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HomeMy WebLinkAbout07-10 Global Tower Assets LLC 250' Telecommunicaions Tower - BackfileCUP TRACKING SHEET OPEN FILE: Reference Manual updated/number assigned D-base updated Location maps requested from Mapping Dept. Adjoiner list given to Planner Application Action Summary updated ACTION Planning Commission Meeting Board of Supervisors Meeting CLOSE FILE: Approval (or denial) letter mailed to applicant, copy to Inspections Dept., copy to file and other cc's File stamped "approved", "denied" or "withdrawn" Reference manual updated D-base updated Application Action Summary updated Sys ID # ,aaS 0 9[ 190k�� ) DERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 23, 2010 Mr. Lynn Koerner 3126 South Ox Road Edinburg, VA 22824 RE: CUP #07-10 Global Tower Assets, LLC Property Identification Number 69-A-7F Dear Mr. Koerner: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 22, 2010. Conditional Use Permit #07-10 was approved to enable the construction of a 250foot self-supporting, lattice -type Telecommunication Tower. Conditions associated with the approval of this Conditional Use Permit include the following: All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 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. 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. Any expansion or modification of this use will require a new Conditional Use Permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, j r /Mark R. Cheran Zoning and Subdivision Administrator MRC/bad em: Gary A. Lofton, Board of Supervisors, Back Creek District cc: Greg Unger and Kevin Crosen, Back Creek Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official Global Tower Assets, 750 Park of Commerce Blvd., Ste. 300, Boca Raton, FL 33407 Robert & Regina Martin, 19 W. Fairfax St., Berryville, VA 22611 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department, FROM: Office Assistant II SUBJECT: . Return Of Sign Deposit DATE: September 27, 2010 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below. The company had a deposit for one sign for a Conditional Use Permit #07-10 for Global Tower Assets LLC. Global Tower has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Global Tower Assets LLC 750 Park of Commerce Blvd. Suite 300 Boca Raton, FL 33407 RSA/pd a, Caz ` 10 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 DATE�� 20 001 010 RECEIVED FROM 3 B � L ?4� 3 A�RESS _ /_�� 57 DOLLARS 00 � ❑FOR RENT ;/�� �,(.C:�l,:►' �e.V *.- �a��ay .y' N'N►' BY Pd by PLANNING Check 1850.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 8/2010 A CASH ACCOUNT I AMT. PAID CHECK (1n I BALANCE MONEY DUE ORDER i T A X FREDERICK COUNTY R E C E I P T Ticket #:00006420001 C. WILLIAM ORNDOFF, JR Date 8/06/2010 P.O. BOX 225 Register: JKH/JKHB Trans. #: 08733 WINCHESTER VA 22604-0225 Dept # 1095 Acct# SIGN DEPOSITS PLANNING Previous r Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ PLANNING Interest $ .00 .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING DUE INCLUDES PENALTY/INTEREST CheBALANCE # VARIOUS THRU THEcMONTH1850 8/2010 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 2 3 2010 C �A,P 0--)-Iv �s-cabal 69 - A- - 7.1 JACKSON DIANE A PO BOX 134 STAR TANNERY VA 't T � r 67 . T . .;; i f�a r_r 22654.0134 016H26508243 $ 00.440 08/19/2010 Mailed From 22601 US POSTAGE X 220 N7E 1 7091 00 09/19/10 FORWARD TIME EXP RTN TO SEND JACKSON " DIANE 240 DRILL RD STAR TANNERY VA 22554-2301 RETURN TO SENDER I1111111111111111111111111111111111111111111111111111)11111) CONDITIONAL USE PERMIT 907-10 G� CO GLOBAL TOWER ASSETS LLC w Staff Report for the Board of Supervisors Prepared: September 9, 2010 1738 Staff Contact: Mark R. Cheran, Zoning Administrator 1)38 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: 09/01/10 Recommended approval Board of Supervisors: 09/22/10 Pending EXECUTIVE SUMMARY: This is a request to seek approval for the construction of a 250 foot self-supporting, lattice -type commercial telecommunications facility. At their meeting on September lst, the Planning Commission unanimously approved the applicant's request for a waiver of the monopole requirement and recommended approval of this Conditional Use Permit with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating 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. Following this 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. Page 2 Conditional Use Permit #07-10 Global Tower Assets LLC September 9, 2010 LOCATION: This property is located at the intersection of Brill Road (Route 603) and Highway 55. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69-A-7F PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Vacant Land Use: Vacant Land Use: Residential Land Use: Residential PROPOSED USE: This application is for a 250 foot self-supporting, lattice -type telecommunication facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 603, 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 Page 3 Conditional Use Permit #07-10 Global Tower Assets LLC September 9, 2010 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. (See 3108.2, Location and Access.) Special instructions per Chap 17 IBC 2006 apply to this structure. Snow bridging requires a building permit. Relocation/additional antennas require a building permit. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. Winchester Regional Airport: Due to the elevation of the site at 1,025 feet, the proposed structure height of 250 feet, the proposed tower penetrates the Horizontal Surface Elevation of 876 feet of the Part 77 surfaces of the airport. Applicant has filed the required 7640-1 with the Federal Aviation Administration for review and approval. A copy of the FAA determination on Aeronautical Study No. 2010-AEA-2825-OE is attached for reference to this comment letter. In accordance with FAA Aeronautical Study No. 2010-AEA-2825-OE, the proposed tower is being required to be marked and/or lighted in accordance with FAA Advisory circular 70/7460-1K Change 2. Obstruction Marking and Lighting, a med-dual system — Chapters 4, 8 (M-Dual) and 12. In addition, the FAA is requiring filing of Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to their office any time the project is abandoned or within five days after the construction reaches the greatest height (7460-2, Part 11). Any temporary construction equipment exceeding the overall height of the structure including all appurtenances will require filing of a separate 7460-1 form with the FAA before construction begins for review and approval. During the construction phase, all cranes will be required to have an aviation obstruction flag and an obstruction light visible during daylight operations and must be lowered at night unless lit, in accordance with FAA guidelines. Intended hours and dates of operation should be coordinated with David Foley, Operations Supervisor Winchester Regional Airport Authority no less than forty-eight hours prior to start so that a Notice to Airmen can be issued. On behalf of the Winchester Regional Airport Authority, we are requesting that the tower be marked with lighting in accordance with all FAA regulations and guidelines and the FAA comments provided in the referenced aeronautical study be complied with at all times as a condition of approval for this Conditional Use Permit. Planning and Zoning: The 2007 Comprehensive Policy Plan of Frederick County ("Comprehensive Plan") provides guidance when considering land use actions. This proposed 250 foot self-supporting commercial telecommunication facility is located on property indentified within the Comprehensive Plan to remain rural and is not part of any land study. The properties immediately adjacent to this proposed CUP are currently zoned RA (Rural Areas) Zoning District. The applicant has applied for a Conditional Use Permit for a 250 foot lattice - type commercial telecommunications facility on a ten acre property, with the nearest dwelling(s) being more than 200 feet from this facility. The Planning Commission may allow a lattice -type telecommunication tower provided that the tower is located outside the UDA and not adjacent to identified historic sites. 'o r Page 4 Conditional Use Permit #07-10 Global Tower Assets LLC September 9, 2010 The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). Commercial telecommunication facilities are subject to additional performance standards. These performance standards are to ensure that scenic areas and properties of significant historic values are not negatively impacted. There are no properties of significant historical value or any historical sites adjacent to this proposed use. In addition to these performance standards, the zoning ordinance requires that all proposed telecommunication facilities shall be of a monopole - type construction, unless waived by the Planning Commission. This application was granted a waiver from the monopole requirement. Furthermore, the Frederick County Zoning Ordinance requires an applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible co -location structures. The applicant has provided an inventory of existing telecommunication facilities, and no other telecommunication facilities or possible co -location opportunity structures exist in this area. This proposed commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. STAFF CONCLUSIONS FOR THE 09/01/10 PLANNING COMMISSION MEETING: This is a request to seek approval for the construction of a 250 foot self-supporting, lattice -type commercial telecommunications facility. Staff would note that the proposed site does qualify for a Planning Commission waiver from the monopole tower requirements in order to utilize a self- supporting lattice tower. Two Planning Commission actions are requested. • Approval or denial of a waiver of the monopole tower requirement so that a self- supporting lattice -type tower could be used. • Should the Planning Commission find this CUP 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 collocating 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. Page 5 Conditional Use Permit #07-10 Global Tower Assets LLC September 9, 2010 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 & ACTION OF THE SEPTEMBER 1, 2010 MEETING: One citizen, an adjoining property owner, spoke during the public comment portion of the hearing. This citizen wanted some assurance the applicants will provide the maintenance and upkeep of the access road (Brill Road) into the tower site. He also. had questions about the power supply needed to serve the facility, whether there would be underground or overhead cable, how much power would be transmitted, and what type. He noted area residents have been experiencing frequent power outages. He also inquired how long a CUP would be valid. The applicant stated they will maintain the road to standards for accessing their site, but would not typically plow snow; visits to the site will be infrequent. The applicant stated that in order to provide reliable coverage north and south in the Route 55 corridor, it was determined that a tower between 200-250 feet was needed. Their goal was to connect the broadcast tower to the east and the existing former AT&T microwave tower on top of the mountain with a single tower. They intended to place the tower within the center of the desired parcel, which presented them with the best buffer to the surrounding community; the terrain and existing tree canopy offered almost zero visual impact. The applicant stated the visual impact of a 250-foot monopole tower would be much greater than a lattice tower because it would result in a huge structure; the diameter of the pole would resemble a power station smokestack. A member of the Commission asked about agency review comments in light of the tower's location within a national forest. The staff replied this was a local review on private property; however, because of the proximity of the George Washington National Forest, the District Ranger at the Edinburg USDA Office was contacted. They had no objections to the tower. The Planning Commission unanimously approved the applicant's request for a waiver of the monopole requirement so that a self-supporting, lattice -type tower could be constructed. The Planning Commission then next recommended approval of the conditional use permit for a 250- foot, self -supported lattice -type telecommunications tower with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. Page 6 Conditional Use Permit #07-10 Global Tower Assets LLC September 9, 2010 4. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. In the event a telecommunications tower is not erected within 12 months of the approval of this conditional use permit, the conditional use permit will be deemed invalid. 6. Any expansion or modification of this use will require a new conditional use permit. (Note: Commissioners Manuel, Crosen, Thomas, and Triplett were absent from the meeting.) In AUG 5 2010 i b*nittal Deadline 6 /a 4•`�`g�0G _ C Meeting fti �. BUS Meeting g 9 a ib �- ' t 01JNITY 04-49 � AL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner X other) NAME: Global Tower Assets LLC ADDRESS: 750 Park of Commerce Blvd, Suite 300, Boca Raton, FL 33407 TELEPHONE Acquisition Contractor 540-335-0030 Corporate Office 561-886-3956 2. Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in the interest of the property: Robert B. and Regina A. Martin (Owners) Global Tower Asset's (Contractor Purchaser) 3. The property is located at: (please give exact directions and include the route number of your road or street) The intersection of Brill Road (State Road 603) and Highway 55. From I-81 Exit 296, proceed West towards Wardensville for 10 2/10 miles on Highway 55, Wardensville Pike and turn left on Brill Road (State Road 603). Proceed 200 yards and make a hard rictht turn on Old Brill Road. Proceed 150 vards and turn left to access gate. Proceed through gate to site. 4. The property has a road frontage of 764 feet and a depth of 985.94 feet and consists of 10.010 acres. (Please be exact) 5. The property is owned by Robert B. and Regina A. Martin as evidenced by deed from Raymond E. & Shirley A. Brill recorded LR040015768 (previous owner) in deed book no. on page , as recorded in the _records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I.D.)No. 69-A-7F Record ID: 0040038 Magisterial District Back Creek Current Zoning Rural Area - (Use - vacant) • • 7. Adjoining Property: USE North Residential Fast Vacant South Residential / Vacant West Residential ZONING Rural Area Rural Area Rural Area Rural Area 8. The type of use proposed is (consult with the Planning Dept. before completing) Construction of a 250 foot self support telecommunications tower in a 100' X 100' equipment compound area with related telecommunications equipment. 9. It is proposed that the following buildings will be constructed: No buildings are proposed at this time. The outdoor radio equipment will be placed on a concrete pad within the l n n 1 X 'On' equipment Compound 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 Louis E. Lacaria 909 Wardensville Pike ADDRESS Star Tannery, VA 22654 PROPERTY ID# 69-A-6 Record ID 21685 NAMjH Dennis M. Tharpe 1412 N. Pifer Road ADDRESS Star Tannery, VA 22654 PROPERTY 1D# 69-A-7E Record ID 38653 225 Brill Road NAME Robert E. & Destiny Teets ADDRESS Star Tannery, VA 22654 PROPERTY ID# 69-5-1.1 Record ID 37501 240 Brill Road NAMF. Diane A. Jackson ADDRESS Star Tannery, VA 22654 PROPERTYID# 69-A-7I Record ID 45148 NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS 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. SURVEY ON NEXT PAGE AND ALSO SEE FULL SET OF CONSTRUCTION DRAWINGS ATTACHED 12. Additional comments, if any: The proposed telecommunications tower is located outside the Urban Development Area and is not adjacent to properties that are identified historical sites The tower height of 250 foot is necessary to provide carriers with the needed antenna height to be able to provide connectivity to adjoining sites. Request approval for self support/lattice design structure I (we), the undersigned, do, hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use describedIn 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 thefirst public hearing.and maintained so as to be visible.until after the Board of Supervisors' public hearing. Your application fora 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. �m����5 ►�� P/* q Martins: 19 West Fairfax St, Berryville, VA 22611 Global Tower Assets LLC: 750 Park of Commerce Blvd, Suite 300 Martin: 540-270-9930 Global: 561-666-3956 Applicant Contact: Lynn Koerner, Contractor for Global Tower Assets, LLC., 3126 South Ox Road, Edinburg, VA 22824 Phone: 540-335-0030 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: �vG� CMG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: imw.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Sheet, Suite 202, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That 1 (We) (Name) Robert B. Martin (Phone) 540-270-9930 (Address) 19 West Fairfax Street, Berryville, VA 22611 the owner(s) of all those tracts or parcels of land ("Property") conveyed to the (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by I nstrument No. LR04-00157680,1 p XX Map 69 Parcel: 7F Lot: Block: Section: do hereby make, constitute and appoint: (Name) Lynn Koerner . and is described as Subdivision: (Phone) 540-335-0030 (Address) 3126 South Ox Road, Edinburg, VA 22824 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority 1 (we) would have if acting personally to file planning applications for my (our) above described Property, including: 121 Conditional Use Permits MXXXXgMFMAXWXX IN 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: N/A This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. 41- �) -C) In witness thereof, l (w ) h ve 17 sAm,ur and and seal this day ofla_�' -290 Signature(s) I�of Virginia, City oun of A ,qa��_ , To -wit: •...T;N/ ,P' - a Notary Public in and for the jurisdiction -t a f6uI certify that the person(s) who signed to the foregoing instrument personally al geared before me i y h WCI:nowledged the same before me in the jurisdiction aforesaid this 4 day of moo) O My Commission Expires: gt tit' yic LPnn Koerner— 540-33?-0030 SiteAcquisition and Pro/ectDerelopntent Contractor for Global Tower Partners August 5, 2010 Frederick County Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Letter of Justification - Conditional Use Permit Application for Global Tower Assets, LLC — Site VA5133 — 1-81 - Middletown Tax Parcel 69-((A))-7F - Adjacent to Wardensville Pike Owner: Robert and Regina Martin Contract Owner: Global Tower Assets, LLC Dear Mr. Cheran: Global Tower Assets (GTP) is proposing to build a 250 foot self support structure on the property located at the intersection of Brill Road and RT55, Star Tannery. This tower site is primarily placed at this location to provide a platform for the various wireless carriers to connect to the Clear Channel tower which is east of the proposed location located off of Cottontown Road in Shenandoah County and west to the Old AT&T, Craun LLC tower located on the VA/WV state line. No other telecommunication facilities or possible co -location opportunity structures exist in this area. The proposed site is located in an area that has had carrier complaints of non-existent or very degraded service and loss of signal strength. The search ring objective, competing sites list and vicinity map are attached as Attachment 1. This tower location will provide carrier coverage to the surrounding roads and residential areas. CUP Application GTP- A5133 Page 2 August 5, 2010 Attached as Attachment 2 is an RF Brief with plots that represent the current coverage and projected coverage from our anchor tenant. Note on the RF plots the reference to Site 439 being on air. This site is currently under development as a co -location and a building permit application will be submitted in the near future. The carriers RF Brief also outlines their purpose and intent and the recommendation for the site at a "minimum" height of 199 feet. The anchor tenant has requested a "minimum" antenna height of 199 feet to meet their coverage objective for the area. For this reason, we are proposing the tower to be 250 feet in height which will allow compliance with the standard conditions placed on the CUP for collocating of additional carriers. The tower site is located outside the Urban Development Area and it is requested that a self support/lattice type structure be approved in lieu of the monopole design to allow for the additional carriers. Standard monopole structures are typically limited in height to 200 feet. The key points regarding the need for this telecommunications facility at this location are: It is necessary to provide coverage and connectivity in the area in which it is proposed. 2. Signal engineering from the anchor tenant shows an area of inadequate service in this area. 3. Statistical operating data of the existing wireless network creates a compelling need for service in this area. 4. The carriers, AT&T and Shentel, have placed, or are in the process of establishing facilities at the towers previously mentioned as owned by Clear Channel and Craun, LLC. There are no other existing facilities in this area that would provide the necessary platform to fulfill the needs in this particular area and fill the gap to provide contiguous service. 5. This site addresses communications needs of the high traffic -count roads in the area as well as the residential areas. 6. The tower needs to be of a self support/lattice design due to the height needed for adequate carrier coverage. r CUP Application VA5133 Page 3 August 5, 2010 It is the ongoing policy and objective of Global Tower Assets LLC to make the tower available to other wireless service providers for co -location. The proposed tower will be engineered to accommodate a minimum of three (3) wireless carriers, thus reducing the need for additional towers in the area. In order to insure the maximum set back from the adjoining property owners, Global Tower has elected to purchase the entire 10 acre parcel and has sited the tower near the center of the parcel. By doing so, we expect adjoining properties will have zero visual impact from the installation of the tower. The evaluation process has been initiated for evaluation by the mandated agencies in accordance with the National Environmental Protection Act (NEPA). As part of that evaluation, the Virginia Department of Historical Resources (DHR) will review the information to be submitted by The Ottery Group under the provisions of Section 106 with the expectation that the proposed site will have "No adverse effect' on historic properties listed in or eligible for listing in the National Register of Historic Places. This site is consistent with planned growth, and planned growth calls for development of infrastructure. Sites like this are necessary components of the communications infrastructure. This site can provide DSL quality (commonly called 3G or EVDO) wireless broadband internet to the area and, it establishes the platform to introduce advanced WiMax and/or LTE wireless broadband service at speeds up to 70 Mbits/s and 326.4 Mbit/s, respectively. Global Tower Assets LLC requests your favorable review and positive recommendation to the Board of Supervisors. Please contact me should you have questions or require additional information. Sincerely yours, C::: Ly n Koerner Site Acquisition and Project Development Contractor for Global Tower LCIC, Search Area Ring ISITE NAME: Prop_Sitel SITE ID: Prop—Sitel Map SatellitiPi H., bri nil R .SS 55 (E5 C5 5) Site ID Latitude (Dog) Lon qitude(Deg) GE (ft) Red Center (ft) Min GE (ft) Max RC (ft) Min RC (ft) Prop_Sitel 39-6-4.724 N 78-28-3.3954 W 2132 180 2132 213 165 Site Type #NIA She Objectives: To provide continued coverage on Hwy 55 between Strasburg and Wardensville Additional Comments: All candidates should be above surrounding obstructions !. ' -7 (ft) is apprc ate. Values are taken from digitized terrain Engineer: Rafe" ANY*d Release #: 1 Release Date: 04/15110 JApproval: I Date: MW 0 0 0 • Competing Structure Analysis ExistinLY/ComUetine Structure #1 (Existing Towers, Rooftops, Water Tanks, etc.....) Tower Owner/Tower ID• Clear Channel (Cottontown Rd - Sheandoah County) Distance from proposed GTP Tower: AGL: 178' Self Support Latitude/Longitude: N39-03-56.25 (N39.0656) / W78-22-5755 (78.38265) Est. Space Availability/Capacity: At capacity Which Carriers are on Tower: AT&T / Shentel(Sprint) / Clear Channel Radio(WFQX-FM) Existing/Competing Structure #2 Tower Owner/Tower ID• Old AT&T Microwave Tower (Craun LLC - WV State Line) Distance from proposed GTP Tower: AGL: 115 foot Self support Latitude/Longitude: N39-06-04.11(N39.1011) / W78-29-42.20 (W78.4950) Est. Space Availability/Capacity: Microwaves can be removed - No other antenna Which Carriers are on Tower: AT&T and Sprint/Shentel negotiating for use Existing/Competing Structure #3 Tower Owner/Tower ID: HTS (Wardensville - WV) Distance from proposed GTP Tower: AGL: 180 foot monopole Latitude/Longitude: N39-04-34.89 (N39.07636) / W78-35-00.70 (W78.58353) Est. Space Availability/Capacity: At least 3 additional carriers Which Carriers are on Tower: Shentel(Sprint) ExistinE/Competing Structure #4 Tower Owner/Tower ID: Distance from proposed GTP Tower: AGL: Latitude/Longitude: Est. Space Availability/Capacity: Which Carriers are on Tower: Existin;_/Competing Structure #5 Tower Owner/Tower ID: Distance from proposed GTP Tower: AGL: Latitude/Longitude: Est. Space Availability/Capacity: Which Carriers are on Tower: Existing/Competin! Structure #6 Tower Owner/Tower ID: -,,,GoosIc. Clid.AT&T Area oc:atton Clear Channel US D' Fir rr S- A6 2010 -It 'J-1411 -U-1 I- F-�, --J.--z7-/ is Attachment 2 ri.o._ 130' x 459 n Edinburg, Virginia 22824-0469' n (540) 984-4141 Aug 2, 2010 RF Brief Overview for the Proposed Wardensville Pike Site Sheritel is proposing to build a PCS cell site near Hwy 55 Wardensville Pike and State Route 603 Brill Road intersection. 'The purpose of this site is to provide highway coverage along Hwy 55 thus extending Shentel's coverage footprint further west towards the West Virginia state line and on to Wardensville, WV. The proposed PCS site (Site Number: WA12SH714A) referred to as "Wardensville Pike" is located at coordinates: Latitude: 39' 05' 46.72" N and Longitude: 78' 27' 01.22" W. The site address is 200 Brill Road, Star Tannery,VA 22654. The PCS antennas will be co -located on the proposed 250-ft self- support tower being proposed by Global Tower Partners, GTP. The RI= signal strength simulation study shows that the minimum height required for antenna deployment at this location to meet the coverage objective is 199 feet. A height lower than this would result in less than the desired signal strength because of the terrain and clutter limitations. The loss in signal strength occurs because of the fact that the radio frequency signals, in general, are very susceptible to objects In their path such as buildings,.trees & foliage and vehicles etc. In addition, RF signals degrade in strength as distance increases between, transmit and receive antennas even when there is no obstruction present in the path between the antennas. The result of RF signal strength simulations are shown in the plots enclosed. Take note of the site shown in the map as 439A which is currently under development and is a co -location on an existing tower near the state line. The RF simulation map labeled as "Coverage of Existing Sites without Site 714A" shows the current covered area. The RF simulation map labeled as "Coverage of Existing Sites with Site 714A" shows coverage from the proposed FCS site when the antennas are deployed at a height of 199 ft above ground level (AGL) along with the coverage from existing Shentel sites in the neighboring places. The RF simulation map labeled as "Coverage of Site 714A without Existing Sites" shows coverage only from the proposed PCS site when the antennas, are deployed at a height of 199 ft above ground level. ..2 LOCAL AND LONG DISTANCE TELEPHONE • II I T ERNET AN❑ DATA SERVICES • CABLE TELEVISION WIRELESS VOICE AND DATA SERVICES • ALARM MONITORING • TELECOfvlfvlUIJICAT 10t`IS EQUIPfv)EhlT WE MUST SERVE WELL TO PROSPER • WE 611US T PROSPER TO SERVE WELL • • Page two The colors "yellow" and "green" in the RF simulation maps represent the strength of RF signal in the given geographical area. The "yellow color" represents In -Building PCS coverage level — RF signal strength of -84 dBm while the "green color" represents In -Vehicle PCS coverage level — RF signal strength of -98 dBm. The In -Building PCS coverage level warrants uninterrupted service to the user who is using a PCS device in -door when little or no interference is present. Similarly, the In -Vehicle PCS coverage level warrants uninterrupted service to the user who is using a PCS device while traveling In vehicle if little or no interference is present. Shentel complies with all FCC guidelines and standards for Radio Frequency (RF) emissions. Shentel will operate, maintain and monitor this PCS cell site under the rules and guidelines of the FCC. In conclusion, it is evident from the RF simulation maps that this PCS cell site would provide highway coverage to commuter traffic along Hwy 55. Considering the purpose and extent of the site coverage, the RF engineers at Shentel recommend that a PCS site with antenna located at a minimum height of 199 ft AGL be built at the proposed site location. The proposed PCS site, along with Site 439A, will provide adequate road coverage along Hwy, 65, thus fulfilling Shentel's desired coverage objective and meet company standards for reliable wireless service. Anthony S. Peralta Shentel - RF Engineer Office: (540) 984-5426 Fax: (540) 964-5493 Coverage of Existing Sites without Site 714A --ti.,.-..,��' •, �`' fig =` � �•+�' - _. r i i IL WARDENSVILLE - ■ .. f 6 ■ �si F STAR .' R TANNER Yf �• :. t ■ Pw J 4 p 438A )' , I • L �■ — iY , W, i' • ■ LEGEND IN -BUILDING COVERAGE (-84 dBm) �� • • IN -VEHICLE COVERAGE (-98 dBm). _ _ -., 1 • . „1 BLUE SITES -existing on -air sites _ 96 BLACK SITES -future sites r`, %. L Site 439A was considered on -air In this plot to highlight coverage need for Site 714A _ .� ' Coverage of Existing Sites ''� MIMI 'as • y �' . �. ■ r. with Site 714A .y Lai IL r rwARDENSVILCE '`'' • • r• r■ 6 i � 367A •' i ' jI f . ■ _ y L ER _ • fill T39A ■ �.'� t — L j • �• _ loo ■ 1 LEGEND '1 �` 1 • ' ._ IN -BOLDING COVERAGE (-84 dBm) a IN -VEHICLE COVERAGE (-98 dBm) �. - ? �' l '� • BLUE SITES -existing on -air sites ■ _ � 1 - BLACK SITES -future sites T', �% ` ° Site 439A was considered on -air in this plot to highlight coverage need for Site 714A •SRO, :l rA Coverage of Existing Sites L without Site 714A & 439A J m qk kr-IP In 77 IN. 9A '�7.14A WARDENSViLLE jj 357A STAR % j TAN ■ 438A L Ira mop LEGEND IN -BUILDING COVERAGE (-84 dBm) L M kJ -VEHICLE COVERAGE (-98 d8m) ISLUESffES -existing on -air sites HACK SITES -future sites 16 THE � AUG 3 0 2010 l OTTERYGiR,oup� ` L August 26, 2010 Eric Lawrence, AICP, Director County of Frederick Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Invitation to participate as a consulting party to the Section 106 review of the 1-81- Middletown" — 200 Brill Road, Star Tannery, VA 22654 Mr. Lawrence: Prior to the construction of a telecommunications facility located at 200 Brill Road in Star Tannery, VA, The Ottery Group has submitted documentation to the Virginia Department of Historic Resources regarding the effect of the proposed undertaking on historic properties. As tower construction is regulated by the FCC, Global Tower, LLC, which will own and operate the tower, is required to consider the effects of planned undertakings on cultural resources for compliance with the National Environmental Policy Act (NEPA) as well as Section 106 of the National Historic Preservation Act. Pursuant to Section 106 requirements, this notification is being made to invite potentially interested parties that may desire to participate in the consultation process. The proposed undertaking consists of the construction of a telecommunications facility in a wooded area at the above -referenced location. The proposed facility will consist of a 250-foot self-support lattice tower and associated equipment contained within a fenced compound. If you have any questions, concerns, or comments regarding the proposed undertaking, please contact our office within 30 days of receipt of this notification. The project review staff at the Virginia Department of Historic Resources will have all documentation regarding this undertaking on file; however, I will be glad to furnish you with an electronic copy if requested. I look forward to your comments regarding the effects of the proposed undertaking. If you have any questions or require more information please feel free to contact me by phone (301.562.1975) or email (beibei.su@otterygroup.com). I appreciate your assistance with this project. Sincerely, THE OTTERY GROUP, INC. Beibei Su Architectural Historian 1810 AUGUSt DRIVE • SILVER SPRING, MARYLAND 20902 • 301.562.1975 (MAIN) • 301.562.1976 (FAX) www.otterygroup.com CONDITIONAL USE PERMIT #07-10 GLOBAL TOWER ASSETS LLC w Staff Report for the Planning Commission Prepared: August 9, 2010 �lw Staff Contact: Mark R. Cheran, Zoning Administrator 1l38 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: 09/01/10 Pending Board of Supervisors: 09/22/10 Pending EXECUTIVE SUMMARY: This is a request to seek approval for the construction of a 250 foot self-supporting, lattice -type commercial telecommunications facility. Staff would note that the proposed site does qualify for a Planning Commission waiver from the monopole tower requirements in order to utilize a self- supporting lattice tower. Two Planning Commission actions are requested. • Approval or denial of a waiver of the monopole tower requirement so that a self- supporting lattice -type tower could be used. • Should the Planning Commission find this CUP 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 collocating 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. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 Conditional Use Permit #07-10 Global Tower Assets LLC August 9, 2010 LOCATION: This property is located at the intersection of Brill Road (Route 603) and Highway 55. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69-A-7F PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Vacant Land Use: Vacant Land Use: Residential Land Use: Residential PROPOSED USE: This application is for a 250 foot self-supporting, lattice -type telecommunication facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 603, 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 Page 3 Conditional Use Permit 407-10 Global Tower Assets LLC August 9, 2010 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. (See 3108.2, Location and Access.) Special instructions per Chap 17 IBC 2006 apply to this structure. Snow bridging requires a building permit. Relocation/additional antennas require a building permit. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. Winchester Regional Airport: Due to the elevation of the site at 1,025 feet, the proposed structure height of 250 feet, the proposed tower penetrates the Horizontal Surface Elevation of 876 feet of the Part 77 surfaces of the airport. Applicant has filed the required 7640-1 with the Federal Aviation Administration for review and approval. A copy of the FAA determination on Aeronautical Study No. 2010-AEA-2825-OE is attached for reference to this comment letter. In accordance with FAA Aeronautical Study No. 2010-AEA-2825-OE, the proposed tower is being required to be marked and/or lighted in accordance with FAA Advisory circular 70/7460-1K Change 2. Obstruction Marking and Lighting, a med-dual system — Chapters 4, 8 (M-Dual) and 12. In addition, the FAA is requiring filing of Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to their office any time the project is abandoned or within five days after the construction reaches the greatest height (7460-2, Part II). Any temporary construction equipment exceeding the overall height of the structure including all appurtenances will require filing of a separate 7460-1 form with the FAA before construction begins for review and approval. During the construction phase, all cranes will be required to have an aviation obstruction flag and an obstruction light visible during daylight operations and must be lowered at night unless lit, in accordance with FAA guidelines. Intended hours and dates of operation should be coordinated with David Foley, Operations Supervisor Winchester Regional Airport Authority no less than forty-eight hours prior to start so that a Notice to Airmen can be issued. On behalf of the Winchester Regional Airport Authority, we are requesting that the tower be marked with lighting in accordance with all FAA regulations and guidelines and the FAA comments provided in the referenced aeronautical study be complied with at all times as a condition of approval for this Conditional Use Permit. Planning and Zoning: The 2007 Comprehensive Policy Plan of Frederick County ("Comprehensive Plan") provides guidance when considering land use actions. This proposed 250 foot self-supporting commercial telecommunication facility is located on property indentified within the Comprehensive Plan to remain rural and is not part of any land study. The properties immediately adjacent to this proposed CUP are currently zoned RA (Rural Areas) Zoning District. The applicant has applied for a Conditional Use Permit for a 250 foot lattice - type commercial telecommunications facility on a ten acre property, with the nearest dwelling(s) being more than 200 feet from this facility. The Planning Commission may allow a lattice -type telecommunication tower provided that the tower is located outside the UDA and not adjacent to identified historic sites. Page 4 Conditional Use Permit #07-10 Global Tower Assets LLC August 9, 2010 The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). Commercial telecommunication facilities are subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas and properties of significant promote orderly economic development and mitigate the negative impacts to adjoining properties. These performance standards. are to ensure that scenic areas and properties of significant historic values are not negatively impacted. In addition to these performance standards, the zoning ordinance requires that all proposed telecommunication facilities shall be of a monopole -type construction. There are no properties of significant historical value or any historical sites adjacent to this proposed use. Furthermore, the Frederick County Zoning Ordinance requires an applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible co -location structures. The applicant has provided an inventory of existing telecommunication facilities, and no other telecommunication facilities or possible co -location opportunity structures exist in this area. This proposed commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. STAFF CONCLUSIONS FOR THE 09/01/10 PLANNING COMMISSION MEETING: This is a request to seek approval for the construction of a 250 foot self-supporting, lattice -type commercial telecommunications facility. Staff would note that the proposed site does qualify for a Planning Commission waiver from the monopole tower requirements in order to utilize a self- supporting lattice tower. Two Planning Commission actions are requested. Approval or denial of a waiver of the monopole tower requirement so that a self- supporting lattice -type tower could be used. Should the Planning Commission find this CUP appropriate, Staff would suggest the following conditions be placed on the CUP: 2. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. Page 5 Conditional Use Pen -nit #07-10 Global Tower Assets LLC August 9, 2010 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. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. ENERAL NOTES 1. FOR THE PURPOSE OF THE CONSTRUCTION DRAWINGS, THE FOLLOWING DEFINITIONS SHALL APPLY: OWNER : GLOBAL TOWER, LLC CONTRACTOR : T.B.D. (CONSTRUCTION) 2. THE CONTRACTOR WHEN VISITING THE COMMUNICATION SITE SHALL FAMILIARIZE HIMSELF WITH THE EXISTING CONDITIONS AND SHALL CONFIRM THAT THE WORK CAN BE ACCOMPLISHED AS SHOWN ON THE CONSTRUCTION DRAWINGS. THE CONTRACTOR SHALL VERIFY ALL EXISTING DIMENSIONS AND CONDITIONS PRIOR TO COMMENCING ANY WORK. ALL DIMENSIONS OF EXISTING CONSTRUCTION SHOWN ON THE DRAWINGS MUST BE VERIFIED. THE CONTRACTOR SHALL NOTIFY THE CONTRACTOR OF ANY DISCREPANCIES PRIOR TO ORDERING MATERIALS OR PROCEEDING WITH CONSTRUCTION. SINCE THE COMMUNICATION SITE IS ACTIVE, ALL SAFETY PRECAUTIONS MUST BE TAKEN WHEN WORKING AROUND HIGH LEVELS OF ELECTROMAGNETIC RADIATION. PERSONAL RF EXPOSURE MONITORS ARE ADVISED TO BE WORN TO ALERT OF ANY DANGEROUS EXPOSURE LEVELS. 3. ALL MATERIALS FURNISHED AND INSTALLED SHALL BE IN STRICT ACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS, AND ORDINANCES. THE SUBCONTRACTOR SHALL ISSUE ALL APPROPRIATE NOTICES AND COMPLY WITH ALL LAWS, ORDINANCES, RULES, REGULATIONS, AND LAWFUL ORDERS OF ANY PUBLIC AUTHORITY REGARDING THE PERFORMANCE OF THE WORK. 4. ALL WORK CARRIED OUT SHALL COMPLY WITH THE INTERNATIONAL BUILDING CODE 2006, LATEST EDITION. ALL MECHANICAL AND ELECTRICAL WORK SHALL BE IN ACCORDANCE WITH ALL APPLICABLE MUNICIPAL AND UTILITY COMPANY SPECIFICATIONS AND LOCAL JURISDICTIONAL CODES, ORDINANCES AND APPLICABLE REGULATIONS. ALL WORK SHALL BE IN ACCORDANCE WITH NFPA-70 THE NATIONAL ELECTRICAL CODE. 5. DRAWINGS PROVIDED FOR CONSTRUCTION ARE NOT TO BE SCALED 6. UNLESS OTHERWISE NOTED, THE WORK SHALL INCLUDE FURNISHING MATERIAL, EQUIPMENT, APPURTENANCES, AND LABOR NECESSARY TO COMPLETE ALL INSTALLATIONS AS INDICATED ON THE PLANS. 7. THE CONTRACTOR SHALL INSTALL ALL MATERIALS IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS UNLESS SPECIFICALLY STATED OTHERWISE. 8. THE CONTRACTOR SHALL CONFIRM ACTUAL UTILITY ROUTING AND REFLECT THE ACTUAL ROUTE ON THE REDLINED DRAWINGS, 9. THE CONTRACTOR SHALL PROTECT THE EXISTING IMPROVEMENTS, PAVEMENTS, CURBS, LANDSCAPING, AND STRUCTURES. ANY DAMAGED PART SHALL BE REPAIRED AT THE SUBCONTRACTOR'S EXPENSE TO THE SATISFACTION OF THE OWNER. 10. THE CONTRACTOR SHALL LEGALLY AND PROPERLY DISPOSE OF SCRAP MATERIALS OR ANY OTHER ITEMS REMOVED FROM THE EXISTING FACILITY. 11. THE CONTRACTOR SHALL LEAVE PREMISES IN CLEAN AND TO IT'S ORIGINAL CONDITION. 12. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ANY ADDITIONAL PERMITS REQUIRED FOR CONSTRUCTION OF FENCES, INSTALLATION OF ANTENNAS, ICE BRIDGES, ETC. UTILITY COMPANY INFORMATION GLOBAL TOWER, LLC VA5133 1,81 - MIDDLETOWN 250'SELF SUPPORT TOWER PROJECT INFORMATION SCOPE OF WORK: INSTALLATION OF A TOWER FOUNDATION, 250' SELF SUPPORT TOWER, 3 ANTENNAS, 6 RF TRANSMISSION LINES, EQUIPMENT SLAB ON GRADE, 2 COMMUNICATION EQUIPMENT CABINETS, SITE GROUNDING, CHAIN LINK FENCE, SITE IMPROVEMENTS, LANDSCAPING, ELECTRICAL AND TELEPHONE APPURTENANCES AND CONDUITS TO UTILITY DEMARKS. SITE ADDRESS: 200 BRILL ROAD ( E911 ADDRESS ) STAR TANNERY. VA 22654 LATITUDE: N 39' 05' 45.976" LONGITUDE: W 78' 26' 58.845" ELEVATION: 1242.33" AMSL AT CL TOWER BASE JURISDICTION: FREDERICK COUNTY, VA USE GROUP: U (UTILTIY AND MISC.) ZONING: RA PARCEL ID: 69-A-7F CURRENT USE: VACANT LAND / WOODED PROPOSED USE: TELECOMMUNICATION FACILITY LAND AREA: 10.01 ACRES PROJECT DIRECTORY ELECTRIC UTILITY: TELEPHONE COMPANY: I PROPERTY OWNER: APPLICANT: ARCHITECT 1 ENGINEER ALLEGHENY POWER SHENANDOAH TELEPHONE PHONE: 800-355-3445 PHONE: 800-743-6835 POLE NUMBER: 1094681 POLE NUMBER: 13/18/4 SPECIAL CONDITIONS A STRUCTURAL ANALYSIS SHALL BE SUBMITTED FROM LICENSED STRUCTURAL ENGINEER CONFIRMING THE STRUCTURAL ADEQUACY OF THE TOWER AND FOUNDATION. ROBERT B. AND REGINA A. MARTIN GLOBAL TOWER, LLC ENTREX COMMUNICATIONS SERVICES, INC. 19 WEST FAIRFAX STREET 750 PARK OF COMMERCE BLVD 1575 EYE ST. NW BERRYVILLE, VA 22611 SUITE 300 WASHINGTON, DC 20005 BOCA RATON, FL 33487 CONTACT: MARC MARZULLO CONTACT: TIM DENNIS PHONE: (202) 408-0960 PHONE: (703 778-8400) FAX: (202) 408-0961 APPLICABLE CODES AND STANDARDS ALL WORK SHALL COMPLY WITH THE LATEST EDITION OF THE VIRGINIA STATEWIDE BUILDING CODE 2006 AND THE INTERNATIONAL BUILDING CODE 2006. THE TOWER DESIGN SHALL COMPLY WITH CHAPTER 15, 16 AND 31 OF THE IBC 2006. THE TOWER AND FOPUNDATION CONSTRCUTION SHALL BE SUBJECT TO THE PROVISIONS OF CHAPTER 17 OF THE IBC 2006. THE VIRGINIA STATEWIDE BUILDING CODE 2006 INTERNATIONAL BUILDING CODE 2006 T1A/EIA-222-F AND TIA/EIA-222-G NATIONAL ELECTRICAL CODE 2005 T Op Lr N' 1 9 A tk19 DY y L N.0' .0 0- SJ0NAL 'AL LIST SITE AC R.F. CONSTR. MANAGER PROPERTY OWNER/REP J DRAWING INDEX T-1 TITLE SHEET AND GENERAL NOTES Z-1 SITE PLAN Z-2 COMPOUND PLAN AND TOWER ELEVATION Z-3 ANTENNA MOUNTING DETAILS, SCHEDULE AND NOTES Z4 STE DETAILS Z-5 EQUIPMENT CABINETS AND DETAILS VICINITY MAP (SCALE: 1' =10001 DRIVING DIRECTIONS: REV. =ROM BETHESDA, MD: PROCEED ON 1-495 SOUTH TO 1-66 WEST. MERGE ONTO 1-66 WEST. TAKE EXIT to TO MERGE ONTO 1-81 SOUTH TOWARD ROANOKE. TAKE EXIT 296 FOR VA-48/VA-55 TOWARDS STRASBURG. FROM EXIT 296 1-81, PROCEED 10 2/10 MILES WEST ON HIGHWAY 55/48 TOWARDS WARDENVILLE, WV. TURN LEFT AT BRILL ROAD, STATE ROUTE 603 AND PROCEED 200 YARDS AND MAKE A HARD RIGHT TURN. PROCEED 150 YARDS AND TURN LEFT TO ACCESS GATE. FOLLOW ACCESS ROAD APPROXIMATELY 900 FT TO THE SITE. 9" I / e n t re x communication services, Inc. 1575 Eye Street, N.W. Suite 350 WASHINGTON, D.C.20005 PHONE: (202)408-0960 FAX: (202)408.0961 VA5133 1-81 - MIDDLETOWN 200 BRILL ROAD (E911 ADDRESS ) STAR TANNERY, VA 22654 GLOBAL TOWER, LLC 750 PARK OF COMMERCE BLVD., SUITE 300 BOCA RATON, FL 33487 TITLE SHEET AND GENERAL NOTES 1 08 02 1 D ZONING VA. M.M. M.M. 0 07/15/1 ZONING R.K. M.M. M.M. N0. DATE REVISIONS BY CHK AP° JOB NUMBER DRAWING NUMBER REV SCALE: AS SHOWN DESIGNED: CG DRAWN: WA 1095.014 T-1 0 -1 SITE VICINITY MAP SCALE: 1"=1000' 11R SITE PLAN NOTES 1.) SITE NAME: 1-81 MIDDLETOWN 2.) THIS IS NOT A BOUNDARY SURVEY AND IS NOT TO BE USED FOR THE TRANSFER OF PROPERTY. 3.) THE SUBJECT PARCEL INFORMATION; OWNER: ROBERT B. AND REGINA A. MARTIN PREMISES ADDRESS: 200 BRILL ROAD (E911 ADDRESS) STAR TANNERY, VA 22654 MAILING ADDRESS: 19 WEST FAIRFAX STREET BERRYVILLE, VA 22611 COUNTY: FREDERICK COUNTY PIN: 69 A 7F ZONING: RA USE: VACANT 4.) THE RECORDED REFERENCES FOR THE SUBJECT PARCEL ARE AS FOLLOWS: INSTRUMENT YEAR: 2004 INSTRUMENT t. 15768 AREA: 10.01 ACRES 5.) THE DATUMS ARE NAD 83 AND NAVD 88, AND THE BEARING BASE IS STATE GRID. 6.) NO UNDERGROUND UTILITIES HAVE BEEN LOCATED, THE PRESENCE OF ANY SUCH UTILITIES MUST BE CONFIRMED BY THE CONTRACTOR BEFORE CONSTRUCTION. 7.) NO WETLANDS HAVE BEEN DEFINED AND ANY AREAS SHOWN AS MARSH, PONDS OR DITCHES ARE DONE SO FROM VISIBLE SURFACE FEATURES AND IN NO WAY CONSTITUTE A DEFINED WETLAND. 8.) THE FLOOD ZONE OF THE PROPOSED TOWER IS AS FOLLOWS; FLOOD ZONE X, AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN. SOURCE, FEMA FLOOD MAP FOR FREDERICK COUNTY, VA. COMMUNITY PANEL NUMBER 510063 0300D. REVISED, SEPTEMBER 2, 2009. 9.) THE DATA COLLECTED AND SHOWN ON THIS DRAWING ARE FOR THE PURPOSES OF CONSTRUCTION OF A CELLULAR TOWER FACIUTY, ANY NECESSARY ANCILLARY EQUIPMENT AND ALL APPROPRIATE EASEMENTS. 10.) NO UNRECORDED EASEMENTS ARE SHOWN ON THIS SURVEY AND IT IS POSSIBLE THAT SUCH EASEMENTS IMPACT THE SITE. 11.) THIS PROPERTY IS SUBJECT TO ALL MATTERS OF PUBUC RECORD. 12.) THE LOCATION OF THE PROPOSED TOWER IS AS FOLLOWS; THE VALUES LISTED BELOW ARE WITHIN ±50' HORIZONTAL AND ±20' VERTICAL. LATITUDE: NORTH 39' 05' 45.976' LONGITUDE: WEST 78' 28' 58.845" ELEVATION: 1242.33' AMSL GROUND AT CENTER OF TOWER 13.) THE EXISTING EXISTING 8 FT ACCESS DRIVEWAY ALONG THE NORTH PROPERTY LINE TO BE IMPROVED TO 12 FT WIDTH. 14.) OLD BRILL ROAD IS AN EXISTING VDOT RIGHT OF WAY WHICH IS NOT MAINTAINED. LOUIS E. LACARIA PARCEL ID: 69 A 6 ZONING: RA DEED BOOK: 698. PAGE 885 USE: RESIDENTIAL DIANE A. JACKSON PARCEL ID: 69 A 71 ZONING: RA INSTRUMENT hP. 06-0022276 USE: RESIDENTIAL GRAPHIC SCALE m xo ( IN FEET ) 1 inch - 50 It SITE PLAN z-1 'S0'W ROBERT E. TEETS PARCEL ID: 69 5 1.1 ZONNG: RA INSTRUMENT YEAR 2005 INSTRUMENT NO. 4824 USE: RESIDENTIAL k u4 �� 10, p ell 4 .a , E� ) `� . \ `Pow, . :ISTING ACCESS 12' GATE./ RAGE DR DENNIS THARPE PARCEL ID: 69 A 7E ZONING: RA DEED BOOK: 936, PAGE 1808 USE: VACANT ool y/.0- ✓ �QI //`QpA9 LEGEND O FO: ND PROPERTY CORNER BENCH MARKS Y UTILITY POLE F— GUY ANCHOR -� SIGN WATER SHUT OFF CONCRETE SURFACE ASPHALT SURFACE GRAVEL SURFACE C LINE TYPES BOUNDARY _.%E - PARENT PARCEL UNSURVEYED LINE - BOUNDARY OF ADJOINERS RIGHT OF WAY —TIE UNE FOR DIMENSIONS EASEMENT BOUNDAR' z' CONTOUR 10' CONTOUR — — I / en rex VA5133 GLOBAL TOWER, LLC SITE PLAN I.81 - MIDDLETOWN 750 PARK OF COMMERCE BLVD. SUITE 300 1 a 02/lo ZONING M.A. M.M. M.M. communication Inc. 1575 Eye Street, N..W.W. Suite uite 350 200 BRILL ROAD (E911 ADDRESS ) ' BOCA RATON, FL 33487 0 07/15/10 ZONING R.K. M.M. M.M. WASHINGTON, D.C.20005 STAR TANNERY, VA 22654 NO DATE REVISIONS BY CHK APP JOB NUMBER DRAWING NUMBER REV PHONE: (202)408-0960 FAX: (202)408-0961 SCALE: AS SHOWN DESIGNED: M.M. DRAWN: R.S. 1095.014 Z-1 0 414 �, 4 PROPOSED 12' WOE ACCESS GATE, SEE 1/7-4 PROPOSED 8' HIGH BLACK PROPOSED 8' UGHTNING R 2,-0" VINYL 10 WTH 'FHAIN LINK FENCE 5'-0" 1 5'-0" 6'-0' 1 HIGH. BARB WRE ON 3 SIDES, SEE 1/Z-4 70P OF PROPOSED TOWER x X X X X X X EL. 250'-0' C FUTURE CARRIER ANTENNAS AS _rl" -n FUTURE CARRIER ANTEN AQ L LL 240-U TEN U_ -b- al -al PROPOSED ELECTRIC r STANDOFF MOUNTS, TYP. SERVICE FRAME, SEE 4/Z-4 C FUTURE CARRIER ANTENNAS n- -n- _D_ ON jVl PROPOSED MESA EL. 230-0" U_ -8- x 4- •1 4+f44 A., CABINET BASE, SEE 2/Z-4 FUTURE q FUTURE CARRIER ANTENNAS 12 20 EL. = 720'-0" U.- 41.- -LI- _U LEASE AREA E CARRIER ANTENNAS (3) PROPOSED AND (3) FUTURE 0 _D j TOWER x FUTUR EL 21 SHENTEL ANTENNAS ON (3) 10 FT 50'-0' STANDOFF FRAMES, SEE I/Z-3 C PROPOSED SHENTEL ANTENNAS FL= 199'-D" r— — — — — — — - x FUTURE 12 x 20' LEASE AREA -0. — — — — — — — - iL J i FUTURE 12' x 20' I LEASE AREA I 5 tm \—TOWER Ij CENTER PROPOSED 250' SELF-SUPPORT TOWER L— — — — — — — x PROPOSED 250' SELF-SUPPORT TOWER ' ? PROPOSED OPOSED SHENTEL CABLE LADDER `"��. PROPOSED SHENTEL CABINETS ON A 10'x16' PROPOSED SHENTEL X SLAB, SEE I/Z-5 ICEBRIDGE r— — — — — — — - — — — — — — — - 1 PROPOSED SHENTEL S A PROPOSED SHENTEL FUTURE NTEN, SEE /Z-3NAFUTURE (6) 1 5/8'0 RF CABLES 12 1 x 20' 1 2 . x 20' r —1 ON LADDER x LEASE AREA LEASE AREA FUTURE 6' K 11' 1 LEASE PROPOSED SHENTEL AREA L J PPC CABINET, L J SEE 1/1-5 x PROPOSED SHENTEL GPI ANTENNA, SEE 3/Z-3 PROPOSED 8' HIGH PROPOSED SHENTEL 39'-0' 0'-0" SOLD WOOD FENCE p /Z_, SEE CABINET, E 3 ON 1 SIDE, SEE 6/Z-4 OPOSED 8 HIGH BLACK I lOO'-O" VINYL CHAIN LINK FENCE ROPOSED 8' HIGH I LEASE AREA -TH 1' HIGH. BARB WIRE, SOLID WOOD FENCE, SEE /Z-4 SEE 6/7-4 T(3' SIDES) (1 SIDE ONLY) 1 7 1 25'-0" COMPOUND PLAN TOWER ELEVATION SCALE: 1/8"= l'-O* SCALE 1/16'= 1'-0., VA5133 GLOBAL TOWER, LLC entrex 1-81 MIDDLETOWN COMPOUND PLAN AND TOWER ELEVATION communication services, Inc. 750 PARK OF COMMERCE BLVD., SUITE 300 08/02/1 ZONING M.A. M.M. M,M. 1575 Eye Street, N.W. Su Re 350 200 BRILL ROAD (E911 ADDRESS) 0 07/15/10 ZONING RX M.M. M.M. WASHINGTON, D.C. 20005 STAR TANNERY, VA 22W BOCA BATON, FL 3U87 NO DATE REVISIONS BY CHK A -PPE JOB NUMBER DRAWING NUMBER REV PHONE: (202)408-0960 — FAX: (202)408-0961 1 SCALE: AS SHOWN DESIGNED: C.T. DRAWN: R.K._. 1095.014 Z-2 0 PROPOSED SHENTEL ANTENNA, TYP., SEE 4/Z-3 2 Z-3 4k.AP 3 14� FUTURE SHENTEL ANTENNA (TYP OF 3) STABILIZING ROD (TYP OF 3) ANTENNA MOUNTING STAND-OFF FRAME, TYP, PROPOSED 250' SELF TOWER SHENTEL ANTENNA DETAIL 2 SCALE: 3/8'=''-C" 2-3 PROPOSED ICEBRIDGE PROPOSED SHENTEL GPS ANTENNA SUPPLIED BY LUCENT / 1-1/4'e 40 x 24' LG. MIN SS OR GALV. PIPE CABLE TO PIPE CONNECTOR BURNOY TYPE GAR (TYP. 2 PLCS) PLATE 1/4 z 4 1/4 z 16 1/4' LG. GALV. (A-36) 0STD. LHEX �I U-BOLT FOR 2'0 PIPE W/ DOUBLE NUTS AND WASHER, GALV. U-BOLTS (INCLUDED) 1/2' GPS CABLE MICROFLECT 3'0 ICEBRIDGE PIPE SUPPORT GPS MOUNTING DETAIL �3 4� PROPOSED 1/2' JUMPER CABLES, SEE SCHEDULE PROPOSED SHENTEL ANTENNA, SEE SCHEDULE ANTENNA MOUNTING SECTOR FRAME, TYP. &I PROPOSED SHENTEL 1-5/8' 0 CABLES ON CABLE LADDER li SECTION r2 SCALE: 3/4'=1'-O' Z-3 FRONT VIEW H SIDE VIEW SHENTEL ANTENNA DETAIL 4 SCALE: 1'=''-C' 2-3 PROPOSED 250' SELF-SUPPORT TOWER -7a TOP VIEW ANTENNA MODEL RFS APXV18-2D6516H-C (5 4.8' H X 6.9' W X 4.3' D) SHENTEL ANTENNA AND COAXIAL CABLE SCHEDULE SECTOR 1 SECTOR 2 SECTOR a COAX CABLE TYPE/SIZE LENGTH (FT) COAX CABLE TYPE/SIZE LENGTH (FT) LZAX CABLE TYPE/SIZE LENGTH (FT) TRX RX TRX RX TRX RX ANTENNA JUMPER FLC 12 50J 1/2. C1 C2 RC 12 50J 1/2. Cl C2 FLC 12 501 1 /2" Cl C2 6' 6' 6' 6' 6' 6' MAIN CABLE 1 5/8. 230' 1 23V 1 5/T 230' 230' 1 5/8' 230' 230' EQUIPMENT JUMPER FLC 12 50J 1 /2. 4 ' 4 F,C 12 501 1/2" 4' 4' FLC 12 50J 1/2' 4' i CABLE COLOR CODE 21 YELLOW GROWN WHITE C3 RED BROWN WHITE C5 GREEN BROWN WHITE C2 YELLOW WRITE WHITE C4 RED WHITE WHITE C6 GREEN WHITE WHITE ANTENNA RFS-APX18-206516H-C-A20 RFS-APX18-206516H-C-A20 RFS-APX18-206516H-C-A20 NUMBER OF ANTENNAS 1 1 1 RADATION CENTER 199'-0" 199'-0' 199'-0' MOUNT TYPE 10 FT T-FRAME SITE PRO 1 PART L710-272 10 FT T-FRAME SITE PRO 1 PART L710-272 10 FT T-FRAME SITE PRO 1 PART LTFIO-272 AZIMUTH 30 DEGREE 150 DEGREE 295 DECREE DOWN TILT 0 DEGREE (+4EDT) 0 DEGREE (+4EDT) 0 DEGREE (+4EDT) NOTES: 1. ALL ANTENNAS SHALL BE FURNISHED WITH DOWNTILT BRACKETS. CONTRACTOR SHALL COORDINATE REQUIRED MECHANICAL DOWNTILT FOR EACH ANTENNA NTH RF ENGINNER. ANTENNA DONNTILT SHALL BE SET AND VERIFIED BY A SMART LEVEL. 2. ANTENNA CENTERUNE HEIGHT IS IN REFERENCE TO ELEVATION 0.0'. 3. INSTALL RFS 1/2' ANTENNA CONTROL CABLE FROM SPRINT TELCO CABINET TO CDMA ANTENNA SECTOR 1, FROM COMA ANTENNA SECTOR 1 TO COMA ANTENNA SECTOR 2, FROM DONA ANTENNA SECTOR 2 TO COMA ANTENNA SECTOR 3. 4. CONTRACTOR SHALL INSTALL COLOR CODE RINGS ON EACH END OF COAXIAL CABLES AND JUMPER CABLES WTH UV RESISTANT TAPE. ALL CABLES SHALL BE MARKED AT THE TOP AND BOTTOM WITH 2' COLOR TAPE OR STENCIL TAG. COLOR TAPE MAY BE OBTAINED FROM GRAYBAR ELECTRONIC. THE FIRST RING IS THE CLOSEST TO THE END OF THE CABLE. WRAP 2' COLORED TAPE A MINIMUM OF 3 TIMES AROUND THE CIRCUMFERENCE OF THE COAX, KEEPING THE TAPE IN THE SAME AREA AS MUCH AS POSSIBLE. THIS WILL ALLOW THE REMOVAL OF TAPE THAT WILL FADE OR DISCOLOR DUE TO WEATHER. 5. FINAL COAXIAL CABLE LENGTH SHALL BE DETERMINED AFTER FIELD SWEEP TEST. STRUCTURAL NOTES 1. DESIGN REQUIREMENTS PER THE VIRGINIA STATE WIDE UNIFORM BUILDING CODE 2006. 2. INFORMATION SHOWN ON THESE DRAWNGS WAS OBTAINED BY FIELD MEASURE- MENT. THE GENERAL CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS AND NOTIFY THE ARCHITECT/ENGINEER OF ANY DISCREPANCIES PRIOR TO ORDERING MATERIALS OR PROCEEDING WITH CONSTRUCTION. 3. THE GENERAL CONTRACTOR AND HIS SUBCONSULTANTS SHALL BE RESPONSIBLE FOR OBTAINING ALL PERMITS AND INSPECTIONS WHICH MAY BE REQUIRED FOR THE WOW. 4. STRUCTURAL STEEL SHALL CONFORM TO THE LATEST EDITION OF THE AISC SPECIFICATIONS FOR STRUCTURAL STEEL BUILDINGS - ALLOWABLE STRESS DESIGN AND PLASTIC DESIGN INCLUDING THE COMMENTARY AND THE AISC CODE OF STANDARD PRACTICE. 5, STRUCTURAL STEEL PLATES AND SHAPES SHALL CONFORM TO ASTM A36. ALL STRUCTURAL STEEL PIPES SHALL CONFORM TO ASTM A53 GRADE B. ALL STRUCTURAL STEEL TUBNG SHALL CONFORM TO ASTM A500 GRADE B. ALL STRUCTURAL STEEL COMPONENTS AND FABRICATED ASSEMBUES SHALL BE HOT DIP GALVANIZED AFTER FABRICATION. 6. WELDING SHALL BE IN ACCORDANCE WITH THE AMERICAN WELDING SOCIETY (AWS) D.1.1-00. STRUCTURAL WELDING CODE -STEEL WELD ELECTRODES SHALL BE E70XX. 7. ALL THREADED STRUCTURAL FASTENERS FOR ANTENNA SUPPORT ASSEMBLIES SHALL CONFORM TO ASTM A307 OR ASTM A36. ALL STRUCTURAL FASTENERS FOR STRUCTURAL STEEL FRAMING SHALL CONFORM TO ASTM A325. FASTENERS SHALL BE 5/8 INCH MIN. DIAMETER BEARING TYPE CONNECTIONS WITH THREADS EXCLUDED IN THE SHEAR PLANE. ALL EXPOSED FASTENERS, NUTS AND WASHERS SHALL BE GALVANIZED UNLESS 07HERWSE NOTED. CONCRETE EXPANSION ANCHORS SHALL BE HILTI KWK BOLTS UNLESS OTHER- WISE NOTED. ALL ANCHORS INTO CONCRETE SHALL BE STAINLESS STEEL. 8. ALL COAXIAL CABLE CONNECTORS AND TRANSMITTER EQUIPMENT SHALL BE AS SPECIFIED BY THE OWNER AND IS NOT INCLUDED IN THESE CONSTRUCTION DOCUMENTS. THE CONTRACTOR SHALL FURNISH ALL CONNECTION HARDWARE REQUIRED TO SECURE THE CABLES. CONNECTION HARDWARE SHALL BE STAINLESS STEEL. 9. NORTH ARROW SHOWN ON PLANS REFERS TO TRUE NORTH. CONTRACTOR SHALL VERIFY NORTH AND INFORM ARCHITECT/ENGINEER OF ANY DISCREPANCY BEFORE STARTING CONSTRUCTION 10. ALL CAST IN PLACE CONCRETE SHALL BE MIXED AND PLACED IN ACCORDANCE WITH THE REQUIREMENTS OF ACI 318 AND ACI 331, AND SHALL HAVE A 28 DAY MINIMUM COMPRESSIVE STRENGTH OF 3000 Psi (U.O.N). CONCRETE SHALL BE PLACED AGAINST UNDISTURBED SOIL, UNLESS OTHERWISE NOTED. MINNOW CONCRETE COVER FOR REINFORCING STEEL SHALL BE 3 INCHES UNLESS OTHERWSE NOTED CONCRETE SHALL BE 4 TO 6E AIR ENTRAINED. 11. ALL REINFORCING STEEL SHALL CONFORM TO ASTM 615 GRADE 60. DEFORMED BILLET STEEL BARS. WELDED WRE FABRIC SHALL CONFORM TO ASTM A185. I / c� entrex VA5133 GLOBAL TOWER,LLC 1-81-MIDDLETOWN ANTENNA MOUNTING DETAILS, communication services, Inc. 2OO BRILL ROAD (E911 ADDRESS) 750 PARK OF COMMERCE BLVD., SUITE 3W 1 8/02/10 ZONING V.A. M.M. M.M. SCHEDULES AND NOTES 1575 Eye Street, N.W. Suite 350 BOCA RATON, FL 3U87 0 07/15/1 ZONING R.K. M.M. M.M. WASHINGTON, D.C.20005 STAR TANNERY, VA 22%4 NO DATE REVISIONS BY CHK PP JOB NUMBER DRAWING NUMBER REV PHONE: (202)408-0960 FAX: (202)408-0961 SCALE: AS SHOWN DESIGNED: M.M. DRAWN: M.A. 1095.014 Z-3 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 8, 2010 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #07-10 FOR GLOBAL TOWER ASSETS LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 22, 2010, 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 907-10 for Global Tower Assets LLC, presented by Lynn Koerner, Contractor, for a 250 foot self support Telecommunications Tower. This property is located at the intersection of Brill Road (Route 603) and Highway 55, and is identified with Property Identification Number 69-A-7F in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. 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.frederickeountyva.gov. Sincerely, Mark R. Cheran Zoning Administrator 107711"1:II 41 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on e� from the Department of Planning and Development, Frederick County., Virginia: Lynn-&oerner -- - -- --- -- r 69 -A- - 7.1 3126 South Ox Rd. JACKSON DIANE A Edinburg, VA 22824 Po BOX 134 STAR TANNERY VA 22654.0134 U100ai 1 ower Assets 750 Park of Commerce Blvd., Ste. 300 — - Boca Raton, FL 33407 Robert & Regina Martin . 19 W. Fairfax St. Berryville, VA 22611 69 . A.. 6. LACARIA LOUIS E 909 WARDENSVILLE PIKE STAR TANNERY VA 22654.2049 -THARPE DENNIS M 1412 N PIFER RD STAR TANNERY VA 22654.2012 69 TEETS ROBERT E TEETS DESTINY D i 225 BRILL RDA STAR TANNERY VA 22654.2310 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICIK 7,. o p �a Notary Public in and for the State and County aforesaid, do bareby certify that MarU. Cheran, Zoning & Subdivision Administrator for the De art nt f Planning and Development, whose name is signed to the foregoing, dated (� , has ,personally appeared before me and acknowledged the same in my State nd ounty aforesaid. Given under my hand this 4-t7 day ofA6 r-A" My commission expires on EOcmo ID # PUBLIC NOTARY PUBLIC RY PUBLICALTH OF VIRGINIA d EXPIRES JU4Y 31, 201 ] 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 20, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #07-10 FOR GLOBAL TOWER ASSETS LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 1, 2010, 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 #07=10 for Global Tower Assets LLC, presented by Lynn Koerner, Contractor, for a 250 foot self support Telecommunications Tower. This property is located at the intersection of Brill Road (Route 603) and Highway 55, and is identified with Property Identification Number 69-A-7F in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. 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.frederickcountyva.gov. Sincerely, af;�R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that he a ached correspondence was mailed to the following on 0 from the Department of Planning and Development, Frederick. County, Virginia: Lynn &oerner -- - - - - - 69 A- - 7.1 3126 South Ox Rd. JACKSON DIANE A Edinburg, VA 22824 PO BOX 134 STAR TANNERY VA 22654-0134 UIODal lower Assets '750 Park of Commerce Blvd., Ste. 300 Boca Raton, FL 33407 69 - A- - 7-F MARTIN ROBERT B & REGINA A 19 W FAIRFAX ST BERRYVILLE VA 22611.1164 69 - A- - 6• - - - - LACARIA LOUIS E 909 WARDENSVILLE PIKE STAR TANNERY VA 22654.2049 69 - A- - 7-E THARPE DENNIS M 1412 N PIFER RD STAR TANNERY VA 22654.2012 69 - 5.1. 1 TEETS ROBERT E TEETS DESTINY D 225 BRILL RD STAR TANNERY VA 22654.2310 -,I i f ;k R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICJK I,. , a Notary Public in and for the State and County aforesaid, do reby certify that k R. Cheran, Zoning & Subdivision Administrator for the Departme of Tanning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State an6 County aforesaid. Given under my hand this day of My commission expires on ao it BEVERLY H. DELLINOaK NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DULY 31, 201 i NOT PUBLIC 'fib PG7. Adjoining Property: North Residential East Vacant South Residential / Vacant «zest Residential 00:BARBARA-DATA PROCESSING FROM-BEV - Planning Dept. Please pr'nt sets of la by / k7 HANK . ZONING Rural Area Rural Area Rural Area Rural Area 8. The type of use proposed is (consult with the Planning Dept. before completing) Construction of a 250 foot self support telecommunications tower in a 1001 X 100' equipment compound area with related telecommunications equipment. 9. It is proposed that the following buildings ,% rill be constructed: No buildingsare proposed at this time. The outdoor radio equipment will be placed on a concrete pad within the I on I X I Q n I ecjx pment noMpc3rind 10. The follom ing are all .of the individuals, fr`rrns, or corporations owning property adjacent to both sides and rear and in front of (across street frora) the property where the requested rise will .be conducted. (Continue on back if necessary.) These people «zil'l be notified by mail of this. application. - NAME Louis E. Lacaria 909 Wardensville Pike ADDRESS Star Tannery, VA 22654 PROPERTY ID# 6-9-A-6 RecordLf621685 NAME Dennis M . Tharpe 1412 ICI. Pifer Road ADDRESS Star Tannery, VA 22654 PROPERTY ID# 69-A-7E Recorq,,fD 38653 225 Brill Road NAME Robert E. & Destiny Teets ADDRESS star Tanner y, VA 22654 PROPERTY ID## 6 9 5 -1. 1 Recor-a/I'D 37501 NAME Diane A. Jackson 240 Brill Road ADDRESS _Star Tannery, VA 22654 PROPERTYID#'69-A-7I Record/iD 45148 NAME PIZO13ERTY ID# NAME ADDRESS N PROPERTY ID# 4 -/W4 ". REQUEST FOR CONDITIONAL USE PERIWT CO?1 MENTS Nli ginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (5-40) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this fon-n. Applicant's name, address and phone number: Global Tower Assets LLC 750 Park of Commerce Blvd, Suite 300 Boca Raton, FL 33407 Site Acquisition Contractor: Lynn Koerner 540-335-0030 Name of development and/or description of the request: Telecommunications tower and related equipment compound area Location: Near the intersection of Brill Road (State Route 603) and Highway 55 Wardensville Pike, Star Tannery, VA Parcel 69-((A))-7F Va. Dept. of Transportation Comments: VDOT Signature and Date: (,( /Z F & NOTICE TO RESIDTu\T E, .1 ER fIPLEASE R N TINS F VT TO AP ICAL\TT.) Contractor, Lynn Koerner, 3126 South Ox Road, Edinburg, VA 22824 lynnk@shentel.net 540-335-0030 NOTICE TO APPLICANT T It is your responsibility, to complete this form as acctuately 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 PERT 11R QyvtbNTS ��CC JUL18 Frederick Counh, 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 reyiviv form. Applicant's name, address and phone number: Global Tower Assets LLC 750 Park of Commerce Blvd, Suite 300 Boca Raton FL 33407 Site Acquisition Contractor: Lynn Koerner 540-335-0030 Name of development and/or description of the request: Telecommunications tower and related equipment compound area Location: Near the intersection of Brill Road (State Route 603) and Highway 55 (Wardensville Pike), Star Tannery, VA Parcel 69-((A))-7F Fire Marshal Comments: PLANS APPROVED FIRE MARSHAL, FREDERICK COUNTY Fire Marshal Signature & Date: (NOTICE TO FIRE MARSHAL - PI, ,ASE RETURN THIS FORM TO APP ICA T.) Contractor, Lynn Koerner, 3126 South Ox Road, Edinburg, VA 228824 lynnk@shentel.net 540-335-0030 NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency xyith their reyiexa.-. Also. please attach a copy of your application form, location map and any other pertinent information. �4 G w x Od '3 rq C VIRGINIA Control number CUP10-0009 Project Name Global Tower Assets Address 3126 S. Ox RD. Type Application CUP Current Zoning Rural Area Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified 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 Date Revised 7/19/2010 7/20/2010 Applicant WND City State Zip Applicant Phone Edinburg VA 22824 540-335-0030 Tax ID Number Fire District Rescue District 69-A-7F 17 17 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Roadway/Aisleway Width Adequate Election District Back Creek Residential Sprinkler System No Fire Lane Required No Special Hazards No Reviewed By Signature J. Bauserman Title PLANS APPROVED CI[' E MwnS►�HAL Fncncr iC nn��NTY REQUEST FOR CONDITIONAL USE PERT I'T CO1b MENTS Frederick Comity Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (5 t0) 665-5650 The Frederick Count)- Inspections Department is located at 107 North Kent Street, 2nd floor of the County Administration North Building in Winchester. il' you prefer to hand deliver this review form. Applicant's name, address and phone number: Global Tower Assets LLC 750 Park of Commerce Blvd, Suite 300 Boca Raton, FL 33407 Site Acquisition Contractor: Lynn Koerner540-335-0030 Name of development and/or description of the request: Telecommunications tower and related equipment compound area Location: Near the intersection of Brill Road (State Route 603) and Highway 55 (Wardensville Pike), Star Tannery, VA Parcel 69-(A))-7F Inspections Department Comment: Code Administrator Signature & Date: /-7 (NO"DICE TO INSPECTIONS DF.PT*P SE ETUR THIS FORM TO APPLICANT.) Contractor, Lynn Koerner, 26 South Ox Road, Edinburg, VA 22824 lynnk@shentel.net 540-33 -0030 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. 6 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 17113C 2006 apply to this structure. Snow bridging requires a building permit. Relocation/additional antennas require a building permit. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. Fences greater than 6' require a building permit ' "-!;}r1. ::*, !y�Cjc j ry'ri .!J'U ;•/ fl'+r1tYl 0 REQUEST FOR CONDITIONAL USE PERj4HT COMMENTS Winclicstor Regional Airport AttIi: 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 forni. Applicant's name, address and phone nuinber: Global. Tower Assests 750 Park of Commerce Blvd Suite 300 Baca 'Rai -on, FT. 33407 Site acquisition Contractor_ Lynn Koerner 540-335-0030 Nai a of development andf©r description of the request: Telecommunications tower and related equipment compound area Location: Near the intersection of Brill Road (State Route 603) and Highway 55 (Wardensville Pike) Star Tannery, VA Parcel 69-((A))-7F Winchester Regional Aiiport's Comments: Airport Signature and Date: j j- yy a t 0 C% :z (NOTICE TO AIRPORT:."_ PLEAS'R RETURN THIS FOR T(] APPLICANT.) .Contractor,_Lynn Koerner, 3126 South Ox Road, Edinburg, VA 22824 lynnk@shentel.net 540-335-0030 NOTICE TO APPLICANT It is your responsibility to coiuplete this form as accurately as possible in order to assist the acency with their review. Also, please attach two (2) copies of your application form; location nlap, proffer statement, impact analysis, and all other pertinent information. 0 WiNCHESTER REGIONAL AIRPORT Top crA I July Global Tower Assets, LLC 750 Park al Commerce Blvd, Suite 300 Boca Raton, Florida 33407 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-5786 Re: Conditional Use Permit Comment G obal TtrNer, I_LG 25(1" Tower 200 Brill Road - Star Tannery, Virginia - VA51?5 Back Creek Magislerial [)estrKl FAA Aeronautical Study No. 2010-AEA.-2825-OE Dear Sirltfadam: On behalf of the W nchester Regional Airport Authority, tlx- fallowing comments are provided on the rdererwod conditional user permi application: 1. Due to this elevatlon of the site at 1025 the proposed structure height of 250' the proposed tower penetrates the Horizontal Surface Elevation of 876' of the Part 77 surfaces of the airpert Appli,anl has fil.-A the requ red 1460-1 with the Fedr�ral Aviatian Administration for review and approval. A copy of the FAA determination on Aeronautical Study No. 2013-AEA-2825-0E is attached for reference to Ihis comment letter. In accordance with FAA Acrouautir knl Study No. 2010-AEA-2825-OE, the proposed tower is being required to be marked andlor lighted in accordance -Mth -AA Advisory circular 7C!7460-1 K Change 2, Obstructim- Marking arut Liqhfinq. a med-dual systern — Chapters 4 8MI-Dual) and 12. In addition the FAA is requiring filing of Form 746D-2, Notice of Actual Construction or Alteration, be completed and returned to thcir office any time the project is abandoned or within five i5) days after the construction reaches its greallemM h. iighl 1460-2. Fart II). Any temporary construction equipment exceeding the overall height of the structure including all appurtenances will require filing of a separate 7760-1 form with the FAA before construction begins for revieye and aooroval. The form and zddilional infcanation con tW Iouno online at the FAA's websito hNps:l!ae �aa.f^za; v_loena_.!-xinrnal!portat.jsn .wth fihrq instructions. P. During the ronsuuclion phase. all cranes will be required to have an aviation obstruction flag and an obstruction light visible dur ng darligl-I operations and must be lowered at night unless lit in accordance will, FAA nuiduldnes. Intended hours and dates of operation should be coordinated with David Foley, Operations Supervisor Winchester negional Airport Authority no less than forty-eight hours prior to start so that a Notice to Airmen can be issued. On behalf of the Winchester Reywial A+rpolt Authority, we are requesting that the tower be marked with fighting in accordance with all FAA regulations and gu defires and that the FAA comments provided in Ine referenced aeronautical study be complied with at all tines as a condition of approval for this condrliona', use permit. It you have any questions or need additional information. please do net hesitate ccr►tacting my office. Sincerely, Serena R. Marrttel Executive Director �0MM&NRederal Communications Commission c�z Washington, DC 20554 ��1^1V �, s �flflfl Informational Notice of Section 106 Filings Eric Lawrence, Director County of Frederick Department of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 The following new Section 106 filing has been submitted: FILE NUMBER: 0004377060 Purpose: New Tower Submission Packet Notification Date: 7AM EST 09/07/2010 Applicant: Global Tower, LLC Consultant: The Ottery Group, Inc. Site Name: I-81 - Middletown Site Address: 200 Brill Road Site Coordinates: 39-05-46.0 N, 078-26-58.8 W City: Star Tannery County: FREDERICK State: VA Lead SHPO/THPO: Virginia Department of Historic Resources Consultant Contact Information: Name: Beibei Su Title: Architectural Historian PO Box: Address: 3420 Morningwood Drive City: Olney State: MD Zip: 20832 Phone: (301) 562-1975 Fax: (301) 562-1976 Email: beibei.su@otterygroup.com Date: 09/08/2010 Reference Number: 662127 t Ali I SEP 1 3 2010 I PLAf 3E�cLG `""PJT NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose. Appropriate action will be taken with respect to any misuse of the system. Page 1 of 1 FCC 813 September 2008 �oMM Federal Communications Commission dwF�` z'. Washington, DC 20554 �,IILL3 iN� ¢dv• ISM "'h1 Mniiss� �� Informational Notice of Section 106 Filings Date: 09/08/2010 Reference Number: 662128 June Wilmot, Chairman Planning Commission County of Frederick Department of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 The following new Section 106 filing has been submitted: FILE NUMBER: 0004377060 Purpose: New Tower Submission Packet Notification Date: 7AM EST 09/07/2010 Applicant: Global Tower, LLC Consultant: The Ottery Group, Inc. Site Name: I-81 - Middletown Site Address: 200 Brill Road Site Coordinates: 39-05-46.0 N, 078-26-58.8 W City: Star Tannery County: FREDERICK State: VA Lead SHPO/THPO: Virginia Department of Historic Resources Consultant Contact Information: Name: Beibei Su Title: Architectural Historian PO Box: Address: 3420 Morningwood Drive City: Olney State: MD Zip: 20832 Phone: (301) 562-1975 Fax: (301) 562-1976 Email: beibei.su@otterygroup.com NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose. Appropriate action will be taken with respect to any misuse of the system. Page 1 of 1 FCC 813 September 2008 q Federal Communications Commission r�PoMuN Washington, DC 20554 Y,71�h� f7 V e Iss�`' Informational Notice of Section 106 Filings Date: 09/08/2010 Reference Number: 662129 Rhoda Kriz, Chairman Historic Resources Advisory Board County of Frederick Department Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 The following new Section 106 filing has been submitted: FILE NUMBER: 0004377060 Purpose: New Tower Submission Packet Notification Date: 7AM EST 09/07/2010 Applicant: Global Tower, LLC Consultant: The Ottery Group, Inc. Site Name: I-81 - Middletown Site Address: 200 Brill Road Site Coordinates: 39-05-46.0 N, 078-26-58.8 W City: Star Tannery County: FREDERICK State: VA Lead SHPO/THPO: Virginia Department of Historic Resources Consultant Contact Information: Name: Beibei Su Title: Architectural Historian PO Box: Address: 3420 Morningwood Drive City: Olney State: MD Zip: 20832 Phone: (301) 562-1975 Fax: (301) 562-1976 Email: beibei.su@otterygroup.com NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose. Appropriate action will be taken with respect to any misuse of the system. Page 1 of 1 FCC 813 . September 2008 T A X R E C E I P T - Y E A R 2 0 1 0 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2010 REAL ESTATE TAXES 10.01 ACRES 69 A Acres: Land: 52200 Imp MARTIN ROBERT B & REGINA A 19 W FAIRFAX ST BERRYVILLE VA 22611 1164 Ticket #:00246070001 @@ Date 6/07/2010 Register: LBX/RE Trans. #: 97945 Dept # RE201001 ACCT# 40038 Previous 7F Balance $ 133.11 10.01 Principal Being Paid $ 133.11 0 Penalty $ .00 Interest $ .00 Amount Paid $ 133.11 *Balance Due as of 6/07/2010$ .00 Check 133.11 # BOC 7513 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) FREDERICK COUNTY TREASURER 107 NORTH KENT STREET SUITE 100 For Tax Information & Online Payments WWW.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. Mailine 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 Parcel 10 Number ',`) .A 7F TAXNL4P 69 INSERT SECTION SLI BLOT F Record ID Nurulrer 4)040033 Owner's Name \ t.ARTIN Rr )BERT B St REUIN_A _A On-tier's '.Name C'onthmued Physical House Number tf!ysical Street Name Acreage '10 01 O nner'c .address 19 \\ F.aIR AX 87' Owner's .address Continued \ BERRY \: ILLE VA Zip C'we 22611 Zor►in� RA Total Improvements Total Laud \'atue 52200 Total Property VAlue 52200 Deed Boot: Number Deed Book Page Nwmber ImImment Year 2004 Luhvmrnt Number 15763 Building Sq. let. Month Last Sohl S Date Last Sold 9 Year Last Sold 2004 tielling Price 110000 Legal Description 10.01 _ACRES http://gis.co.frederick.va.us/Freeance/Client/PublicAccessI/PrintFmme.btml 4/23/2010 as I iw GIGNriI IQIYfI I'RfI'kf< Global Tower Partners Timothy L. Dennis 38974 Old Stage Place Waterford, VA 20197 c.� 703.778.8400 M: 301.651.8400 tim@invisibletowers.com August 5, 2010 Mr. Mark R. Cheran Zoning and Subdivision Administrator 107 North Kent Street -Second Floor Winchester, VA 22601 Re: Conditional Use Permit Application for Global Tower Assets, LLC — Site VA5133 — I-81 - Middletown Tax Parcel 69-((A))-7F - Adjacent to Wardensville Pike Owner: Robert and Regina Martin Contract Owner: Global Tower Assets, LLC Dear Mr. Cheran: Global Tower Assets is committed to collocation to avoid the unnecessary proliferation of towers in the area. it is the ongoing policy and objective of Global Tower Assets. LLC to lease its telecommunications facilities to other wireless services providers for collocation. This tower will be engineered to accommodate additional service providers and constructed to meet the standards of the International Building Code. Please contact me at (703) 778-8400 in the event you should have any questions or require additional information. Sincerely yo Timothy L. Dennis Director, Site Development .. CGIOG/Ji/IOWiY PdifnCIT G7P Global Tower Partners Timothy L. Dennis 38974 Old Stage Place Waterford, VA 20197 703.778.8400 301.651.8400 tim@invisibletowers.com August 5, 2010 Mr. Mark R. Cheran Zoning and Subdivision Administrator 107 North Kent Street -Second Floor Winchester, VA 22601 Re: Conditional Use Permit Application for Global Tower Assets, LLC — Site VA5133 — I-81 - Middletown Tax Parcel 69-((A))-7F - Adjacent to Wardensville Pike Owner: Robert and Regina Martin Contract Owner: Global Tower Assets, LLC Dear Mr. Cheran: Please accept this letter as written confirmation that, upon approval by Frederick County for the construction of a proposed self support telecommunications structure located on the property owned by Robert and Regina Martin, and under contract to Global Tower Assets LLC, with a designation of Tax Map 69-((A))-7F, in the event Global Tower Assets LLC facilities located thereon become non- operational for a continuous period of twelve (12) months, Global Tower Assets LLC will comply with Section 165-204.19B.(7), that states as follows: "Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed within the ninety -day period, the county will remove the facility and a lien may be placed to recover the expenses." r 0 • Conditional Use Permit Page 2 August 5, 2010 This letter shall also serve as certification pursuant to Section 165-204.19A.(3) that Global Tower Assets LLC, at all of its telecommunications facilities, complies, and will continue to comply with all FAA and FCC regulations, including established ANSVIEE standards for electromagnetic field levels and radio frequency radiation emissions. Please contact me at (703) 778-8400 in the event you should have any questions or require additional information. Sincerely ours Timothy L. Dennis Director, Site Development Lynn Koerner— 540-33j-0030 Site Acqui sihon and Protect Development Contractor for Global Tower Assets August 5, 201-0 Frederick County Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Letter of Justification - Conditional Use Permit Application for Global Tower Assets, LLC — Site VA5133 — 1-81 - Middletown Tax Parcel 69-((A))-7F - Adjacent to Wardensville Pike Owner: Robert and Regina Martin Contract Owner: Global Tower Assets, LLC Dear Mr. Cheran: Global Tower Assets, LLC is proposing to build a 250 foot self support/lattice tower structure on the property located at 200 Brill Road, Star Tannery. The proposed tower is designed to provide coverage in the area along Highway 55 as -well as to the surrounding roads and residences. Please find attached the following documents for this application: 1. A check in the amount of $1000.00 to cover the application fee. As well as a check in the amount of $50.00 (refundable fee) for the sign as required for the public hearings. 2. The Conditional Use Permit Application with comment sheets from the departments designated at our pre -application meeting. CUP Application VA5R3 Page 2 August 5, 2010 3. A Letter of Justification with attachments providing information of surrounding sites and information justifying the location of the proposed site. 4. Visual Impact Study conducted July 28, 2010 5. 20 copies of the sealed zoning drawings 6. Copy of the tax card and a statement verifying the taxes have been paid. 7. Letter confirming compliance with Sections 165-204.19B(7) and 165-204.19A(3) dated July 29, 2010 8. Letter of Intent from Global Tower committing to allow other parties to share space on the tower dated July 29, 2010 9. Affidavit from Mr. Martin, the current land owner concerning removal of the telecommunications facility as stated in section 165-204.19B(7). 10. Copy of a letter sent to the adjoining property owners and Mr. Crosen, Mr. Unger and Mr. Lofton. 11. Letter attesting to Frederick County that Shentel is diligently working on completing a leasing agreement with Global Tower at the proposed site. 12. Redacted copy of the Option Agreement between the Martins and Global Tower Global Tower Assets, LLC requests your favorable review and positive recommendation to the Planning Commission and Board of Supervisors. Please contact me should you have questions or require additional information. Sincerely yours, Lynn oerner Site Acquisition and Project Development Contractor for Global Tower GRV�70P clobdt rop wr Pwncrs Global Tower Partners Timothy L. Dennis 38974 Old Stage Place Waterford, VA 20197 0: 703,778.8400 M: 301.651.8400 tim@invisibletowers.com August 2, 2010 TO: Adjoining Property Owners — Brill Road, Star Tannery RE: Conditional Use Permit Application — Global Tower Partners proposed Telecommunications Tower Facility — near Highway 55 and Brill Road Global Tower Partners (GTP) is in the process of working with wireless phone carriers to expand and improve coverage's in and around the Star Tannery area. This process is in response to numerous complaints about poor wireless service in the area. For clear contiguous coverage, the networks require a series of wireless antenna sites and a tower is necessary along Highway 55 to provide the necessary antenna platform. Global Tower Partners is proposing to construct a new telecommunications facility on the property currently owned by Robert and Regina Martin and located at the intersection of Brill Road and Highway 55. In order to place the site on the parcel with the minimal impact on surrounding properties, GTP has entered into an agreement with the Martin's to purchase the entire parcel. We are proposing placing the tower near the center of the parcel and will only be cutting the minimal amount of trees within our proposed 100' X 100' compound/equipment area. To make the site even less visual, we are proposing to construct a eight (8) foot wood fence to the south side of the compound area and install black vinyl chain link fence on the remaining 3 sides. On Wednesday, July 28`h, we flew a balloon at 250 feet to identify the tower height and drove the roads and driveways to determine if the balloon was visible. Due to the heavy tree canopy as well as the location of the site on the parcel, very limited view or no view at all was noted from the adjoining properties. When driving the area roads, the balloon was only visible from two locations approximately one-half mile east of Brill Road along Highway 55 and along the access road to the quarry on the Brill property to the south. E Conditional Use Permit Application Page 2 August 2, 2010 GTP is the largest privately -owned tower operator in the U.S. and the fourth largest independent operator in the U.S. Our customers are successful leaders in their industry. They sign multi -year lease agreements to use our sites. Our customers are all of the large telecommunications carriers including: AT&T, Shentel(Sprint), T-Mobile, US Cellular and Verizon to name a few. Relationships are important to GTP. As your future neighbor we want to answer any questions and address any concerns you may have concerning the project. We are currently making plans to fly a balloon, weather and wind permitting, on Aug 14`h at 7:00 am. An alternate date would be Aug 21S`. We will try to keep the balloon in the air until at least 9:00 unless wind conditions warrant otherwise. The balloon will be flown at the proposed facility allowing you to observe the tower height, and view any effect that the tower may have in the area. Global Tower's representative, Mr. Lynn Koerner, is our development manager for this project. He can be contacted at 540-335-0030 or via email at LynnK@slientel.net. He would be happy to answer any questions and/or meet with you to discuss the project. I am also available at (703) 778-8400 or via email at TDennis@ gtpsites.com. I would ask that you contact one of use either via email or phone and provide us with a current phone number or email address so that we can keep you informed and updated on changes to the schedule. Sincerely yours, Timothy Dennis Director — Site Development AFFIDAVIT The undersigned, Robert B. Martin, does hereby acknowledge that in the event Global Tower Assets erects a commercial telecommunications facility on real estate owned by Robert B. and Regina A. Martin, and the facility is unused or not operated for a continuous period of twelve (12) months, it shall be considered abandoned pursuant to the Zoning Ordinance of Frederick County, Virginia, specifically Subsection 165-204.19.B(7), and should Global Tower Assets refuse or be unable to remove the tower from the real estate within ninety (90) days of receipt of notice from the Frederick County Department of Planning and Zoning, Robert B. and Regina A. Martin may be held responsible for the removal of the same pursuant to Subsection 165-204.19A.(4). This Affidavit is given in accordance with Subsection 165-204.19A.(4) of the Zoning Ordinance of Frederick County, Virginia. Given under my hand on this day f J y, 2010 By: (SEAL) Robert B. Martin STATE OF VIRGINIA AT LARGE: Subscribed, sworn to and acknowledged before me in��County, Virginia, by Robert B. Martin, on behalf of Robert B. and Regina A. Martin, husband and wife, on this )?hk``day of July, 2010. My conunission expires: aa� Notary Pu is (SEAL) • •eoso oc r i} �+ � �; � l � i; ! l J t t ( t P.O::Box 459 o Edinburg, Vlrginia.212824-0459. o ,(540) 984-4141 August 4, 2010 Mr. Mark R. Cheran Frederick County Zoning and Subdivision Administrator 107 North Kent Street —Second Floor Winchester, VA 22501 Re; Shentel Collocation at GTP Proposed 250` Communications Tower, Brill Rd in Star Tannery Dear Mr. Cheran, This letter is intended to communicate to Frederick County that Shenandoah Personal Communications Company (Shentel), operating under FCC license as Sprint, is currently pursuing a wireless communications collocation opportunity at the telecommunications tower proposed to be constructed by Global Tower Partners (GTP) an the Martin property off of Brill Road near Star Tannery. Should the proposed GTP tower site be approved by Frederick County, Shentel would be able to utilize this facility to improve its existing Sprint branded wireless network in that area. Accordingly, Shentel would like to record its support for the application by GTP for zoning_ approval of the proposed tower site. Placement of modern wireless infrastructure in this location will aid significantly in improving wireless coverage along Highway 55 in an area that has traditionally been under -served by wireless service providers. Improved access to wireless telecommunications in this part of Frederick County will contribute to the health, safety and welfare of the community at large. incerely, . L( 4'� Michael Knotwell Site Development LOCAL AND LONG DISTANCE TELSPHO14E • INTERNET AND DATA SERVICES • CABLE TELEVISION WIRELESS VOICE AND DATA SERVICES • ALARM MONITORING . TELECOMMUNICATIONS EQUIPMENT WE MUST SERVE WELL TO PROSPER • WE MUST PROSPER TO SERVE WELL Federal AviationWinistration k Air Traffic Airspace Branch, ASW-520 o� ?h(11 Moarham R1�rd t>� Fort Worth, TX 76137-0520 Issued Date: 07/29/2010 Leslie Nixon Global Tower, LLC 750 Park of Commerce Blvd Ste. 300 Boca Raton, FL 33487 Aeronautical Study No, 2010-AEA-2825-OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna Tower VA-5133 - I-81 Middletown Location: Star Tannery, VA Latitude: 39-05-45.98N NAD 83 Longitude: 78-26-58.85 W Heights: 260 feet above ground level (AGL) 1503 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, a med-dual system - Chapters 4,8(M-Dual),& 12. It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) X Within 5 days after the construction reaches its greatest height (7460-2, Part I1) This determination expires on 01/29/2012 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO Pagel of 3 SIGNIFICANT AERONAUAL CHANGES HAVE OCCURRED. YjR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTEMION OF THE EFFECTIVE PERIOD. This determination is based, in part. on the foregoing description which includes specific coordinates , heights. frequency(ies) and power . Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future constructionor. alteration. , including increase to heights,- power-,- or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks.- etc.;. which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which hasa- height greater thanthe studied structure requiresseparate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of fiirther assistance, please contact our office at (817) 838-1999, On any fiuture correspondence concerning this matter, please refer to Aeronautical Study Number 2010-AEA-2825-OE. Signature Control No:128270040-128764326 Debbie Cardenas Technician Attachment(s) Frequency Data cc:. FCC Page 2 of 3 (DNE) F t Orrpauenev Data for A SN 2010-AEA-2 va OE LOW FREQUENCY 806 824 851 869 896 901 930 931 932 935 940 1850 1930 2305 2345 HIGH FREQUENCY 824 849 866 894 901 902 931 932 932.5 940 941 1910 1990 2310 2360 FREQUENCY UNIT ERP ERP UNIT MHz 500 W MHz 500 W MHz 500 W MHz 500 W MHz 500 W MHz 7 W MHz 3500 W MHz 3500 W MHz 17 dBW MHz 1000 W MHz 3500 W MHz 1640 W MHz 1640 W MHz 2000 W MHz 2000 W Page 3 of 3 0 0 Linn Koerner— 540-335-0030 Site.-lcquisition arnl ProjectDovelopment Contractor for Global Tower July 28, 2010 Frederick County Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Visual Impact Study — Global Tower Partners - Site VA5133 Dear Mr. Cheran: A visual impact study was conducted on July 28, 2010 in order to provide pictures and simulations of the view of the proposed telecommunications structure at the proposed site near the intersection of Highway 55, Wardensville Pike and Brill Road. To accomplish this study, a red balloon was inflated with helium to an approximate size of 40 inches and tethered at a height of 250 feet. The surrounding roads were traveled and photos taken from various locations where the balloon was visible. Then using a photo editing program, a self- support/lattice structure picture was inserted into the photo, to simulate the view from that location. A map is attached to show the locations from which each photo was taken. Due to the existing dense tree canopy in the area, no view of the structure was identified along Brill Road to the south of the site. The location of Picture #1 is along the access road into the quarry located on the Brill property. No view was identified from along Pifer Road or from the intersection of Pifer Road and Highway 55. Picture #2 was taken traveling West on Highway 55. I will note that in addition to Picture #2, the balloon was also visible a little further west along Highway 55. No photos were taken due to the area being on a curve and hill and no safe place pull off the road or to obtain photos. 0 • Visual Impact Study — Global Tower Partners - Site VA5133 July 28, 2010 Page 2: No view was identified from along Brushy Ridge Road or properties in the subdivision due to the mature tree canopy. Also, no view was identified from anywhere along Highway 55 when traveling east from Trails End Drive. Notes: 1. No posted properties were accessed during this study. 2. The balloon was flown at 250 feet. 3. The attached simulation pictures were prepared to give a representation only of the proposed structure with a carrier at 250 feet. The view of the actual structure when constructed may vary slightly. 4. The location of the balloon was not identified from the residential structures on the adjoining properties Should you have any questions, please contact me at 540-335-0030 or lynnk@shentel.net Sincerely yours; Qyy n Ireoe Site Acquisition and Project Development Contractor for Global Tower • Global Tower - VA5133• -- -- - - - -- ' CREAT MOIINTAN LN i JOU;WEY3 ft LN A 9T5 s� No View 19 CROcusTRL g£TATRL ABEUA-RL SR 608 �All 33 -Si�m�i�tion s3� X C Simulation 31 "Pt Street Atlas USA:R: 2005 Slmulatlon s2 SR 600 -'R ap3 Gravel Springs Na Vl— Data use subject to license. n 2004 DeLorme. Street Atlas USA,P 2005. 0 600 1200 1800 2400 3000 www.delorme.com MN (9.9° W) Data Zoom 13-3 Map indicating locations from which photographs were taken • Picture #1 Balloon - 250 foot - Photo along access road to Quarry on Brill Property - no view from Brill Road Simulation #1 Simulation - 250 feet Picture #2 Balloon - 250 foot - Photo along Highway 55 - Wardensville Pike a"'' . �i� ''.. Est. ' -t - .h .. �` '� �� 'i Jf �_. .. - �y� { .- � ' _� f A , � �� . is � _� iM: '. I � - XA'.:h� T� - ''ice-. � ..��_ .. .. _ ,. �� �4� .. ... • � .�. �" bo ,/� A � ,, . .. - t . t 1. t '9 +�A+i �T _� f. ' _ ` k � � a��+��„ cif . 'r. �'� y _ > ` � - + � � � i ` � a��kr ,� �, n Parccl I County Boundary v Towns Address Buildings Streets 2005 Aerial zs 22 Photography 12 � t L.� li o0o ft Fr d I ilk Coun Inormatio Technologies, Frederick County does not give any expressed or implied warranties, ll�yy lVI 1QQj(l1 ' 1rg inia United States. conditions, representations, indemnities of any kind, statutory or 4U 65 b I d g otherwise, concerning any or all of the Frederick County GIS data. E OPTION TO PURCHASE AND CONTRACT OF SALE This Option to Purchase and Contract of Sale (this "Contract") is between Robert B. Martin and Regina A. Martin ("Seller") and GLOBAL TOWER ASSETS, LLC, a Delaware limited liability company ("Buyer") is entered into this 18t' day of June, 2010 ("Effective Date"). BACKGROUND WHEREAS, Seller is the owner of an approximate 10.010 acre tract of land (the "Property") located in the City of Star Tannery, Frederick County, Virginia, more particularly described on Exhibit A attached hereto and made a part hereof. WHEREAS, Buyer desires upon the terms and conditions as set forth herein to procure an option to purchase the Property and all related rights and appurtenances, including, without limitation, Seller's interest in adjacent streets, alleys, rights -of -way, strips, gores, access, utility and other easements benefiting the Property, and any improvements located on the Property (the Property shall include all related rights, appurtenances, easements and improvements to the Property). NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Buyer hereby agree as follows: AGREEMENT Grant of Option. For and in consideration for the sum of JIMM"Option Fee") payable to Seller as set forth herein, Seller does hereby grant to Buyer the exclusive right and Option ("Option") to purchase the Property upon the terms and conditions as set forth herein. The period of time during which Buyer may exercise this Option shall be that period of time commencing on the Effective Date of this Contract and ending on June 10, 2012 ("Option Term"). From the commencement of the Option Term until the Closing or earlier termination of this Contract, Seller shall maintain the Property in at least the same condition and repair and make no additional improvements without Buyers prior written consent. 2. Exercise of Option. Buyer may exercise its exclusive right to purchase the Property pursuant to the Option, at any time during the Option Term, by giving written notice thereof to Seller. The date on which Buyer sends said notice shall be the "Option Exercise Date". In the event the Buyer does not exercise its exclusive right to purchase the Property granted by the Option during the Option Term, Seller shall be entitled to retain the Option Fee, and this Contract shall become absolutely null and void and neither party hereto shall have any other liability, obligation or duty herein under or pursuant to this Contract. If the Option is exercised, then the Purchase Price set forth in Paragraph 5 shall be paid in full without set off of credit for the option fee paid hereunder. Page 1 0 • 3. Buyer's Testing: At any time during the Option Term , Buyer and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Buyer's sole discretion for its use of the Property as a telecommunications facility and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Buyer, are necessary in Buyer's sole discretion to determine the physical condition of the Property, the environmental history of the Property,Seller's title to the Property and the feasibility or suitability of the Property for BL%es uil, all at Buyer's expense. Buyer will not be liable to Seller or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Buyer's inspection. Buyer will restore the Property to its condition as it existed at the commencement of the Testing Period (as defined below), reasonable wear and tear and casualty not caused by Buyer excepted. In addition, Buyer shall indemnify, defend and hold Seller harmless from and against any and all injury, loss, damage or claims arising directly out of Buyer's Tests. 4. Seller's Cooperation: At all times during the Option Term and as reasonably necessary thereafter, Seller shall cooperate with Buyer in any effort by Buyer to obtain certificates, permits, licenses and other approvals that may be required by any governmental authorities. Seller agrees to execute any necessary applications, consents or other documents as may be reasonably necessary for Buyer to apply for and obtain the proper zoning approvals required to use and maintain the Property, including as a communications facility. Upon Buyer exercising the Option, Seller shall convey, sell, and transfer the Property to Buyer and Buyer shall purchase the Property from Seller upon the following terms: Page 2 • • 5. Purchase Price The . u price of the Property (the "Purchase Price") is AND ZERO CENTS ayable inWimmately available fades funds at Closing (as defined in Paragrap 6. Title Insurance: Buyer shall cause a title insurance company, of its choice, to agree to issue to Buyer as soon as practicable after Closing, an ALTA standard form of Owner Policy of Title Insurance for the Property (the "Owner Policy'). Additionally, Buyer shall fumish or cause to be furnished within twenty (20) days after the Option Exercise Date, a title insurance commitment covering the Property issued by the Title Company (the "Commitment'), together with copies of all documents referenced as title exceptions in the Commitment. a. Buyer has 15 days after its receipt of the title insurance commitment (the Commitment), the copies of each title exception, and the Survey to object to any exception, condition, title defect, or matter unacceptable to Buyer in the Commitment, any title exception document or on the Survey by giving notice to Seller. b. Title: (i) Buyer shall be entitled to received good and marketable fee simple title to the Property subject, however, to the recorded easements, agreements and restrictions applicable thereto which do not render title to the Property unmarketable or in Buyer's reasonable opinion unreasonably inferior with Buyer's intended use of the Property for a transmitting facility, and free of all liens and other monetary encumbrances except as the Buyer may waive as provided below, insurable as such by a reputable title insurance company authorized to do business in the Commonwealth of Virginia at its regularly scheduled rates. (b) Buyer shall, during the Option Period, cause an examination of the title to the Property to be made. Within the Option Period, Buyer shall advise Seller, in writing, of those exceptions to title revealed by either the title insurance commitment or the title examination which are unacceptable to Buyer (the "Title Exceptions"). Within five (5) business days after receiving written notification of any title exceptions, Seller shall inform Buyer as to what cure or cause the cure of such title exceptions. Any failure to respond shall be deemed an election by the Seller not to remove or cause the removal of such title exceptions. In the event that Seller elects pursuant to the provisions hereof to remove or cause the removal of such title exceptions, the Option Period shall be extended until such time as the title exception is cured but in no event longer than sixty (60) days and the Settlement Date shall, if required, be extended for such time as may be necessary to effect cure (but in no event longer than sixty (60) days, unless the parties shall mutually agree otherwise in writing). (ii) In the event that Seller declines or is deemed to decline to cure or cause a cure of title exceptions, Buyer shall have the option to (a) terminate the agreement by giving notice of its intention to terminate within ten (10) days following receipt of Seller's notice, in which event this Option Agreement shall terminate and neither party shall have any further liability or obligation hereunder Page 3 0 excepting Buyer's Indemnity Agreement to restore the Property under Paragraph below; or (b) Buyer may give written notice that Buyer shall accept title as shown by the title examination or title insurance coffiM tment and proceed to settlement hereunder, in which event all previous title exceptions shall be deemed "Permitted Exceptions." Notwithstanding the foregoing, if at Settlement, exceptions to title other than Permitted Exceptions exist and such other exceptions consist of, but not limited to, deeds of trust, mortgages, mechanic liens (relating solely to Seller's use of or activities upon the Property, but not relating to Buyer's activities upon the Property for which activities Seller shall bear no responsibility or liability whatsoever), or delinquent tax liens, Seller shall pay and discharge such defects (or in the case of mechanic liens relating solely to Seller's use or activities upon the Property or tax liens, bond off such liens) at or prior to Settlement and Seller authorizes the use of its funds at Settlement to pay and discharge such defects." C. The exceptions to title listed in Schedule B of the Title Commitment that are either accepted or waived by Buyer are the Permitted Exceptions. No item listed in Schedule C of the Title Commitment to be satisfied at or prior to Closing shall be a Permitted Exception. Items one through five and only the right of way identified in six on the attached Exhibit B provided by Seller ("Initial Permitted Exception"), are the initial permitted exceptions and may be updated accordingly as Buyer performs its due diligence. 7. Survey Seiler, at Seller's expense, shall furnish to Buyer and the Closing Agent within 15 days after the Option Exercise Date five (5) copies of a current survey of the Land (the Survey) certified to Seller, Buyer, and Closing Agent, by a surveyor licensed in the state where the Land is located and selected by Seller showing: a. a correct legal description of the Property; b. the area, boundaries, and dimensions of the Land; C. any encroachments or protrusions; d. the location of all easements and building restrictions affecting the Land and identified by recording data; e. the location and dimensions of any above -ground improvements on the Land; and f. a certification by the surveyor and a display on the survey as to any area of the Land in the 100-year flood plain. 8. Prorations and Closing Costs a. Seller shall pay for any costs necessary to convey clear title to the Property as set forth in paragraph 6, any sales or broker's fees which might be due or Page 4 claimed on account of this sale incurred by Seller, if any, incurred by Seller in connection with the performance of its obligations under this Contract. All special assessments which are or become a lien on the property on or before the closing date shall be paid by Seller. b. Ad valorem taxes against the Property will be prorated at Closing as of the Closing Date based on the tax bills for the year of Closing and calculated on the full assessed value of the Property. Buyer at Closing will receive a credit against the Purchase Price in an amount equal to the portion of the taxes on the Property from the beginning of the current year to the Closing Date. If Closing occurs before the current year's tax bills are available, the proration will be based on the latest tax rate applied to the latest full assessed valuation; then, after the taxes for the current year are finally assessed, upon written demand, Buyer shall refund to Seller any amount overpaid by Seller or Seller shall pay to Buyer the amount of any deficiency in the proration. Buyer shall pay all taxes and assessments against the Property before they become delinquent. C. The term "ad valorem taxes" as used in this Paragraph includes general assessments - including, without limitation, regular annual assessments payable to any property owners association, rollback or deferred taxes that are payable because of change in ownership or land use or any special assessments or assessments for street widening, repair, or improvement (even if such amounts are not then due). d. Buyer shall pay the basic premium for the Owner Policy, any premiums related to any endorsements or modifications to the Owner Policy requested by Buyer, the cost of recording the Deed and any other conveyance documents that Buyer may choose to record, any and all transfer fees and sales, intangibles, conveyance and documentary stamps taxes (or equivalents) related to the Closing, and the costs, if any, incurred by Buyer in connection with the performance of its obligations under this Contract. e. All other expenses incurred by Seller or Buyer with respect to the Closing, including, but not limited to, legal fees of Buyer and Seller (except as provided in Paragraph 20), will be borne and paid exclusively by the party incurring same, without reimbursement, except to the extent otherwise specified in this Contract 9. Intentionally Omitted. 10. Closing a. After all necessary documents are prepared and approved for closing, the Buyer and Seller have ten (10) days to mutually agree upon a specific closing date. Said closing shall take place via federal express. b. At the Closing: L Seller must deliver to Buyer: Page 5 (A) A special warranty deed conveying the Property to Buyer and containing no exceptions or conditions except the Permitted Exceptions (excluding the standard printed exceptions in the Owner Policy); (B) Intentionally Omitted (C) a certificate that Seller's representations and warranties continue to be true and correct as of the Closing Date; and (D) any other documents deemed necessary by Buyer or Buyer's counsel. ii. Within 7 days of the full execution of all required closing documents (and Buyer's receipt of same), Buyer shall tender the Purchase Price via check or wire transfer. 11. Buyer's. Remedies If Seller breaches any representation or warranty under this Contract or does not perform its obligations under this Contract, Buyer may, at its option, either: a. enforce specific performance; or b. terminate this Contract. 12. Seller's Remedy If Buyer does not perform its obligations under this Contract for any reason except the termination of this Contract pursuant to an applicable provision of this Contract, Seller's exclusive remedy, waiving all other remedies, is to terminate this Contract. 13. Commissions a. Each party warrants to the other party that it has not dealt with any real estate broker or salesman in the negotiation of this Contract and no commissions are due to any broker. b. Each party shall indemnify, defend and hold harmless the other party from any other real estate commissions due by virtue of the execution or Closing of this Contract, the obligation or asserted claim for which arises from actions taken or claimed to be taken by the indemnifying party. 14. Seller's Representations and Warranties Seller represents and warrants to Buyer as follows: a. Seller has good and indefeasible title to the Property subject only to the Permitted Exceptions. Page 6 b. There is no pending or, to the knowledge of Seller, threatened condemnation or similar proceeding or special assessment (inclusive of assessments for street widening, repair, or improvement), or change in zoning affecting the Property. C. Seller has received no written notice concerning the Property from any governmental authority stating that the Property violates any federal, state, county, or city statute, ordinance, code, rule, or regulation. d. The execution and delivery of, and Seller's performance under, this Contract are within Seller's powers and have been duly authorized by all requisite actions. EXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRAPH 94 AND THE WARRANTIES OF TITLE IN THE CLOSING DOCUMENTS, SELLER IS CONVEYING THE PROPERTY TO BUYER ON AN "AS IS, WHERE IS AND WITH ALL FAULTS" BASIS AND SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION, COMPLIANCE WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY GOVERNMENTAL AUTHORITY OR OTHER BODY, ZONING, AVAILABILITY OF ANY UTILITIES, POTENTIAL FOR FURTHER DEVELOPMENT, THE EXISTENCE OF VESTED LAND USE, ZONING, OR BUILDING ENTITLEMENTS, VALUATION, ACCURACY, COMPLETENESS OR OTHER ASPECTS. ALL INFORMATION (INCLUDING BUT NOT LIMITED TO THE REPORTS, PERMITS, PLANS AND INFORMATION DELIVERED OR MADE AVAILABLE PURSUANT TO THIS CONTRACT) DELIVERED TO BUYER BY SELLER IS SUBJECT TO BUYER'S VERIFICATION AND, REGARDLESS OF BUYER'S FAILURE TO SO VERIFY SUCH INFORMATION, BUYER WILL NOT HOLD SELLER LIABLE FOR OR MAKE ANY CLAIMS AGAINST SELLER OR ANY SELLER AFFILIATE WITH RESPECT TO OR RELATING TO ANY SUCH INFORMATION EXCEPT TO THE EXTENT ANY REPRESENTATION OR WARRANTY IS MADE BY SELLER TO BUYER CONCERNING SUCH INFORMATION IN THIS PARAGRAPH 14 OR IN THE CLOSING DOCUMENTS. BUYER SHALL PERFORM ALL INVESTIGATIONS OF THE PROPERTY IT DEEMS NECESSARY DURING THE INSPECTION PERIOD AND WILL RELY SOLELY ON ITS OWN INVESTIGATIONS. The provisions of this subparagraph survive the Closing or. any earlier termination of this Contract. 15. Seller's Covenants Seller shall, at Seller's sole cost and expense: a. Promptly advise Buyer in writing of any litigation or hearing or notice received or any material changes of facts that cause any of Seller's representations or warranties to be inaccurate in any respect. b. From the commencement of the Option Term until the Closing, maintain the Property in at least the same condition and repair. Page 7 16. Notices All notices, requests, approvals, and other communications required or permitted to be delivered under this Contract must be in writing and are effective: a. on the business day sent if sent by telecopier prior to 5:00 p.m., eastern standard time, and the sending telecopier generates a written confirmation of sending; b. upon receipt if delivered personally or by any method other than by telecopier transmission (with written confirmation), or by any method other than by mail; C. 1 business day after delivery to a nationally recognized, overnight courier service; or d. if orderly delivery of the mail is not then disrupted or threatened in which event some method of delivery other than the mail must be used, 3 days after being deposited in the United States mail, certified, return receipt requested, postage prepaid; in each instance addressed to Seller or Buyer, as the case may be, at the following addresses, or to any other address either party may designate by notice to the other party: Seller: LcJA AAA ` 1°1 lW Attention: Phone: ( -� Telecopy: (� With a copy to:- r Attention: go. L-fles Phone: Telecopy: (W l: 7 Buyer: Global Tower Assets, LLC 750 Park of Commerce Blvd., Suite 300 Boca Raton, FL 33487 Attention: Phone: (� _ Telecopy: Page 8 1 i. Performance Time is of the essence in the performance of the terms of this Contract. 18. Binding Effect This Contract is binding upon and inures to the benefit of the successors and assigns of the parties. 19. Entire Agreement This Contract embodies the complete agreement between the parties and may not be varied or terminated except by written agreement of the parties. 20. Legal Fees In the event of litigation, mediation or arbitration concerning the interpretation or enforcement of this Contract or any portion of this Contract, the prevailing party is entitled to recover from the losing party its reasonable legal fees, court costs, and expenses, whether at the trial or appellate level. The provisions of this Paragraph 20 shall survive the Closing or any earlier termination of this Contract. 21. Survival Any of the provisions of this Contract pertaining to a period of time following Closing survive Closing and the delivery of the deed to Buyer and are not merged therein. All indemnities under this Contract survive any termination and the Closing of this Contract. 22. Governing Law The laws of the Commonwealth of Virginia shall govern this Contract. 23. Headings Paragraph headings or captions are used in this Contract for convenience only and do not limit or otherwise affect the meaning of any provision hereof. 24. Counterparts and Facsimile Signatures This Contract may be executed in one or more counterparts. Each counterpart is an original and proof of this Contract may be made without more, than one counterpart. Facsimile signatures are binding on the party providing the facsimile signatures.. [SIGNATURE PAGES TO FOLLOW] Page 9 •► 0 EXECUTED by Seller on 2010. SFI I FP - By: Robert B. Martin 19 West Fairfax Street Berryville, VA 22611 By: �� •��7.v Regina A. Martin 19 West Fairfax Street Berryville, VA 22611 .! ! 1,0 -7 is , A Date: 1 wgz/ i l "( , L(//U EXECUTED by Buyer on ~_ ? e:;* _ , 2010. BUYER: J Shawn Ruben - Secretary Global Tower Assets, LLC 4 FW 750 Park of Commerce Blvd, Suite 300 Boca Raton, FL 33487 Pegfe iA EXHIBIT A - THE PROPERTY All of that certain tract or parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, containing 10.010 acres, and more particularly described on the plat of survey drawn by Cameron G. Copp, L.S., dated February 16, 2005, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 06-0012134 and by this reference made a part hereof as if set out in full; AND BEING a portion of the same property conveyed to Robert B. Martin and Regina A. Martin by Deed dated August 9, 2004 of record in the aforesaid Clerk's Office as Instrument No. 04-0015768. Tax Map No. 69 A-7F . EXHIBIT B 0 Initial Permitted Exceptions Provided by Seller 1. That certain Boundary Line Adjustment dated March 20, 1996, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 835 at Page 1287, which establishes the eastern boundary line of the subject property. 2. Right of Way Agreement dated January 29, 1991 to Potomac Edison Power Company for electric lines along Route 602, of record in the aforesaid Clerk's Office in Deed Book 758 at Page 1729, 3. Right of way dated September 10, 1991 to Shenandoah Telephone for telephone lines and cables along Route 603 of record in the aforesaid Clerk's Office in Deed Book 766 at Page 816. 4. That portion of the land lying within the boundaries of Route 603, a 30-foot-wide public right of way as shown on that Plat of Survey drawn by Cameron G. Copp, L.S., dated June 22, 2001, of record in the aforesaid Clerk's Office as Instrument No. 01-0010430. 5. Right of way 20-feet in width reserved in Deed from Raymond E. Brill, et ux, to Robert A. Martin, et ux, of record in the aforesaid Clerk's Office as Instrument No. 04-0015768. 6. That certain Deed of Lease dated November 28, 1987, by and between Raymond Brill, et ux, as Landlord and Gary Holderman for a term of 99 years with right of way included thereon; which Lease is for a 2-acre tract of land at the intersection of Virginia Route 603 and the "Old Road" of record in the aforesaid Clerk's Office in Deed Book 804 at Page 33. Global Tower, LLC SunTrust Bank 200 S, Orange Ave fT 750 Park of Commerce Blvd 4th FI Boca Raton, Florida 33487-3612 Orlando, FL 32801 t`..,, rxt. ne L43000 64-79/611 � � DATE AMOUNT Jul • 2010 $1,000.0 PayOne Thousand Dollars and 00 Cents VOID AFTER 180 DAYS I to the Order of: Fredrick County Treasurer ( VA) 107 North Kent Street_ Winchester, VA 22601 11' 243668lie 1:06 11007901: 100008 198987 211' SunTrust Bank Glubal Tower, LILL 200 S. Orange Ave r�� 750 Park of Commerce Blvd 4th Fl atBoca Raton, Florida 33487-3612 Orlando, FL 32801 243669 64-79/611 Comm Jul 20, 2010 $50.00 Pay •. , . » VOID AFTER 180 DAYS i VOID AFTER 180 DAYS to the order of: Fredrick County Treasurer ( VA) 107 North Kent Streetc"--�G' I Winchester, VA 22601 24366911. 1:06 1 1007901: 100008 L98987 211' 0 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 l _E C . [_ 1�J, g F P 2 0 2010 I CUR LT 1 Q (` a TOu�<- 69 - A- - 7-1 JACKSON DIANE A PO BOX 134 STAR TANNERY VA NT0 T 2250105000 "r 016H26508243 $ 00.440 IA R 09/08/2010 �{ Mailed From 22601 US POSTAGE 22654-0134 r4xx1E=—--- .212a---s 72 097-s RETURN TO TO SENDER NOT DEL.IVE=RADL.E AS ADDRESSED UNADL_E TO FORWARD OC: 22601500099 *1217--20599 00-41 li,Ill�ll�llllllll,lllllllllllllilllll„llllllllll,llillllilll COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 8, 2010 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #07-10 FOR GLOBAL TOWER ASSETS LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 22, 2010, 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 #07-10 for Global Tower Assets LLC, presented by Lynn Koerner, Contractor, for a 250 foot self support Telecommunications Tower. This property is located at the intersection of Brill Road (Route 603) and Highway 55, and is identified with Property Identification Number 69-A-7F in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. 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.frederickcountyya.gov. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000