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HomeMy WebLinkAbout20-97 Shenandoah Mobile Co (Bowling Green Site) - Tower Site - BackfilePC REVIEW: 01/07/98 BOS REVIEW: 01/28/98 CONDITIONAL USE PERMIT #020-97 SHENANDOAH. MOBILE CO. Commercial Telecommunications Facility Bowling Green Ridge Site LOCATION: This property is located approximately 0.25 miles east on Route 688 from the intersection with Route 50. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 28-A-165 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential, agricultural, and timbering. PROPOSED USE: 125-foot Commercial Telecommunications Facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objections to a conditional use permit being issued for this property. An entrance serving the property will need to be installed to current VDOT PE-1 Standards to allow for safe egress and ingress. The owner/developer will need to apply to this office for issuance of necessary permits to cover access to the property and upgrading of the entrance. Inspections Department: Structure shall comply with the Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility and Miscellaneous) of the BOCA National Building Code/l996. Please submit Virginia A/E sealed plans at the time of permit application. Fire Marshal: Post temporary street address signage during construction. 0 0 CUP #020-97, Bowling Green Ridge Site Page 2 January 21, 1998 Health Department: The Frederick County Health Department has no objection to the proposed facilities. Winchester Regional Airport: See attached letter from Douglas P. Strand, Executive Director, dated December 16, 1997. Planning and Zoning: Ordinance Background: Frederick County adopted an amendment to the Zoning Ordinance in April 1997 that allows commercial telecommunication facilities with an approved Conditional Use Permit. This amendment specified that telecommunication facility CUP's could be approved provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. Additional performance standards are also applicable to the CUP review. Ordinance Conformance: The proposed facility will be constructed on property located east of Route 688, on the Poole property. The Zoning Ordinance requires that towers of 125 feet in height (as is proposed) be placed a minimum of 140 feet from adjoining property lines of properties used for residential purposes, and 150 feet from any road right-of-way. The proposed tower location will comply with the setback requirements for the proposed telecommunication facility. The applicant has provided a map depicting the site selection search area. Eight comparable FCC license holders operating within this search area have been identified; none have constructed telecommunication facilities and begun providing services. In the interest of protecting the county's viewshed, it is encouraged that all telecommunication facilities are constructed in a manner that is conducive for co -locating with other comparable service providers. CUP's should not be granted until attempts to co -locate have been exhausted. The applicant has identified other comparable FCC license holders in the area that will be seeking telecommunication facilities in the near future and without allowing for co -location, the County may encounter a significant increase in telecommunication facilities in the viewshed. As there are no comparable facilities in existence within the search area, it is acceptable that this facility could be permitted with the understanding that other comparable service providers be allowed to co -locate on the tower. In order to alleviate the future abandonment of telecommunication facilities, the ordinance requires that procedures for guaranteeing the removal of such towers be established during the CUP process. The applicant has researched possible methods to guarantee the facility's • 0 CUP 9020-97, Bowling Green Ridge Site Page 3 January 21, 1998 removal. The applicant proposes that the County not require a monetary guarantee, but accept Shentel's (Shenandoah Mobile Company) business practice as a guarantee. The applicant, Shentel, states "It is our accepted and understood business practice to remove any tower that no longer serves a purpose." The Zoning Ordinance requires that a guarantee be provided for removal of facilities; therefore, this needs to be resolved prior to this application's review before the Board of Supervisors. The structure will be a 125-foot monopole -type tower initially equipped for operation of a wireless communication services system. Should the tower be required to be lighted, it will be provided with a dual lighting system which provides red lights for nighttime and medium intensity flashing white lights for daytime and twilight use. The Zoning Ordinance requires that these lights be shielded from ground view to mitigate illumination to neighboring properties. At this time, the proposed accessory structures are not visible from adjoining properties, roads or other right-of-ways. Therefore, landscaping and screening of any accessory structures will not be required, neither will the shielding of the lighting. It is staff's opinion that a shared entrance onto Route 688 should be utilized. This will eliminate the additional entrance onto Route 688 that is within close proximity to the existing entrance. Request for Construction -Type Waiver: As stated in the letter dated December 16, 1997, the applicant is proposing to construct a monopole -type tower at this location. Therefore, the waiver is not required. Staff Recommendation for January7, 1998: Staff recommends approval with the following conditions: All review agency comments shall be complied with at all times. 2. The tower shall be available for co -locating comparable communication service providers, at reasonable rates. 3. An acceptable guarantee is established with the County for the removal of the tower within one year of tower abandonment. 4. A minor site plan is approved by the County. 5. A shared entrance onto Route 688 is to be utilized. This will eliminate the additional entrance onto Route 688 that is within close proximity to the existing entrance. 0 • CUP #020-97, Bowling Green Ridge Site Page 4 January 21, 1998 PLANNING COMMISSION SUMMARY & ACTION OF 01/07/98: The issue of the removal of abandoned towers was discussed and what type of guarantee could be provided by the applicant that would be acceptable to the County. Planning Commission members stated that some form of bonding or other monetary surety would need to be provided. The applicant stated that they would provide a guarantee, in the form of a letter, and they would also accept a condition on each conditional use permit stating that the tower would be removed within one year of abandonment. The applicant stated that they would prefer not to submit a monetary guarantee, but if the letter of guarantee and stipulated condition would not satisfy the County, they would post a bond. One adjoining property owner spoke in opposition to the tower. His concern was aesthetics and the effect the tower would have on the monetary value of his property and home. The Planning Commission unanimously recommended approval of the Bowling Green Ridge Site for a 125' monopole tower, meeting all setback requirements, and with the same conditions listed by the staff. (Mr. Wilson was absent from the meeting.) O:WGEN DAS\COMMENTS�BO W LNGRN.CUP ��Ak SUNV4 n* TOP OF VQGM December 16, 1997 i 0 WINCHESTER REGIONAL AIRPORT Leonard L. Greisz, Project Manager Shenandoah Mobile Company Post Office Box 280 Edinburg, Virginia 22824 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (703) 662-2422 Re: Request for Conditional Use Permit Comments Installation of Commercial Telecommunications Facilities TWR167 - Smith Property TWR78 - Guthridge Property TWR79 - Anderson Property TWR84 - Poole Property TWR180 - Ritter Property Dear Mr. Greisz: Based on review of the above referenced projects by our engineering firm, the Winchester Regional Airport Authority does not anticipate that the above towers will penetrate FAR Part 77 Surfaces that will impact operations at Winchester Regional Airport. Final comment on these request will be contingent on receiving favorable responses from the Federal Aviation Administration and the Virginia Department of Aviation on the FAA Form 7460-1 submittals. I would like to request that a copy of each response from FAA be forwarded to this office as soon as you receive it. Should you have any questions or require additional information, please contact our office (540) 662-5786. I appreciate your cooperation on this matter. Sincerely, 4� Douglas P. Strand Executive Director 6 M 6 9 168 2 p1a ■ 160 [ s 172 q 2 vra C� �S 2 oea 6 168 161 SG \ 9 2 vb. A� t 2v. O 14 '4A 2 vra 14C 171 167 McKee 6 Adams Spiess 8 170 a� Ad "ns 161C 158 2 �� raol 164 16 125 1LgP 66 14B 76. Proposed Tower 62 63A 1�y 5d 165 63C 125 124 Dove R, . t4•3D 129 Mayhew 164A 6� 6vi& � 2 A 71 _ 120 Poole 37 Luttrell 99 130 Mayhew Hunt 157 131 .D7 Mayh 134 132 134 3 63 2 D1a 1566 156D 134A 156C 105 156 156E 123 122 135 121 :1:5 58 737 a�a 155 g 10 138 119 11 4 R 141 152 157 w 95 150 96 i 4S 119A 94 9 S�raw 149 t 50 •.uur. • u•ounu Shenandoah Mobile Co. runnn• Bowling Green Ridge Site ■:vnror. TWRC084 Bowling Green Rid* 0 Submittal Deadline P/C Meeting BOS Meeting - APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA � Uj? -#-Q Z c)_ C? 1. Arplicant (The applicant if the owner x other) NAME : - Shenandoah Mobile Company ADDRESS: Post Office Box 280 - 212 Piccadilly St., Edinburg, VA 22824 TELEPHONE (540) 984-3003 - Leonard L. Greisz , Project Manager 2. Please list all owners, occupants, or parties in interest of the property: Estate of Charles Kenneth Poole - Nancy L. Poole, Administratrix CI'A 3. The property is located at: (please give exact directions and include the route number of your road or street) Prm intersxtion of RnutAs 37 and 50., proceed west on Rt. 50 to its intersection with Route 688. Proceed east on Rt. 688 approximately 0 25 miles to a gravel road on riclht. Follow gravel road approximately 0 13 miles to tower site 4. The property has a depth of ± 1 ,500 (Please be exact) road frontage of 372.66 feet and a feet and consists of 121.96 acres. 5. The property is owned by Charles Kenneth Poole as evidenced by deed from Charles Martin Poole, et ux, recorded (previous owner) in deed book no. 380 on page 579 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. 28-A-165 Magisterial District Gainesboro Maqisterial District Current Zoning Rural Area 7. Adjoining Property: USE North Residential East South West Agricultural Agricultural Timbering ZONING -:•, ,:��� RA A-, RA RA RA TWRC084 0 0 8. The type of use proposed is (consult with the Planning Dept. before completing) commercial telecommunications facilities 9. It is proposed that the following buildings will be constructed: A 125 foot self supporting steel tower and a 8' x 10' concrete equipment pad. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides, rear and in front of (also across street from) the property where requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14-DIGIT NUMBER.) Edward W. Dove Address P. O. Box 423 Cross Junction, VA 22625 Property ID#' _ 28-A-129 Address 6273 Northwestern Pike Kenneth Poole Gore, VA 22637 Property IDm 28-A-130 Raymond H. & E. Jean Address 366 Singhass Road Winchester, VA 22602 Mayhew Property IDT" 28-A-131 Address 366 Singhass Road Raymond H. Mayhew Winchester, Property ID,,-.-" Address 6115 Northwestern Pike Gary R. & Sheila J. Hunt Gore, VA 22637 Property ID.0 28-A-133 Address 6001 Northwestern Pike Roger R. & Susan K. Newlin Gore., VA 22637 Property IDS 28-A-134 TWRC084 NAME Address 5783 Northwestern Pike Denny G. & Barbara L. Gore, VA 22637 Mayhew Property ID# 28-A-164A Address 14919 Owlnest Road Estelle M. Sudduth Nokesville, VA 22123 Property ID,O 28-A-134A Address 6059 Northwestern Pike Elwood & Karen Sisk Gore, VA 22637 Property IDm 28-A-13413 Address 6016 Northwestern Pike Isaac Lee Luttrell Gore VA 22637 Property IDS` 28-A-157 Address 5215 Font Avenue Kurt P. W. & Bertha Ellicott City, land 21043 Spiess, Sr. Property ID# 28-A-158 Address 4592 North Frederick Pike Charles Franklin Adams Property IDm 28-A-161C Address 422 Stoney Hill Road Theodore Joseph & Bonnie Winchester VA 22603 Property ID# 28-A-161B Address 4592 North Frederick Pike C. F. Adamas, Sr. Winchester, VA 22603 Property IDm 28-A-161 A Henry C. Iva Ruth Address 1908 South Lou oun ee Winchester • Buettner, Jr. Property IDS 28-A-161 Melvin L. & Virginia D. Address 387 Stoney Hill Road Fenn Property ID# 28-A-162 Valley Mortgage & Address 609 Cedar Creek Grade, Suite A -Winchester,, Investment property ID# 28-A-163 Charles Franklin Adams Address 4592 North Frederick Pike Winchester, VA 22603 Property ID-` 28-A-164 TWRC084 1* 0 NAME Kenneth C. Poole, Sr. (Estate of) Address 6273 Northwestern Pike Gore VA 2 637 Property ID# p y 28-A-165A Kenneth C. Poole, Sr. Address 214 Stoney Hill Road Winchester VA 22603 Property ID# 28-A-165B Charlotte Butte McKee c/o Steven Butler Address 1175 Lauck Drive Winchester VA 22603 Property ID# 28-A-170 David T. Parry Address 5526 Broad Branch Road, N.W. Property ID# 28-A-166 Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# TWRC084 0 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. See attached site plan. TWRC084 12. Additional comments, if any: 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. SHENANDOAH MOBILE COMPANY Signature of Applicant By •�~'';r---- •- Leonard L. Greisz, Project Manager ESTATE OF CHARLES KENN = POOLE Signature of Owner .-�f�� (��1 Nancy Ll Poole, Administratrix CTA Owners' Mailing Address 6273 Northwestern Pike Gore VA 22637 Owners' Telephone No. (540) 877-1538 Shenandoah Mobile Company TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: TYPICAL MONOPOLE TOP MOUNTED u 0 ROTATABLE Z PUIFORM O W V 130'— - (FUTURE) 1201— - — / (OPTIONAL) 110' 1 z 0 N M Cr 0 z o 70 11 nIU 11 hininq Rod Extension 152' - — 150' Feedline Exit Port Hole 6'o DISHES MONOPOLE SECTION DESCRIPTION CHART CONFIGURATION dr SECTION ELEVATION PIPE MATERIAL SIZE �• WEIGHT (LBS PER SECTION I - A I 10' - 145 18" O.D. x .375" WALL 2790 2 - D 70' - 110' 3W O.D. x .375" WALL 5124 s - C 30' - 70' 42" O.D. x .375" WALL 7194 4 - D 0' - 30' 54" O.D. x .375" WALL 7270 ANTENNA INFORMATION ANTENNA TYPE ELEVATION (12) ALP 9212 PANELS W/ROTATABLE PLATFORM 0 150' (12) ALP 9212 PANELS W/SECTOR MOUNT PLATFORM 0 130' 2 MICROWAVE DISHES OPTIONAL 0 120' Hond Holes N Moin Feedline Port Holes IN 20 _ 0 Monwoy 10.50 kips- 1056.49 Il-kips IA 33.37 kips �1 BASE REACTIONS GENERAL NOTES: 1.) All Splice Dolls Per A325. 2.) All Pipe Material Is (FY Z 42 ksi). All Plate Material Is ASTM A36 (FY Z 36 ksi). 3.) Standard Grounding Is Required. 4.) Climbing Lodder Is Provided. 5.) Some Detoil Is Omitted For Clarity Of Illustration. 6.) Using Spread Wrench: "Snug Tight" Nuts Al Each Location With Full Effort. Then Turn An Additional 1/2 Turn To Achieve Proof Load. (-!Z.) _�_113"O x _72A449 Anchor Bolls Are Req'd. With _9-" Of Thread On Each End. E ture Is Designed To Meet ANSI/ETA-222-F 1996 Sid. ic Wind Speed 01 -75 MPH With 1/2'. MARKING NOTES: 1. Bose Section Is To Be Stomped 0 The Bose Plate. All Other Sections Are To Be Stomped At The Top. 2.) Section Labeling System Information Is Given In The Detailed Information Chart. The Labeling System Is To Be Used For Proper Identification Of All Sections And To Ensure Proper Installation. S A M P L E � 1. "Ir.�." CENTRAL TOWER JOINT VENTURE C--�'.d"T- TM 9OQUDEA AVE EVAMY114 MAMA 41117 - 112.4:-3M R11VISMS I BY ""E INSTALLATION & FABRICATION OVERVIEW • XXXXX XXXXXX XXX XXXXT D.T. : C. Rohrer FUT. IF y_y_yy None FAAww4c NO: -xxx-xxxxx� 0 TwR084 N�ce proposed Construction or Alteratio A.arcnautical 5:;:cy Number U 1 Ceocrtmenr of ircrsr� _';en Failure T vide .a Requested Information May Delay Processof Your Notice Federal Aviation Administrcrhon 1. Nature of Proposal 2. Complete Description of Structure A. Type B. Cuss C. Work Schedule Dates Please describe the proposed constructon or alteration. © New Construction Permanent Beginning 2 / 1 / 98 A- For proposals involving transmitting stations, include Alteration * Temporary (Duration months) End 6 1 98 effective radiated power (ERP) and assigned frequency. I not known, give frequency band and maximum ERP. * If Alteration, provide FAA Aeronautical Study Number, if available previous B. For proposals involving overhead wire, transmission lines etc., include the size and the configuration Of the wires an 3A. Name, address, and telephone number of individual, company corporation, etc. proposing the construction or alteration. (Number, StreeC City, State, and Zip Code) their supporting structures. Shenandoah Mobile Company C. For buildings, include site orientation, dimensions, and Post Office 459 construction materials. Edinburg, Virginia 22824 D. Optional— Describe the type of obstruction marking and 984-3003 lighting system desired. The FAA will consider this in thei ( 540 ) study. Area Code Telephone Number 3B. Name, address and telephone number of proponent's representative, if different than 3A. above. Exhibit 4 Leonard L. Greisz c/o Shenandoah Mobile Company Post Office Box 459 Edinburg, Virginia 22824 ( 540 l 984-3003 Area Code Telephone Number 4. Location Of Structure 5. Hei ht and Elevation (to rearest foot) A. Coordinates (to knnwrj 'hs of seconds, B. Nearest City or Town and State C. Nearest public or military airport. heliport, hightpark, or seaplane base A. Elevation of ground above mean sea level. Latitude o r „ 39 15 59.84 Winchester, VA OKV Winchester Exhibit 1 898 Longitude 0 n (1). Distance to 4B (1). Distance from structure to nearest B. Height of structure inc:uding all pant of nearest runway appurtenances and lighting above 78 I 18 04. 61 9 Miles 10.398 rim ground or water. 1 50 4D. Source for item 4A data. (2). Direction to 46 (2). Direction from structure to airport C. Overall heicht acove mean sea level USGS 7.5' Other Quad Chart ❑ Survey []specify 125 Degrees 135.34 Degrees 4" 4E. Description of site location with respect to highways, street, airports, prominent terrain, features, Ind:caiethe Werencedaturn Other NAD 27 ©NAO 83 C Specify existing structures, etc. Please attach a U.S. Geological Survey Map (or equivalent) showing the construction site. If available, attach a copy of a documented site survey with the surveyor's certification. Exhibits 2 & 3 Notice is recurred by Part 77 of the Federal Aviation Reculations (14 C.F.R. Part ir) pursuant to Section 1101 of the Feceral Aviation Act of 1958, as amerces -9 U.S.C. a:a. - 1501). Persons .vho knowingly and willfully vioiate the Notice reeuirements of Part 77 are subiect to a civil penalty of S1,000 per day until the notice is received, pursuant !o Sec::cn 901(ai cr the Federal Aviation Act of 1958, as amended (49 U.S.C. acp g 14711a)) as well as the fine (cnminal penalty) of not more than S500 for the first c, ense and net more than S2.000 for sudse_ grit ol:erses. pursuant to Section 902fa) of the Federal Aviation Act of 1958, as amended (49 U.S.C. app i 14721al). I HEREBY CERTIFY that all of the above statements made by me are true, complete, and correct to the best of my knowledge. In addition, I agree to obstruction mark and.'or light the structure in accordance with established marking & lighting standards as necessary. C a!e Typed or Printed Name and Tlne of Person F,.mgg Nct:ce S�cna;ure 12/10/97 Leonard L. Greisz, Project 1`.-�nager, PCS FOR FAA USE ONLY ` FAA will either return this form or issue a separata acknowledgement Su !emental Notice of Construction, FAA Form 7450-2, is required an time he ro'e. s abandoned. or The Proposal: -, ` -- : • -.. .. - pp _ q . y p ;-r Dees not require a notice :o FAA •. At least 48 hours before the start of cons'hctiol Is nct .denttied as an ebs' notion under any standard of FAR Part 77, Within five d=ys after the construe :on reaches its greatest height. Subpart C, and would not be a hazard to air navigation This detenninaEbnexpires on - unless: s de-tGed as an"obstruc�cn under the standards of FAR Part 77 - - (a) ex ended, re. sod or terminated by a issus!ng office; - (b) the construclicn is subject to the licensing authority of the Federal Co*mmunicat-cns Ccmmfss:cn (FOCI and an application Subpart C, brit would not be a hazard to au navigation . ;: _ for a cccstu::on permit is made to the FCC on or before the above expiration da e. In such Gazes the determinat on ; -_ M -.expires on d e prescribed by the FCC for completion of construction,or on tie date the FCC denies the application... _ Shou'd be obstruction O marked Q lighted per FAA " - _ -- _ _ Adviso circular 70i74ti0.1, Chapters z .: J10TE Request for extension of the effective period of Uus determination Inuit be postrrarked or delivered to the issuing office ry , : r, 7. at least 15 days prior to the expiration date: Ob0r Lion in' and I!onong ale not necessary If strut ure a suElen to the licensing aahonly of the TCC a copy of this determination ;rill be serif r rag2 r _ _ _ rt71 f1� • Remarks S : v�'i.''�.:e� ; .✓ c { 17 . ly! _ ' j"�' fL y.. Isi �' t 1 ".�.1. .1 �n .7•`�" t y °' r ` 'coy � it �.+. T W. � �/•� .. UZ i � ..:. -..-r � 'y a �.G� � t, � � � � y �~ 4+ ~ �� h..- ; } .��d�y V• 4�1,,�. - (Use these dodr rat is far arty ~- "' " ' - " _ ! '" rr - . ;o II NAD:83 Coordinates f �redcrrespendercewiththeF4A, '?::Lail#Ude I tI Longitude1 f_ r. v .ssueo n S,grature p c'� I c­ 7.cn -..._ IVV I C: IVV l UKHVVIV ' ' JVtiLC TWRO84 - Bowling Green Ridge Shenandoah Mobile Company OVERALL HEIGHT: 1,048 ft. AMSL GROUND ELEVATION: 898 ft. ANISL Exhibit 1 Bowling Green Ridge, VA VERTICAL PLAN SKETCH OF PROPOSED ANTENNA AND SUPPORT STRUCTURE SHENANDOAH MOBILE COMPANY IY' \ Q, 4 � 1� '� it�1J,� MAP SHOWING PROPOSED SITEsR''"-'''X, 1,6/' TWR084 - Bowling Green Ridge ='"''`-�`�!�' M` T =_ � Exhibit 2 „. Shenandoah Mobile Company 12/97 ". .�>I) r ����) � 4 �.� /� '' � ) n Us y y's =4'x ds� �a � .• j1 � / /r ,', � . �. . ++ i - � 1) !! .1 `'' i IDS ✓ ' � .. �I l ! !`'I' r✓ �IA1, ` �.' r.l � 1 jl } I 751 - t-`_ '�� �% �_ _r; i/ J•751 a ll�l.`\ _y��l+++a'l,' O' l �` I• �. � l / • ! � 1 � �.`.�. �� 1 j` 1\- �, I!v 8771� ' �``. : � J \e--.•..J•� I� 1���1t ��,\ �`--'��� � C�\� . \. 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'1 w�t2S.., ;. �� J: L4`_53uRG ;.\ \' TWRO84 - Bowling Green Ridge Shenandoah Mobile Company [Exhibit 4 Item 2.A (FAA Form 7460-1): The structure will be a 150 foot three -sided self-supporting hot -dipped galvanized steel tower initially equipped for operation of a wireless communications services system operating in the frequency band of 825 - 845 or 865 - 895 at a max ERP of 100 watts. See Exhibit 1 for pertinent structure and topographic measurements. Item 2.1) (FAA Form 7460-1): Because the height of this structure is under 200 feet, we do not plan to mark it. If the FAA requires that it must be marked, we would prefer to use a dual lighting system with red lights for night time and medium intensity flashing white lights for day time and twilior use. • SHENANDOAH TELECOMMUNICATIONS P.O. Box 459 Edinburg, Virginia 22824-0459 (540) 984-4141 December 16, 1997 Mr. Michael T. Ruddy, Planner I Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 Dear Mr. Ruddy: Please find attached additional information which Shenandoah Mobile Company is submitting in support of the five conditional use permit applications recently filed by Shenandoah Mobile Company and pending with Frederick County. Listed below by site number are descriptions of the type of installation we propose to install at each location: (1) TWR078 Hunting Ridge (Self Supporting Lattice -type) — We propose to build a self-supporting lattice -type structure at this site for several reasons: A. This site is outside the Urban Development Zone; B. A comparatively large structure is necessary; C. The structure must be readily modifiable for sub -leasing; and D. Monopoles of this size are cost prohibitive. (2) TWR079 Little Timber Ridge (Monopole) — A monopole will be used at this // location due to the relatively small size of the required structure. �(3) TWRO84 Bowling Green Ridge (Monopole) -- A monopole will be used at this location due to the relatively small size of the required structure. (4) TWR167 Parkins Mills (Self Supporting Lattice -type) - We propose building a self-supporting lattice -type structure at this site because: A. This site is outside the UDZ; B. The structure must be readily modifiable for sub -leasing; SHENANDOAH TELEPHONE COMPANY • SHENTEL SERVICE COMPANY - SHENANDOAH CABLE TELEVISION COMPANY SHENANDOAH LONG DISTANCE COMPANY SHENANDOAH VALLEY LEASING COMPANY SHENANDOAH MCSiLE COMPANY SHENANDCAH NETbVORK COMPANY WE MUST SERVE WELL TO PROSPER • WE MUST PROSPER TO SERVE WELL 0 Mr. Michael T. Ruddy December 16, 1997 Page 2 C. The proposed design is consistent with another structure viewable from the same area; and D. Monopoles of this size are not cost advantageous. (5) TWR180 Sherando (Self Supporting Lattice -type) - We propose building a self-supporting lattice -type structure at this site for several reasons: A. This site is outside the UDZ; B. A comparatively large structure is necessary; C. The structure must be readily modifiable for sub -leasing; and D. Monopoles of this size are cost prohibitive. We appreciate your continued assistance and cooperation as we proceed through the conditional use permit process. Sincerely yours, Leonard L. Greisz, Project Manager (PCS) Shenandoah Mobile Company LLG/Ish Enclosures ATTACHMENT TO CONDITIONAL USE APPLICATION FOR r ' COMMERCIAL TELECOMMUNCATIONS FACILITIES Submitted by Shenandoah Mobile Company Tower No. TWR084 Bowling Green Ridge Property Owned by Estate of Charles Kenneth Poole Sr — (91 In accordance with Frederick County Zoning Ordinance Section 165.48.6, Subsections A (1) through A (4), the following information is attached: (1) Attachment 1 — A topographic map depicting the search area. (2) Attachment 2 — Identification of other service providers or commercial telecommunications facilities within the proposed service area. (3) Attachment 3 — Compliance with ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation. (4) Attachment 4 - Statement of procedure for tower and equipment removal JR ATTACHMENr 77 Mobile Ccmpany TWR084 Conditional Use Application ___� I :.I �I� i - r' .� % /� V i —' = '• '� \'�\ 1 J I (� 1 � ' _� � - �\ _ 'r_�� � I,�, p• B' 41 ros i •,�! a f ' i`I' V ram. H _ ,� 0 �.•� ..'!I �\\,-.' ��—_ •..�-l\ ' �. � i = 1^ � •. x 999 f _ � n•75Q'�•_ `� // ,� _ �61 n - - - 9e�-s�$y ^1 ` ' Y • _:�� I �/L_.-w:.� \J\ __ -- gli ieN S h �Ir �. — _ —. y as _ - — ^. • \ral - � �' :n?_ .'..:;?`�,_.�� - / 671 it /- - 41 _ `z G 11 U a - �C ,-., Q'rn' it it ; t7— ET 652 Poi t •off R:_^-Z-ZZ CIf /� _ - to D • 0 ATTACHMENT 2 Shenandoah Mobile Company TWR084 Conditional Use Application SHENTEL IDENTIFICATION OF SERVICE PROVIDERS AND COMMERCIAL TELECOMMUNICATIONS FACILITIES The comparable FCC license holders operating in the search area of the prospective site are... Cellular A -- Cellular One B -- Shenandoah Cellular PCs A -- American Personal Communications (Sprint Spectrum) B -- AT&T Wireless PCS C -- CFW Communications (Virginia PCS Alliance) D & E -- Shenandoah Mobile Company F -- Devon Mobile Communications There are no commercial telecommunications facilities within the search area of the prospective site. • • Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequeucy Electromagnetic Fields OET BULLETIN 65 Edition 97-01 August 1997 F-1 2, a 't' �MMISS�� AUTHORS Robert F. Cleveland, Jr. David M. Sylvar Jerry L. Ulcek Standards Development Branch Allocations and Standards Division Office of Engineering and Technology Federal Communications Commission Washington, D.C. 20554 The first edition of this bulletin was issued as OST Bulletin No. 65 in October 1985. This is a revised version of that original bulletin. NOTE: Mention of commercial products does not constitute endorsement by the Federal Communications Commission or by the authors. 0 0 2.1091 and 2.1093 (for portable and mobile devices). This requirement applies to some, but not necessarily all, transmitters, facilities or operations that are authorized under the following parts of our rules: 5, 15, 21 (Subpart K), 22 (Subpart E), 22 (Subpart H), 24, 25, 26, 27, 73, 74 (Subparts A, G, I; and L), 80 (ship earth stations), 90 (paging operations and Specialized Mobile Radio), 97 and 101 (Subpart L). Within a specific service category, conditions are listed in Table 2 of Appendix A to determine which transmitters will be subject to routine evaluation. These conditions are generally based on one or more of the following variables: (1) operating power, (2) location, (3) height above ground of the antenna and characteristics of the antenna or mode of transmission. In the case of Part 15 devices, only devices that transmit on millimeter wave frequencies and unlicensed Personal Communications Service (PCS) devices are covered, as noted in rule parts 2.1091 and 2.1093 (see section on mobile and portable devices of Appendix A). Transmitters and facilities not included in the specified categories are excluded from routine evaluation for RF exposure. We believe that such transmitting facilities generally pose little or no risk for causing exposures in excess of the guidelines. However, as noted above, in exceptional cases the Commission may, on its own merit or as the result of a petition, require environmental evaluation of transmitters or facilities even though they are otherwise excluded from routine evaluation. Also, at multiple -transmitter sites applications for non -excluded transmitters should consider significant contributions of other co -located transmitters (see discussion of multiple -transmitter evaluation in Section 2). If a transmitter operates using relatively high power, and there is a possibility that workers or the public could have access to the transmitter site, such as at a rooftop site, then routine evaluation is justified. In Table 2 of Appendix A, an attempt was made to identify situations in the various services where such conditions could prevail. In general, at rooftop transmitting sites evaluation will be required if power levels are above the values indicated in Table 2 of Appendix A. These power levels were chosen based on generally "worst -case" assumptions where the most stringent uncontrolled/general population WE limit might be exceeded within several meters of transmitting antennas at these power levels. In the case of paging antennas, the likelihood that duty factors, although high, would not normally be expected to be 100% was also considered. Of course, if procedures are in place at a site to limit accessibility or otherwise control exposure so that the safety guidelines are met, then the site is in compliance and no further environmental processing is necessary under our rules. Tower -mounted ("non -rooftop") antennas that are used for cellular telephone, PCS, and Specialized Mobile Radio (SN/1R) operations warrant a somewhat different approach for evaluation. While there is no evidence that typical installations in these services cause ground - level exposures in excess of the 1VIPE limits, construction of these towers has been a topic of ongoing public controversy on environmental grounds, and we believe it necessary to ensure that there is no likelihood of excessive exposures from these antennas. Although we believe there is no need to require routine evaluation of towers where antennas are mounted high above the ground, out of an abundance of caution the FCC requires that tower -mounted installations be evaluated if antennas are mounted lower than 10 meters above ground and the total power of all channels being used is over 1000 watts effective radiated power (ERP), or 2000 W ERP for 14 broadband PCS.13 These height and power combinations were chosen as thresholds recognizing that. a. theoretically "worst case" site could use many channels and several thousand watts of power. At such power levels a height of 10 meters above ground is not an unreasonable distance for which an evaluation generally would be advisable. For antennas mounted higher than 10 meters, measurement data for cellular facilities have indicated that ground -level power densities are typically hundreds to thousands of times below the new MPE limits. In view of the expected proliferation of these towers in the future and possible use of multiple channels and power levels at these installations, and to ensure that tower installations are properly evaluated when appropriate, we have instituted these new requirements for this limited category of tower -mounted antennas in these services. For consistency we have instituted similar requirements for several other services that could use relatively high power levels with antennas mounted on towers lower than 10 meters above ground. Paging systems operated under Part 22 (Subpart E) and Part 90 of our rules previously have been categorically exempted from routine RF evaluation requirements. However, the potential exists that the new, more restrictive limits may be exceeded in accessible areas by relatively high-powered paging transmitters with rooftop antennas." These transmitters may operate with high duty factors in densely populated urban environments. The record and our own data indicate the need for ensuring appropriate evaluation of such facilities, especially at multiple transmitter sites. Accordingly, paging stations authorized under Part 22 (Subpart E) and Part 90 are also subject to routine environmental evaluation for RF exposure if an antenna is located on a rooftop and if its ERP exceeds 1000 watts. Mobile and Portable Devices As noted in Appendix A, mobile and portable transmitting devices that operate in the Cellular Radiotelephone Service, the Personal Communications Services (PCS), the General Wireless Communications Service, the Wireless Communication Service, the Satellite Communications services, the Maritime Services (ship earth stations only) and Specialized Mobile Radio Service authorized, respectively, under Part 22 (Subpart H), Part 24, Part 25, Part 26, Part 27, Part 80, and Part 90 of the FCC's Rules are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use. Unlicensed PCS, NII and millimeter wave devices are also subject to routine environmental evaluation for RF exposure prior to equipment authorization or use. All other mobile, portable, and unlicensed transmitting devices are normally categorically excluded from routine environmental evaluation for RF exposure (see Section 2 and Appendix A for further details). 13 For broadband PCS, 2000 W is used as a threshold, instead of 1000 W, since at these operating frequencies the exposure criteria are less restrictive by about a factor of two. 14 For example, under Part 90, paging operations in the 929-930 MHz band may operate with power levels as high as 3500 W ERP. Si 0 0 ATTACHMENT -4, 3 Shenandoah Mobile Company TWR084 Conditional Use Application COMPLIANCE WITH THE FEDERAL COMMUNCIATIONS COMMISSIONS ESTABLISHED ANSIiIEEE STANDARDS FOR ELECTROMAGNETIC FIELD LEVELS AND RADIO FREQUENCY RADIATION As set forth in OFT Bulletin 65, Fditio17 97-01, August 1997, entitled Evaluating Compliance with FCC Guidelines for Humrnt Exposure to Radiofrequency Electromagnetic Fields, states on Page 14: "Tower -mounted ("non -rooftop") antennas that are used for cellular telephone, PCS, and Specialized Mobile Radio (SMR) operations warrant a somewhat different approach for evaluation. While there is no evidence that typical installations in these services cause ground -level exposure in excess of the MPE limits, construction of these towers has been a topic of ongoing public controversy on environmental grounds, and we believe it necessary to ensure that there is no likelihood of excessive exposure from these antennas. Although we believe there is no need to require routine evaluation of towers where antennas are mounted high above the ground, out of an abundance of caution the FCC requires that tower -mounted installations be evaluated if antennas are mounted lower than 10 meters above wound and the total power of all channels being used is over 1000 watts effective radiated power (ERP), or 2000 W ERP for broadband PCS. These height and power combinations were chosen as thresholds recognizing that a theoretically `worst case' site could use many channels and several thousand watts of power. At such power levels a height of 10 meters above ground is not an unreasonable distance for which an evaluation generally would be advisable. For antennas mounted higher than 10 meters, measurement data for cellular facilities have indicated that ground -level power densities are typically hundreds to thousands times below the new MPE limits." (Emphasis added.) (A cope of excerpt from OET Bulletin 65 is being submitted with this package.) The antenna installation planned under this Conditional Use Permit will be at a height in excess of twenty (20)'meters. '`' �p►NUNM �. Federal Communications Commission s Office of Engineering & Technology ��kMISS�� Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields OET Bulletin 65 Edition 97-01 August 1997 ATTACHMENT X `i Shenandoah Mobile Company TWR084 Conditional Use Application SHENTEL REMOVAL OF ABANDONED COMMERCIAL TELECOMMUNICATIONS FACILITIES The Conditional Use Permit application process (ordinance) in Frederick County for Commercial Telecommunications Facilities requires that the applicant provide "information delineating procedures for guaranteeing the removal of the commercial telecommunications facility within one year of abandonment of operation." Having worked with the Planning Commission in the development of the ordinance it is our understanding that the intent of this section (§ 165-48.6. A. (4)) is threefold, (i) "not" to burden the applicant with a requirement to post a bond, (ii) not to leave the landowner "holding the bag" with an abandoned site, unless, or course, that was the agreement with the landowner, and (iii) to ensure the tower itself is removed, not necessarily the foundation. In the spirit of complying with this requirement, Shentel considered several possibilities, including the purchase of a removal bond, entering into an irrevocable letter of credit to ensure removal, and the establishment of a self -funded sinking fund. Each possibility was rejected either because of cost, or because it restricted the use of critical working capital. Shentel is a locally established, successfully operating telecommunications company that has been doing business in the Shenandoah Valley continuously since 1902. It is our accepted and understood business practice to remove any tower that no longer serves a purpose. Shentel stands behind that practice. Most recently Shentel decommissioned a cable TV tower in Shenandoah County and arranged to remove it along with our equipment. The landowner, however, asked us to leave the tower in place so he could use it for amateur radio purposes. We readily complied with his request, removing all of our equipment and cabling from the structure and the surrounding grounds, turning the site over to the landowner as requested. All of our site lease agreements contain a provision allowing us to remove our communications tower and all related equipment upon the termination of the rental period. F06 FKMM MM. M (f@4•9!O ow Imo.�.I Axw! FROM NIFRSECTON Or NIEJtSIATE 61 Alb ROUTE 37 A7 ELI 310: PROCEED M06 M ON RDUIE 37 APPROOM CET y MILES TO THE KWISECTON OF ROUTE 37 AND ROUTE 50. PROCEED REM ON RWfL 50 APP'ROmAAXMY 69 MILES TO NIERSFCTION RWI 50 NO ROUTE W& PROCEED EAST ON MOVIE 6N FOR APPRpuMiELY 015 IRIS TO A CRAIQ XCESS RDtl ON THE ax FOLLOW 00ba ACCESS ROW FOR APPRDO6VELT 0.13 W-ES TO TONER SX 1. THE PROFOSED LEASE AREA AND ACCESS NO IIIIUTIES ENSOEPrt ARE LOCATED ON PRDPOM CURREMLT DEXMTED AS FRED06CJC COWtt TAX PARCEL 26-A IW AND CSRONM OWED Br TIE HUM OF OVALS XEIRETH PO4L SFL 2. 5IE PLAN US PREPM ED " TIE BENEFIT OF A TITLE FEP= PRUMRfD BY WM t coucim PLC M 32456 3 M PQ0PFR7Y 15 SUBfCT TO ALL PESTi4^T04 EASOA MIS OR RICHTS OF SKY OF I MD PROM A M WE OF T16 PCA7. A. THE Umo" RED RATIO OF PRE CSOI FOR THE SIIRKT EIOEEOS 1:10DOM S. DLI XIIS ARE BASED ON L75CLCS STAIIOM SIEPIENS' M.. 761JIS'. NM 29 L BENCH WAK 5 A ROD " A CAP. ELEV.. 6N.17, MONO 29 7. FESTM PROPERTY CCRPWNS MTROCUAI LT 122 ACRS L 20" OUk OREXI ZOING PUPA AREA RA PROPOSED LOLL SELF-SUPPOR 111C COMM UWON S IDIOM 11ITHL MEDIUM INTENSITY WHITE CW UX AND RED MCM WET (F IMAR D 6Y THE FAA) PROPOSED 10119 IE : ISO' IEMARED SETOIM FRONT - 175FT4CN MAO RDR-4DF-107 SIDE - 21Y REAR - 215' L DPMER OvAn EA" POOLL 9L CHM OF) 6273 NDonall SI PRE DOPE Iffem z?w It APPLICANT; 9EIWDOAN MOSU CO~ 124 SOUTH MAN STREET P.Q. 801 410 EWS.W, M1 22624-04SH 04M *"141 IT. PO" CO~ ALLED/ENf PONCE P. O. BOX 3200 NRafSIOL ML ZZ604 (6CD) 654-3317 12. TELEPHONE CO~ 901 AT{pRC 2960 IL rARVEW PARK CF6.E rA LS CH A CIt M 22046 (540) 254-M 13. THIS SITE DOES LOT UE NOHN A KUA DES060M ICIO YEAR rLOOO ZOE 14. MW 27 WILUES FOR PROPOSED TOREk WTTUDE 3P15'5&46" LO XUDE 7FIS'MW IS. APPAOIL TCAIpt BAY MEV.. NU FT. IL THS PEN REPRIYMIS THE SUINEY OF TIE PROPC6ED LEASE AREA AND ACRES EASDIDIM THIS RROET INS CONDUCTED BF ANOOWN t ASSOCIVES ON 5 SEPT. 1997 AND DOES NOT REPRESENT A COFSLTE BOUNDARY 9RVEY OF M POOLE PROPEM. 17. RLONI RODS SO AT ALL LEASE AREA CORNERS LKESS OnIERNM NOTM DO MT CERIFiNUTE: THE LEASE AREA AND EAM"M AS APPEM ON THIS PLAT, ARE RWIH TIE rREE C014SEXT NO N ACCORDANCE 99H THE DESIRES OF THE OICOMO D ON IM PROPRVORS OR TRNS7IIZ M AC7 L POOH. ADMUSTWM CIA OF X ESTATE Of CHARLES EYREIM POOL SR DATE DECEASED VNICY L POOLE. BDNEDOMY O THE ESTWE Or OritLS KD ETH POOLL SR- DUE xuASED OVALES XLINETH FOOL JL OD97C ART OF W EWE OF OVA ES XFNNCiN POOLL 9L, DATE DECEASED SUTE OF M • T RR, E A NOTARY PLAiL N AID FOR THE STATE AND COURT AFORESAID W NEA>BY CUM THAI ONJN.ES IVINCIN POOLL A TREY MAR[ 5 SIDED M THE FDREOONO VWTWW, KAWC CANE Or . 19 _ W6 PERSONALLY APPEARED Ill ME AND ACK ORRLDCED THE SA► - CM31 LOW Mr HAND no SEAL ON INS — Do or . 19 IbMRT PLRLIC Yr amass DM Evilln C2 1 971113.1843 1 TEP lino. vrama uM M uc a NOSTi L Alitpl n[ MITX 14 A TC ..I[ ID.a 4.0 4140 rt M.0 M IA04Sl rw PROJECT SITE 13 2 3 4 12 5 1 11 10 9 6 8 N ia[ i iIML .NC�A M �'GSIS � vaou A.o mK1 M rswm � DES"ER ANDERSON t ASSOCIATES 7722 1WN STREET MIDDLETOWN, VA 22645 (540) 869-2501 i ,�'`%�• - � pf1D6d V INMK 4W .'.[ IIiO M 14NO1 ;MMR F� III I _ III APPROVED BY THE ZONING ADMINISTRATOR ZONING WNI DATE SILT FENCE SEE OETML I PAO • 1 Ft15ED LEASE AREA 10 SCL FT. OR 12 ACRES TONER 9* CHAIN L� FENCE VKTH OW49E0 "RE DIRECTION DISTANCE S 3J40'58- E 5 1J5026 E S 3J4C'58- E FL4 S 6Q4306 E S O1'1Z 06 E S 3J40 S6 E 5 56' 19 02N N 3.T40 56 N l9 IN 56.19 02 E 70.00 1) CHARLES K. POOLE. Jk 4) CHARLES FRMSQM AWNS 7) CARY R. MUM 10) KETNETH POOLS TAX PARCEL 25-A-16S0 TAX PARCEL 26-A-161C SHEXA J. HUNT TAX PARCEL 26-A-130 A MEL 746 Pr- 1243 O.B. 599 PG 635 TAX PARCEL 26-A-133 D.B. 925 PG 1015 \\ \ wr ZONED RA ZONED RA O.B. 672 PG. 2M ZONED RA H[ USE RESIDENTIAL USE: RES EEN7uL � USE. R ACKZILTURAL PRO'CSiD ?3' [t7oti'3S 2) OOLE. SPL S) BERTHA SPI SS 182 11) EDRARD N. DOVE AAD &ADM TAXKE SEC. 8-A-1655A. KURT P. W. SPIESS. SR. 6) RAYMOND IL MAYHEM JEAN E MAYHEM TAX PARCEL 26-A-129 \,A 6J0 0.8_ 779 PG 699 TPR TAX PARCEL 25-A-1S6 DA M P(. 401 TAX PARCEL 28-A-132 DA 671 PG 1593 pg7FOgy Ar a+Rtt ADIp `.\ `. ZONED RA ZONED RA USE: RESIDENTIAL ZONED RA DA OW PC. 924/3 t, ` USE ACRICIATURAL t \ t 3) CHARS.ES FWAKLR4 ADAMS USE: AGRICULTURAL ZONED PIA USE: AGRICULTURAL 12) OAYiD T. PARRY t` ` TAX PARCEL 26-A-164 6) ISAAC LEE LUTTRELL TAX PARCEL 211-A-166 •t MEL 531 PG 873 PANE L LUTTRELL 9) RAYMOND K. MAYHEM DA 597 PC. 534 ZONED RA TAX PARCEL 26-A-157 JEAN E. MAYHEW ZONED RA USE: RESIDENTIAL D.B. 625 PRE. 1015 TAIL PARCEL 26-A-131 USE: RESIDENTIAL �\� 66D ZONED RA MEL 776 PC, 927 13) CHk%XITTE IL MOCEE USE: AGRCXTURAL ZONED RA USE: ACiEGLLTURAL C/O STEPHEN BUTLER E,p np TAX PARCEL 25-A-170 610 D.B. 761 PC. 1512 4 I N^ D 5 -,Lr.W 1F- I ZONED RA J7G4T' USE AGRICULTURALp op I O4IQES ` Ur A+ SA I 4 A ISO E � I . 1 640 AXA& USE: REcCcmTm v „""VAC•JWT 540 I I �II ity{I F6SB ~1 � P rF3 �j vsE Rm°ENr"` ------------------- sErair_c------------------------- 1 Ni• L . A WART PICA; NANO MR THE SLUE AND COUNTY MDESAD 00 H[REeY C77FIFY 11W MACY L POOLL. WHOSE NME 6 SO" M THE rOETANC WRITWC, KJANC DIRER . 19 _ HIS PpRSDIiNLT APPEARD BETORE It NO A0006LMM THE SAIL C M 31 LAM MY HAD AND SEAL ON THIS _ CE OF . 19 _ IOIART a c MY C01MR590M C7 KS OvALES W AMYFl� NR • I OA r79 PG Fps JMPO 44 ClSE: RMOE1(TK (( OS 407 � ev O SALTH 0, .. `'9 IlXWLCana I Noi 23137 { ,I NLwBER DELTA CHORD BRG. I TANGENT I RADIUS I ARC JCRORD C1 19'50 32 S 2J45 42 E d75 SOAO 1732 17.23 lT2 19'S0 32 S 2345 42 E d75 50.00 f 732 17.23 C3 27-02 06 S CrI2 07 E JI&O3 175.00 35..J9 135.06 CA Wit 00 S 3PS736 E 142M 175.00 177.91 174.45 AVIi1f PCML Am no •II�iT�: ACV FAD ' NDEAD �W4A Gry�r�� ors M0monabo. NC SCALE : AS SHOWN 19 NSW 97 Y ASSOCIATES. Inc. �Of"'F' `TM � M A PORTION OF POOLE PROPERTY TO E LEASED SHENANDOAH MOBILE COMPANY fR84-BBY GREEN GAINESBORO MAIMSTERIAL DISTRICT 14=-W3 FREDERICK COUNTY, WRGINIA 2 SHEET 2 POaE PlloriRrTwool wuw 931 (1111111114.aD1 a I'.2000 8.mmk FROM ITEIISEL.EX OF IKTUMUTE 61 AND ROUTE 37 AT f3Tf 310: PROCEED NORM ON ROUTE 37 APPRODSVELT 53 MEiS M THE A rUMCr10N OF MOM 37 AND ROUTE 50. PROM ISM O R%!TE 50 APP900NTFLr LR MILES 10 INTERSECTION R7UM 50 ARID ROUTE 68L PROCEED EAST ON ROUTE 66B FOR APPROXLATELT 2.25 ICES TO A 0110 1 ACCESS ROD ON THE W4. FOUR' QUNQ ACCESS ROAD FOR APPR ZZAA ZY 0.3 MILS TO 1oRER six 9913w wpm 1. THE PH0P050 VASE AREA NO ACCESS AND UTILITIES EASDW ARE LOCATED ON PQWERR C1AOD(TLT OESO7 AS rREOEAICK COIIRT IM PARRCE1 29-A 155 AND CORSO IT DINED RT THE HEMS OF dMRE RZOE1N POOLL S L 2. SITE RAN MIS PROW 0 " THE LDIDTf OF A TITLE RUM PAF3MAfD BY W M t WIDAAIL PLC fta 324m 3 INS PROPERTY 6 WELIM TO ALL RESIRCTM E14DIDM OR RIOTS OF Ia OF RECORD PRIOR 70 THE DUE OF THIS PLAT. C THE wDAWED RATD OF PRECISON FOR THIS SURVEY E7tfED3 1:10301 5. E1LMli7 S ARE RtSED ON LP'Pkm SIUJM YF[PIOC ELEV. • ?SIM'. IK7.0 29 L 9DU1 MOM 6 A 170 INTH A CAP. DEV. • 6MIY. HIM 29 7, EESTRG PiOPOZTT CONIARIS APPR DOUTLY 122 ACRES, L ZDRAC DAIk 05M M ZORNC R PA AREA FA PROPOSED USE: MY-RFPORTRD COrIKUUl06 10NE.R WIN MEDIUM INTENSITY W47 OCT UHT NO RED KK LIGHT (E RERXED BY THE FAA PROPOSED 10" HETWI: ISO' RMURFD SEFDAM rTONF - Iri' FROM Fab RIGHT-OF-9110' SOE - 215' REM - 21 S' L OmNM CH NOM N OCTH P O L. SIL (HEIRS OF) 9273 NORLNREST PIKE DORL NIGAAA 22E77 IG APPLICAM: sHERADDw MOBIL CD1iYwT 124 SDUM MAN STREET PD. !Os 459 EDNMAC IL 22524-04% (S4D) 964-4141 11. POKER COL PMM ALLLDENT POROt P. 0. BOX 3200 MICHF(R M 22904 (BOO) 654-3317 12. TaDlmdE CdPAIIf. BELL AILANTC 2W IL rAI N" PARK DRB+E FALLS CHUICK ML 22044 (5q 954-626Z IS THIS STTE DOES LOT If WHN A HOD. OEXHAIIED 100 YEAR rLOOD ZOME 14. NAD 27 IALES FOR PROPOSED FOIOE LADTLAE .3r IS'S9 W Lam== 7FISV5160' 15, APPAM 70" BASE CUV.. B96D r L IL THIS PLC ACPRESE)RTS THE STAIEY Or THE PROPOSED LEASE AREA AND ACCESS EASEIENTS RIS SURKY IRIS COOLCTFD BY MOERSON t AAOCIATCS ON 5 SEPT. 1917 APO 000 LOT RFPREmR A COMPLETE BOLAMRT SUHEY OF THE PORE PRC POM. 17. YON WOS SET AT ALL LEASE AREA OOEERS U .M OFrOLR6E TOTED. CoM cornpUE: THE LEASE AREA NO EASEMENTS. AS APPEAR ON nIS PLAT. ARE " THE FREE MGM AIO N ACCORDANCE IKTH THE BEFOE OF THE UMDU U OEM PWPREYM OR TRUSTEM NANCT L POO.E_ ADM ASTRATNE ETA OF THE (FATE OF CHIEFS D7KTH POOLL SR. DATE DECEASED MVC1 L POOLL INDC10IRT O THE (SLUE O CHVEE ¢METH POOLL SRC. DATE DECEASED OwIE l n m POOLL At BENETCwT OF THE ESTATE OF OWEFS KEN ETH POOL St, DATE DECEASED 5�UA OF I PRPM TO RT, L A MMART P UB C N AND FOR THE STALE AID COLAM AFORESAID DO NEHHT COM Y 1H4AI pMRE "CIN POOLL A SM NNE 6 SCAED A THE rOREDORD MRTRC BEY M C WE Of . t9 HAS R4764MLLT NVEARCD BUDRL ME AND K70ORLDLED THE SAME. OiOR LIM MT WMO NO SEAL ON THIS — Dv OF , 19 — NOIART KOJC Mr C0Mlmsw R EAI'RES CI 971113,2124 1 GCP • M RT• l A NOTARY PURL N AID FOR THE SUN NO MOM MDR MW 00 IEREBT CEIFI Y DAY NMICT L POOLE. ■OSE NAME 6 SOED TO THE fDACOOI4 tFRItNG. BENIKNG DUE OF . 19_ HAS PERSONALLY APPEAIID BEFORE TE AID AOOEORIDGED TIE SAME. OWEN IN" K WAD AND Sm ON TAPS _ OID' Or . 19 — m7IART Pjax n COaossd WIRES v PO" FAD 1 s SJ39'36• ■ TAX 9*RRQL DA 7n � 1655A SR ZONED R4 r HtL RDID (RUT� 4P RI DA 40 A e 1 E PROPRSFD 25' S —/\� % AND FRF7RES EW `'\\ RID nO 1 T NARIZ — POOLL Sk i�F I 2ONED RA -_-__SE781DL LINE ----- POKER PRE ROD nD • DIRECTION OtSTAIACE S JJaO'S8- E 42.29' S 1J'S0'. E 132.25S JJ40 58 E 101.07S NL4 6O'aJ 06 E 189.IS,S Ot',2 06 E t 2036S JJaO SB E 70.DOS w1902 70.D0N 3J40'5B ■ 70.00' L9 I N 56' 19 02 E 170.00. LEASE AREA FT• OR 0. 112 AC- 7 TOWER d l g*w ■ CHARLES 0— M PARCEL 26-A-ice it DA >K RC ,2U ZONED RI POTOMAC EDtSON C10LAPANT MPOR POWER LINE M • 92"7 WIER POLL I NUMBER DELTA CHORD BRG, TANGENT RADIUS ARC CHORE) CI 19'S0'32- S 2J45'42' E L75 50.00 17-12 1723 C2 1Y50'12 S 2J45a2 E L75 50.00 1732 1713 C3 2T02'O8 S 4T1203 E tL03 ri.00 SS.J9 35.06 Ca 59'Jt 00 S JP5736 E 72.BB I ri.00 177.91 74.45 WD MID ROD no NDIE: TK rOLLD.MC CASDCKM UM Urr D M THE TRLE /A� A4RG R MMCD FR Oro M CMD&%k f jjOIL Ar O CAS UAW TO r W= ILL 523 FL AP POTO K ED3C. COWEMOK T FOR NES+OOKlIAL "-M ClAR4:CT EASo"T am Not ArFLLT susimT LEASE AREA DL MI W. 735 ]j CHM-K. E Alp MM—C tL1VT QW Conn EAWE rm mm rwLot . 00 WOW& ETC AIOIC M Nam SIDE OF OXAT LCAS2 M ILL L M PG 397. EASE OR OOCS ICE OF= V NORO(1M VVC— PORU CO44PANT 01SDOrT rOR POLE LASS 131AibtD FOR -ow AOC 00NE rOR •NOD/ OF NOIRE 50 TO FOLrt LACY DA 266 M 291 EASDOR DOGS MOT A"W AAECT LIAU AKA s1 NONrHtel YNCPN. MKX CD.R EASDOEf rOR DL[TK St7rMtZ 10 lb Nt ILL 779 PG 5RL EASDOR 000 .0 WON Su6ECI LEASE AEA 93 NOR* IMIDA. 00R COMPAW EA:Don rOR CN37I1C7NF OPDAVPC. APO WAWI—C A ELELINC Ll[: Da 247 PO. 21L POROR IDRMCL D.E. 206 PO. I EASEMW DOES ICE ARm sLgLp T LEASE A:A DESIGNER ANDERSON k ASSOCIATES 7722 MAIN STREET MIDDLETOWN. VA 22645 (540) 869-2501 100 50 0 100 200 300 SCALE IN FEET DATE IS NQr 97 REV61ONS A T p�C �Ay ��.�y ��y� DL7C]IWENT IMD. AND SHIES Pwvrf 7 �wOK M DE9d1ED: AS SHU4RN 19 rAOv 97 10 BE EASEL PROPERTY rRWGRIVnNESBORO ��D/'►1 DtSTRICT 'S4A4AL ASSOCIATES. Inc. ns-c7,y.l n6 a -- SNENANDOAF� MOBILE COMPANY TYVR84-BOWLING GREEN RIDGE 6�W YY11 or .9 4 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/ 678-0682 MEMORANDUM TO: Board of Supervisors FROM: Michael T. Ruddy, Planner II / SUBJECT: Pending Commercial Telecommunication Tower CUP Applications DATE: March 5, 1998 As the Board is aware, Shenandoah Mobile Company has five Conditional Use Permit (CUP) applications pending at this time. Since the applications were tabled on January 28, 1998, staff has met with the applicant, researched in greater detail current information pertaining to the many telecommunication tower siting issues, and contacted additional localities and organizations regarding their regulations and experiences. The information obtained during this process has been summarized to address many of the issues raised by the Board during your January 28 meeting, and to aide the Board in evaluating the pending CUP applications. The five pending CUP applications are: CUP#020-97, Bowling Green Ridge Site; CUP#021-97, Little Timber Ridge Site; CUP#022-97, Hunting Ridge Site; CUP#023-97, Sherando Site; and CUP#024-97, Parkins Mill Site. Issues: 1) Location of Parkins Mill Tower. In order to mitigate the visual impact of the tower at this site, .the applicant is willing to relocate the proposed tower to a point approximately 400' east of the location initially requested. This new location is partially inside a wooded area and less visible to the neighboring properties. This location necessitates the granting of a waiver to the setback requirements by the Board. 107 North Kent Street - Winchester. Virginia 22601-5000 • • Towers Update Memo Page 2 March 5, 1998 2) Access to Parkins Mill Tower. In a letter to Mr. Kris Tierney dated February 6, 1998, the applicant states "Shentel will make every reasonable effort to ensure that the road will not deteriorate because of our use. Typically, we (Shentel) first ensure that it is strong enough to support the construction effort. Then, following construction, we regrade it as part of our procedure to turn the site over for routine operations. " The Board may wish to evaluate if this commitment on the part of the applicant mitigates any impact Shentel's use of the road may have upon the condition of the road. . 3) Form of Guarantee. "The commercial telecommunications facility shall be removed by the applicant or landowner within one year of the abandonment of operation." It is stafFs judgement that the above condition satisfactorily covers the intent of the requirement to guarantee the removal of the tower upon abandonment. A Conditional Use Permit, by its very nature, is specific to a piece of property. The property owner is required to be a party to the CUP application and is, therefore, secondarily responsible for the removal of the tower in the event that Shentel, or any other service provider, should cease to exist. The determination that the ultimate liability for removal of the tower falls with the landowner has been consistently endorsed by other jurisdictions within the State. In addition, staff was unable to find another jurisdiction in the State that required a monetary guarantee for removal of a tower. Time periods for the removal of a tower upon abandonment ranged from 90 days to 24 months. 4) Site Security. The Frederick County Zoning Ordinance requires that commercial telecommunication facilities are enclosed to prevent access by persons other than employees of the service provider. S) Taxation. The Frederick County Commissioner of the Revenue taxes the commercial telecommunication facilities in the following way: The land on which the facility is located, and the tower and accessory structures, are taxed as real estate; the antennas and any other fixtures placed upon the tower are taxed as personnel property. I i Towers Update Memo Page 3 March 5, 1998 . Scope of Local Control under Section 704 of the Telecommunications Act of 1996. Upon review of the available information, staff maintains the view that while local governments cannot "prohibit or have the effect of prohibiting" cellular service, they do have the ability to evaluate a request to provide cellular service to determine if residential properties, land use patterns, scenic areas and properties of significant historic value are negatively impacted. It is clear that any perceived impact should be significant and quantifiable for the jurisdiction to deny a facility at a particular site. Equally as clear is that any such denial should not have the effect of prohibiting the service within a given area. The numerous legal articles provided along with this memo highlight both this and, in the case of a denial, the need to provide this decision in writing supported by "substantial evidence contained in a written record." Additional information is attached to this memo for the Board's review. This includes correspondence from Mr. Leonard Greisz of Shenandoah Mobile Company under Attachment 1, and a particularly helpful fact sheet under Attachment 2, Fact Sheet #2, which provides answers to frequently answered questions. Specifically, questions three, four, five, seven, 10, 12 and 13 in the fact sheet reinforce answers previously given to the Board. Fact Sheet #1 under Attachment 3 summarizes Section 704, Facilities Siting, of the 1996 Telecommunications Act. This section outlines the limits of the authority that state and local governments have over the placement, construction, and modification of personal wireless facilities. Under Attachment 4 are the previously mentioned articles from recent Land Use Law Reports. The Virginia Beach case highlights the importance of following the procedural requirements established by the FCC, avoiding discrimination among providers, and supporting any decision with substantial evidence. It is apparent through the different cases that many of the issues concerning the siting of facilities, and the limits in which jurisdiction may use their authority, are being determined in the courts on a case -by -case basis. At this time, there are no distinct limits to guide jurisdictions. The limits are still being defined. Jurisdictions must, therefore, use solid judgement when evaluating applications for these facilities. Please contact me if you have any further questions regarding the pending applications. MTR/cc Attachments