CPPC 10-15-18 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
TO: Comprehensive Plans and Programs Committee (CPPC)
FROM: Candice E. Perkins, AICP, CZA, Assistant Director
RE: October 8, 2018 Meeting Date Changed to October 15, 2018
DATE: October 5, 2018
The Frederick County Comprehensive Plans and Programs Committee (CPPC) will be meeting on
Monday, October 15, 2018 at 7:00 p.m. in the first-floor conference room (purple room) of the
County Administration Building, 107 North Kent Street, Winchester, Virginia.
* Please note that the date has been changed from the original date of Monday, October 8,
2018 which is Columbus Day when the County Office Building will be closed.
The CPPC will discuss the following agenda items:
AGENDA
1. CPPA #02-18 – Carter Tract
2. Other
Access to this building is limited during the evening hours. Therefore, it will be necessary to enter
the building through the rear door of the four-story wing. Committee members and interested
citizens are encouraged to park in the County parking lot located behind the County Office
Building or in the joint Judicial Center parking lot and follow the sidewalk to the back door of the
four-story wing.
CEP/pd
Attachments
MEMORANDUM
Item 1
CPPA #02-18 – Carter Tract
CPPA #02-18, for the Carter Tract – Sewer and Water Service Area (SWSA) Inclusion
Request and Industrial Land Use Designation Request; Parcels 45-A-2, 45-A-7, 33-A-
144 and 33-A-89. This is a request to expand the boundary of the Sewer and Water Service
Area (SWSA) to include 213.8 acres of land and to designate the site for industrial land uses.
The properties are currently zoned RA (Rural Areas) and the Northeast Frederick Land Use
Plan shows the properties as remaining rural. The properties are located north of the CSX
Railroad, south of Brucetown Road, and east/adjacent to the Clearbrook quarry in the
Stonewall Magisterial District.
CPPC Recommendation: Consideration for further study
Frederick Water: A new comment was issued by Frederick Water for the Carter Tract
request dated August 27, 2018 (see attached).
Board of Supervisors Discussion: Sent the amendment forward for further study with
the condition that the SWSA be adjusted around the subject property only if other
areas could be removed from the SWSA.
Staff is seeking comments from the CPPC on the proposed adjustments.
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Urban Development Area
SWSA
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Improved Major Arterial
Minor Arterial
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Major Collector
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Minor Collector
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Long Range Land Use
Residential
Neighborhood Village
Urban Center
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Mixed-Use
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Extractive Mining
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Fire & Rescue
Sensitive Natural Areas
Institutional
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School
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Airport Support Area
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Residential, 4 u/a
High-Density Residential, 6 u/a
High-Density Residential, 12-16 u/a
Rural Area
Interstate Buffer
Landfill Support Area
Natural Resources & Recreation
Environmental & Recreational Resources
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: June 4, 2018Staff: cperkins
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CPPA #02-18Carter TractDraft NELUP and SWSA AmendmentsPINs:45 - A - 2, portion of 33 - A - 144 and 45 - A - 8Long Range Land Use Map
CPPA #02-18Carter TractPINs:45 - A - 2, portion of 33 - A - 144 and 45 - A - 8Draft NELUP and SWSA AmendmentsLong Range Land Use Map
0 0.35 0.70.175 Miles
CPPA #02-1845 A 2CPPA #02-1833 A 144
CPPA #02-1845 A 8
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Minor Arterial
Improved Minor Arterial
Major Collector
Improved Major Collector
Minor Collector
Improved Minor Collector
Ramp
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Zoning
B1 (Neighborhood Business District)
B2 (General Business District)
B3 (Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Light Industrial District)
M2 (Industrial General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Areas District)
RP (Residential Performance District)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: June 4, 2018Staff: cperkins
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CPPA #02-18Carter TractDraft NELUP and SWSA AmendmentsPINs:45 - A - 2, portion of 33 - A - 144 and 45 - A - 8Zoning Map
CPPA #02-18Carter TractPINs:45 - A - 2, portion of 33 - A - 144 and 45 - A - 8Draft NELUP and SWSA AmendmentsZoning Map
0 0.35 0.70.175 Miles
CPPA #02-1845 A 2CPPA #02-1833 A 144
CPPA #02-1845 A 8
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6/1/2018 Comprehensive Policy
Plan Amendment
Carter Tract Proposal
Tim Stowe
STOWE ENGINEERING
103 Heath Court
Winchester, VA 22602
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Location Map for Carter Tract
Comprehensive Plan Amendment Proposal
Scale: 1" = 2000'
Proposed
Industrial
Land Use
Proposed
SWSA
Adjustment
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Comprehensive Plan Amendment Proposal
Scale: 1" = 2000'
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COMPREHENSIVE POLICY PLAN AMENDMENT INITIATION REQUEST FORM
(Please type all information. The application will not be deemed complete unless all items listed below
have been submitted.)
A. Owner(s) Information:
1. Name: O-N Minerals (Chemstone) Company
2. Project Name: Project Ferrari
3. Mailing Address: O-N Minerals: 11 Stanwix Street – 21st floor, Pittsburgh, PA 15222
Attn: Kevin Whyte
4. Telephone Number: O-N Minerals: 412.995.5520
Authorized Agent Information:
1. Name: Tim Stowe, Stowe Engineering
2. Project Name: Project Ferrari
3. Mailing Address: 103 Heath Court
Winchester, VA 22602
4. Telephone Number: 540.686.7373
B. Legal interest in the property affected or reason for the request:
To facilitate industrial development on the property the owner would like to change the future land
use to industrial on the parcel known as the Carter Tract. They would also like to have the Carter
Tract included in the SWSA so water and sewer services will be available to support planned
industrial use. A map showing the proposed changes is on the following page.
C. Proposed Comprehensive Policy Plan amendment - please provide the following information.
1. FOR A MAP AMENDMENT
a. PIN(s): ,45-A-2, portion of 45-A-8, portion of 33-A-144
Magisterial District: Stonewall
b. Parcel size (approximate acres): 223.35 total; 213.8 in CPP amendment proposal
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CARTER TRACT
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
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PROPOSED LAND USE AND SWSA
FOR CARTER TRACT
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c. Plat of area proposed for CPPA amendment, including metes and bounds description.
See the tab labeled “PLAT.”
d. Existing Comprehensive Plan land use classification(s):
The existing 2035 Comprehensive Plan shows no future land use designation on the Carter tracts.
e. Proposed Comprehensive Plan land use classification(s):
The proposed Comprehensive Plan land use designation for the two tracts is Industrial.
f. Existing zoning and land use of the subject parcel:
The existing zoning of the subject parcels is Rural Agricultural. There is a single-family residence
with a life estate on the property near the CSX railroad and Gun Club Road.
g. What use/zoning will be requested if amendment is approved?
M-2 Industrial General District will be requested.
h. Describe, using text and maps as necessary, the existing zoning, Comprehensive Policy Plan
designations, and/or approved uses and densities along with other characteristics of properties
that are within:
• 1/4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size;
• ½ mile if 21 - 100 acres in size; or
• 1 mile if more than 100 acres in size.
Note: Colored maps cannot be duplicated in the Planning Department.
The major land uses and zoning surrounding the Carter tracts can be summarized as:
Direction Land Use/Zoning Zoning
South Large lot residential Rural/Agricultural
East Agricultural Rural/Agricultural
North Agriculture Extractive Mining &
Rural/Agricultural
North West Parks & Recreation Rural/Agricultural
West Extractive Mining and Industrial Extractive Mining
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A small area of MH-1 mobile home zoning (4 ac) is located approximately 1-mile northeast of the
property, and a small area of M-1 manufacturing (9 ac) is located south of the site. The site’s
terrain and mature tree cover provide natural buffers to visual and other impacts. The CSX railroad
provides a man-made barrier that will keep the proposed industrial land use an appropriate
distance from Gun Club Road and the homes to the south.
Maps showing the existing conditions, Comprehensive Policy Plan future land use designations,
and zoning as of April 2018 within 1 mile of the site are included on the following pages.
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CARTER TRACT
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FREDERICK COUNTY, VIRGINIA
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CARTER TRACT
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FREDERICK COUNTY, VIRGINIA
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APRIL 2018 ZONING WITHIN 1 MILE
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i. The name, mailing address, and parcel number of all property owners within 200 ft. of
the subject parcel(s), with Adjacent Property Owners Affidavit (page 8).
See the tab labeled “Adjoining Property Owners”
2. FOR A TEXT AMENDMENT
a. Purpose and intent of amendment.
To recognize key intersections along Route 11 North and local roads associated with
this land use change may need improvements prior to the Route 11 North mainline.
b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be
amended.
Chapter V Transportation, Needs Assessment, Route 11 North Corridor Widening
c. Proposed new or revised text.
Route 11 North Corridor Widening
Modeling of the expected development along the Route 11 North corridor indicates
a need for widening and access management to the entire corridor with the corridor
to become 6 lanes to Cedar Hill Road and 4 lanes to the West Virginia State line. The
most immediate need is to widen from Route 37 to Old Charlestown Road. Project
timing may necessitate that intersections and local roads be improved prior to the
Route 11 mainline improvements. Where practical, the use of rail should be
encouraged to reduce truck traffic in the corridor.
Note: Please attach and specify text changes with additions underlined and deletions
crossed through.
d. Demonstrate how the proposal furthers the goals, policies/objectives, and action
strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the
amendment request and why proposed revisions to said goals, policies, and action
strategies are appropriate.
(reference is made to the corresponding section of the 2035 Comprehensive Plan)
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Comprehensive Plan Section IV. Business Development, Introduction, Focus for
the Future
To encourage C & I uses to Frederick County has designated certain areas solely for
these types of uses such as the Route 11 North corridor, Kernstown area, Round
Hill, the Route 277 Triangle area, and in the vicinity of the Winchester Regional
Airport. Future planning efforts will continue to identify opportunities to align land
uses to promote business development.
Policy Appropriateness - In response to this policy, the proposed Comprehensive Plan
amendment will establish an additional 213.8 acre of land for industrial development,
thereby aligning land uses and business development opportunities.
Comprehensive Plan Section IV. Business Development. Introduction, Community
Benefits
Adequate amounts of land must be planned for and designated for both
Commercial and Industrial uses and residential developments. Striking a balance of
these land uses and ensuring that the tax rates remain low and that services are
available to support these initiatives will help make Frederick County an economic
engine within the region.
Policy Appropriateness - In response to this policy, the Carter Tract will be
designated as industrial land. Its development as such will enable the county to better
strike the desired balance between all land uses.
GOAL: Develop a Strategy that Promotes the Expansion of Desirable Business and
Industrial Land Uses.
STRATEGIES:
Frederick County Economic Development Authority (EDA) targeted industries: (as
of February 2016):
o Light Industrial
o Pharmaceutical & Medicine Manufacturing, Scientific Research &
Development, and Lab Services
o Business Services
o Retail
The proposed land use and SWSA change will further the goals, policies, objectives
and strategies set forth in the Comprehensive Plan by opening lands for industrial use
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adjacent to a neighboring industry and potential raw product supplier. The proposed
changes are appropriate because they cluster development, encourage inter-parcel
movement of goods and services, provide access to an existing rail line for the
movement of raw and finished products, and promote the overall expansion of
industrial land uses in the County.
Comprehensive Plan Section IV. Business Development, Office and Industrial,
Community Benefits
The continuation of a low residential tax rate is a direct result of the expansion of
the commercial and industrial tax. Currently commercial and industrial tax revenue
accounts for approximately 13% of the County’s tax base. The County’s goal
indicates this should be around 25% to ensure a balanced fiscal environment. Tax
revenue derived from the average single-family residence is approximately fifty
percent of the cost of service provided for that same residence. The County’s fiscal
survival is dependent upon recruiting office and industrial occupants which offset
those residential costs.
The proposed land use and SWSA change designates an additional 213.8 acres of land for
industrial use, strengthening the county’s financial position and offsetting residential costs.
Additional community benefit was realized when O-N Minerals gave Frederick Water an
easement almost 2000 feet long on the Carter Tract for Frederick Water’s proposed raw
water transmission line.
GOAL: Identify and Recognize Areas in the County Most Strategically Suited for
Office and Industrial Development
STRATEGIES:
• Complete review of area land use plans to ensure sufficient acreage is designated
for office and industrial uses.
• All infrastructure, such as voice and data fiber, electric, water, wastewater and
natural gas, should be extended to areas identified for office and industrial uses
and non-rural residential areas.
• The rezoning process should be examined and streamlined as appropriate in order
to encourage landowners of properties identified in Area Plans (see Appendix I) to
proceed with rezoning.
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The Carter Tract clearly meets this goal as it is well suited for industrial
development. The property is adjacent to an existing rail line and is flanked by a gas
transmission line and high capacity fiber optic lines. The property is a short distance
from the Anderson Water Treatment plant, and wastewater can be pumped to the
Frederick Water system. The property is also heavily wooded which will provide
protections to the surrounding residences.
e. Demonstrate how the proposal is internally consistent with other Comprehensive
Policy Plan components that are not the subject of the amendment.
The proposed land use will strengthen the county's financial position thereby enabling
the county to better offset the impacts of residential land use costs. This amendment
dovetails with the intent and direction of the 2035 Comprehensive Plan's Route 11
North recommendations and those for supporting existing industries.
f. What level of service impacts, if any, are associated with the request?
The level of service impact associated with commercial and industrial development is
transportation. Rail and inter-parcel connectivity will offset highway impacts. This is
a key item that will need to be addressed in any rezoning.
3. FOR ALL AMENDMENTS
a. Justification of proposed Comprehensive Policy Plan amendment (provide
attachments if necessary). Describe why the change to the Comprehensive
Policy Plan is being proposed.
This amendment is being proposed because the current owner see an opportunity to
create new business opportunities while implementing key land use and financial
goals of the Comprehensive Plan. It is their desire to see this area develop into a
positive economic generator for the County. The presence of an existing rail, natural
gas transmission, and high capacity fiber optic lines all make this site well suited to
the proposed change. The adjacent limestone product supplier encourages inter-
parcel connectivity. The owners will have to work with VDOT and the Frederick
Water in order to proceed with a rezoning request.
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b. How would the resultant changes impact or benefit Frederick County. Consider, for
example, transportation, economic development and public facilities.
Positive Impact #1 - The economic benefits to Frederick County through real
estate, business property, and Machinery & Tools revenue without the offsetting
costs typically associated with residential development.
Positive Impact #2 - The development costs of this land has either been or will be
absorbed by the owner.
Positive Impact #3 - The existing infrastructure on the site makes it highly
attractive to potential industrial users and has been installed by the utility owner.
Positive Impact #4 - The site has direct rail access to the CSX mainline track with
regular service, thus potentially reducing truck traffic.
Positive Impact #5 - The location of this property is in the targeted
commercial/industrial growth area.
Positive Impact #5 - Impacts on neighbors will be minimal due to the remote
nature of the site, its terrain, its heavy tree cover, and its distance from residences.
Positive Impact #6 – Access to the site will be provided via the existing Carmeuse
commercial entrance on Brucetown Road, and private internal roads.
Positive Impact #7 - This site provides a great opportunity to bring more good
paying jobs in Frederick County.
Negative Impact - While the use of rail and inter-parcel connectivity will be
advocated to reduce new traffic and eliminate some existing traffic, there is still
the potential for some congestion at the intersection of Route 11 and
Hopewell/Brucetown Roads.
Other information may be required by the Director of Planning, the Planning Commission, or Board of
County Supervisors during the review of the initiation request. The applicant will be notified, in writing,
if additional information is required.
All applications must also contain the following items:
1. Special Limited Power of Attorney Affidavit (see page 9 if parcels of land are involved).
2. Non-Refundable Application Review Fee of $3,000 (payable to the Frederick County
Treasurer).
Applicants should consult the Comprehensive Policy Plan to identify goals, policies or action strategies
which are applicable to individual Comprehensive Policy Plan amendment requests.
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Owner(s):
Applicant(s):5/30/18
PIN Owner's Name Owner's Name (cont.)Owner's Address City State Mailing ZIP
45 A 1 FREDERICK LAND COMPANY LLC 893 CLUBHOUSE RD YORK PA 17403
44 A 109A BOHNENKAMP GARY A 214 LITTLER LN STEPHENSON VA 22656
45 A 2 O-N MINERALS (CHEMSTONE) COMPANY ATTN: TAX DEPT 11 STANWIX ST FL 21 PITTSBURGH PA 15222
44 A 100 MANNIX HOLDINGS LLC 1419 RAMSEUR LN WINCHESTER VA 22601
44 A 101 KELLEY TIMOTHY PATRICK KELLEY MARIA N 5926 WIGTON DR HOUSTON TX 77096
44 A 102 KELLEY TIMOTHY PATRICK KELLEY MARIA N 5926 WIGTON DR HOUSTON TX 77096
44 A 108A RUDOLPH ESTEN O III PO BOX 87 STEPHENSON VA 22656
44 A 108C RUDOLPH ESTEN O III RUDOLPH DEBORAH L PO BOX 87 STEPHENSON VA 22656
45 A 8D TALADA DONALD D TRUSTEE TALADA CYNTHIA C TRUSTEE 223 SLATE LN STEPHENSON VA 22656
45 A 8B FIDDLER MATTIE L 227 SLATE LN STEPHENSON VA 22656
45 A 8A FIDDLER THOMAS L FIDDLER BARBARA J 233 SLATE LN STEPHENSON VA 22656
45 A 10U MILLER KATHLEEN C 2431 WARD RD WAYLAND NY 14572
45 A 6 ORNDOFF WILLIAM A 739 SLATE LN STEPHENSON VA 22656
45 A 3 SFARNAS STEVEN J PO BOX 224 STEPHENSON VA 22656
45 A 4 LANDRY JENNIFER H LANDRY AUSTIN S 445 SLATE LN STEPHENSON VA 22656
45 A 8 O-N MINERALS (CHEMSTONE) COMPANY ATTN: TAX DEPT 11 STANWIX ST FL 21 PITTSBURGH PA 15222
33 A 144 O-N MINERALS (CHEMSTONE) COMPANY ATTN: TAX DEPT 11 STANWIX ST FL 21 PITTSBURGH PA 15222
44 A 109B HOBBS CHARLES R HOBBS TOMMIE J 212 LITTLER LN STEPHENSON VA 22656
Adjacent Property Owner Listing
Property Owners within 200 ft. of the Carter Tract
Listing compiled on 5/24/18
LINE BEARING DISTANCE
L1 N 70°51'41" W 74.34'
L2 N 34°44'43" E 5.00'
L3 S 34°44'43" W 5.00'
L4 S 01°46'21" W 90.99'
L5 N 72°04'02" W 115.15'
L6 N 76°04'17" W 208.00'
L7 N 17°36'31" E 10.00'
L1
L2
L3
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
C1 1452.69'30.49'30.49'N 55°51'08" W 01°12'09"
C2 1392.69'416.54'414.99'N 63°49'23" W 17°08'12"
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S 86°05'00" E 1136.53'
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S 86°39'06" E 698.16'
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COMPOSITE AREA = 213.7997
PORTION OF
PIN 33-A-144
6.0511 ACRES
PIN 45-A-2
20.2503 ACRES
PORTION OF
PIN 45-A-8
187.4983 ACRES
INST. 130011749
DB 934 PG 1838
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INST. 130011749
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O-N MINERALS (CHEMSTONE) COMPANY
d/b/a
CARMEUSE LIME & STONE, INC.
ZONED: RA
ZONED: RA
ZONED: RA
C3 1402.69'90.09'90.08'N 74°13'53" W 3°40'48"
C3
560 NORTH LOUDOUN STREET ~ WINCHESTER, VIRGINIA 22601
Marsh & Legge Land Surveyors, P.L.C.
PHONE (540) 667-0468 ~ FAX (540) 667-0469 ~ EMAIL office@marshandlegge.com
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1. NO TITLE REPORT FURNISHED; THEREFORE, EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT
SHOWN HEREON.
2. BOUNDARY INFORMATION SHOWN IS BASED ON A FIELD SURVEY COMPLETED DURING APRIL/MAY, 2018.
3. THE PROPERTIES SHOWN HEREON ARE A COMPOSITE OF THE FOLLOWING PARCELS OR TRACTS:
a.TAX PARCEL PIN 45-A-2 [20.2503 ACRES]
b.A PORTION OF TAX PARCEL PIN 45-A-8 [187.4973 ACRES] SITUATED ON THE NORTH SIDE OF THE CSX
RAILROAD
c.A PORTION OF TAX PARCEL PIN 33-A-144 [6.0511 ACRES] THAT WAS ACQUIRED BY BOUNDARY LINE
ADJUSTMENT WITH ADJACENT MANNIX HOLDINGS, LLC LAND TAX PARCEL PIN 44-A-100.
4. THE COMPOSITE BOUNDARY SHOWN HEREON IS FOR THE PURPOSE OF DETERMINING THE PERIMETER
BOUNDARIES OF THE SUBJECT PARCELS, AND THERE ARE PHYSICAL IMPROVEMENTS ON THE PROPERTY
THAT ARE NOT SHOWN.
NOTES:
COMPOSITE BOUNDARY PLAT
OF THE LANDS OF
O-N MINERALS (CHEMSTONE) CO.
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
LINE TABLE
CURVE TABLE
LEGEND
CONCRETE MONUMENT FOUND
IRON ROD FOUND
IRON ROD SET
SET STONE FOUND
WOODEN POST