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HomeMy WebLinkAbout11-02 Shenandoah Gas (Telc Tower) - Shawnee - Backfile:.s I lti CUP TRACKING SHEET (To be completed by Frederick Co. Staff only.) CUP # / / QL Owner/Applicant -JI�0,4 A 1AJd �Ad Application Date Fee Paid lz2f yes initials: Sign Deposit Eryes Submittal Cut -Off Date d 2=— P/C Mtg. date:/ --0BOS Mtg. date: -02- AGENCY REVIEW COMMENTS I/ VDOT �� Airport Authority Inspections City of Winchester Fire Marshal Co Sanitation Authority Health Dept. PLANNING COMMISSION RECOMMENDATIONS OF _C) Q (date) 5dAPPROVAL (WITH CONDITIONS) yes no aDENIAL Signed - ,Secretary Date BOARD OF SUPERVISORS PUBLIC HEARING ACTION `1(4d2Ma (date) APPROVAL • Signed % o t. DENIAL Date NOTES Date: File opened r Reference Manual updated/number assigned I� D-base updated ✓ One black & white location map (8'/2" x 11 ") requested from Mapping Dept. Four sets of labels requested from Data Processing -2,0 • d2j File given to Renee' to update Application Action Summary QSA—� CLOSE OUT FILE: �. Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" ✓ Reference Manual updated D-base updated ll' l D% File given to Renee' for final update to Application Action Summary UACarol\Common\CUP.TRK',_ Revised 4/12/01 S Lynn Koerner p,,jecllmplemenlatron Manager 1617 W. Beverle'j Street Staunton, VA 24401 e Phone:540-887-8100 . Fax: 540-887-8352 Mobile:540-335-0030 Lynng@shemvc.com Sorutions for your success! Gregory S. Tully Director of Planning aadzomng 4502 Starkey Road, S.W. Suite 112 Roanoke, VA 24015 Phone: 540-777-0185 Fax: 540-777-0188 Mobile: 540-798-3551 gregt@shensvc.com locutions foryour su«,!s.s. Lynn Koerner Project Implementation Manager 1617 W. Beverley Street Staunton, VA 24401 ftow , -- 18100 Fax: 540-887-8352 70 Mobile: 540-335335-00300030 LynnK(a),shensvc.com Solutions for your success! CAS - 0 2RECEIPT Received From Date `- -____ } t Address I arse $ �- �_. � ,_ '' � � �„ .. ��� . For �,✓ `�-, ,--.. - s ACCOUNT HOW PAID WACCOUNT AMT OF r �� �- CASH -- AMT. PAID CHEC BALANCE DUE--"�..' _ MONEY ORDER ❑ CREDIT CARD❑ - " J Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 TO: Finance Department F'17.i)M: Karen A. Cain, Office Assistant 11 SUBJECT: Return Of Sign Deposit DATJC: November 15, 2002 The amount of $50.00 was deposited in lime item #3-010-0191.10-00.08 for the business named below as a deposit for a sign for Conditional Use Permit Application 11-02. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Washington Gas Light Company. 1.100 H Street N.W. Washington., D.C. 20080 RSA/kac U:\Karen\I<arcns' stuff\Comnton\SIGNRTRN.LST\SIGNDEP.COM 107 North Kent Street ® Winchester, Virginia 22601-$000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 14, 2002 Site Solutions Attn: Lynn Koerner, Project Implementation Manager 3126 South Ox Road Edinburg, VA 22824 RE: CUP #11-02 of Shenandoah Gas Company for a Telecommunications Facility, (PIN): 63-2-A Dear Lynn: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on November 13, 2002. Your application, Conditional Use Permit #11-02, for a 120-foot monopole -style telecommunications tower was approved with the following conditions: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. Existing towers on the site shall be removed within three (3) months after construction of the proposed tower, to allow time for transfer of existing communication equipment to the new tower. 6. In the event a telecommunication tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the Conditional Use Permit will be deemed invalid. 7. The tower shall have space reserved for Frederick County emergency communication services. If you have any questions regarding -this -action or the ste"plan approval process, please feel free to calms this office. Sincerely, ��N_ I'D- Christopher M. Mohn, AICP Deputy Director CMM/cih cc: Rebecca A. Ragsdale, Planner I Shenandoah Gas Company Harrington Smith, Shawnee District Supervisor Ellen Murphy, Commissioner of the Revenue Jane Anderson, Real Estate em: William Rosenberry and Mr. Robert Morris, Shawnee District Planning Commissioners O:\Agendas\Approval Itrs\CUP's\2002\Shenandoah Gas Co 107 North Kent Street • Winchester, Virginia 22601-5000 PC REVIEW: 10/16/02 BOS REVIEW: 11/13/02 CONDITIONAL USE PERMIT #11-02 SHENANDOAH GAS COMPANY Telecommunications Facility LOCATION: This property is located at 350 Hillandale Lane. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-2-A PROPERTY ZONING & PRESENT USE: Zoned Ml (Light Industrial) District; Land Use: Shenandoah Gas Facility ADJOINING PROPERTY ZONING & USE: Zoned M1 (Light Industrial) District and RA (Rural Areas) Land Uses: Commercial and Agricultural PROPOSED USE: 120-foot monopole -type telecommunications facility REVIEW EVALUATIONS: Virginia Dent. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 847, 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 minimum commercial standards. 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/1996. Structural plans submitted for permit application shall be sealed by a Virginia -licensed design professional. Please note the requirements in Chapter 17, Special Inspections, for this type structure, soils, concrete, bolts, etc. 0 CUP #11-02, Shenandoah Gas Co. Page 2 November 6, 2002 Public Safety Communications: After reviewing the Conditional Use Permit application of Shenandoah Gas for a telecommunications facility, I agree with the additional condition imposed. The Frederick County Public Safety Department requests permission for space to be allotted on the proposed tower for public safety emergency communications at no cost. Fire and Rescue: Emergency vehicle access is adequate; no additional comments. Plan approval is recommended. Winchester Regional Airport: Please see attached letter from Serena R. Manuel, Executive Director, dated 10103102. Virginia Department of Historic Resources: This project will have an effect on historic resources. Based on information provided, the effect will not be adverse. Planning and Zoning: The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit. 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. The proposed telecommunication facility will be located on a 10.9-acre site located on Hillandale Lane, adjacent to Interstate 81. The property is owned by Washington Gas and the applicant proposes to build a 120-foot monopole -type telecommunication facility. The proposed facility would replace two existing structures on the property. These two structures include a 42-foot lattice tower and a 110-foot monopole tower, and make up Shenandoah Gas's internal communication system. The two structures are outdated and do not provide enough capacity for the company. Expansion of the existing towers is not feasible and the gas company would also like to upgrade technologically. The proposed telecommunications facility would also be designed to accommodate commercial telecommunication carriers and would be constructed to support an extension to 180 feet high. However, this CUP application is only for a 120-foot monopole tower. Another CUP application would be necessary for extension of the tower. The proposed setbacks for this facility are approximately 300 feet from Hillandale Lane, 152 from the rear property line, 337 feet from the right property line, and 595 from the side property line. Therefore, the proposed location of the structure would comply with the setback requirements even if it was eventually built to 180-feet. The applicant has provided an explanation why it is not possible to utilize existing structures CUP #11-02, Shenandoah Gas Co. Page 3 November 6, 2002 and has adequately illustrated the need for a telecommunication facility to serve Shenandoah Gas business operations. The zoning ordinance requires appropriate landscaping and opaque screening to ensure that equipment buildings and other accessory structures are not visible from adjoining properties and roadways; this will be addressed at the time of site plan review. STAFF CONCLUSIONS FOR THE 10-16-02 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance. Should the Planning Commission find this use appropriate, the following conditions of approval would be appropriate: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. Existing towers on the site shall be removed within three (3) months after construction of the proposed tower, to allow time for transfer of existing communication equipment to the new tower. 6. In the event a telecommunication tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the Conditional Use Permit will be deemed invalid. 7. The tower shall have space reserved for Frederick County emergency communication services. PLANNING COMMISSION SUMMARY & ACTION OF 10/16/02: The applicant reported that the proposed facility would replace two existing structures which make up Shenandoah Gas's internal communication system; the existing analog structures are outdated and lack sufficient capacity; expansion of existing towers is not feasible; and the applicant wishes to update technologically. It was also noted that the structural capacity of the tower will support three additional users. The applicant was comfortable with all of the recommended conditions, however, he noted that Condition #7 was somewhat vague in terms of where on the tower a space would need to be reserved for Frederick County Emergency Services. • i CUP #11-02, Shenandoah Gas Co. Page 4 November 6, 2002 The staff reported that the proposed location met all required setbacks and there were no negative review agency comments. The staff believed the application had adequately addressed the requirements of the zoning ordinance. There were no citizen comments. The Planning Commission unanimously recommended approval of the 120' monopole telecommunications facility with the same conditions as recommended by the staff, as follows: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. Existing towers on the site shall be removed within three (3) months after construction of the proposed tower, to allow time for transfer of existing communication equipment to the new tower. 6. In the event a telecommunication tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the Conditional Use Permit will be deemed invalid. 7. The tower shall have space reserved for Frederick County emergency communication services. (Note: Commissioners Thomas, Rosenberry, and Light were absent from the meeting.) 0:Wgendas\COMMENTS\CUP's\2002\Shenandoah Gas Co..wpd • • ,��.►�90 WINCHESTER REGIONAL AIRPORT .4 � '-+ SERVING THE 491 AIRPORT ROAD TOP OFVIRGINIA WINCHESTER, VIRGINIA 22602 (540) 662 2422 October 3, 2002 Lynn Koerner, Project Specialist Site Solutions 3126 South Ox Road Edinburg, Virginia 22824 Re: Conditional Use Permit — Final Comment 120' Monopole —Washington Gas 350 Hillandale Lane — Winchester Dear Mr. Koerner: The Winchester Regional Airport Authority offers the following final comment on the above referenced request for a conditional use permit as conditions to be complied with at all times: It has been determined that the proposed tower does not penetrate any FAR Part 77 surfaces therefore future development of this site should not impact current or future operations at the Winchester Regional Airport. This comment is based on review provided by our engineering firm, Delta Airport Consultants, Richmond, Virginia, and of the Federal Aviation Administration's Aeronautical Study Number 2002-AEA-1095-OE. If at any time the tower height exceeds 160 AGL, the Winchester Regional Airport Authority requests the following condition be met: 1. Towers over 200 feet AGL are required by FAA to be lighted. For towers between 150 and 199 feet AGL, the Winchester Airport is requiring all structures to be marked and lighted in accordance with FAA Advisory Circular 70/7460-1 K, Change 1, Obstruction Marking and lighting, Chapter 5. Should you have any questions or need additional information, please contact this office (540) 662- 5786. Sincerely, a PCY-)0,P"Q S. R. Manuel Executive Director Cc: Rebecca Ragsdal,-Planner, County of Frederick KJ / // RUSSELL B2 82 63 A 86A HOOD, H P INC 'ea7h C B3 B3 63 A 116 Hamman vestment Co. 63 2 B ' M1 Commonwealth Of Virginia 63 C f Gas 83 63 2 A HOLLIDAY, DAVID MO GLARE DEVELOPMENT, INC _ 75 A 91C .. 75 A 94 CLUSS PROPERTIES 75 A 91 OF VA, LLC 75 A 92 GLARE D92 S 75 A a1B a � I GLAIZE DEVELOPMENTS, INC r� 75 A 90 (RA) ,RA The w CRY Cd 632 A U • • • • Submittal Deadline - Q� P/ C Meeting /6'-/� (1 BOS Meeting J J/� -�Z _ APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: ADDRESS: ZAAA� _zUCilfGsfiG , �1 6 2. TELEPHONE / 9W 91- 7y34 703 56..` � 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) .�-�.e IZAYt`� c l �yh� �C1vc £� khf t D2 4. The property has a road frontage of f'3; feet and a depth of feet and consists of ,ddacres. (Please be exact) 5 . The property is owned by as evidenced by deed from recorded (previous owner) in deed book no. ,3%/ on page Z - , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. A Magisterial District�r�i�7t Current Zoning 7. Adjoining Property: USE ZONING North East South t1amn C-z13-rA-J(- West n- � h M 8. The.type of use.proposed is (consult with the Planning Dept. before completing) ('c)nz5••r/a J%Q rr, - rs; cr Ehy'l 14 /'// Df�i ci � / Cep l,. ��✓�,pU 1 ^' / G� �rx•/t%LY Lim is Z�, 477 /fFj .`+.'f/{�(i:. i^v G../('T ✓'Y>'v . 9. It is proposed that the following buildings will be constructed: Al,, 1441,5�iom-1 Ate_/<16V s c 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: 71) zVC-,?C—r - ­f,26- NAME Ile, �, ADDRESS Chc-Jsr/ .J4 02,1.s`t) PROPERTY . NAME &n Mmo .�V f-srMC-T = nK ADDRESS Ak%i c w jr 1-2 13102L PROPERTY ID# NAME fk14 zZ6 c� )�'Vlmp�I?�rS..�/� ADDRESS/,t�chsiG2 L{/� ZC�cutf v+IF PROPERTY ID# % �> / e 7 b' NAME 4,5 ! e JAY ,L�AV5;) ADDRESS WAIA09T"C12 �`' 7C C_ PROPERTY ID# ! NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS . PROPERTY ID# M i2. Additional comments, if any: 0 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 Applican Signature of owner Owners' Mailing Address Owners' Telephone No. 3 s"6 A/ Za-F- 7 6S ;EZ TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 9 Washington 6801 Industrial Road Gas Springfield, Virginia 22151 September 9, 2002 Frederick County of Virginia Department of Planning and Development 107 N. Kent Street Winchester, VA 22601 Subject: Letter of Justification To Whom It May Concern: Shenandoah Gas (a subsidiary of Washington Gas Light) owns and operates a communication site at 350 Hillandale Lane, Winchester, VA. This facility is a part of WG's internal communications system. The information transmitted by this facility includes two-way radio communications, gas flow and pipeline pressure metering information and computer data essential to the continued safe operation of Shenandoah Gas' company facilities. • The analog microwave system in operation at the present time was installed over 30 years ago. The business operational needs at Shenandoah Gas have taxed the system. Presently we do not have the ability to expand this system. Installation of a digital system would meet present as well as future needs. The operational characteristics of a digital system require larger dish antennas mounted higher than the present antenna. This facility consist of a 40 foot tower and one 110 foot tower. The proposed 120 foot tower will replace both towers. This tower will meet current as well as future operational needs. Sincerely, John L. Whitmer Section Leader �J I 62 tt O 62 / �1 �Omm onwea►th C B3 B3 B3 HOLLIDAY, U 75 A CLUSS PROPERTIES OF VA, LLC 75 A 91B RUSSELL 63 A 116 � O / Hamman 63 A 86A Investment Co. HOOD, H P INC ' - 63 2 B i (M �1 Commonwealth _ _-- — — of Virginia Shenandoah 63 A C Gas 63 2 A M GLARE DEVELOPMENT, INC 75 A 94__-_ 75 A 91 75 A 92 OGLAIZE DEV. �0 GLAIZE ,act DEVELOPMENTS, INC 75 A 90 M O OI The City of Winchester. Virginia ff hv/ 63 2 Al E4 Location Map ® -Zoning symbol CUP# 11-02 Shenandoah GAS PIN- 63 - 2 - A r W I: S 0 200 400 Feet SEPT. 24. 2002 COMMONWEALTH of VIRGINIA Department of Historic Resources w. Tnlae Morphp, Jr- 2801 lCensingtton Avenue, Riclimond, Virginia 232211 SeCm+anr aJNarurol Resonr— MEM01UNDUM DATE- �� Sf O? DHR File # TO: M& ces, FROM, Ethel R. Eaton, Ph.D., Project Review Team Leader i "ion of Resource Services and Review PROJECT: b:frhleen S. Kilp uicl: V'reclor Tel: (804) 367.2323 Fox: (804) 367-2391 TDD. (W) 367.2386 www.dhr,SUM.vans This.project will' Vt: an effect on hismric resources. Based on me lntormation provided, the effect will not be adverse. This project will have an adverse effect on historic properties. Further consultation with DHR is needed under Section 106 of the NHPA. Additional information is needed before we will be able to determine the effect of the project on historic resources. Plesse see the attached sheen. No further, icieatiheation effovs are warranted. No historic properties will be affected by the project. Should unidentified historic properties be discovered during implementation of the project, please notify DHR. We have previously reviewed this project. Attached is a copy of our correspondence, _ ott= (Please see comments below) _ ) COJV MENTS:: Program Servlees Div. Yeccrwur; Of i= 19.8 8oliingbronk 5ireec Porumoulb 04fiar 612 Lo. t Street 310 Floor Roor"C Office 1030 Peomor Avonue, SE Winctresret 081c 101 N. Kent 4veer_ Suirt 263 10 Corrrrhowe Avg Perercbaty. VA23803 Ptmiburg. VA23903 Portsmouth, VA 23104 Rnan0m, VA24013 Tel: !?40) 851-7535 Wiathosur,vn n6Dl Tel: (54017724427 Td: (804) 863-1685 Tcl: (904) 863r630 86z-1627 7 cC (7ti ) 396-6709 Ftu:: (757) 396.6712 Fax: (540) 857-7533 Fax: (540)'722-753i ftc (804) BLI-6194 FsK: (804) 2'd G6-b9-828 (Oils) d+21Hd ei>'1:1I z0 06 des y�pGIN/ 17)6 Robert T. Williamson Sheriff TO: FROM: SUBJECT: DATE: COUNTY of FREDERICK, VIRGINIA DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS 5 North Kent Street, Winchester, VA 22601 MEMORANDUM Rebecca Ragsdale, Planner 1 Planning & Development Department a Gary A. DuBrueler, Director I% Fire and Rescue Department`" Telecommunications Facility at Shenandoah Gas October 16, 2002 Gary Dubrueler Director, Frederick County Fire and Rescue After reviewing the Conditional Use Permit application of Shenandoah Gas for a telecommunications facility, I agree with the additional condition to be imposed. The Frederick County Public Safety Department requests permission for space to be allotted on the proposed tower for public safety emergency communications at no cost. If you need anything further information or you have questions, please do not hesitate to contact me. GAD/jlc Cc: File EVVf' (u OCT 16 200Z [)EPT OF PLANNING/DEVELOPMENT Director (540) 665-6356 a Fax (540) 723-8848 Tr COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Gary Dubrueler, Director Frederick County Department of Fire & Rescue FROM: Rebecca Ragsdale, Planner I VOL RE: Conditional Use Permit Application Telecommunications Facility at Shenandoah Gas DATE: October 11, 2002 Please find attached for you comment in regarding the Conditional Use Permit (CUP) application of Shenandoah Gas for a telecommunications facility. The conditions of approval of this application will include an additional condition to allow space on the proposed tower for County emergency communications. Please call me with any questions you may have: RR/rsa Attachments UARebecca\RebeccaT&RMemo.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 PC REVIEW: 10/16/02 BOS REVIEW: 11/13/02 CONDITIONAL USE PERMIT #11-02 SHENANDOAH GAS COMPANY Telecommunications Facility LOCATION: This property is located at 350 Hillandale Lane. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-2-A PROPERTY ZONING & PRESENT USE: Zoned M1 (Light Industrial) District; Land Use: ADJOINING PROPERTY ZONING & USE: Zoned M1 (Light Industrial) District, Land Uses: Commercial and Agricultural PROPOSED USE: 120-foot monopole -type telecommunications facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 847, 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 minimum commercial standards. 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/1996. Structural plans submitted for permit application shall be sealed by a Virginia -licensed design professional. Please note the requirements in Chapter 17, Special Inspections, for this type structure, soils, concrete, bolts, etc. 0 CUP #11-02, Shenandoah Gas Co. Page 2 October 7, 2002 Fire and Rescue: Emergency vehicle access is adequate; no additional comments. Plan approval is recommended. Winchester Regional Airport: Please see attached letter from Serena R. Manuel, Executive Director, dated 10103102. Planning and Zoning: The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit. 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. The proposed telecommunication facility will be located on a 10.9-acre site located on Hillandale Lane, adjacent to Interstate 81. The property is owned by Washington Gas and the applicant proposes to build a 120-foot monopole -type telecommunication facility. The proposed facility would replace two existing structures on the property. These two structures include a 42-foot lattice tower and a 110-foot monopole tower, and make up Shenandoah Gas's internal communication system. The two structures are outdated and do not provide enough capacity for the company. Expansion of the existing towers is not feasible and the gas company would also like to upgrade technologically. The proposed telecommunications facility would also be designed to accommodate commercial telecommunication carriers and would be constructed to support an extension to 180 feet high. However, this CUP application is only for a 120-foot monopole tower. Another CUP application would be necessary for extension of the tower. The proposed setbacks for this facility are approximately 300 feet from Hillandale Lane, 152 from the rear property line, 337 feet from the right property line, and 595 from the side property line. Therefore, the proposed location of the structure would comply with the setback requirements even if it was eventually built to 180-feet. The applicant has provided an explanation why it is not possible to utilize existing structures and has adequately illustrated the need for a telecommunication facility to serve Shenandoah Gas business operations. The zoning ordinance requires appropriate landscaping and opaque screening to ensure that equipment buildings and other accessory structures are not visible from adjoining properties and roadways; this will be addressed at the time of site plan review. CUP #11-02, Shenandoah Gas Co. Page 3 October 7, 2002 STAFF CONCLUSIONS FOR THE 10-16-02 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance. Should the Planning Commission find this use appropriate, the following conditions of approval would be appropriate: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. Existing towers on the site shall be removed within three (3) months after construction of the proposed tower, to allow time for transfer of existing communication equipment to the new tower. 6. In the event a telecommunication tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the Conditional Use Permit will be deemed invalid. 0:\Agendas\COMMENTS\CUP's\2002\Shenandoah Gas Co..wpd Washington t Gas September 9, 2002 Frederick County of Virginia Department of Planning and Development 107 N. Kent Street Winchester, VA 22601 Subject: Letter of Justification To Whom It May Concern: 6801 Industrial Road Springfield, Virginia 22151 Shenandoah Gas (a subsidiary of Washington Gas Light) owns and operates a communication site at 350 Hillandale Lane, Winchester, VA. This facility is a part of WG's internal communications system. The information transmitted by this facility includes two-way radio communications, gas flow and pipeline pressure metering information and computer data essential to the continued safe operation of Shenandoah Gas' company facilities. The analog microwave system in operation at the present time was installed over 30 years ago. The business operational needs at Shenandoah Gas have taxed the system. Presently we do not have the ability to expand this system. 'Installation of a digital system would meet present as well as future needs. The operational characteristics of a digital system require larger dish antennas mounted higher than the present antenna. This facility consist of a 40 foot tower and one 110 foot tower. The proposed 120 foot tower will replace both towers. This tower will meet current as well as future operational needs. Sincerely, John L. Whitmer Section Leader October 3, 2002 Lynn Koerner, Project Specialist Site Solutions 3126 South Ox Road Edinburg, Virginia 22824 Re: Conditional Use Permit — Final Comment 120' Monopole —Washington Gas 350 Hillandale Lane — Winchester Dear Mr. Koerner: The Winchester Regional Airport Authority offers the following final comment on the above referenced request for a conditional use permit as conditions to be complied with at all times: It has been determined that the proposed tower does not penetrate any FAR Part 77 surfaces therefore future development of this site should not impact current or future operations at the Winchester Regional Airport. This comment is based on review provided by our engineering firm, Delta Airport Consultants, Richmond, Virginia, and of the Federal Aviation Administration's Aeronautical Study Number 2002-AEA-1095-OE. If at any time the tower height exceeds 150 AGL, the Winchester Regional Airport Authority requests the following condition be met: 1. Towers over 200 feet AGL are required by FAA to be lighted.' For towers between 150 and 199 feet AGL, the Winchester Airport is requiring all structures to be marked and lighted in accordance with FAA Advisory Circular 70/7460-1 K, Change 1, Obstruction Marking and lighting, Chapter 5. Should you have any questions or need additional information, please contact this office (540) 662- 5786. Sincerely, S. R. Manuel Executive Director Cc: Rebecca Ragsdal, Planner, County of Frederick RUSSELL 3 A 116 O Commonwealth of Virginia 3LAIZE DEVELOPMENT, INC ---- 75 A-94------- --- CUSS PROPERTIES 75 A 91 .---75j A 92 OF VA 11 C / \ P 1-1 e17M M=%/ V N � Location Map ® -Zoning symbol CUP#11-02 Shenandoah GAS COMMONWEALTH of VIRGINIA Department of Historic Resources W.TaylaeMurphy,It. 2801 yensingtonAvenue, Richmond,Virginia 23221 sgreias!v ojNarural Reaauruf M)ErM01.2A.NDUM DATE: ),k s -P O? DHR File # TO: JKS NEA- C-k ILA ij'I� Ct_Vt �2y Cts, L-ro MOM., Ethel X. Eaton, MD-, Project Review Team Leader i ion of lZesomee Services and Review PROJECT: Kohleen 5. KiOff ' Dvgrao, Tel; (804) 367.2323 Fax: (804) 367.2391 TDD-.(904)367.2386 wwW.dhr.S=.vaus -,This .project will have an effect on historic resources. besea on vle lmOrmaaon provided, the effect will not be adverse. T1us project will have an adverse effect on historic properties. Further consultation with DHR is needed under Section 106 of the NHPA. Additional information is needed before we will be able to determine the effect of the project on historic resources. Please see the attached sheen. No farther identiheuion efforts are warranted. No historic properties will be affected by the project. Should unidentified historic properties be discovered during implementation of the project, please notify DHR. We have previously reviewed this project. Attached is a copy of our colvespondence. Uther (Please see comments below) CON MENTS:: _. PrDffmn servkas Dw peul5bur; 0X= 19.6 BoUingbrool: Sweet Poromout6 of a 612 Court Street 3 Floar Raarypke Office 1030 Pearnar Avenue, SE wiodrsw OYflc 107 N. htnl5uect. Suite 203 10 Counhauee Ave, Paoetsbttty, VA W03 Ppvsburg. VA23803 POnsmnuth, VA 23704 Rnanoke, VA24013 Tel: (540) 851-759a WinehrA=, VA 1-1601 TO: (540) 7?0-3427 Td: (904) 86i-1685 Tt : (804) 865-100 Tel: (757) 396-6709 Fe1:: (M) 396.6712 Fax: (540) 857•r583 Fax. (540) i?1-7535 F&V (604) 862-6196 Fax: (s04) 863-1627 a -d LE b9-BZB (Ot+S) U+NHd etr 1 : i i 20 OE daS COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Gary Dubrueler, Director Frederick County Department of Fire & Rescue FROM: Rebecca Ragsdale, Planner I V41- RE: Conditional Use Permit Application Telecommunications Facility at Shenandoah Gas DATE: October 11, 2002 Please find attached for you comment information regarding the Conditional Use Permit (CUP) application of Shenandoah Gas for a telecommunications facility. The conditions of approval of this application will include an additional condition to allow space on the proposed tower for County emergency communications. Please call me with any questions you may have. RR/rsa Attachments UARebecca\Rebecca\F&RMemo.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 is 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: � �►c-n� v�� a� a..�t�,r Gigs ��-��..�a ...�5� l-� /���.�(i�.l� .L. „�a-��� _., � ?� ,�..� �� f Name of development and/or description of the request: � .+ !a Gocsr.MLcr-- A 0 IE-2t l+�a,�� a�M1 /tsrna �vf'ri at' /12IC2m f Location: is ! ©a/, r-FT Va. Dept. of Transportation Comments: 3Y_0 14d The application for a conditi onal >»ppermit for t-h-i G property ar,nPar.c to haaVe little measurable impact on Route 847 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 VDUE minimum commercial standards. VDOT Signature and Date: A& L (NOTICE TO RESIDENT ENGINEER*PLEASE RETURN THIS FORM O 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. 0 • REQUEST FOR CONDITIONAL USE PERMIT COMMENTS • Frederick County Inspections Department Attn: Building Official 107 North Rent Street Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at ld7 North Kent' Street, 4th` Floor �of "the County °Administration. ' Building. in Winchester; if you.prefer�'to hand deliver this review..., Applicant's name, address and phone number: )63 Name of development and/or description of the request: .-r6 . c s r c� r A I2o �1'l 1 Cl� a � Yil 17`£"dJii k� err (mil G t yip JCry f %u L� % A f1t, cc. *-'jZ/z Location: Inspection Department Comments: o Arn r t+-S &to L' _a-n —Ike 114tfr a code Administrator Signature & Date: �4P( (NOTICE TO INSPECTIONS DEPT. *PLEASE R A 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 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 BOCA National Building Code/1996. Structural plans submitted for permit application shall be sealed be a Va. Licensed Design Professional. Please note the requirements in Chapter 17 Special Inspections for this type structure, soils, concrete, bolts, ect.. .) i •q�x . .. a i ,. • fit .. f b y, 4. }h � � .+ • E 0 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fi re Marshal. ATTN: Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: C53 75D "V 29? Name of development and/or description of the request: Gc��a �T2t� A- /2o 16 64-7-ii '!a Location: I-'r Fire Marshal Comments: 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 copyof your application form, location map and any other pertinent information: 0 Control number CUP02-0009 Project Name 120' Monopole antenna Address 350 Hillandale Lane Type Application conditional use permit Current Zoning M-1 Frederick County Fire and Rescu( Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 08/26/2002 08/27/2002 Applicant Shenandoah Gas City State Zip Winchester VA 22602 Tax ID Number Fire District 63-2-A 11 Automatic Sprinkler System No Other recommendatio • Emergency Vehicle Access Adequate Siamese Location Not Identified Recommendations Automatic Fire Alarm Syste NO Requirements Hydrant Location Not Identified Roadway/Aisleway Width Adequate Emergency Vehicle Access Comments Access Comments Additional Comments Date Revised Applicant Ph 703.750-4599 Rescue District 11 Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature Yes T. Welsh Title • REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662 -2 422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver this review form. Applicant's name, address ,amend phone number: Name of development and/or description of the request: /Z U M tr-)6 Location: D t J� IL 6 �S /DCi4 TG�4 r 2- szD �l !f l /�L .��4r►Iiil W OZlx0Z'_ Winchester Regional Airports Comments: Airport signature and Date: (NOTICE TO AIRPORT. * PLEA ETURN THIS FORM TO APPLICANT-) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the ageform, location with their review. Also, map, please attach a copy of your applicationpertinent proffer statement, impact analysis, and all other information. 0 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22$02 (540) 662.2422 September 16, 2002 Lynn Koerner, Project Specialist Site Solutions 3126 South Ox Road Edinburg, Virginia 22824 Re: Conditional Use Permit Tower ^ Washington Gas 350 Hillandale Lane —Winchester Dear Mr. Koerner: Information on the above referenced tower site is being reviewed by the engineering firm for the Winchester Regional Airport to determine if there is any impact on operations at the airport. Comments by the Airport Authority will be withheld pending review of the Federal • Aviation Administration's study determination of the 7460-1 filed on March 20, 2002 and comments provided to applicant from the Virginia Department of Aviation. Should you have questions please do not hesitate to contact this office. Thank you for your cooperation and assistance. Sincerely, Serena R. Manuel Executive Director 0 PO BOX 928 Staunton, VA 24402 540-887-8100 September 17, 2002 Mr. Patrick Davenport Department of Planning and Development County of Frederick, VA 107 North Kent Street Winchester, VA 22601 Dear Sir: In conjunction with the Conditional Use Permit (CUP) application submitted by Shenandoah Gas, Inc. (a subsidiary of Washington Gas and Light Company) for their Washington Gas site, please accept this letter as a checklist for the specific requirements detailed in sec. 165-48.6 of the Frederick County Zoning Ordinance. The information to follow, and the packet of exhibits attached to this letter, should effectively address each requirement. If any information is either lacking or not completed to your satisfaction, please do not hesitate to contact me at 540-798-3551. Specific Requirements A description of compliance with sec. 165-48.6 (A.) (information Required? • (1) A Map depicting the search area: Please note tab 3. of the application booklet which identifies the engineering need for the proposed structure at this height and location in a letter by Mr. John Whitmer, Communications Section Leader for Shenandoah Gas, Inc. Because this proposal is not for a "typical" commercial telecommunications facility, as regulated by sec. 165-48.6 of the Frederick Country Zoning Ordinance, this letter is being provided in place of a more standard description of a search area. (2) Identification of all structures in search area: Again, Shenandoah Gas, Inc, does not have a search area per say (see (1)). They are simply attempting to improve their company communication system by upgrading the utility of this tower site that they own, on land that they own and operate. As such, Shenandoah Gas, Inc. contends that they are making use of an existing telecommunications facility as per the requirement of this section of the policy. • (3) FCC Compliance: Please note tab 4. of the application materials which contains a copy of the FCC license for both Shenandoah Gas, Inc. and Washington Gas and Light Company for this particular geographic area. (4) Landowner Affidavit Please note tab 5. of the application materials for the affidavit signed by Mr. John Whitmer of Shenandoah Gas, Inc. Thank you for taking the time to review these requirements as they pertain to Shenandoah Gas' Conditional Use Permit application. Please contact me directly if I can be of any further assistance in this matter. O3GILLtlolu f r pmr success! • E • 0 • Page 2 Sincerely, Gregory S. T Ily Director of Planning and Zoning September 17, 2002 z COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 i tIFICAMNI Or PUBS IC, HEARHNir October 2, 2002 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #11-02 FOR SHENANDOAH GAS COMPANY TELECOMMUNICATIONS TOWER On behalf of the Frederick County Plam-iing Commission, you are hereby notified of a public hearing being held on Wednesday, October 16, 2002, at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #11-02 of Shenandoah Gas Company for a 120'-foot monopole commercial telecommunications facility. This property is located at 350 Hillandale Lane and is identified with Property Identification Number 63-2-A in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Si erely, I Rebecca A. Ragsdale Planner I 0AAgendas\Adjoiner Ltrs\2002\CUP adjoiners\Shenandoah Gas Towermpd 107 North Kent Street • Winchester, Virginia 22601-5000 0 0 This is to certify that the attached correspondence was mailed to the following on eT , 0 7 from the Department of Planning and Development, Frederick County, Virginia: 63 - A- 86-A HOOD, H P INC ATT'N: DAM BURKE 90 EVERETT AVE # 200 CHELSEA, MA - --- .. -- - ( 75 . A- 90- GLAIZE DEVELOPMENTS, INC I PO BOX 888 02150.2337 63 -2- - B- HAMMAN INVESTMENT CO, INC 931 PINTO CIR NOHOMIS, FL 34275-1611 75 -A- 91•C HOLLIDAY, DAVID B PO BOX 2715 WINCHESTER, VA STATE OF VIRGINIA 22604.1915 COUNTY OF FREDERICK WINCHESTER, VA 22604.0888 63 A• -116 RUSSELL, JOHN C JR & FRANCES L 285 CALDWELL LN WINCHESTER, VA. 22602.4404 Shenandoah Gas 350 Hillandale Lane Winchester, VA 22602 . i�' A G . J, � Rebecca A. Rai sdale, Planner I Frederick County Planning Dept. I, r—" ) LW W I I , a Notary Public in and for the State and County aforesaid, do hereby certify that Rebecca A. Ragsdale, Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated f ;2 • cya , has personally appeared before me and acknowledged thesamein my State and County aforesaid. Given under my hand this day of _ftj V I� My commission expires on Y PUBLIC Washington 6801 Industrial Road Gas Springfield, Virginia 22151 • September 9, 2002 Frederick County of Virginia Department of Planning and Development 107 N. Kent Street Winchester, VA 22601 Subject: Letter of Justification To Whom It May Concern: Shenandoah Gas (a subsidiary of Washington Gas Light) owns and operates a communication site at 350 Hillandale Lane, Winchester, VA. This facility is a part of WG's internal communications system. The information transmitted by this facility includes two-way radio communications, gas flow and pipeline pressure metering information and computer data essential to the continued safe operation of Shenandoah Gas' company facilities. The analog microwave system in operation at the present time was installed over 30 years . ago. The business operational needs at Shenandoah Gas have taxed the system. Presently we do not have the ability to expand this system. Installation of a digital system would meet present as well as future needs. The operational characteristics of a' digital system require larger dish antennas mounted higher than the present antenna. This facility consist of a 40 foot tower and one 110 foot tower. The proposed 120 foot tower will replace both towers. This tower will meet current as well as fiiture operational needs. Sincerely, John L. Whitmer Section Leader 0 �JNICAT/pays • o� Federal Communications Commission Wireless Telecommunications Bureau Radio Station Authorization *ply ' 'see: WASHINGTON GAS LIGHT COMPANY WASHINGTON GAS LIGHT COMPANY 6801 INDUSTRIAL RD SPRINGFIELD VA 22151 118 Page 1 of 1- Call Sign WIW76 File Number 0000784486 Radio Service MG - Microwave Industrial/ Business Pool SMSA I Station Class FXO Grant Date .. Effegtive Date Prinr�t Date ExpirggLion Date 02-26'-2002 02.-2�--2002 o2-2ti-2002 02-26-2012 .LOCATION Fixed Location Address or Area of Operation 1000 FT E & 1/2 MI N OF KERNSTOWN INTERCHANGE ON RT 81 City County State KERNSTOWN - FREDERICK VA Antenna Structure No. Location Name Latitude Longitude Elevation Registration No. 1 STATION 39-07-30.3 N 78-10759.0 W 227.1 2 1410 38-67-24.3 N 78-01-36.9 W 670.6 003 2630 39-05-38.3 N 78-30-09.0 W 719.3 -------------------------------------------=--------------------------------------------------------------- FREQUENCY PATHS ---------- 7------------------------------------------------------------------------------------------------ Frequency Tol Emission EIRP Constr Path Seg Emit Ant Hgt Gain Beam POL AZIM Rec Rec (MHz) (%) Desig (dBm) Date No Loc (m) (dBi) (deg) (deg) Loc Call No Reflector No Sign Ht(m)xWd(m) 6765.0 0.00100 10MOF9W 64.6 001 1 001 11.6 36.2 2.5 V 144.1 002 KZK52 6805.0 0.00100 10MOF9W 64.6 002 1 001 11.6 36.2 2.5 H 26,3.0 003 WIW75 ----------------------------------------------------------------------------------------------------------- Additional Waivers/Conditions: NONE 0 FCC 601 - M September 2000 C Federal Communications Commission Gettysburg, PA 17325-7245 RADIO STATION LICENSE Licensee Name: SHENANDOAH GAS COMPANY �dio Service: IW POWER License Issue Date: 05/25/1999 Call Sign: KDJ849 File Number: 9905R392839 License Expiration Date: 07/07/2004 Frequency Advisory No./Service Area: 04A-560-7856 Pagers****23* 990525U 198 1 1R SHENANDOAH GAS COMPANY PO BOX 2400 WINCHESTER VA 22601 REGULATORY STATUS: PMRS .............................................. FCC Fr? uencias $tali r. Output E o „ ,, q on NO.' of rnl- ion. Groun Ant. I Ig:. Antenna Antenna I.D. (MHz) Class t Units Designator Power (Watts) (Watts) Eleva To Tip Latitude Longitude 1 A: 48.20000B 1. 20KOF3E 100.000 85.000 671 40 38-57-24 :078-01-38 48.20000 !MO 138 20KOF3E 100.000 B: € 48.20000 FB :1 20KOF3E 100.000 85.000 1 226€ 34 39-07-30 078-11-00 C: 48.20000 VBS I 20KOF3E 100.000 99.000 ': 152 8 89-26-17 077-57-38 ?TRANSMITTER ;STREET' ADDRESS. CITY BOUNTY STATE A: 4.52 MI NE AD TO TRI CO FIRETbWER `: FRONT ROYAL �AUQUIER ' VA s :E SIDE. RT 81: N OF I79 KERNSTOW-T PAUQUIER VA RT 9 .25 MI �E MARTINSBURG f3ERKELEY WV REA€ OF OPERATION ITE A: 161 KMEZA 38-::,57-2:4N 078-01-38W FRONTT ROYAL FAUQUIFR VA ONTROL POINTS: E SIRE RT: 81 N I79:KERNSTOWN VA 703-8369-11V11:6801';INDUSTRIAL RD PRINGFIELD VA 7•.03-75€0-4741:RT 9 .25 MI E MAI2TINSBURG`: VA 3d4-263-1583 --ONTiROL POINT PHONE: :703 750-4785 The :latitude/longitude are authori2 ed in North American Datum 192':7 ' (NAD27):. ddi�tionally, the antenna height, to. tip, ground elevation, AAT and area of per?ation units are authc ized in metric. MISSION DESIGNA,-'OR(S;) CONVERTED T� CONFORM ;TO DESIGNATOR(1) ET bUT IN PART :2 OF ?THEOMMISSIOT'S RULES.: PAGE 1 OF 1 ' onNupo !� FEDERAL This authorization becomes -invalid and must be returned to the Commission if the stations .; i. are not placed 'in operation within eight months, unless an extension of time has been ,s COMMUNICATIONS granted. EXCEPTIONS: 1) 800 MHz trunked and certain 900 MHz station licenses cancel °pM�...... ' COMMISSION automatically if not constructed within 1 year 2) IVDS authorizations automatically cancel - if service is not made available in accordance with Section 95.833(a) of the Commission's Rules 3) There are no time limitations for placing GMRS stations in operation. FCC 574-L April 1998 • • • AFFIDAVIT The undersigned, acting as a representative for Shenandoah Gas Company, does hereby acknowledge that in the event Shenandoah Gas Company erects a communications facility on real estate owned by us, and the facility is unused or not operated for a continuous period of twelve months, it shall be considered abandoned pursuant to the Zoning Ordinance of Frederick County, Virginia, specifically Sub -Section 165-48.6 B.(7), and should Shenandoah Gas Company refuse or be unable to remove the tower from the real estate within 90 days of receipt of notice from the Frederick County Department of Planning and Zoning, we will be held responsible for the removal of the same. This Affidavit is given in accordance with Sub -Section 165-48.6 A.(4) of the Zoning Ordinance of Frederick County, Virginia. Given under my hand on this Ze day of August, 2002 (SEAL) gnature Printed Name STATE OF VIRGINIA AT LARGE, to -Wit: Subscribed, sworn to and acknowledged before me in Virginia by M1111 JM e,e , a representative for Aenandoah Gas Company, on this y of August, 2002. My commission expires: `r ® 1 Notary Public (SEAL) COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 INI MICAVIC ! I OF PUBLICHEARING October 30, 2002 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #11-02 FOR SHENANDOAH GAS COMPANY TELECOMMUNICATIONS TOWER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, November 13, 2002, at 7:15 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #11-02 of Shenandoah Gas Company for a 120'-foot monopole commercial telecommunications facility. This property is located at 350 Hillandale Lane and is identified with Property Identification Number 63-2-A in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, �'V Rebecca A. Ragsdale Planner I ���A0 WAgendas\Adjoiner Ltrs\2002\CUP adjoiners\Shenandoah Gas Towermpd 107 North Kent Street - Winchester, Virginia 22601-5000 f This is to certify that the attached correspondence was mailed to the following on o — 1(9 — Q 2--� from the Department of Planning and Development, Frederick Countyty Virginia: 63 - A- - 86-A HOOD, H P INC ATT'N: DAN BURKE 90 EVERETT AVE # 200 CHELSEA, MA 02150.2337 63 -2- - B- HAMMAN INVESTMENT CO, INC 931 PINTO CIR NOHOMIS, FL 34275-1611 75 - A- - 90- GLAIZE DEVELOPMENTS, INC PO BOX 888 WINCHESTER, VA 22604.0888 75 -A- - 91-C HOLLIDAY, DAVID B PO BOX 2715 WINCHESTER, VA 22604-1915 Shenandoah Gas 350 Hillandale Lane Winchester, VA 22602 63 - A- - 116- RUSSELL, JOHN C JR & FRANCES L 285 CALDWELL LN WINCHESTER, VA. 22602.4404 4eb'ecca A. Ragsdale, anner I Frederick County PlaWing Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, Eeffi I IV Ilri Lh ( I , a Notary Public in and for the State and County aforesaid, do hereby certify that Rebecca A. Ragsdale, Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated 10 - ,-�D- O , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this _ day of My commission expires on v 4r, ARY PUBLIC TO: Barbara in Data Processing FROM: Carol - Planning Department Please print sets of labels by: n (. e r j . Z007� THANK YOU! • 8. The type of use.proposed is (consult with the Planning Dept. before completing) C'_onz''�2�'®�tJ of' A /2-0 F.,r Ivlbn,d 4A2ctc? cs2€ ✓ems Us�b a��.�Cf`i�s°�T` crn fill is YZ 9. tis proposed that the following buildings will be constructed: A, IJ-, /di4 s Z�-.-// �c 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: D� �O EVC-2Err �T►/`E �Ze� NAME ���, �� A& tau&khnn c ADDRESS c-Ac-/s44 , W'4 OZ/s-t) PROPERTY ID# 131 Pl IJ'Tv r 2 E NAME ADDRESS �eh�mis y Tl_ 3S�Z73' PROPERTY ID# � 3 O O, Bow 888 NAME �lASz��'���mprncy5,.ADDRESS fc�jw�firsrG2 , L/r/ 1z�05< PROPERTY ID# �� %0' NAME A//j JP/, ,L*"Ay--rb S ADDRESS WJI CksaTE<z , ZZ,- o X PROPERTY ID# '/J<—a� 7/ NAME ADDRESS PROPERTY ID# �� �2 --*Nod On NAME 'i% ADDRESS PROPERTY ID# NAME ADDRESS /1 PROPERTY V9 NAME ADDRESS PROPERTY I�t. �J �l I,���cties-fe�-�--