: Title page of drawings p. CS-1 address reads: "31 1 Cross Junction Road';
2) Zoning Administrator Approval Signature Line has been included on title page of drawings p. CS-1
upper right corner;
3) Phone numbers for the property owner and applicant have been provided on p. C-1;
4) Cross Junction Route number was provided on p. C-1.
5) On June 24, 2005 I e-mailed your office with attachments answering items 5 and 6 of your June 21,
2005 letter: i) My letter drafted to your attention addressing the above referenced items, ii) June 4, 2002
letter from Rebecca Ragsdale addressed to Evan A. Wyatt re: to Site Plan Approval, iii) February 28,
2003 letter addressed to Kamal Doshi re: Conditional Use Permit Approval; iv) Copy of the redacted
lease showing the access road being non-exclusive; I enclose a hard copy for your files.
Inspections Department Comments:
I) Incorporated the Inspections Department incorporated on title page, P. CS -I upper right hand corner.
Engineering Department Comments:
1) No comments.
Fire Marshall's Office Comments:
I) Access shall be maintained at all times including construction was incorporated on title page, p. CS-1
note number 18.
•
•
Please call me if you have any further changes to the site plans. I look forward to hearing Crom you soon
concerning the Cingular Wireless' minor site plan application.
Res ectfully Submitted,
Daniel N. Lopez
Site Acquisition Specialist
Wireless Facilities, Inc.
1840 Michael Faraday Drive
Suite 200
Reston, VA 20190
Cell: 703-944-6147
Office: 703-563-7253
C-Mail: daniel.lopez a.wfinet.com
cc: Revised Drawings dated June 29, 2005 via DHL with June 24, 2005 e-mail and attachments.
Wireless Facilities, Inc.
Daniel Lopez 1840 Michael Faraday Drive
Site Acquisition Specialist Suite 200
Reston, VA 20190 USA
Direct +1 703 563 7253
Fax +1 703 563 7200
Mobile +1 703 944 6147
daniel.lopez@wfinet.com
www.wfinet.com
0 0 Page 1 of 2
Daniel Lopez
From: Daniel Lopez
Sent: Friday, June 24, 2005 3:52 PM
To: cperkins@co.frederick.va.us'
Cc: 'Timothy Smidt'; 'Robert Smidt'; 'Kama) Doshi'
Subject: FW: Comments from Frederick County on Cross Junction
Candice: I enclose a letter to address some of the issues you raised in your June 21, 2005 letter to me. I enclose the Cross
Junction prime lease evidencing a non-exclusive easement from a public right of way to the site. I also provide copies of the
Conditional Use Permit comments as well to be incorporated in the site plans.
My understanding is that I still need to receive comments of two (2) other departments: Engineering and Inspections. I will need
you to clarify if I also need the Airport Authority as well.
Thank you for your attention in this matter. I enclose my contact information below for your convenience, please do not hesitate to
call upon me, should you have any questions.
Daniel N. Lopez
Site Acquisition Specialist
Wireless Facilities, Inc.
1840 Michael Faraday Drive
Suite 200
Reston, VA 20190
(P) 703-563-7253
(C) 703-944-6147
(F) 703-563-7200
E-mail: daniel.lopez@wfinet.com
-----Original Message -----
From: Kama[ Doshi[mailto:kdoshi@sharedtowers.com]
Sent: Friday, June 24, 2005 10:36 AM
To: Daniel Lopez
Subject: RE: Comments from Frederick County on Cross Junction
per your req
Kamal Doshi 703-893-0806 Fax 703-852-7289
From: Daniel Lopez[mailto:Daniel. Lopez@wfinet.com]
Sent: Wednesday, June 22, 2005 1:50 PM
To: Kamal Doshi
Cc: Jim.Berard@nemail.cingular.com; Ellen Dalmus; brian.weakland@cingular.com; Gerard.Tesi@nemail.cingular.com
Subject: Comments from Frederick County on Cross Junction
Kamal: I hope you are doing well. As we approach the final loose -ends, I wanted to forward to you the comments from the County
on the Cross Junction site to you. I do need your help on two items of the letter from Ms. Candice Perkins. This letter was cc'd to
me, but was sent primarily to our A&E firm for fixing these items.
The comments were minor but two (2) items I will need your help on (taken from letter dated, June 21, 2005): 1) "Conditions.
Provide the conditions from the approved conditional use permit in the Site Plan." And 2) "Access Road. Is the access road to the
tower that is shown on Sheet S03 a deeded right of way? If so, provide the legal reference. "
I believe you and I had a brief conversation concerning item 2 on 5/9/05, but I would like to make sure this is not a problem
between Shared Towers and Cingular.
08/01/2005
• � Page 2 01'2
On page 2, Ms. Perkins erroneously identified the Frederick County Airport as one of the office that needed to see the site plan.
The four (4) departments were: Planning and Zoning, Inspections Department, Engineering Department (Public Works) and the
Fire Marshall. I will take care of this with Ms. Perkins.
I look forward to your continued assistance in this matter. Should you have any questions, I am available whenever to discuss
these items with you. Please do not hesitate to call me. I thank you in advance for your cooperation.
Daniel N. Lopez
Site Acquisition Specialist
Wireless Facilities, Inc.
1840 Michael Faraday Drive
Suite 200
Reston, VA 20190
(P) 703-563-7253
(C) 703-944-6147
(F) 703-563-7200
E-mail: daniel.lopez@wfinet.com
/lttcntion:
Any views expressed in this nlcssagC arc those Of the individual sender, except where the message states otherwise and
the sender is authorized to state them to be the vlC\Vs Ofally such Ciltity. The inforniatlon contained in this lllessage and
or attachments is intended only for the person Or entity to Which it is addressed and may contain coiificicntial and/or
privileged material. If you 1'CCClvcd this ill error, picasc Contact the scilcler �t11C1 dCIcte the material front any system and
destroy any copies.
08/01 /2005
VIA E—MAIL: cperkins a co.fredcrick.ya.us
June 24, 2005
Candice G. Perkins
Planner 11
County of Frederick
Department of Planning & Development
107 North Kent Street
Suitc 202
Winchester, VA 22601
RF: Response to Frederick County, VA letter dated, June 21, 2005 Re: Review Comments for Site
Plan#36-05 Cross Junction Tower 111717 (Chg"ular) PIN: 18-A-38.
Dcar Ms. Perkins:
"Thank you for your above -referenced letter and the comments from your department. I cc'd our architectufe and
cngincering firm to follow up with items 1-11.
I and respond antiphonally to each item you outlined in your June 21, 2005 letter:
I. Item 1. Adding road to cover sheet at the end of 31 1 Cross JUilCtioil is not a problem. GSF. to make this
Change;
2. Item 2. A signature line for the Frederick County Zoning Administrator will be provided on the cover sheet
With a note under the signature line to read, `"The site plan will be valid for a period of five (5) years from
the date of approval." GSL will make this change.
3. Item 3. On sheet C-I : The landlord's phone number is: 540-888-3,118. GSG to make this change.
4. Item 4. Provide route number for Cross Junction Road. The route number is for GSF"s reference: VA Route
522.
5. I enclose In tile e-mail two (2) Icltci-s: Site Plan letter and Conditional Use Permit from Frederick County to
address items 1/5. By copy to GSF, via c-mail, GSE Shall incorporate the verbatim items 1-6 of the CUP
letter dated February 28, 2003. Should they have any questions, 1 and providiet; your phone number
for their convenience. Your phone number is: 540-665-5651.
6. The access road is a non-exclusive easement for ingress and egress negotiated by Mr. Doshi with Jeanette
13. Tloffinan by Power of Attorney given to Edward 1.. Cave elated, September 8, 2001. See paragraph 1
entitled, "Premises and Use" of the redacted lease.
Lastly, I will forward the final plans incorporating your of'fice's comments and the other offices you mentioned in
our subsequent electing of June 3, 2005. Please note that in this electing that you paper clipped the pages togethef
noting that a copy of the site plans for conullenting should have been filecl with 1) the Department of Planning and
Development, 2) Inspections Department, 3) l ngincering Department and 4) Fire Marshall's Of,lice. However, your
June 21, letter excluded the Pire Marshall's office and included the FI'CCICI-iCk County Airport Authority.
Since Cingular is not extending or adding any height to the already existing 260' tower owned and operated by
Shared Towers that you meant to say in your Ietta• the "lire Marshall's Office" versus the "Fredefick County
Airport Authority. Kindly clarify this point for the record so Ciilgular may comply with the County's request.
t believe items 5-6 have been adequately answered.
On "Thursday I received a call from the Fire Marshall's office that comments were ready. I will try to stop by to
discuss any issucS that arc outstanding and share the Dire Marshall's comments to cingular's minor site plan. I loot:
forward to concluding this filing transaction in a positive way. Of course, plC ISC CIO not 11CSit ItC to C,1I1 I11C to CIISCIISS
this matter so that I may answer any qucstionS you play havC. "thank you for your fink and attention in this Matter.
RCSpectI'll lly Submitted,
Daniel N. Loper
Site Acquisition Specialist
Wireless Facilities, Inc.
cc: 'Timothy Snlidt and Robert Smidt of Glock Smidt Enginecring ((;SIi) via c-mail: lsngsci.conruld
rsmidt(�aseixonl.
Kanlal Doshl of Shared Towers via e-mail: kdoshlrl)SharCdtowerS.coill
•
COUNTY of i+REDERICK
Department of Planning and Development
5401665-5651
FAX: 540/665-0395
June 4. 2002
Mr. Evan A. Wyatt
Greemvay Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
Re: Cross Junction Telecommunication Tower; Site Plan 81.3-02
Property ldentification Number (PIN): 18-A-38
Dear Evan:
The Frederick County Department of Planning and Development administratively approved the above -
referenced plan on Rune 3, 2002. The site plan meets all requirements for development in the RA Zoning
District. There are no adverse comments by unv of'the required review agencies; however, any future comments
by these agencies should be addressed promptly. Please rernember to provide a copy of the access easements
when they are recorded. Below is a list of the primary improvements of this development:
Construction of a 260-Coot-high lattice-1Vpe unmanned telecommunications tower.
Marking and lighting of the tower as required by the Winchester Regional Airport.
• A 1 l.5-toot vertical clearance for emergency vehicle access as required by the Fire Marshal.
Construction oC asix-foot-high stockade fence on the north. east, and west sides of the tower site.
Additional screening should be installed, if determined necessary by Planning Department staff to
ensure facilities are not visible from adjoining properties and roadways.
I am providing you �\•ith six copies of the approved site plan. Please forward these to the appropriate
representatives. Furthermore; please advise the otirner that a copy should be kept for future reference and m
approved copy must be kept on the construction site throughout the development process. Once site
development is complete, the owner should contact this office to schedule an on -site inspection. This is
required prior to the issuance ol' an occupancy, permit by the Department of Building Inspections.
Sincerely
�d.L
Rebecca Ragsdale
Planner I
RAR/rsa
Attachment
cc: Sidney Reyes, Gainesboro District Supervisor
em: George J. Kriz, Gainesboro District Planning Commissioner
Charles E. Triplett, Gainesboro District Planning Commissioner
U:1Rchecca\Sirs Ylnit ,cell'roiarrc CJappro�;il. cpd
107 North Kent Street • Winchester, Virginia 22601-5000
•
C�
February 28, 2003
Mr. Kamal Doshi
Shared 'Towers, LLC
6501 Sandy Knoll Court
McLean, VA 22101
COUNTY of FR.EDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
RE: CUP # 12-02 -SHARED TOWERS, INC./CROSS JUNCTION TOWER (Revision of CUP # 18-01);
Property Identification Number 18-A-38
Dear Mr. Doshi:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on
February 26, 2003. Your Conditional Use Permit 412-02, for an extension of 12 months to construct the
tower, was approved with the following conditions:
1. All' Zoning .Ordinance requirements and review agency comments shall be addressed and
complied with at all times.
2. The tower shall be available for co -locating personal wireless services providers.
3. A minor site plan shall be approved by the County.
4. The tower shall be removed by the applicant or property owner within twelve (12) months of
abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the approval
of this Conditional Use Permit, then the CUP will be deemed invalid.
6. A certified Virginia engineer shall provide verification that the tower is designed, and will be
constructed in a manner that, should the tower collapse for any reason, the collapsed tower will
be contained in an area around the tower with a radius equal to, or lesser than, the setback.,
measured from the center line of the base of the tower.
If you have any questions regarding this action or the site plan approval process, please feel free to call this
o ffi cc.
Since/cly,
Ic R. Lawrence AICP
rector
ERL./clh
cc: Mark Smith, Greenway, Engineering
Sidney Reyes, Gainesboro District Supervisor
Commissioner of Revenue
ern: George Kris and Charles Triplett, Gainesboro Planning Commissioners
0.b\gcndaalApprov 1 (or dcnid) hrn\CUP'i\7.003\Crnm )unction Tower Limo ev wpd
107 North Kent Street • Winchester, Virginia 22601-5000
Site Name: (�ri)
Site I. -s� 2 Latitude; _ V ,1
SITE LEASE AGREEMENT
Site Address:
1. Premises and Use. in consideration of the expenditures and
efforts of lessee to develop and use the premises described
below, -the undersigned Qolntly and severally, .the "Owner')
hereby teases to Shared Towers, LLC, a Virginia limited
liability company ('Lessee"), or its permitted assignee, the
site described below:
The exclusive right to use and occupy real property,
approximately lope square foot of land, as approximately
described and shown on Exhibit A, together with non-exclusive
easements (a) to a public right of way, for reasonable access,
(b) to the appropriate sources of electdo and telephone
facilities as determined by Lessee, (o) for placement of any
supporting guyed wires as reasonably determined by Lessee
per good engineering practices and (d) to meet fall -zone or set
back requirements (collectively, the "Site'). The Site will be
used for installing, maintaining and/or operating, a wireless
communications and broadcast facility, including, without
limitation, antenna tourers or poles, guyed wires (if applicable),
foundations, utility lines, equipment shelters, ice bridges, radio
equipment, antennas, security alarms, cameras, lights, and
supporting equipment thereto (collectively, the "Facility'), or
for any other use permitted by applicable law.' Title to the
Facility shall be hold by Lessee and the Facility shall remain
Lessoo's personal property and in no event shall be construed
as fixtures.
2. Term. The; term of this Agreement (the 'Initial Tenn") Is five
(5) years, starting on the date Lessea signs this Agreement.
This -Agreement will be automatically renewed for ton (10)
additional terms (each.a "Renewal Term') of five years each
wiIli -aAWincrease.in rent at each renewal, unless Lessee
provides Owner notice oflntention not to renew 90 days prior
to the expiration of any term,
3, Rent. Beginning whit the date uporl which construction of the
Facility is commenced, rent will be paid quarte I , on the first
day of each calendar quarter, at the rate o'por quarter,
partial months to be prorated. ✓l'4 —11 /"f"�
4. Title, Quiet Possession, and Access. Owner represents
and agrees (a) that it isr the owner of the Site pursuant to the .
Instrument set forth on Exhibit A; (b) that the Site is free from
all encumbrances except as set forth- on Exhibit A, (c) that it
has the right to enter into this Agreement; (d) that the person
signing this Agreement has the authority to sign; (e) that
Lessee, its employees, agents, subcontractors, clients, and
invitees are entitled to access to the Site at all times and to
the quiet possession of the so Iong.as Lessee la, not In default
beyond the oxpimilon of any cure period; and (f) that Owner
will not have unsupervised access to the Site or to the related
Facility. Owner further represents, agrees and covenants'that
during the Initial Tenn and Renewal Terms of this Agreement
Owner will not use, or parrnit others to use, any part of any
real properly currently owned, or hereafter acquired, by Owner
willrin two (2) miles of the Site for any type of communication
or broadcast tower or otherwise provide advice, services for
developmont. of competing properties or release any
information about Lessee's business. Owner shall obtain
non-dlsturbanco, subordination and attommont agreement
from prior Ilen holders as required by Lessee's tltio Insurance
company.
5. Assign mentlSubletting. Neither Owner nor Lessee will
assign or transfer this Agreement without the prior written
consent of the other party, which consent will not be
unreasonably withheld, delayed or conditioned. Upon such
permitted assigriment or transfer Lessee will have no further
liability under the Agreement. tLessee shall be allowed to
sublet, or otherwise grant use rights to all or any portion of the
Sito and/or the Facility without the prior writton consent of
Owner, it being the express Intention of Lessee to lease or
lioense, antenna, towers, shelters, and related space of the
Facility to separate wireless communleatloncatrlers and other
clients.
B. Improvements. Lessee may make such future improvements
on or to the Site and Facility as It deems necessary. Owner
agrees to cooperate with Lessee with respoct to obtaining any
required buildinglzoning approvals for the Site and
improvemonts, 'Upon ,termination or expiration of this
Agreement, Lesson shall remove the Facility and its other
property located upon the Site,-oxcepting the foundatlon, and
will restore the Site to substantially the condition existing at
inooptlon of this lease, oxcapt for ordinary wear and tear and
casually loss. Lessee shall reimburse Owner any property tax
increases directly attributable to Lossoe's Improvements.
Owner shall fully cooperate Lessee in any available
administrative or court appeals of such tax Increases.
7, compliance with Laws. Owner represents that Owner's
property (including the Site), and ail improvements located
thereon, . aro In substantial compliance with building,
Iltolsafety, disability and other laws, codes and rogulations of
applicable governmental authorities:. tessoe will substantlally
comply with all applicable laws relating to Its possession and.
use of the site.
a. Utilities, Lessee will pay foreility connoctions to the Site.
Owner will cooperate with Lessee in Lessee's efforts to obtain
utilities from the most economical source,
9. Termination. Lessee may terminate this Agreement at any
time by notice to Owner without further liability, if Lessee does
not obtain all permits or other approvals. (collectively,
"approval') required from any municipal andlor governmental
authority or any easements required from any third party to
construct/operate the Facility for its intended use, or If any
such approval is canceled, expires or is wilhdravrn or
terminated, or If Owner falls to have proper ownership of the
Site or authority to enter into this Agreement, or if Lessee, for
any other reason, in its sole discretion, determines that It will
be unablo to use the Site for its Intended purpose.
10. Default. If either party is In default under this Agreement for a
period thirty (30) days following receipt of notice from the non -
defaulting party shall have the right to pursue all legal
remedies including termination of this Agreement, If a non -
monetary default may not reasonably be cured within a thirty
(30) day period, this Agreement may not be terminated If the
defaulting party commences action to cure the default within
such 30 day period and said default Is substantially cured
within ninety (90) days of the initial notice of default.
11, indemnity. Owner and Lessee each Indemnify the other
against and hold the other harmless from any and all costs
(including reasonable attorneys' fees) and claims of liability or
loss which arise out of the use andfor occupancy of the Site or
Facility by the direct actions or culpable omissions of the
indemnifying party, Its employees, agents or Independent
contractors. This indemnity does not apply to any claims
arising from the sole negligence or intontlonal misconduct or
omission of the party seeking indemnification.
12. Hazardous Substances. Owner represents that it has no
knovrledge of any substance, ground contamination, chemical
or waste (collectively, 'substance') on the Site that is
Identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation. Lessee will not
Introduce or use any such substance on the Site In violation of
any applicable law. Owner shall indomntfy Lessee against
and hold It harmless from any and all costs (Including
reasonable attomoys' ices) and claims of liability or loss which
ariso out of any occurrence or condition causing the presence
of any such substance on the Site that occurred prior to the
date of this Agreement or is directly attributable to the Owner's
use of adjoining promises during the term of this agreement.
Owne_r,A, °Owner"
By:
Name: ,Lf'
Title:
Dato: _ ' 9 -Da
13. Waiver of Ovm• Lien. (a) Owner waives any lien rights It
may have concerning the Facility, which Is deemed Lessee's
personal property and not fixtures, and Lessee has the right to
remove the some at any time without Owner's consent,
Owner (1) disclaims any interest, now or In the future, in and to
the Facility, as fixtures or otherwise; (i)) agrees that the
Facility and the leasehold or other use interest of Lessee or its
authorized sublessees or users, shall be exempt from
execution, foroclosuro, sale, levy, attachment, or distress for
any rent duo or to become due, and (Ili) agrees to provide any
such lender with an estoppel statement regarding the above
facts, such as the lack of a default hereunder, and any other
Information or document reasonably requested, such as a non -
disturbance, subordination and attornrnent agreement, within
five (5) days of request.
14. Insurance. Lessee, at its sole cost and expense, shall upon
commoncernent of construction (upon use of mechanical
equipment to disturb the land, but not for taking of soil
samples or surveys and measurements) procure and maintain
bodily Injury and property insurance on the Facility with a
combined single limit of at least One Million Dollars
($1,000,000) per occurrence, A copy of such policy shall be
fumishod to Ownor within 30 days of written request.
15. Miscellaneous, (a) This Agreement applies to and binds the
hairs, successors, executors, administrators and assigns of
the partios to this Agreement; (b) This Agrooment Is governed
by the laws of the State in which the Site Is located; (o) This
Agreement (including the Exhibits) constitutes the entire
agreement between the partlos and supersedes all prior
agreements; any amendments to this Agreement must be
executed by both parties; (a) If any provision of this
Agreement is invalid or unenforceable with respect to. any
party, the remainder of this Agreement, will not be affected
and shall remain valid and enforceable to the extent permitted
by law; (f) The prevailing party in any action or proceeding in
court Is entitled'to receive its reasonable attorneys' fees and
other reasonable enforcement (or, as applicable, defense)
costs and expenses; (g) Owner agrees promptly to execute
and deliver to Lessee, simultaneously herewith or forthwith
herealtor, a recordable Memorandum of this Agreement in the
form of Exhibit B; and (h) All notices are effective, on the third
business day after their deposit via certified and postage
prepaid mall, or, on the next business day after deposit via
overnight delivery, to the address below,
Address:
shared Towers, LLC. ("Lessee')
Kornai C, Doshl
Managfpq� be
6501 Sandy noll Ct
McLean, VA 22101
EXHIBIT A
Site Agreement - Site Description — Permitted Exceptions
hr1) l/"�'c''�`-^ Site.D..'5�22^Z
Site Name: � —. 1-
Site situated In the City/Town of , County of �0--4 State of — commonly described as follows:
C7
Legel Description: A portion of the promises located at address:
CD
CO
more particularly described in Deed to dated
City/County Regisiry of Deeds at Book Page . Tax Map Reference S�
and recorded
A-_- _�� %�-
in%.D
d' 7 9/3-7
_ ^,
Sketch of Site: n l 2 P� _ 4 �6 r�•"�"",(
(-jV j I9(f I
-
3 9
T) 4�7 (� 76- dN4�1
-r/r sfr77G
3-7
J", ,, - 1�- E
�Z'5 Z 2
Permitted Exceptions: None.
Owner Initials —Z/,,f
And _
Lessee Initials`
Note: Owner and Lessee may, at Losseo s option, replace this Exhibit with an exhibit setting forth the legal doscriptlon of the
property on which tho Site is located and/or a survey dravring depicting the Site.
Cross Junction (Shared TovJLFs) #1717
0
Request For Site Plan Comments
Frederick County Inspections Department
Mail to:
Frederick County Inspections Dept.
Attn: Building Official
107 North Kent Street
Winchester, VA 22601
(540) 665-5650
Hand deliver to:
107 N. Kent Street, Suite 200
North Building, 2"d Floor
Winchester, VA
(540) 665-5650
Please fill out the information as accurately as possible in order to assist the agency with their
review. Please attach one (1) copy of the site plan with this sheet.
Wireless Facilities, Inc. on behalf of New Cingular Wireless PCs, LLC
Applicant's Name:
Address: 1840 MichaelFaraday Drive, Suite 200, Reston, VA 20190
Phone Number: 7A3,A&A,AjA7
Name of development and/or description of the request:
Project consists of the installation of Cellular/PCS equipment support frames, ice bridges, and antennas frames and
cables on a new monopole built by Shared Towers
Location of �ro�erty:
301 N. Frederic Pi e, Cross Junction, VA 22625
IneMctions Department's Comments:
s
Inspections Dept. use only
Date received Date revision received Date approved ;�Ik6L—
Incomplete IIncplet
Date reviewed Dia r wed j` �J r
Signature and Date'
Signature and Date (revision)
16
Cross Junction (Shared TowerISR1717
�J
Request For Site Plan Comments
Frederick County Engineering Department
Mail to:
Frederick County Engineering Dept.
Attn: Director of Engineering
107 North Kent Street
Winchester, VA 22601
(540) 665-5643
Hand deliver to:
107 N. Kent Street, Suite 200
North Building, 2"" Floor
Winchester, VA
(540) 665-5643
Please fill out the information as accurately as possible in order to assist the agency with their
review. Please attach two (2) copies of the site plan with this sheet.
Wireless Facilities, Inc. on behalf of New Cingular Wireless PCs, LLC
Applicant's Name:
Address: 184U-NI' ' ' o ,
Phone Number:
7
Name of development and/or description of the request:
Project consists of the installation of CelluladpCS gquipment suRport frames ice bridal, -and antennas frames and
cables on a new monopole built by Shared Towers
Engineering Dept. use only /
_(ateDate revision received Date approved
received (43(
Incomplete Incomplete
Date reviewed 9 —0 b Date reyie
Signature and Date
Signature and Date (revision)_
17
t~L'f3llC WOf�f� & IPdSf'EC�IL�1V;:
Control number
SP05-0036
Project Name
Cingular Wireless Cross Junction
Address
1840 Michael Faraday Drive
Type Application
site plan
Current Zoning
RA
Automatic Sprinkler System
Yes
Other recommendation
Fire extinguishers are required
Emergency Vehicle Access
Adequate
Siamese Location
Frederick County Fire and Rescue
Department
Office of the Fire Marshal
Plan Review and Comments
Date received Date reviewed Date Revised
6/13/2005 6/23/2005
Applicant
Cingular Wireless
City State Zip Applicant Phone
Reston VA 20190 703-944-6147
Tax ID Number Fire District Rescue District
16 16
Election District
Recommendations Gainesboro
Automatic Fire Alarm System Residential Sprinkler System
Yes No
Requirements
Hydrant Location
Not Identified
Roadway/Aisleway Width
Adequate
Emergency Vehicle Access Comments
Access shall be maintained at all times including construction
Access Comments
Additional Comments
Fire Lane Required
Yes
Special Hazards
No
Plan Approval Recommended Reviewed By Signature '
Yes K Steudl Title
1
l �
�
COU
NT
Tof F + i�EICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
June 21, 2005
Glock Smidt Engineering, Inc.
Attn: Timothy Smidt
1374 W. Jarrettsville Road
Forrest Hill, Ma 21050
R1;: Review Comments for Site Plan 436-05, Cross Junction Tower #1717 (Cingular)
Property Identification Number (PIN): 18-A-38
Dear Mr. Smidt:
Planning Staff has reviewed the above -referenced site plan to determine if administrative
approval can be granted. At this time, administrative approval cannot be granted. This site
plan is denied until the issues in this letter, as well as all issues of the other review agencies,
have been adequately addressed. Please review Staffs comments listed below and then
prepare a revised site plan which adequately addresses each concern.
Review Comments:
1. Site Address. On the cover sheet include "Road" neat to 311 Cross Junction.
2. Zoning Administrator Signature Line. A signature line for the Frederick County
Zoning Administrator needs to be provided on the cover sheet along with a note
under the signature line that states that the site plan will be valid for a period of five
(5) years from the date of approval.
3. General Notes. On Sheet C-1, phone numbers need to be provided for the property
owner, and applicant.
4. Cross Junction Road. Provide the route number for Cross Junction Road.
5. Conditions. Provide the conditions from the approved conditional use permit in the
site plan.
6. Access Road. Is the access road to the tower that is sho\vll on Sheet S03 a deeded
right-of-way? if so, provide the legal reference.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Glock Smidt Engineer,*,,Inc.
RE: Cingular Tower # 1717
June 21, 2005
Page 2
After you have revised the site plan, please resubmit one copy so that I may verify the
information contained on the plan. I will need all approved review agency comment sheets
and at least five copies of the final plan for final administrative approval. Comment sheets
are required from the following agencies: the Frederick County Insliections Department, the
Frederick County Department of Public ff,orks (County Engineer), and the Frederick County
Airport Authority.
Sincerely,
Candice E. Perkins
Planner 11
Attachment
CEP/bad
cc: Wireless Facilities, Inc, Attn: Daniel Lopez, 1840 Michael Faraday Drive, Suite 200,
Reston VA 20190
0
n0S`-') I Uac i� - �
�
kuz
The following information must be included on your site plan. If your site plan is incomplete or
is missing information, it will not be reviewed and returned to you for revisions.
Administrative Information
1.
�/ ✓ 2.
4.
5.
6.
0.
,A/ r /1 9
General Site Information
Y N
Name of proposed development.
Name, address, and phone number of owner.
Name, address, and phone number of developer.
Name, address, and phone number of designer.
Certificate of surveyor, engineer, or architect.
Date plan prepared and date of revisions.
A listing of all conditions placed on the site as a result of a
conditional use permit or conditional zoning approval.
A space labeled "Approved by the Zoning Administrator" for
the approval signature and date of approval.
A description of setbacks or conditions placed on the site as a
result of a variance approval. (Reference the variance
application number.)
v
10.
Location map (scale 1:2000)
11.
Magisterial District
12.
Scale of site plan (not to exceed 1:50)
13.
North Arrow
14.
Zoning of site
15.
Use, zoning, and Property Identification Number (PIN#) of all
adjoining properties. This includes properties located across
right-of-ways, streams, and railroad tracks.
16.
Surveyed boundaries for all lots and parcels.
4
General Site (con't)
Y N
Building Information
Y N
Roads
Y
N
17. Acreage of all lots included in the plan.
018. The location and dimensions of all required setbacks and yard
areas.
19. The location and type of all dwelling units.
20. Location and description of all recreation facilities.
21. Location of sidewalks and pedestrian ways.
22. Location and area of common open space.
23. The location, height, and dimensions of all signs.
24. Location, height, and specifications of outdoor lighting fixtures.
25. Location and nature of outdoor storage areas.
26. Location of outdoor trash receptacles and dimensions of
structure (fencing, etc.) required to enclose receptacles.
27. The height of all buildings and structures.
28. Location of all buildings, structures and uses.
29. The proposed use of each building, structure and area.
30. Ground floor area and total floor area of all buildings with FAR
calculations for commercial and industrial zoning districts.
Name and number of existing and planned streets on and
adjoining the site.
32. Location of existing and planned streets on and adjoining the
site.
33. Posted speed limit of existing adjacent roads.
34. Location and dimensions of all proposed entrances from public
right-of-ways.
10
r ✓ 35. Location of all entrances on adjoining roads within 200 feet of the
proposed or existing entrance.
36. Dimensions, boundaries, width, pavement, and construction of
planned roads.
Natural Features
Y N
37. Location of all utilities, including sewer and water lines wi b_tr
-_size of lines, mains, and laterals
38. Location -and widt _of -al easements, including access, utility,
7ocafiron
d din ge easements.
39. and nature of fire lanes fire hydrants, and all other
facilities necessary to meet Fire Cod4-requirements.
Calculations describing-the`required number of parking and
loading'spac�es.`
Location -and -dimensions of all parking and loading spaces,
driveways, parking aisles,curbing and other features to be used.
Location and dimension of all dis�abl d parking spaces and
ramps.
Existing and finished contour lines. .
Location of steep slopes, woodlands, floodplains, wetlands,
sinkholes, and other environmental features.
Location of streams and drainage ways.
Landscaping
Y N
Y
46. Landscaping plan describing location and types of plants to be
used.
47. Location of required buffers and screening with cross sections or
profiles.
-"`-48. A storM- water management plan with runoff calculations and
b-&a iio,�n and description of facilities to be used.
4 Soil ero�io and sedimentation control plan describing the
location and metho s to be used to minimize erosion and
sedimentation during development.
12
Cross Junction (Shared Towers) #9 / •
Request For Site Plan Comments
Department of Planning and Development
Mail to: Hand deliver to:
Department of Planning and Development 107 N. Kent Street
Attn: County Planner North Building, 2nd Floor
107 North Kent Street Winchester, VA
Winchester, VA 22601 (540) 665-5651
(540) 665-6651
Please fill out the information as accurately as possible in order to assist the agency with their
review. Please attach two (2) copies of the site plan with this sheet.
Applicant's Name: Wireless Facilities, Inc. on behalf of New Cingular Wireless PCs, LLC
1840 Michael Faraday Drive, Suite 200, Reston, VA 20190
Address:
Phone Number: 703-944-6147
Name of development and/or description of the request:
Project consists of the installation of Cellular/PCS equipment, support frames ice bridges, and antennas frames and
cables on a new monopole built by Shared Towers
Location of property:
301 N. Frederick Pike, Cross Junction, VA 22625
Planning and Development's Comments:
Planning and Development use only
Date received
Incomplete
Date reviewed
Signature and Date
Signature and Date (rev
Date revision received
Incomplete
Date reviewed
15
Date approved
JUN 1 3 2005
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EXP
Fionx CIIIGULAR WIRELESS
ORIGIII:
D.Lopez
BW1
NETWORK OPS
7150 STAND,"RD DR
Sender's ret
HANOVER, PAD 21076
Cross Junction Drawings
UNITED STATES Tel:703-563-7253
Tv: Frederick County Planning and Dev POSTCODE
Candice Perkins
22601
107 North Kent Sti eel
Witchester. VA 22601
L UNITED STATES
Tel: 540-665-5650
Description: Dravnings for review
Weight: 1 Ibs for 1 pcs
Date: 2005-06-10
OHL standard terms and condirions apply.
FM CA 4X
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(2L)US22601
WAYBILL:
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SITE PLAN APPLICATION
Cross Junction (Shared Towers) #1717
1.
Project Title:
2.
Location of Property
301 N. Frederick Pike, Cross Junction, VA 22625
(street address)
3.
Property Owner.
Jeanette Hoffman
Address:
301 N. Frederick Pike, Cross Junction, VA 22625
Telephone:
540-888-3418
4.
Applicant/Agent
Wireless Facilities, Inc. on behalf of New Cingular Wireless PCs, LLC
184U Michael Faraday Drive, Suite ZUU, Heston,
Address
Telephone:
703-944-6147
5.
Designer:
1374 W. Jarretsville Road Forest Hill, MD 21050 _
Address:
Telephone:
410-893-9293
Timothy Smidt
Contact:
6
•
6a. Is this a standard or'minor' site plan?
6b. Is this an original or revised site plan?
7a. Total acreage of parcel to be developed:
7b. Total acreage of parcel:
8. Properly Information:
a) Property Identification Number:
b) Current Zoning:
c) Present Use:
d) Proposed Use:
e) Adjoining Property Use(s)
f) Adjoining Property Identification Number(s)
g) Magisterial District(s)
Standard Minor X
Original Revised
.0045 acres
.12 acres
18-A-37
Rural Agricultural
Residential
Telecommunications facility
Vacant agricultural land with some residential dwellings
' Please see the adjoining property IDs noted below
Gainesboro
I have read the material included in this package and understand what is required by the Frederick County
Planning Department. I also understand that all required material will be complete prior to the submission
of my site plan.
L�— �-
Signature(-'
Date:
* 1) 18-A-38 Jeanette Hoffman; 2) 18-A-37 Hoffman; 3) 18-A-42A Shawnee Canning Co.; 18-A-32C Collins
7
Cross Junction (Shared Towers) #170
Special Limited Power of Attorney
County of Frederick, Virginia
rr0
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone540-665-5651
Facsimile 540-665-6395
Know All Men By These Presents: That I (We)
Jeanne a der
(Name) , / (Phone)
V3 N. Frederick Pike, Cross Jundt' n, VA 22625
(Address)
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's
Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 214 on 127 Page , and is described as
Parcel: 18-A Lot:37 Block: Section: Subdivision:
do hereby make, constitute and appoint:
Wireless Facilities, Inc. on behalf of New Cingular Wireless PCS, LLC
(Name)
(Phone) 703-944-6147
(Address)1840 Michael Faraday Drive, Suite 200, 20190
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority
I (we) would have if acting personally to file planning applications for my (our) above described Property, including:
G Rezoning (Including proffers)
G Conditional Use Permits
G Master Development Plan (Preliminary and Final)
G Subdivision
G X Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this __,? day of v 'd o , 2005
Signature(s)
9
State of Virginia, City/County ofy , To -wit:
I, q_%� _. "a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signL o t oregoitig instrument and who is (arc) known to me, personal appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this 3 day of �t.._ . , 20(L
My Commission Expires:
Notary s;,^+�a's+k
�4� ;:;
Document Approval Form 2005L
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR
APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR
APPROVAL.
IF TRIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE
COMMENTS AS TO WHAT YO U WOULD LIKE TO NA VE COMPLETED.
ENTITALS DATE & TIME
Candice
David
Mark
Susan
Eric
COMNXNTS:
Received by Clerical Staff (Date & Time):
DATE =111' C, N 1 127412
RECEIVED FROM I1) 1 �T(`.��+1a;—PE �X5�1� LTA s �w
4iklt kkid a&d '�N/ / DOLLARS
0FOR RE T
OR
r'-55 -'�� �u I-71-7
CASH
FROM TO
HECK j
OMONEY BY
ORDER 1182
ACCOUNT
PAYMENT?
BAL. DUE