HomeMy WebLinkAbout04-09 Federal Aviation Administration 80' Monopole Steel Tower - Shawnee - Backfile (2)CUP TRACKING SHEET
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ORDER
No. 1149
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BY
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N ofERICK
Department of Planning and Development
,2009
Federal Aviation Administration
300 D St., SW, Ste. 823
Washington, DC 20024
RE: CUP #04-09, Property Identification Number 76-A-53B
Dear Madam or Sir:
540/665-5651
FAX: 540/ 665-6395
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on
September 23, 2009. Conditional Use Permit #04-09 was approved to enable construction of an 80 foot
monopole steel telecommunication tower. Conditions associated with the approval of the Conditional
Use Permit include the following:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating public use wireless service providers.
3. A minor site plan shall be approved by Frederick County.
4. If the FAA (Federal Aviation Administration) relinquishes their lease of the property, the tower
will be removed by the FAA.
5. If a telecommunications tower is not erected within 12 months of the approval of this CUP
(conditional use permit), the CUP will be deemed to be invalid.
6. Any expansion or modification of this use will require a new CUP.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
Mark R. Cheran Zoning and and Subdivision Administrator
MRC/bad
cc: Gene Fisher, Shawnee Magisterial District Supervisor
Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
John Trenary, Building Official
Elman FBI Associates, LP, 100 N. Center Ave., Ste. 502, Rockwell Center, NY 11570
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
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CONDITIONAL USE PERMIT #04-09
FEDERAL AVIATION ADMINISTRATION
Staff Report for the Board of Supervisors
Prepared: September 10, 2009
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Planning Commission:
Board of Supervisors:
EXECUTIVE SUMMARY:
Reviewed Action
07/15/09 Recommended approval
08/12/09 Tabled by BOS 30 days
09/09/09 Tabled by BOS 14 days
09/23/09 Pending
During the September 9, 2009 meeting, the Board of Supervisors had questions concerning the
"line of sight" direction, width and height. The representative for the Federal Aviation
Administration responded to the best of his knowledge about the concerns expressed by Board
members, but he was unable to assure Board members that the line of sight would not have an
impact on adjoining property. Therefore, staff and representatives from the FAA will meet in
order to have the answers requested by the September 23, 2009 meeting.
On August 12, 2009, after Mr. Cheran presented the staff report, Board members had questions
of the applicant or the owner, regarding this application. Following the public hearing, as neither
the applicant nor the property owner, was present, the Board of Supervisors tabled this request
for 30 days.
At their meeting on July 15, 2009, the Planning Commission unanimously recommended
approval of this CUP, with amendments to Condition 2 and 4, as indicated in bold below.
This is a request for a Conditional Use Permit to enable the construction of an 80-foot Monopole
Steel Telecommunication Tower.
Should the Board of Supervisors find this use appropriate, the Planning Commission
recommended the following conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for co -locating personal public use wireless services
providers.
3. A minor site plan shall be approved by Frederick County.
Page 2
Conditional Use Permit #04-09
Federal Aviation Administration
September 10, 2009
4. The tower shall be removed by the applioant or propefty owner- within twelve (12) flionths
of abantomnent of operation. If the FAA (Federal Aviation Administration)
relinquishes their lease of the property, the tower will be removed by the FAA.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
Page 3
Conditional Use Permit #04-09
Federal Aviation Administration
September 10, 2009
LOCATION: This property is located at 170 Marcel Drive (off of Route 522 and Tasker
Road).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 76-A-53B
PROPERTY ZONING & PRESENT USE:
Zoned: M1 (Light Industrial) Zoning District
Land Use: Office/Warehouse
ADJOINING PROPERTY ZONING & USE:
North: M-1 (Industrial, Light)
South: RA (Rural Areas)
East: M-1 (Industrial Light)
West: RA (Rural Areas)
Land Use: Warehouse
Land Use: Vacant
Land Use: Vacant
Land Use: Residential/Vacant
PROPOSED USE: This application is for an 80-foot Monopole Steel Telecommunication
Tower.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 787, the VDOT facility which would
provide access to the property. Existing entrance is adequate for proposed use. However, should
use ever expand in the future, the entrance may have to be upgraded to VDOT commercial
standards.
Fire and Rescue: Plan approval recommended.
Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building
Code and Section 312, use group U (Utility and Miscellaneous) of The International Building
Code 2006. The structure is required to comply with Chap 15 & 16 of the IBC 2006 for
structural load, as well as Section 3108 for Towers. The tower shall be located and equipped
with step bolts and ladders so as to provide ready access for inspection purposes. The tower
Page 4
Conditional Use Permit #04-09
Federal Aviation Administration
September 10, 2009
shall not cross or encroach upon any street or other public space, or encroach upon any privately
owned property without written consent of the owner of the encroached -upon property. (See
3108.2, Location and Access.) Special instructions per Chap 17 IBC 2006 apply to this
structure. Plans submitted for review shall be sealed by a Virginia Registered Design
Professional.
Sanitation Authority: No comment.
Winchester Regional Airport: We determined that the proposed 80' monopole tower does not
penetrate any FAR Part 77 surfaces; therefore development at the proposed site should not
impact current or future operations at the Winchester Regional Airport. This comment is based
on the information you provided which was reviewed by our engineering firm, Delta Airport
Consultants, Richmond, Virginia. Since the lat/long coordinates and ground elevation were not
provided, this decision was based on information gathered through online data. If any time the
proposed tower height exceeds 100 AGL, the Winchester Regional Airport Authority requests
the following condition be met: Applicant file 7460-1 with the Federal Aviation Administration
in accordance with Part 77.13(a)(2)(i) regulations with notification of such application sent to the
Winchester Regional Airport Authority for review and comment before approval by Frederick
County Planning. Please be sure to notify my office of any changes to proposed site plan should
the height exceed 100 feet.
Planning and Zoning: The 2007 Comprehensive Policy Plan of Frederick County
("Comprehensive Plan") provides guidance when considering land use actions. This proposed
80-foot commercial telecommunication facility is located on property within Eastgate
Commence Center. The Eastgate Commence Center is within Southern Frederick Land Use Plan
(SFLUP), and the Sewer and Water Service (SWSA) as indicated in the Comprehensive Plan.
The properties adjacent to this proposed CUP are zoned M-1, with the properties to the south and
west being zoned RA. There are no properties of significant historical value or any historical
sites adjacent to this proposed use.
The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities
in the MI (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP).
The Frederick County Zoning Ordinance specifies that a CUP for a commercial
telecommunication tower may be permitted provided that residential properties, land use
patterns, scenic areas and properties of significant historic values are not negatively impacted.
Furthermore, additional performance standards shall apply to the CUP review in order to
promote orderly economic development and mitigate the negative impacts to adjoining
properties. This proposed use is more than 100 feet from any residential structure, and the rear
of the property is wooded.
Page 5
Conditional Use Permit #04-09
Federal Aviation Administration
September 10, 2009
STAFF CONCLUSIONS FOR THE 07/15/09 PLANNING COMMISSION MEETING:
This is a request to seek approval for the construction of an 80-foot monopole steel
telecommunication tower. Should the Planning Commission find this use appropriate, Staff
would suggest the following conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for co -locating public use personal wireless services
providers.
3. A minor site plan shall be approved by Frederick 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, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/15/09 MEETING:
There was lengthy discussion among the Commission members, the staff, and the County
Attorney on various issues relating to the collocation of other service providers; who would own
the tower after the federal government is no longer the holder of the lease; if the tower could
remain on the property and be used by the property owner for commercial use; and if the
property owner would need to apply for a new conditional use permit for commercial wireless
service providers.
A representative for the Federal Aviation Administration (FAA) said they were agreeable to
collocation; however, there were limitations. Specifically, it was explained that while the
property is in use by a governmental agency, a commercial organization could not have access to
the property. It was noted that State and Local Public Use service providers would be able to
collocate, but not commercial. The FAA's representative also pointed out that their lease states
the FAA must remove their tower and restore the grounds, if they no longer want to lease the
property.
There were no public comments.
Page 6
Conditional Use Permit #04-09
Federal Aviation Administration
September 10, 2009
The Planning Commission unanimously recommended approval of the CUP with amendments to
two of the staff s recommended conditions, #2 and #4, as follows:
All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating public use wireless service providers.
3. A minor site plan shall be approved by Frederick County.
4. If the FAA (Federal Aviation Administration) relinquishes their lease of the property, the
tower will be removed by the FAA.
5. If a telecommunications tower is not erected within 12 months of the approval of this CUP
(conditional use permit), the CUP will be deemed to be invalid.
6. Any expansion or modification of this use will require a new CUP.
(Note: Commissioner Manuel was absent from the meeting.)
Following this public meeting, a decision regarding this Conditional Use Permit application
by the Board of Supervisors would be appropriate. The applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
Submittal Deadline
V` COGS P/C Meeting
W BOS Meeting
y� APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
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1. Applicant (The applicant if the owner other)
NAME: FCDEPLA►L AVIATIo N ADMt1Nis T 1? 'T loN
ADDRESS: 3 0 0 h , S T. 5- W 5 U 1'TE 8 Z3 WA31A0DC- Z607-4
TELEPHONE Z. o2.• 385 - 4060 '*& Zoe . 3 g 5 412Z
2. Please list all owners, occupants (adult individuals as well
as any entities occupying the property), or parties in the
interest of the property:
EL -Mk" cgs
ssoc IA, -TES i_
3. The property is located at: (please give exact directions and
include the route number of your road or street)
1'70 MAQ.c. G. D12%vE
W 1 NC1,1k=S TEFL N/A 2266Z
C L a G A- e_ O o >r r- o t= R.T S Z 2 4- T A s« jE4-;' QoAo�
4. The property nas a road frontage of �, d Z 5 feet and a
depth of 6 0 C) feet and consistsWof Z3. ZSR (acres.
( Please be exact) C-L-M40�1 7=;S (_,,p
5. The property is owned by as
evidenced by deed from ER. 0Aa (Z,Gp.L V IZ* VE L L G recorded
(previous owner)
in deed book no. S 7 Z- on page .5, as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. Tax (Parcel) Identification (I. D.) No.
Magisterial District
Current Zoning M i
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7. Adjoining Property:
USE ZONING
North (Z A S . Ic M
East G o M
South K A A G., A I C U [. T u L
West 9 A. -T FM
The type of use proposed is (consult with the Plarming Dept. before completing)
T L1cCommyNi GAT1oNS -row E iZ
9. It is proposed that the following buildings will be constructed:
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10. The following are all of the individuals, firms, or corporations owning property adjacent
to both sides and rear and in front of (across street from) the property where the requested
use will be conducted. (Continue on back if necessary.) These people will be notified by
mail of this application:
NAME WF, 1 G14TS fVN LP
PROPERTY ID# 00 ZQ Z437
NAME W R. t G NTS Q V N L P
PROPERTY ID# O O 3 7 S' $ 6
ADDRESS Z Soo S. S N 1 A1,1 N 4 ro t.J AD
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ADDRESS Z 900 5. S N 1 9d.1 Rx
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NAME W A t G NTS RUN ADDRESS 2800 S SN i eL % N 6To.-i Al
PROPERTY ID# CO o 3 7 4 11 A R l.100 6 -reN 2 a zo6
NAME KE NIUE Y. VDNA" 5. 1"RADDRESS Z S1 +TA p 76L E LAN E
PROPERTY ID# o o Z A- 2 7 5
NAME N 61Ct TA GB FLAG E L L G
PROPERTY ID# 0 0 3$ d 3 Z
W k i-rE Corr V-A z L t t 3
ADDRESS 14 l MAP -GEL Di I VE
W1NGgt�ST�2� VA 7.7,607Z
NAME 5A A49CxNT, K Lt zAitarJk)DRESS z55 WH ITE &AK R0.
W li tTE Po S T VA22 663
PROPERTY IN o 0 4 4 8,11
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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.
SEA /X-T-TACkED DRAWINGS
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Quotinq Tool for Single Drilled Pier Foundations
Quote#, P- 2008 10047 R2' :-Tower: size'.IITP
Customer Name: Shenandoah Tower
Site me, A
'Tower Reactions:
Moment 7,!I k -ftft 6q
Shear: 11.86 kips
ips
W-
v This is the template diameter.
pjght::.,
Design Parameters:
Assumed; Setl Type: Clay •........
Cohesion: 1.0 ksf
Scyil Weight
Concrete strength: 3000 psi
Foundation Design:
Diameter: 5.0
EWII: : 23.0 ft
EA above grage: 6 inches
FConcrete Volume: 24.36, ry
Rebar Design;
Rebar Quefiitiy:-;..: I& equally spaced
Rebar Size 8 in a 4.5 ft cage
Quote 11/2112008 2:38 PM
FAA SITE 21
Winchester, VA
)wer
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Existing
Patio Area
20
If
FAA SITE 21
Winchester, VA
Proposed
Equipment Racks
U
Proposed
80' Monopole Tower
(Approx. 5' x 5' footprint)
•
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.
pp
Signature of Applicant L t ASS Aiz�
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Signature of Owner vp G''W, lT PI
G-e-?-II, ,r
Owners' Mailing Addre4s IEL 1V A,-j �, Ve S?Gt S a. /do N eerxe AEG
S %4 a so 2 x ✓, �e Ce,,sAc N S 70
Owners' Telephone No. S 16 - Z d, - & 4 7 7
TO BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
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.
Signature of Applicant
Signature 107vner
Owners' Mailing Address E L IV Atd-" �i 41E S-r0d S �,.ic, /dy /N C&rjxC AEG
S v %rc So 2 K ✓, &,4,e
Owners' Telephone No. S 1 f- Z.O 8 8077
TO BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
14
Federal Aviation Administration
CUP #04-09
PIN: 76 - A - 53B
Future Rt37 Bypass
OApplication
N/ Urban Deselupment Area
#*ftp SWSA
CURRENT ZONING
Zoning
M2 (Industrial, General District)
III (Business, Neighborhood District)
- MHl (Mobile Hume Community District)
B2 (Business, General Distrisp
- MS (Medical Support District)
- B3 (Business, Industrial Transition District)
- RJ (Residential Planned Cummuniy District)
- EM (E:Iractise Manufacturing District)
• R5 (Residential Recreational Community District)
- HE (Higher Education District)
RA(Rural Area District)
- MI (Industrial, Light District)
RP (Residential Performance District)
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09.17.2009
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10
Mark Cheran
From: anthony.ctr.mosca@faa.gov
Sent: Saturday, June 27, 2009.1:34 PM
To: AI.CTR.Rhett@faa.gov
Cc: Mark Cheran; anthony.ctr.mosca@faa.gov
Subject: Re: Winchester Site Frequency Authorization & Spectrum Runs
Attachments: al4.pdf; al3.pdf; al.pdf
Importance: High
Mark,
This should comply with all your requirements. Please let me know as soon as possible about the proposed July
15th Public Hearing.
Al and our managers will have to make sure their schedule accommodates the meeting.
Thanks,
Tony Mosca,
cell - 202-664-3206
cell - 910-398-2533
-----Al CTR Rhett/AWA/CNTR/FAA wrote:
To: mcherangeo.frederick.va.us, anthony.ctr.mosca@faa.gov
From: Al CTR Rhett/AWA/CNTR/FAA
Date: 06/26/2009 01:59PM
Subject: Winchester Site Frequency Authorization & Spectrum Runs
Tony and Mark,
Attached you'll find the Facility Transmission Authorization (FTA) Certification and the frequency spectrum analysis runs
for the Winchester Site. The distant end coordinate have been block out on purpose for confidential reasons.
As part of the Frederick County Virginia's requirements under section 165-48.6, the FAA has complied with the
below items 1 through 4;
(1) The site is specific to the proposed location of 170 Marcel Drive. The monopole must be installed adjacent
to the FBI facility to fulfill the missions of the FBI and FAA.
(2) The four facilities in the search area; Winchester Sanitation Water Tower, Shenandoah Gas Tower and two
Commercial Cell Phone Towers were not viable for collocation to accommodate our mission and requirements.
(3) The proposed 80 Monopole Tower is in compliance with the Federal Communication Commissions
established ANSVEEE standards for electromagnetic field levels and radio frequency radiation. The attached
Frequency Transmission Authorization (FTA), is on file with the FAA, FCC and NTIA.
Ll
0
(4) The lease agreement between the FAA and the landowner, John Moss of Elman FBI Associates, indicates
that the site shall be restored to original condition upon termination of the lease.
Regards,
Al Rhett
Principle RF/Network Engineer (FAA/C3)
FAA C3 Program Office
300 D Street SW, Suite 832
Washington, DC 2002
Desk: 202 385-4128
Cell: 703 987-0120
----- Forwarded by Al CTR Rhett/AWA/CNTR/FAA on 06/26/2009 01:18 PM ----
"Al Rhett" <al.rhett(cDdigitalpontis.com> To Al CTR Rhett/AWA/CNTR/FAA@FAA
06/26/2009 01:14 PM
cc
Subject FW: RF Study
From: anthonv.ctr.mosca@faa.gov rmailto:anthonv.ctr.mosca@faa.govl
Sent: Friday, June 26, 2009 10:45 AM
To: mcheran@co.frederick.va.us
Subject: RF Study
Importance: High
Mark,
Al Rhett, FAA project Manager, should have the FTA (Frequency Transmission Authorization) today. he
will forward to you as soon as he receives.
Thanks,
Tony Mosca,
cell - 202-664-3206
cell - 910-398-2533
T A X R E C E I P T - Y E A R 2 0 0 9 Ticket #:00110650001 @
FREDERICK COUNTY Date 6/05/2009
C. WILLIAM ORNDOFF, JR Register: LMS/LM
P.O. BOX 225 Trans. #: 41873
WINCHESTER VA 22604-0225
2009 REAL ESTATE TAXES
23.22 ACRES
Land: 1161000
ELMAN FBI ASSOCIATES LP
100 N CENTER AVE STE 502
ROCKWELL CENTER NY
11570
CT AC## R3758501
Previous
76 A 53B Balance $
Acres: 23.22
Principal Being Paid $
Imp: 16572700 Penalty Interest $
Amount Paid $
*Balance Due
as of 6/05/2009$
Check 45220.94
Pd by 1ST AM RE TX PB167928 IRVYX75016
ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST.
45220.94
45220.94
.00
.00
45220.94
.00
# WELLS 4372
(DUPLICATE)
FREDERICK COUNTY TREASURER
107 NORTH KENT STREET
SUITE 100
For Tax Information & Online Payments
W W W.CO. FREDERICK. VA. US
DATES TO REMEMBER
Mar. 1
Business Equipment/License
Must be filed
Apr. 1
Business License tax due
June 5
First Half Taxes Due
Personal Property
Real Estate
Sanitary District
Street Light
Dec. 5
Second Half Taxes Due
Personal Property
Real Estate
Sanitary District
Street Light
Dog tags renew upon expiration of rabies certification.
Other due dates as billed by the Commissioner of the
Revenue's Office.
Mailing Address
Frederick County Treasurer
P.O. Box 225
Winchester, VA 22604-0225
(540) 665-5607
E-mail Address
BOrndoff@co.frederick.va.us
Treasurer's Office Hours
Monday through Friday 8:30 am to 5:00 pm
Extended hours may be offered during peak times, watch
for details in local media.
FOR VEHICLE LICENSE REGISTRATION
I declare that the statement and figures hereon are true, full and
correct to the best of my knowledge and belief.
Used 50% for Business Yes No
Signature
Signature
1
Report for FAA 081642 (FAA Database)
*Date Printed: 6/9/2009 12:56:20 PM**
DKT-------- SEC --- TYP-RTN--STT --- DEC ---- LSR--------ACN-------- DAT-----------
J0447371
CLA-CDD----FRQ----------- BIN--SER----------- BUR --NET --- MBR-FOI--- EXD-----
U M7605.000000 FAA 081642 WP X
STC---- EMS ------------ fraR------- NTS ------- AUS------ AUD------ RVD---
FX 30MOOD71i W1.00000 080415 080415
XS --XAI,-- - �__••
XRC------XCL------XAP---XAZ-----SPD---THE---ICI-MSD---
V 276 1
RSC--RAL---------------------- RLA----- RLG------ RAD (feet) --------------
VA WINCHESTER 390501N 0780903W 43GPARABLCCYLO0702HOO75T
RRC------ ACL------ RAP --- RAZ----- REM -------------------------------------
V 096 *NRM,XXXXX,FAA C3 INFRASTRUCTURE
*EQT,C,HRS CONSTELLATION
*EQR,C,HRS CONSTELLATION
*PRD,M8175.0000,FAA 081643
•MFI,DATA LINK
*AGN,FA=,FiQ,RCLT,XXX,XXX,XXX,RCLT
*AGN,FTA=EA02574
SUP---------------------------------
FAS----------------------------'------
FAU-----__--------------------------
ECK---------------------------------------------------------------------
History Log as of Tue Jun 09 12:56.20 2009------------------------------
04/02/08 07:17:08 HQ RM 4 TP Model Run (C/Sj: frequency passed
04/02/08 07:18:03 HQ RM 4 TP Model Run (C/Sj: frequency passed
04/02106 07:18:11 HQ RM 4 TP Model Run (C/S): frequency passed
04/02/08 07:18:26 HQ RM 4 TP Model Run (C/S): frequency passed
04/02/08 07:19:40 HQ RM 4 TP Model Run (C/Sj: frequency passed
04/02/08 07:23:01 HQ RM 4 TP Model Run (C/Sj: frequency passed
04/02/08 07:26:14 HQ P.M 4 Hil SAVED:Na Charges
04/02/08 08:12:05 HQ RM 4 FA CHANGED:REM04,XAP,RAP01
04/02/08 13:44:58 HQ /E 4 NX Exported in FAA080402AFMA
04i24/08 10:45:12 EA /I 6 J0447371,04473,080415,A,EA02574
03/17/09 09:36:23 HQ AH 4 MASS UPDATE OF EMIT TABLE EBW FIELD
... * ------------------------------ REPORT END-----------------------*****
4P 0
Report for FAA 081643 (FAA Database)
*'Date Printed: 6/9/2009 12:56:16 PM*'
DKT-------- SEC --- TYP-RTN--STT --- DEC ---- LSR-------- ACN-------- DAT-----------
J0447375
CLA-CDD----FRQ----------- BIN--SER----------- BUR --NET --- MBR-FOI--- EXD-----
U M8175.000000 FAA 081643 WP X
STC---- EMS ------------ PWR------- NTS------- AUS------ AUD------ RVD---
FX 30MOOD7W W1.00000 080415 080415
XSC--XAL----------------------XLA----- XLG------ XAD (feet) -----------------
VA WINCHESTER 390501N 0780903W 43GPARABLCCYL00702H0075T
XRC------ XCL------ XAP---XAZ----- SPD--- THE --- ICI-MSD---
V 096 1
RSC--RAT.----------------------RLA----- PTP eeC1,.,,,,,.,,o ..
RRC------ ACL------ RAP --- RAZ ----- REM -------------------------------------
V 276 *NRM,XXXXX,FAA C3 INFRASTRUCTURE
'EQT,C,HRS CONSTELLATION
'EQR,C,HRS CONSTELLATION
*PRD,M7605.0000,FAA 081642
'MFI,DATA LINK
*AGN,FA=,HQ,RCLT,XXX,XXX,XXX,RCLT
'AGN,FTA=EA02575
SUP---------------------------------------------------------------------
FAS---------------------------------------------------------------------
FAU---------------------------------------------------------------------
ECK---------------------------------------- -----------------------
History Log as of Tue Jun
04/02/08 07:46:51 HQ RM 4
04/02/08 07:51:29 HQ RM 4
04/02/08 07:52:43 HQ RM 4
04/02/08 07.54:13 HQ RM 4
04/02/08 07:55:46 HQ P.M 4
04/02/08 08:08:27 HQ RM 4
04/02/08 08:10:35 HQ F-M 4
04/02/08 13:44:58 HQ /E 4
09 12:56:16 2009 ------------------------------
TP Model Run (C/S): frequency passed
TP Model Run [CIS): frequency passed
TP Model Run (C/Sj: frequency passed
TP Model Run [C/S): frequency passed
TP Model Run [C/Sj: frequency passed
TP Model Run [C/Sj: frequency passed
FA SAVED:No Changes
NX Exported in FAA080402AFMA
04,24/08 10:45:12 EA /I 6 J0447375,04473,080415,A,EAO2575
03/17/09 09:36:23 HQ AM 4 MASS UPDATE OF EMIT TABLE EBW FIELD
**--*-----------------------------REPORT END-------------- ---♦****
AUTHORIZATION NUNIBER
T rkTVPU:n Q'r A -rV- C C)F AMEN
ACD T
DEPARTMENT OF -TRANSPORTATION
'FEDERAL AVIATION ADMINISTRATION
:FACILITY TRANSMITTING AUTHORIZATION
In accordance Nvith authority, ggranted the Federal Aviation Administration by.the National Telccornmunicatioins�& Inforniation
Administration through the Interdepartmental Radio Advisory Committee, this, ALIthorizaiion,is issued f6r the operation of this faciliq,
9
FACI'LITY: WINCHESTEA, VA COORDINATES: N 39' 05,' 01.", W. 078* 09�' 0.3"
FAC. MAX. TYPE OF COST FAA. MISCELLANEOUS
FREQUENCY TYPE POWER CLAS.S,, SERVICE CENTER IDENT SERIAL REMARKS
8175.000 bjHz RCLT. 1 ,.0.0 0 W, Fx_ Xxx 0.81643
0
•
COG
Special Limited Power of Attorney
County of Frederick, Virginia
WA Frederick Planning Web Site: www.co.frederick.va.us
In
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Suite 202, Winchester, Virginia 22601
Phone 540-665-5651 Facsimile 540-665-6395
Know All Men By Those Present: That I (We)
(Name) 1�401-M( Fa lt!S I . G-rl' (Phone) 51� Zpk' R-oT-+
(Address) l 00 �7� so Z Grky% Go &t 'i
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in they
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
06001�(17
Instrument No. on Page , and is described as
Parcel: Lot: 53 b Block: sA Section: Subdivision:
do hereby make, constitute and appoint:
(Name) P,p(3 E #Cr 1Ce2G6iLAtJ ! 1:::'A A (Phone) ZOZ- 3 es -41 2z
010
(Address) 300 . p "' S`-r' s W WASH OG Z O0Z4
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:
❑ Rezoning (including proffers)
XConditional Use Permits
❑ Master Development Plan (Preliminary and Final)
❑ Subdivision
❑ 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:
i nis authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified. �( � 0—
In witness thereo , �(we) have hereto set my (our) hand and seal this ( day of kJ kAK& , 200 ,
Signature(s)
State of Virginit /County of UA,4 it:
1, "&N 0 U,01 t , a Notary Public in and for the jurisdiction
aforesaid, cerkify that the person(s) who signed to the foregoing instrument personally appeared before me
and has acknowledged the same before me in the jurisdiction aforesaid this ,dAX.QL,1g,<,�240- -
Ii/�:1i L-.V_i6i
My Commis ion Expir@r
Notary Pub l District
My Commission Expires Sept. 14. 2010
cK - Co
CONDITIONAL USE PERMIT #04-09
41 0� FEDERAL AVIATION ADMINISTRATION
w� Staff Report for the Board of Supervisors
a �
w Prepared: August 13, 2009
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed
Planning Commission: 07/15/09
Board of Supervisors: 08/12/09
09/09/09
EXECUTIVE SUMMARY:
Action
Recommended approval
Tabled by BOS 30 days
Pending
On August 12, 2009, after Mr. Cheran presented the staff report, Board members had questions
of the applicant or the owner, regarding this application. Following the public hearing, as neither
the applicant nor the property owner, was present, the Board of Supervisors tabled this request
for 30 days.
At their meeting on July 15, 2009, the Planning Commission unanimously recommended
approval of this CUP, with amendments to Condition 2 and 4, as indicated in bold below.
This is a request for a Conditional Use Permit to enable the construction of an 80-foot Monopole
Steel Telecommunication Tower.
Should the Board of Supervisors find this use appropriate, the Planning Commission
recommended the following conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for co -locating personal public use wireless services
providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be r-emoved by the applieatA or property ovffier- within twelve (12) moi#hs
of aba-adonmen+ of operation. If the FAA (Federal Aviation Administration)
relinquishes their lease of the property, the tower will be removed by the FAA.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
Page 2
Conditional Use Permit 404-09
Federal Aviation Administration
August 13, 2009
LOCATION: This property is located at 170 Marcel Drive (off of Route 522 and Tasker
Road).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 76-A-5313
PROPERTY ZONING & PRESENT USE:
Zoned: M1 (Light Industrial) Zoning District
Land Use: Office/Warehouse
ADJOINING PROPERTY ZONING & USE:
North: M-1 (Industrial, Light)
South: RA (Rural Areas)
East: M-1 (Industrial Light)
West: RA (Rural Areas)
Land Use: Warehouse
Land Use: Vacant
Land Use: Vacant
Land Use: Residential/Vacant
PROPOSED USE: This application is for an 80-foot Monopole Steel Telecommunication
Tower.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 787, the VDOT facility which would
provide access to the property. Existing entrance is adequate for proposed use. However, should
use ever expand in the future, the entrance may have to be upgraded to VDOT commercial
standards.
Fire and Rescue: Plan approval recommended.
Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building
Code and Section 312, use group U (Utility and Miscellaneous) of The International Building
Code 2006. The structure is required to comply with Chap 15 & 16 of the IBC 2006 for
structural load, as well as Section 3108 for Towers. The tower shall be located and equipped
with step bolts and ladders so as to provide ready access for inspection purposes. The tower
0
Page 3
Conditional Use Permit 404-09
Federal Aviation Administration _
August 13, 2009
shall not cross or encroach upon any street or other public space, or encroach upon any privately
owned property without written consent of the owner of the encroached -upon property. (See
3108.2, Location and Access.) Special instructions per Chap 17 IBC 2006 apply to this
structure. Plans submitted for review shall be sealed by a Virginia Registered Design
Professional.
Sanitation Authority: No comment.
Winchester Regional Airport: We determined that the proposed 80' monopole tower does not
penetrate any FAR Part 77 surfaces; therefore development at the proposed site should not
impact current or future operations at the Winchester Regional Airport. This comment is based
on the information you provided which was reviewed by our engineering firm, Delta Airport
Consultants, Richmond, Virginia. Since the lat/long coordinates and ground elevation were not
provided, this decision was based on information gathered through online data. If any time the
proposed tower height exceeds 100 AGL, the Winchester Regional Airport Authority requests
the following condition be met: Applicant file 7460-1 with the Federal Aviation Administration
in accordance with Part 77.13(a)(2)(i) regulations with notification of such application sent to the
Winchester Regional Airport Authority for review and comment before approval by Frederick
County Planning. Please be sure to notify my office of any changes to proposed site plan should
the height exceed 100 feet.
Planning and ZoninjZ: The 2007 Comprehensive Policy Plan of Frederick County
("Comprehensive Plan") provides guidance when considering land use actions. This proposed
80-foot commercial telecommunication facility is located on property within Eastgate
Commence Center. The Eastgate Commence Center is within Southern Frederick Land Use Plan
(SFLUP), and the Sewer and Water Service (SWSA) as indicated in the Comprehensive Plan.
The properties adjacent to this proposed CUP are zoned M-1, with the properties to the south and
west being zoned RA. There are no properties of significant historical value or any historical
sites adjacent to this proposed use.
The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities
in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP).
The Frederick County Zoning Ordinance specifies that a CUP for a commercial
telecommunication tower may be permitted provided that residential properties, land use
patterns, scenic areas and properties of significant historic values are not negatively impacted.
Furthermore, additional performance standards shall apply to the CUP review in order to
promote orderly economic development and mitigate the negative impacts to adjoining
properties. This proposed use is more than 100 feet from any residential structure, and the rear
of the property is wooded.
0 0
Page 4
Conditional Use Permit #04-09
Federal Aviation Administration
August 13, 2009
STAFF CONCLUSIONS FOR THE 07/15/09 PLANNING COMMISSION MEETING:
This is a request to seek approval for the construction of an 80-foot monopole steel
telecommunication tower. Should the Planning Commission find this use appropriate, Staff
would suggest the following conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for co -locating public use personal wireless services
providers.
3. A minor site plan shall be approved by Frederick 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, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/15/09 MEETING:
There was lengthy discussion among the Commission members, the staff, and the County
Attorney on various issues relating to the collocation of other service providers; who would own
the tower after the federal government is no longer the holder of the lease; if the tower could
remain on the property and be used by the property owner for commercial use; and if the
property owner would need to apply for a new conditional use permit for commercial wireless
service providers.
A representative for the Federal Aviation Administration (FAA) said they were agreeable to
collocation; however, there were limitations. Specifically, it was explained that while the
property is in use by a governmental agency, a commercial organization could not have access to
the property. It was noted that State and Local Public Use service providers would be able to
collocate, but not commercial. The FAA's representative also pointed out that their lease states
the FAA must remove their tower and restore the grounds, if they no longer want to lease the
property.
There were no public comments.
Page 5
Conditional Use Permit #04-09
Federal Aviation Administration
August 13, 2009
The Planning Commission unanimously recommended approval of the CUP with amendments to
two of the staff s recommended conditions, #2 and #4, as follows:
All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating public use wireless service providers.
A minor site plan shall be approved by Frederick County.
4. If the FAA (Federal Aviation Administration) relinquishes their lease of the property, the
tower will be removed by the FAA.
5. If a telecommunications tower is not erected within 12 months of the approval of this CUP
(conditional use permit), the CUP will be deemed to be invalid.
6. Any expansion or modification of this use will require a new CUP.
(Note: Commissioner Manuel was absent from the meeting.)
Following this public meeting, a decision regarding this Conditional Use Permit application
by the Board of Supervisors would be appropriate. The applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
�J
c� Co
CONDITIONAL USE PERMIT #04-09
FEDERAL AVIATION ADMINISTRATION
w Staff Report for the Board of Supervisors
w Prepared: July 22, 2009
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 07/15/09 Recommended approval
Board of Supervisors: 08/12/09 Pending
At their meeting on July 15, 2009, the Planning Commission unanimously recommended
approval of this CUP, with amendments to Condition 2 and 4, as indicated in bold below:
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit to enable the construction of an 80-foot Monopole
Steel Telecommunication Tower.
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
l . All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for co -locating personal public use wireless services
providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be r-emoved by the applieant or- pfopeAy owner- within twelve (12) MoRths
of abandomnent ofeperation.. If the FAA (Federal Aviation Administration)
relinquishes their lease of the property, the tower will be removed by the FAA.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
Page 2
Conditional Use Permit #04-09
Federal Aviation Administration
July 22, 2009
LOCATION: This property is located at 170 Marcel Drive (off of Route 522 and Tasker
Road).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 76-A-5313
PROPERTY ZONING & PRESENT USE:
Zoned: M1 (Light Industrial) Zoning District
Land Use: Office/Warehouse
ADJOINING PROPERTY ZONING & USE:
North: M-1 (Industrial, Light)
South: RA (Rural Areas)
East: M-1 (Industrial Light)
West: RA (Rural Areas)
Land Use: Warehouse
Land Use: Vacant
Land Use: Vacant
Land Use: Residential/Vacant
PROPOSED USE: This application is for an 80-foot Monopole Steel Telecommunication
Tower.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 787, the VDOT facility which would
provide access to the property. Existing entrance is adequate for proposed use. However, should
use ever expand in the future, the entrance may have to be upgraded to VDOT commercial
standards.
Fire and Rescue: Plan approval recommended.
Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building
Code and Section 312, use group U (Utility and Miscellaneous) of The International Building
Code 2006. The structure is required to comply with Chap 15 & 16 of the IBC 2006 for
structural load, as well as Section 3108 for Towers. The tower shall be located and equipped
with step bolts and ladders so as to provide ready access for inspection purposes. The tower
Page 3
Conditional Use Permit 404-09
Federal Aviation Administration
July 22, 2009
shall not cross or encroach upon any street or other public space, or encroach upon any privately
owned property without written consent of the owner of the encroached -upon property. (See
3108.2, Location and Access.) Special instructions per Chap 17 IBC 2006 apply to this
structure. Plans submitted for review shall be sealed by a Virginia Registered Design
Professional.
Sanitation Authority: No comment.
Winchester Regional Airport: We determined that the proposed 80' monopole tower does not
penetrate any FAR Part 77 surfaces; therefore development at the proposed site should not
impact current or future operations at. the Winchester Regional Airport. This comment is based
on the information you provided which was reviewed by our engineering firm, Delta Airport
Consultants, Richmond, Virginia. Since the lat/long coordinates and ground elevation were not
provided, this decision was based on information gathered through online data. If any time the
proposed tower height exceeds 100 AGL, the Winchester Regional Airport Authority requests
the following condition be met: Applicant file 7460-1 with the Federal Aviation Administration
in accordance with Part 77.13(a)(2)(i) regulations with notification of such application sent to the
Winchester Regional Airport Authority for review and comment before approval by Frederick
County Planning. Please be sure to notify my office of any changes to proposed site plan should
the height exceed 100 feet.
Plannine and ZoninjZ: The 2007 Comprehensive Policy Plan of Frederick County
("Comprehensive Plan") provides guidance when considering land use actions. This proposed
80-foot commercial telecommunication facility is located on property within Eastgate
Commence Center. The Eastgate Commence Center is within Southern Frederick Land Use Plan
(SFLUP), and the Sewer and Water Service (SWSA) as indicated in the Comprehensive Plan.
The properties adjacent to this proposed CUP are zoned M-1, with the properties to the south and
west being zoned RA. There are no properties of significant historical value or any historical
sites adjacent to this proposed use.
The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities
in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP).
The Frederick County Zoning Ordinance specifies that a CUP for a commercial
telecommunication tower may be permitted provided that residential properties, land use
patterns, scenic areas and properties of significant historic values are not negatively impacted.
Furthermore, additional performance standards shall apply to the CUP review in order to
promote orderly economic development and mitigate the negative impacts to adjoining
properties. This proposed use is more than 100 feet from any residential structure, and the rear
of the property is wooded.
Page 4
Conditional Use Permit #04-09
Federal Aviation Administration
July 22, 2009
STAFF CONCLUSIONS FOR THE 07/15/09 PLANNING COMMISSION MEETING:
This is a request to seek approval for the construction of an 80-foot monopole steel
telecommunication tower. Should the Planning Commission find this use appropriate, Staff
would suggest the following conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for co -locating public use personal wireless services
providers.
3. A minor site plan shall be approved by Frederick 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, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/15/09 MEETING:
There was lengthy discussion among the Commission members, the staff, and the County
Attorney on various issues relating to the collocation of other service providers; who would own
the tower after the federal government is no longer the holder of the lease; if the tower could
remain on the property and be used by the property owner for commercial use; and if the
property owner would need to apply for a new conditional use permit for commercial wireless
service providers.
A representative for the Federal Aviation Administration (FAA) said they were agreeable to
collocation; however, there were limitations. Specifically, it was explained that while the
property is in use by a governmental agency, a commercial organization could not have access to
the property. It was noted that State and Local Public Use service providers would be able to
collocate, but not commercial. The FAA's representative also pointed out that their lease states
the FAA must remove their tower and restore the grounds, if they no longer want to lease the
property.
There were no public comments.
The Planning Commission unanimously recommended approval of the CUP with amendments to
Page 5
Conditional Use Permit #04-09
Federal Aviation Administration
July 22, 2009
two of the staff s recommended conditions, #2 and #4, as follows:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating public use wireless service providers.
A minor site plan shall be approved by Frederick County.
4. If the FAA (Federal Aviation Administration) relinquishes their lease of the property, the
tower will be removed by the FAA.
5. If a telecommunications tower is not erected within 12 months of the approval of this CUP
(conditional use permit), the CUP will be deemed to be invalid.
6. Any expansion or modification of this use will require a new CUP.
(Note: Commissioner Manuel was absent from the meeting.)
Following the required public hearing, a decision regarding this Conditional Use Permit
application by the Board of Supervisors would be appropriate. The applicant should be
prepared to adequately address all concerns raised by the Board of Supervisors.
0
Patton Harris Rust & Associates
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street
PH 1 + 1 Winchester, Virginia 22601
T 540,667.2139
P 540.665.0493
To:
Organization/Company:
From:
Date:
Project Name/Subject:
PHR+A Project file Number:
cc:
Mark Cheran
Frederick County Planning
Ron Mislowsky, P.E.
August 13, 2009
Conditional Use Permit # 04-09
Allan Hudson
Memorandum
AUG 1 b 2009
As was mentioned at the Board meeting on 12 August 2009, my client, Wrights Run, LLC, has two concerns
with the 80 ft..monopole on TM Parcel 76-A 53B. Wrights Run owns TM Parcel 75-A 53C and 75-A 48B which
adjoin to the north. Our concerns are as follows:
1. What is the use of the tower? Will the radiation from the tower preclude any uses on the Wrights Run
property?
2. Only public uses can share the tower. Will the installation of the 80 ft. monopole affect or prohibit the
erection of a communication tower on Wrights Run Property?
Thanks for your attention to these matters. Call if you have any questions.
CONDITIONAL USE PERMIT #04-09
�1 0� FEDERAL AVIATION ADMINISTRATION
w� Staff Report for the Planning Commission
� a
w B Prepared: June 30, 2009
;;;A. Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 07/15/09 Pending
Board of Supervisors: 08/12/09 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit to enable the construction of an 80-foot Monopole
Steel Telecommunication Tower.
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments and requirements shall be 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 Frederick 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, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
Page 2
Conditional Use Permit #04-09
Federal Aviation Administration
June 30, 2009
LOCATION: This property is located at 170 Marcel Drive (off of Route 522 and Tasker
Road).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 76-A-53B
PROPERTY ZONING & PRESENT USE:
Zoned: M1 (Light Industrial) Zoning District
Land Use: Office/Warehouse
ADJOINING PROPERTY ZONING & USE:
North: M-1 (Industrial, Light)
South: RA (Rural Areas)
East: M-1 (Industrial Light)
West: RA (Rural Areas)
Land Use: Warehouse
Land Use: Vacant
Land Use: Vacant
Land Use: Residential/Vacant
PROPOSED USE: This application is for an 80-foot Monopole Steel Telecommunication
Tower.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 787, the VDOT facility which would
provide access to the property. Existing entrance is adequate for proposed use. However, should
use ever expand in the future, the entrance may have to be upgraded to VDOT commercial
standards.
Fire and Rescue: Plan approval recommended.
Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building
Code and Section 312, use group U (Utility and Miscellaneous) of The International Building
Code 2006. The structure is required to comply with Chap 15 & 16 of the IBC 2006 for
structural load, as well as Section 3108 for Towers. The tower shall be located and equipped
with step bolts and ladders so as to provide ready access for inspection purposes. The tower
• 0
Page 3
Conditional Use Permit 404-09
Federal Aviation Administration
June 30, 2009
shall not cross or encroach upon any street or other public space, or encroach upon any privately
owned property without written consent of the owner of the encroached -upon property. (See
3108.2, Location and Access.) Special instructions per Chap 17 IBC 2006 apply to this
structure. Plans submitted for review shall be sealed by a Virginia Registered Design
Professional.
Sanitation Authority: No comment.
Winchester Regional Airport: We determined that the proposed 80' monopole tower does not
penetrate any FAR Part 77 surfaces; therefore development at the proposed site should not
impact current or future operations at the Winchester Regional Airport. This comment is based
on the information you provided which was reviewed by our engineering firm, Delta Airport
Consultants, Richmond, Virginia. Since the lat/long coordinates and ground elevation were not
provided, this decision was based on information gathered through online data. If any time the
proposed tower height exceeds 100 AGL, the Winchester Regional Airport Authority requests
the following condition be met: Applicant file 7460-1 with the Federal Aviation Administration
in accordance with Part 77.13(a)(2)(i) regulations with notification of such application sent to the
Winchester Regional Airport Authority for review and comment before approval by Frederick
County Planning. Please be sure to notify my office of any changes to proposed site plan should
the height exceed 100 feet.
Planning and Zoning: The 2007 Comprehensive Policy Plan of Frederick County
("Comprehensive Plan") provides guidance when considering land use actions. This proposed
80-foot commercial telecommunication facility is located on property within Eastgate
Commence Center. The Eastgate Commence Center is within Southern Frederick Land Use Plan
(SFLUP), and the Sewer and Water Service (SWSA) as indicated in the Comprehensive Plan.
The properties adjacent to this proposed CUP are zoned M-1, with the properties to the south and
west being zoned RA. There are no properties of significant historical value or any historical
sites adjacent to this proposed use.
The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities
in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP).
The Frederick County Zoning Ordinance specifies that a CUP for a commercial
telecommunication tower may be permitted provided that residential properties, land use
patterns, scenic areas and properties of significant historic values are not negatively impacted.
Furthermore, additional performance standards shall apply to the CUP review in order to
promote orderly economic development and mitigate the negative impacts to adjoining
properties. This proposed use is more than 100 feet from any residential structure, and the rear
of the property is wooded.
Page 4
Conditional Use Permit 404-09
Federal Aviation Administration
June 30, 2009
STAFF CONCLUSIONS FOR THE 07/15/09 PLANNING COMMISSION MEETING:
This is a request to seek approval for the construction of an 80-foot monopole steel
telecommunication tower. Should the Planning Commission find this use appropriate, Staff
would suggest the following conditions be placed on the CUP:
1. All review agency comments and requirements shall be 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 Frederick 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, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
NOTIFICATION OF PUBLIC MEETING
September 10, 2009
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: CONDITIONAL USE PERMIT APPLICATION #04-09 FOR FEDERAL AVIATION
ADMINISTRATION
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public
meeting being held on Wednesday, September 23, 2009, at 7:15 p.m. in the Board Room of the
Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to
consider the following application:
Conditional Use Permit #04-09 for Federal Aviation Administration, for an 80 foot Monopole
Steel Telecommunications Tower. This property is located at 170 Marcel Drive (off of Route 522
and Tasker Road), and is identified with Property Identification Number 76-A-53B in the Shawnee
Magisterial District.
A copy of the agenda will be available for review at the Handley Library and the Bowman Library
the week of the meeting, or at the Department of Planning and Development located at 107 North
Kent Street in Winchester, Virginia. Information regarding this application will also be available
via the Planning Department's website at www.co.frederick.va.us.
Sincerely,
ZV/
1 ark R. Cheran
Zoning Administrator
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is to certify that the
attached correspondence was mailed to the following on
VA)
from the Department of Planning and Development, Frederick
County, Virginia:
- -
J Heritage Place LC
Elman FBI Associates, LP
141 Marcel Dr.
100 N. Center Ave., Ste. 502
Winchester, VA 22602
Rockwell Center, NY 11570
Sargent Properties LLC
Federal Aviation Administration
13282 Lera Dr.
300 D St., SW, Ste. 823
Montpelier, VA 23192
Washington, DC 20024
Wrights Run LP
5568 General Wash Dr., Ste. A212
Alexandria, VA 22312
Daniel & Jaculine Heflin
PO Box 1414
j
Winchester, VA 22604
Donald & Janet Kenney
281 Tadpole Lane
White Post, VA 22663
Mark R. Cheran, Zoning & Subdivision Administrator
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
4�
15.< , a Notary Public in and for the State and County
aforesaid, hereby certify thA Mark R. Cheran, Zoning & Subdivision Administrator for the
DVMe me t of Planning and Development, whose name is signed to the foregoing, dated
has personally appeared before me and acknowledged the same in my
State and County aforesaid.
Given under my hand this l4 day of
My commission expires on� 0��1
BEVERLY H. DELLINGER s.
NOTARY ID # 331878
NOTARY PUBLIC NOTARY UBLIC
COMMONWEALTH OF VIRGINIA
MYCOMMISSION EXPIRES JULY31,2011
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC MEETING
August 26, 2009
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: CONDITIONAL USE PERMIT APPLICATION #04-09 FOR FEDERAL AVIATION
ADMINISTRATION
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public
meeting being held on Wednesday, September 9, 2009, at 7:15 p.m. in the Board Room of the
Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to
consider the following application:
Conditional Use Permit #04-09 for Federal Aviation Administration, for an 80 foot Monopole
Steel Telecommunications Tower. This property is located at 170 Marcel Drive (off of Route 522
and Tasker Road), and is identified with Property Identification Number 76-A-53B in the Shawnee
Magisterial District.
A copy of the agenda will be available for review at the Handley Library and the Bowman Library
the week of the meeting, or at the Department of Planning and Development located at 107 North
Kent Street in Winchester, Virginia. Information regarding this application will also be available
via the Planning Department's website at www.co.frederick.va.us.
Sincerely,
Mark R. Cheran
Zoning Administrator
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
•. •
This is to certify that the attached correspondence was mailed to the following on
�_ from the Department of Planning and Development, Frederick
County, Virginia: -
Elman FBI Associates, LP
100 N. Center Ave., Ste. 502
Rockwell Center, NY 11570
Federal Aviation Administration
300 D St., SW, Ste. 823
Washington, DC 20024
Wrights Run LP
5568 General Wash Dr., Ste. A212
Alexandria, VA 22312
Daniel & Jaculine Heflin
PO Box 1414
Winchester, VA 22604
Donald & Janet Kenney
281 Tadpole Lane
White Post, VA 22663
Heritage Place LC
141 Marcel Dr.
Winchester, VA 22602
Sargent Properties LLC
13282 Lera Dr.
Montpelier, VA 23192
i
Mark R. Cheran, Zoning & Subdivision Administrator
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public in and for the State and County
aforesaid, do ereby certifyhat tark R. Cheran, Zoning & Subdivision Administrator for the
Departmen of Ylanning and Development, whose name is signed to the foregoing, dated
has personally appeared before me and acknowledged the same in my
State anct Cou ty aforesaid.
Given under my hand this C day of �Ge_
My commission expires on 2 C26
1,4
e
BEVERLY H. DELLINGER
NOTARY ID # 331878 NOTARY BLIC
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION 6XPIRE9 JULY 31, 2011
0
•
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
July 29, 2009
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: CONDITIONAL USE PERMIT APPLICATION #04-09 FOR FEDERAL AVIATION
ADMINISTRATION
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, August 12, 2008, at 7:15 p.m. in the Board Room of the Frederick
County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the
following application:
Conditional Use Permit 904-09 for Federal Aviation Administration, for an 80 foot Monopole
Steel Telecommunications Tower. This property is located at 170 Marcel Drive (off of Route 522
and Tasker Road), and is identified with Property Identification Number 76-A-53B in the Shawnee
Magisterial District.
Any interested parties having questions or wishing to speak may attend this public meeting. A copy
of the agenda will be available for review at the Handley Library and the Bowman Library the week
of the meeting, or at the Department of Planning and Development located at 107 North Kent Street
in Winchester, Virginia. Information regarding this application will also be available via the
Planning Department's website at www.co.frederick.va.us.
Sincerely,
9R. Chdae
Zoning Administrator
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
0 0
This is to certify hat the attached correspondence was mailed to the. following on
(,l from the Department of Planning and Development, Frederick
County, Virginia: - -- -- ----__
76 A--53-B Federal Aviation Administration
ELMAN FBI ASSOCIATES LP 300 D St. SW; 'Ste. 823
100 N CENTER AVE STE 502 1 Washington, DC 20024
ROCKWELL CENTER NY 11570
76 • A• , 53-A -
WRIGHTS RUN LP
5568 GENERAL WASH DR STE A212
ALEXANORIA VA 22312.2465
— - 76 - A• • 45-
HEFLIN DANIEL JACKSON & JACULINE
PO BOX 1414
WINCHESTER VA 22604.7914
76 - A- 47 - - -
KENNEY DONALD S JR & JANET M
281 TADPOLE LN
WHITE POST VA 22663.1835
76 - A- - 53-D
HERITAGE PLACE L C
141 MARCEL DR
WINCHESTER VA 22602.4844
SARGENT PROPERTIES LLC ;
13282 LERA DR
MONTPELIER VA 23192.2944
ran, Zoning & Subdivision Administrator
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public in and for the State and County
aforesaid, d h reby certify that �MJfR. Cheran, Zoning & Subdivision Administrator for the
Dep men o Planning and Deopment, whose name is signed to the foregoing, dated
D , has personally appeared before me and acknowledged the same in my
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
NOTIFICATION OF PUBLIC HEARING
July 2, 2009
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: CONDITIONAL USE PERMIT APPLICATION #04-09 FOR FEDERAL AVIATION
ADMINISTRATION
On behalf of the Frederick County Planning Commission, you are hereby notified of a public
hearing being held on Wednesday, July 15, 2008, at 7:00 p.m. in the Board Room of the Frederick
County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the
following application:
Conditional Use Permit #04-09 for Federal Aviation Administration, for an 80 foot Monopole
Steel Telecommunications Tower. This property is located at 170 Marcel Drive (off of Route 522
and Tasker Road), and is identified with Property Identification Number 76-A-53B in the Shawnee
Magisterial District.
Any interested parties having questions or wishing to speak may attend this public meeting. A copy
of the agenda will be available for review at the Handley Library and the Bowman Library the week
of the meeting, or at the Department of Planning and Development located at 107 North Kent Street
in Winchester, Virginia. Information regarding this application will also be available via the
Planning Department's website at www.co.frederick.va.us.
Sincerely,
1— `1
Zoning Administrator
MRC/bad
107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000
i
This is to certify that the attached correspondence was mailed to the following on
2, 0 9 ' from the Department of Planning and Development, Frederick
County,.Virgini I —
_ 76 - A- 42-
76 - A- - 53-B I SARGENT PROPERTIES LLC
ELMAN FBI ASSOCIATES LP
100 N CENTER AVE STE 502 13282 LERA DR
ROCKWELL CENTER NY 11570 MONTPELIER VA 23192.2944
76 -A- 53-A Federal Aviation Administration
WRIGHTS RUN LP 300 D St. SW, Ste. 823
5568 GENERAL WASH OR STE A212 ; Washington, DC 20024
ALEXANDRIA VA 22312.2465
76 A--45 ---- __ _
HEFLIN DANIEL JACKSON & JACULINE
PO BOX 1414
WINCHESTER VA 22604.7914
_ 76 A- - 47.
KENNEY DONALD S JR & JANET M
i 281 TADPOLE LN
WHITE POST VA 22663.1035
76 -A- - 53-D
HERITAGE PLACE L C J
141 MARCEL DR
WINCHESTER VA 22602.4844
M rk R. Cheran, Zoning & Subdivision Administrator
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public in and for the State and County.
aforesaid, hereby certify t �Markheran, Zoning & Subdivision Administrator for the
Departnt f Planning and Development, whose name is signed to the foregoing, dated
o 9 , has personally appeared before me and acknowledged the same in my
State and ounty aforesaid.
Given under my hand this day of
My commission expires on
BEVERLY N. DELLINGER
NOTARY ID # 331878
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA NOTARY PU MYCOMMISSION EXPIRES JULY31,2011
•
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
The local office of the Transportation Department is located at 2275 Northwestern Pike in
Winchester if you prefer to hand deliver this form.
Applicant's name, address and phone number:
RogEQ-r co2co4ZA0
i:'EOER-A[. Adl ATIoN ADmiNe ST2'4 TIoN
30c> "91"" S'T S.W S V ITE 82,3
WAS"- DC _ 2oo Z 4
Name of development and/or description of the request:
CON ST2()C-T to W al: A N $O O No DeL.F
CorA M 0 Ni GA7- IONS ?'o WE2
Location:
l 7 O 1N A l-GEC, D 12.1 V E
W (ria4a sT E•R- yQ 2i.6oz,
Va. Dept. of Transportation Comments:
•.-.. •% .:-:.. - : •�� -� • - -•n-�- • ma.
VDOT Signature and Date: J. • C'24,
(NOTICE TO RESIDENT ENGIN PLEASE TURN T S FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location
map and all other pertinent information.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Fire Marshal
Attn: Fire Marshal
1080 Coverstone Drive
Winchester, Virginia 22602
(540) 665-6350
The Frederick County Fire Marshal is located at 1080 Coverstone Drive, at the Public Safety
Building, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
ogC wr coRco2AN EA A
w
3 00 0" sr 57W WAS N ID 2ooZ4'
Name of development and/or description of the request:
C o N STIt u s-r 1 oN of A N 8_o $=oo-r M o No Po
Ea_MM UjV GATIeaS `ro W E9-
Location:
l7o mAAc,cL-
W I N C.H 6S rE 0, v A -Z Z6oZ
Fire Marshal Comments:
-5�'�
Fire Marshal Signature & Date:
(NOTICE TO FIRE MARSHAL - PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency
with their review. Also, please attach a copy of your application form, location map and any other
pertinent information.
RECEIVED MAY 1 9 2009
It
1
0 •
Control number
CUP09-0003
Project Name
Monopole Communications Tower
Address
170 Marcel Drive
Type Application
Conditional Use
Current Zoning
M1
Automatic Sprinkler System
No
Other recommendation
Emergency Vehicle Access
Siamese Location
Emergency Vehicle Access Comments
Access Comments
Additional Comments
Plan Approval Recommended
Yes
Frederick County Fire and Rescue
Department
Office of the Fire Marshal
Plan Review and Comments
Date received Date reviewed
5/19/2009 5/21 /2009
Applicant
Robert Corcoran, FAA
City State Zip
Winchester VA 0
Date Revised
Applicant Phone
Tax ID Number Fire District Rescue District
0037585 11 11
Election District
Recommendations
Automatic Fire Alarm System Residential Sprinkler System
No No
Requirements
Hydrant Location Fire Lane Required
No
Roadway/Aisleway Width Special Hazards
No
Reviewed By Signature �� ' J. Neal Title
RECEIVED,
MAY 19 2004
�I
Frederick County Inspections Department
Attn: Building Official
107 North Kent Street, Suite 200
Winchester, Virginia 22601
(540) 665-5650
The Frederick County Inspections Department is located at 107 North Kent Street, 2nd floor of
the County Administration North Building in Winchester, if you prefer to hand deliver this
review form.
Applicant's name, address and phone number:
9ofSEXt Colic-00-Aw
F' E O ER -A L AytA-rtee
5-r w S U t T L 93 23
WAS�i. D _ Zcob2.�
Name of development and/or description of the request:
c o w STQU tog+ of AN AO Foer Mo No Po LE
e ivt n�. u GAT to P S rl b 4uE 2,
Location:
C7 o MAR-G E)12t�/�
tit t N c N �` ST E iZ t/ Q 2 Z 6 o Z -'
Inspections Department Comment:
Code Administrator Signature & Date: 4W 61
(NOTICE TO INSPECTIONS DEPT*PLEAbv TURN HIS FORM T04APIPLU
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location
map and all other pertinent information.
•
Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use
group U (Utility and Miscellaneous) of The International Building Code 2006. The structure is
required to comply with Chap 15 & 16 of the IBC 2006 for structural load, as well as, Section
3108 for Towers.
The tower shall be located and equipped with step bolts and ladders so as to provide ready access
for inspection purposes. The tower shall not cross or encroach upon any street or other public
space, or encroach upon any privately owned property without written consent of the owner of
the encroached -upon property (Sec 3108.2, Location and Access)
Special inspections per Chap 17 IBC 2006 apply to this structure.
Plans submitted for review shall be sealed by a Virginia Registered Design Professional.
• 0
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Winchester -Frederick County Health Department
107 North Kent Street, Suite 201
Winchester, Virginia 22601
(540) 722-3480
The Winchester -Frederick County Health Department is located in the County Administration
Building at 107 North Kent Street in Winchester, if you prefer to hand deliver this form.
Applicant's name, address and phone number:
Name of development and/or description of the request:
r- O N s Tit U cT 1 0/j 0 1= A N 840 Foam Ma Nc ec LF
4:-0MM0NIG671e05 'r6WEA�
Location:
Health Department Comments: , -D_t (cq oqc a4Dl ! � — A- 531
iTeI�'h Nonrt /mangy- h,,.t .a 06,ec+-iUn Jo Oler,.qL-4n..1 •s.,1,d.1 uKl t rn:.u- „o ✓6!1 sP if 4- r SYsfe ms
--------------------
Signature and Date: - z
(NOTICE TO H LTH DEPTXPLEASE RETURN IS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location
map and all other pertinent information.
RECEIVED MAY 191�9
NAY 19 2009
pia:_
FOR CONDITIONAL USE PERMIT CO MENTS FPS
Frederick County Sanitation Authority
Attn: Engineer Director
P.O. Box 1877
Winchester, Virginia 22604
(540) 868-1061
The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City,
Virginia, if you prefer to hand deliver this review.
Applicant's name, address and phone number:
P.oAL;iLT CO?LCoe-AN
Name of development and/or description of the request:
G0N Is-rA 0 4=T 1o0 of 80 FeoT CEO N6paL�
C eMM uNie-A-rto0.S ToWE�
Location:
17o iMAe-CCL 1)r-
Sanitation Authority Comments:
No COMMENT
Sanitation Authority Signature & Date:
(NOTICE TO SANITATION AUTHO X RETUkN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location
map and all other pertinent information.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Winchester Regional Airport
Attn: Executive Director
491 Airport Road
Winchester, Virginia 22602
(540)662-2422
The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer
to hand deliver this review form.
Name of development and/or description of the request:
C- o uS T fl!y C'T l (50 O F AN S<n Fear %Vl oN o po GE
G o PA M v N i GA i' l cN A) S To Wag —
Location:
t7o M*AR.cesL. Paive
WI Nc NES'T-E F- VA ZZ602-
Winchester Regional Airport's Comments:
,�e GZ r c C'�mmen
Airport Signature and Date: �^� t (F I J M
(NOTICE TO AIRPORT: X PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency
with their review. Also, please attach two (2) copies of your application form, location map, proffer
statement, impact analysis, and all other pertinent information.
• 0
WINCHESTER REGIONAL AIRPORT
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
(540) 662-2422
June 4, 2009
Robert Corcoran
Federal Aviation Administration
300 "D" Street SW, Suite 823
Washington, D. C. 20024
Re: Conditional Use Permit Comment
80' Monopole
170 Marcel Drive — Winchester, VA
Dear Mr. Corocran:
On behalf of the Winchester Regional Airport Authority I offer the following comment on the above
referenced request for a conditional use permit.
We determined that the proposed 80' monopole tower does not penetrate any FAR Part 77
surfaces therefore development at the proposed site should not impact current or future operations
at the Winchester Regional Airport. This comment is based on the information you provided which
was reviewed by our engineering firm, Delta Airport Consultants, Richmond, Virginia. Since the
lat/long coordinates and ground elevation were not provided, this decision was based on
information gathered through online data.
If at any time the proposed tower height exceeds 100 AGL, the Winchester Regional Airport
Authority requests the following condition be met:
1. Applicant file 7460-1 with the Federal Aviation Administration in accordance with Part
77.13(a)(2)(i) regulations with notification of such application sent to the Winchester
Regional Airport Authority for review and comment before approval by Frederick County
Planning.
Please be sure to notify my office of any changes to proposed site plan should the height exceed
100'.
Should you have any questions or need additional information, please contact this office (540) 662-
5786.
Sincerely,
S. R. Manuel
Executive Director
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
CITY OF WINCHESTER
Attn: Planning Director
15 North Cameron St.
Winchester, Virginia 22601
(540) 667-1815
The City of Winchester Planning Dept. is located in Rouss City Hall at 15 North Cameron St. in
Winchester, if you prefer to hand deliver this form.
Appli�jant's name, address and phone number:
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Name of development and/or description of the request:
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Location:
City of Winchester Comments:
Director Signature and Date: 5 I
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(NOTICE TO DIRECTOWPLEASE RE U THIS R�VI TO APPLICANT.)
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NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location
map and all other pertinent information.
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7. Adjoining Property: Please print 4 D sets of labels by
61
THANKS!
USE ZONING
North R A S . FA M
East - I G o M
South R A A cm A i C U L T u L.
West 19 A. S' F A M
8. The type of use proposed is (consult with the Planning Dept. before completing)
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9. It is proposed that the following buildings will be constructed:
10. The following are all of the individuals, firms, or corporations owning property adjacent
to both sides and rear and in front of (across street from) the property where the requested
Ause will be conducted. (Continue on back if necessary.) These people will be notified by
mail of this application:
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