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Home My WebLink About005-91 Westminster Canterbury - B-2 to RP - Gainesboro District - BackfileRECEIPT 79 ?, 2 � . U i AMOUNT DUE AMO PAID s PAID'BY ❑ CASH I I0 i ECK y ❑ OTHER 0 n FR :;MNG AND DEVELOPMENT P.O. u(JJ. OVl, 7 uiau F%A ""eunn&. WINCHLiTER, VIRGINIA 22601 �t 'z DATE RECEIVED FROM ADDRESS I 1 THE SUM OF BY DAY -TIMERS RE -ORDER No. 3221 — Printed In USA t REZONING CHECKLIST The application is not complete if the following are not present: Submission Package (c l 1. Comment sheets from the following agencies along with any marked copies of the plan: VDOT V City of Winchester Co. San. Auth. Inspections Dept. Fire Marshall County Attorney Z. application form location map �. survey 5. deed Co. H1th. Dept. ✓ 'arks & Rec. Airport Authority txer*t 6. taxes paid statement 7. sign received v 8. fees paid 9. impact anaiysis 10. proffer statement TRACKING DATE ,ac I Application Received A)I} Rezoning forwarded to consulting engineer, if required. (oIT Consultation held with planning staff Rezoning reviewed by Zoning Review Committee 713 Adjoiner notifications mailed for ?C public hearing //7 Rezoning heard by RC UWM ?ublic hearing date set by BOS Ordinance of amendment with ::onditions proff.,red oreparcd for BOS 5(/3/ 9 ;d;ioin.=.r notifications .'nailed for BOS public ;tearing fl 9/ ?.ezoning heard by BOS 7 :ping :nap amended ?ezoning records updated i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 August 16, 1991 Mr. D. Michael Peasley, President Shenandoah Valley Westminster Canterbury 956 Westminster Canterbury Drive Winchester, VA 22601 Dear Mr. Peasley: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of August 14, 1991. Approval was granted for the rezoning application, #005-91, and the preliminary master development plan, #005-91, for Westminster Canterbury. The rezoning application requested 2.9375 be rezoned from B-2 (Business General) to RP (Residential Performance) for an addition to the existing retirement housing. Following the approval of the rezoning, the preliminary master development plan was approved for twenty (20) duplex units. This property is located off of Route 522 north on Westminster Canterbury Drive in the Gainesboro District and is identified as parcels 63A, 63B, 52B and J on tax map 53. The rezoned property is parcel J on tax map 53. Please submit, to this department for administrative approval, the final master development plan after you have addressed the staff and agency comments. Please do not hesitate to call this office if you have any questions. Sincerely, Kris C. Tierney Deputy Director KCT/slk cc: Howard Shockey & Sons, Inc. Patton, Harris, Rust & Associates, Inc THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Approvals: Planning Commission July 17, 1991 Board of SupervisorsAugust 14, 1991 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #005-91 of WESTMINSTER CANTERBURY WHEREAS, Rezoning application #005-91 of Westminster Canterbury to rezone 2.9375 acres from B-2 (Business General) to RP (Residential Performance) located off of Route 522 North, south of the Route 37 intersection in the Gainesboro District, and designated as parcel J on tax map 53. WHEREAS, the Planning Commission held a public hearing on this application on July 17, 1991; and WHEREAS, the Planning Commission received a draft statement of conditions proffered prior to the public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this application on August 14, 1991; and WHEREAS, the Board of Supervisors received a signed statement of conditions proffered prior to the public hearing; and WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience and good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 2.9375 acres from B-2 (Business General) to RP (Residential Performance) located off of Route 522 North, south of the Route 37 intersection in the Gainesboro District and designated as parcel J on tax map 53 as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner as follows: 0 0 WESTMINSIER CANTERBURY June 25, 1991 Frederick County Board of Supervisors Frederick County Planning Commission 9 Court Square Winchester. Virginia 22601 Re: Westminster -Canterbury of Winchester. Inc. 956 Westminster -Canterbury Drive Winchester. Virginia 22601 Dear Sirs: Westminster -Canterbury of Winchester. Inc.. sole owner of land to be rezoned under rezoning request No. 005-91. voluntarily proffers the following ccnditions. The conditions proferred shall be binding upon the heirs, executors, administrators. assigns. and successors in interest of both the applicant and owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proferred conditions shall apply to the land rezoned. in addition to other requirements set forth in the Frederick County Code: In addition to continuing to serve as the main entry way into Shenandoah Valley Westminster -Canterbury, the rezoned property will be used only for single - story, cottage -type units similar to those currently proposed before the Board of Supervisors and Planning Commission. known as "Cottage Program at Westminster -Canterbury". The cottages will be occupied only by older adults without resident children. Any future cottages would be built with density no greater than that shown in the current proposed "Cottage Program at Westminster -Canterbury" WESTMINSTER-CANTERBURY OF WINCHESTER, INC.: D. Michael Peasley, Pre sid t Robert S. Kern, Chairman. -� Property Committee of the Board of Trustees 956 WESTMINSTER-CANTERBURY DRIVE, WINCHESTER, VIRGINIA 226oi 703 . 665-0156 0 This ordinance shall be in effect upon its passage. Passed this 14th day of August, 1991. A Copy Teste Joh R. Riley, Jr. Fred 'ck County Administrator P/C review date: 07/17/91 BOS review date: 08/14/91 REZONING APPLICATION WESTMINSTER CANTERBURY To Rezone 2.9375 Acres From B-2 (Business General) To RP (Residential Performance) LOCATION: Entrance is from Route 522 North, just south of Route 37 intersection. Property is located at the entrance of SVWC Retirement Community. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53-4-J PROPERTY ZONING & PRESENT USE: Zoned B-2 (Business, General) land use - vacant PROPOSED USES: A cottage program for retirement housing. REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T. E. Trip Generation Manual, Fourth Edition for review. Any work performed on the state's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Sanitation Authority: Westminster Canterbury currently has water and sewer utilities on site. There is adequate water and sewer capacity available. Inspections Department: Building shall comply with the Virginia Uniform Statewide Building Code/1990, and section 309 Use Group R (Residential) of the BOCA National Building Code/1990. Fire Marshal: Fire lanes will be required at all hydrants and fire dept. connections. Attached are comments from the City of Winchester Fire Department. Since the Winchester Dept. is 0 0 Page -2- Westminster Canterbury Rezoning the service provider to this location their comments become a part of this review. Upon submittal of site plans, please submit two copies so I can forward one to the City for their review. Parks & Recreation: No comment. Planning and Zoning: The following should be considered. Location: The parcel is surrounded on all sides by property zoned Residential Performance (RP). Site Suitability: The site is suitable for development. Sewer and water are available and the topography is gently sloped with some woodland. An entrance road to the existing Westminster Canterbury facilities traverses the western edge of the parcel. Potential Impacts: As the parcel is surrounded by RP zoning, the potential for use conflicts is minimal. The general business uses allowed in the B-2 zone could potentially generate more traffic than the RP zoning being requested. The potential impacts from certain permitted uses in the RP zone have been eliminated by the applicants proffer to restrict the use of the parcel to "single story, cottage type units" for elderly residents. This will insure that there will be no school age children associated with the use. Relatively little traffic would be expected from this type of housing. There may be a higher incidence of fire and rescue calls as a result of the housing type when compared to B-2 uses. Conclusion: The zoning requested would result in a less intensive use of the property than is permitted under its present B-2 zoning. As the surrounding property is all zoned RP, the requested RP zoning would reduce the likelihood of use conflicts. The applicants proffer limits the residential use of the property to single story, elderly housing which also serves to minimize the potential impacts of other residential uses. STAFF RECOMMENDATIONS FOR 7117191 P/C MTG.: Approval with acceptance of proffers. PLANNING COMMISSION RECOMMENDATIONS OF 7/17/91: Unanimous approval with the acceptance of proffers. (Absent - G. Romine and B. Wilson), J. Golladay abstained. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number rt, $ - q / Submittal Deadline &--Ay-cji PC Hearing Date ------------------------------------ Date Received 3-,,,-, Application Date BOS Hearing Date nr. igcl The following information shall be provided by the applicant: All parcel numbers, tax map numbers, deed book pages and numbers may be obtained from the Office of the Commissioner of Revenue, 9 Court Square, Winchester. 1. Applicant: WESTMINSTER-CANTERBURY OF WINCHESTER, INC. Name: (T/A Shenandoah Valley Westminster -Canterbury) Address: 956 Westminster -Canterbury Drive Winchester. VA 22601 Telephone: 703/665-0156 2. Owner: WESTMINSTER-CANTERBURY OF WINCHESTER, INC. Name: (T/A Shenandoah Valley Westminster -Canterbury) Address: 956 Westminster -Canterbury Drive Winchester, VA 22601 Telephone: 703/665-0156 In addition, the Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: WESTMINSTER-CANTERBURY OF WINCHESTER, INC. 5 p �6�odr� .nxr 2 0 ,x 6 0 E • 3. zoning Change: be changed from It is requested that the zoning of the property B 2 to R P 4. Location: The property is located at (give exact directions): Entrance is from Route 522 North, just south of Route 37 intersection. Property is located at the entrance of SVWC Retirement Community. S. Parcel Identification: 21 Digit Tax Parcel Number: 5300000400000003000J0 6. Magisterial District: Gainesboro 7. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 2.9375 Acres The area of each portion to be rezoned to a different zoning district category should be noted: 2.9375 Acres Rezoned to R P Acres Rezoned to Acres Rezoned to Acres Rezoned to Frontage: Depth: Feet Feet 8. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: H.K. Benham, III, Trustee of Frederick Mall Land Trust Deed Page: 488 Deed Book Number: 107 11 • 9. Proposed Use: It is proposed that the property will be put to the following uses. Retirement housing under a life -care agreement. Specifically, a cottage program addition to SVWC 10. Checklist: Check the following items that have been included with this application. Location map _ X Survey or plat X Deed to property _ X Statement verifying taxes TAX -EXEMPT Sign receipt X Agency Comments X Fees X Impact Analysis Statement X _ Proffer Statement NOT REQUIRED 11. Signature: I (we), the undersigned, do hereby make application and petition the governing body to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia and do hereby certify that the application and accompanying materials are true and accVrate to the best of my (our) knowledge. Applicant: D. Michael Peasley, Pfesident and,4eEO, WESTMINSTER-CANTERBURY OF WINCHESTER, INC. Owner: WESTMINSTER-CANTERBURY OF WINCHESTER, INC. 12. Representation: If the application is being represented by someone other than the owner or application and if questions about the application should be directed to that representative, please list the following. Representative's Name: Representative I s.Phone Number: 7 • `► ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a road from the requested property. The applicant is required to obtain the fol- lowing information on each adjoining property including the 21-digit tax parcel identification number which may be obtained from the office of the Commissioner of Revenue. Name Address and Property Identification 1 WESTMINSTER-CANTERBURY OF Address: W56chestns�Xr-��EbTrive WINCHESTER, INC. Property ID: 53---- A ---- 63A 2 WESTMINSTER-CANTERBURY OF Address: 956 Westminster -Canterbury Drive Winchester, VA 22601 WINCHESTER, INC. Property ID: 53---- A ---- 52B 3 Address: 354 Wood Avenue Walter Pugh Winchester, VA 22601 Property ID: 53B---- 4 ---- 1- 4 Address: P. 0. Drawer 2097 FAIRFAX HALL PROP. Winchester, VA 22601 Property ID: 53B--- 4 ---- 2- 5 Address: 11 S. Cameron Street Stephen Butler Winchester, VA 22601 Property ID: 53D--- 1---- 36- 6 Address: 316 W. Boscawen Street Mary Henkle Winchester, VA 22601 Property ID: 53D--- 1---- 37- 7 Address: 794 Tudor Drive Mary Carson Winchester, VA 22601 Property ID: 53D--- 1---- 38- 8 Address: Route 3, Box 5265 James Hobbs Berryville, VA 22611 Property ID: 53d--- 1---- 39- 9 Address: 790 Tudor Drive Winchester, VA 22601 Lola M. Lee Property ID: 53D--- 1---- 40- 10 Address: 11 S. Cameron Street Benjamin Butler Winchester, VA 22601 Property ID: 53D--- 1---- 41- Continued on Page 9 9 0 Name Address and Property Identification 11 Address: 786 Tudor Drive Margery Thorson Winchester, VA 22601 Property ID: 53D--- 1---- 42- 12 Address: Property ID: 13 Address: Property ID: 14 Address: Property ID: 15 Address: Property ID: 16 Address: Property ID: 17 Address: Property ID: 18 Address: Property ID: 19 Address: Property ID: 20 Address: Property ID: 21 Address: Property ID: 22 Address: Property ID: WESTMINSTER- CANTERBURY June 13, 1991 Department of Planning and Development P. O. Box 601, 9 Court Square Winchester, Virginia 22601 Subject: Rezoning of Westminster -Canterbury, Inc. Lot J containing 2.9375 acres from 82 Zoning to RP Zoning Lot J containing 2.9375 acres is located in a well drained area containing no steep slopes or mature woodland. There are no soil or bedrock conditions that would present construction difficulties. ::.r••ounding properties are all zones RP. As Westminster -Canterbury, Inc. i.s a retirement community with mature adults over the age of 65, there is very little potential for an impact of noise, pollution, or ether nuisance factors. Ouy present cottage plan includes the construction of two cottages and an entrance road on '.-.he property. Additional traffic generated would be very minimal. Westminster -Canterbury, Inc. provides residents with a means of transporations as well as being on a city bus route. Sewage and water use will be very minimal due to the small acreage and the low housing density of the area. The maximum number of people in each cottage will be two. Education facilities will not be affected, due to the required age of the occupants. Rezoning will have little impact on Parks and Recreation Facilities as Westminster -Canterbury, Inc. provides recreation facilities on its property. Road travel distance from the site to the nearest fire and rescue facility is approximately five miles and will require no additional facilities. Additional solid waste generated from this rezoning will be very minimal due to the low housing density and the small acreage. There are no historical sites or structures located on �. be very little impact on the library system. Westmins a 956 WESTMINSTER-CANTERBURY DRIVE, WINCHESTER, VIRGINIA 703 . 665-oi56 ? 01' ' has an on -site library. Since this rezoning request is for a small acreage with a very low housing density, proposed use and all surrounding property is already zoned RP, there will be very little impact on the surrounding environment. C� E July 31, 1991 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: WESTMINSTER CANTERBURY PRELIMINARY MASTER DEVELOPMENT PLAN AND REZONING FOR: Westminister Canterbury to rezone 2.975 acres from B-2 (Business General) to RP (Residential Performance) and to further develop the existing facility by adding 20 duplex units. This property is located on Westminister Canterbury Drive off of Route 522 North in the Gainesboro District and is identified as parcels 63A, 63B, J and 52B on tax map 53. This preliminary master development plan will be considered by the Frederick County Board of Supervisors at their meeting of August 14, 1991, at 7:15 p.m., in the Board Room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Kris C. Tierney Deputy Director KCT/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 !his is to certify thallowe attached correspondence was o iled to the following on July 31, 1991 from the Department of Planning and Development, Frederick County, Virginia: Mp'j:�C;J.'ERY R _ BUTL..E::R . S T'h:PHl:. N G . 786 TlJI)OR DR, i t S. C:(aPil;;:fiON STREET WINCHESTER, VA. WINCHESTER, VA. 22601.--- 37 WEST'HIN"CST'EiR C)("1N'TI:7I 1-sU~ n y HENKEL., MAf- Y M. SUNNYS I:DE ST'A'T'IOC 4 316 W. BOSC AWC• N STREET WINCHESTER, VA, WINCHESTER, VA, 22601.--- 53A 2 D 9 SaD 1_ „ 1 PLACE , THOMAS J . & SHIRLEY J . CARSON, MARY H,. 1109 HICKORY STREET 794 TUDOR DR. WINCHESTER, VA. WINCHESTER, VA., 22601- FAHNESTOCK , ELTON R H(:iBBS, ,JAMEG D: . 1107 HICKORY STREET RT. 3 I':�OX "•.; 6S WINCHESTER, VA. ERRYVILLE. Vn. 22601- �.'. 53A 2 C Q CATLETT, KENNETH J. 53D i `'C/O SATOKO CATLETT LEE, , L.i7l. A M. i i i S OAK STREET 790 TUDOR DRIVE WINCHESTER, VA. WINCHESTER, VA 22601- 126 01.--- 53A 2 B 4 FOGLE, RICHARD H. & MILDRED I. BUTLER, BE,N.JAM:I:N M1 1• "1 109 OAK STREET WINCHESTER, VA. i i S .. CAME:.RON STREET 22601- WINCf•iEaTER, VA.. Kris C T'e ey, epu rector Frederick ounty, D of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, DPW n _ Swi ml Py , a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated July 31, 1991 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 31st day of July 1991 My commission expires on September 30, 1993 `, .1 ` .�1►►` • : • 1 SSA CCiiJCHi•iAN , FOSTER L L. 14 7 S. 08 - DARL-I NGTON DRIVE WINCHESTER, VIRGINIA 22601-- 53A A 7 PEACEMAKER, WAYNE J. 1067 N FREDERICK PIKE WINCHESTER, VA. 22601- 53D 2 94A TUDOR SQUARE HOMEOWNERS ASSOC. ii S. CAMERON STREET WINCHESTER, VA. 22601- 53 A 53 WEBER, KATHERINE P. S30i ROBEY AVENUE ANNANDALE, VA. 22003- 53 A 62 UNGER. LINDEN B. & COLLEEN F. RT. 2 BOX 876 WINCHESTER, VA. 2260i- 53 p 63 VALLEY PROTEINS. INC- RT. 2 BOX 156 WINCHESTER, VA. 2,''..bOi- 53 A 6iA FIIETT, RUSSELL K. 900 AUTUMN VIEW LANE WINCHESTER, VA. 2260 i - 53D 4 i PUGH, WALTER L L4 HARjORIE K 354 WOOD AVENUE Winchester, Va. 22601- 53B 4 20 PUGH, G. SCOTT & LORI P. 2169 HARVEST DRIVE WINCHESTER, VA. 53B FAIRFAX HALL PROPERTIES P.O. DRAWER 2097 WINCHESTER, VA. 22601- 53B 4 3 TOAN, DOUGLAS R & MICHAEL L BRYAN P.O. BOX 2097 WINCHESTER, VA. 22601- 4 2 22601- 53B 4 4 NORTH FREDERICK REALTY i 1. S . CAMERON '.STREET WINCHESTER, VA. 22601— Kimberly D. & Issac A. Kieth 617 Old Fort Road Winchester, VA 22601 Pota Anton 610 Old Fort Road Winchester, VA 22601 William D. Willis 606 Old Fort Road Winchester, VA 22601 Hans Von Payr 0 540 Marion Street Winchester, VA 22601 Charles P. Rodgers 536 Marion Street Winchester, VA 22601 Dennis McLoughlin 532 Marion Street Winchester, VA 22601 Thomas C. Gibbs, Jr. 528 Marion Street Winchester, VA 22601 Herbert A. Wood, Jr. 520 MArion Street Winchester, Va 22601 Howa,%d Shockey 5 Saws, Inc. P.O. Box 2530 Winche,5 teA, V�Aginc:a. 22601 PHRSA ks6oc,iata 107 Nan th Kent Stuet Winche,s-teA, Vi Aginia 22601 Shenandoah VaUey Watmin5-teA CanteAbwty 956 cva tminsteA CanteAbuny U i.ve Wi.ncheste/ , V�Aginia 22601 Hiett, RwmeU 0. 5 Ann B. 930 Autumn View Lane W4-'nche5tet, VZLginia 22601 Rik - r• tii i —.• _ 1 �� l» M-1 r, •�� rA IZA tat , �.f,, �,' • �; ' � _ - � r � \ . .ram O •3 - � •� . z r ' RP RP _tit-t - ,Zrl�:i>L etc- — •-•/ J - ' / , ,./ WWCHESTEA / / / .. •�• UE. Or `. ,.••. �^ E� 1I � r� . y�E�,1MrM5TEQ.; CJ�l7�,t� o� 1Nt NGNESTt=�L_ w i 1t,InI I Y NAP S�diC:l "=2000' 9 Fir Myd ` 485,12' LO r j 2.9375 AC. 513.50' 10, Utility Edsomont LCGENO W — hater Line SMn—51nitary ManhoI "Jt3: Compiled Pl,rt PRC•POSE� SHOPPING CENTS; 12.5175 4cRE$ A=135.Go, "'4.7J._ Q NIG 02'W'i f r r.r I• r y 'I: rn t a'" f ^139.d3'r Ild.4y-—--AcIj0.)•kty'..? A=2Gi 12'i J I 39 v:� A=109 A-46.36' n A=9.7C = LOT F LOT LOTj rd LOT G L01 N I '•(J41G AC • s i'1 ; AC. .20t' Is1.3101 AC, i s1.3685 At;• .•I�� = I' „y "y,. s�+cr Ta o ,) • -_--7 It_ � toOut 0.00$lubI�o.00' 'yuuoISo S t �� .00'1 3 180 32' 45.. w 7t, 20' Utility Eosra14" Se^cr Ta It4" Srn.V 4" $ •firer rdp lag PLA, FREDERICK MALL LJ G A 1 8 E S 8 0 k 0 D 1 5 FREDER ICK COUNTY, SCALE:I"=2p0' SEI kIrcliIE SURVEI S1E°IIEAS CITY, VI rtRr,�tr:a P�t;.D•;u+rK CL�!rrTY,-- i Tn s 'n.•r��t G! wrtt! 4�T, to �tt:urG. ` f r, iIRGlrrlA FREDCutiK CYJUNry. SGT. This Inctrurywn1 of wrfUng I 10 record. I f I This is to certify that 1111 attached correspondence was fled to the following on July 3, 1991 f om t epartment of Planning and Devpment, Frederick County, Virginia: 53 A HOBBS, JAMES D, 012 WESTMINSTER-CANTERBURY 63e RT. 3 BOX 5265 P- 0. BOX 37 BERRYVILLE. VA. WINCHESTER. VA- 226oi- LEE, LOLA M, 53D 40 790 TUDOR VpIVE� Westminster Canterbury of Winchester WINCHESTER, VA 956 Westminster Canterbury Drive Winchester, Va. 22601 Walter Pugh 354 Wood Ave. Winchester, Va. 22601 53D 4 2 FAIRFAX HALL.. PROPERTIES P-0. DRAWER 2097 WINCHESTER. VA,. 22601- BUTLER. STEPHEN G. 11 S. CAMERON STREEI WINCHESTER. VA, 22601 HENKEL. MARY M. 53D 316 W. BOSCAWEM STREET- WINCHESTER. VA. 2260.1. CARSON, MARY H. AS 794 TUDOR DR, WINCHESTFR. VA, 22600 22601 BUTLER, DENJAmIN M_ 53D 1 4' il S. CAM ERON STREET WINCHESTER, VA, 22601 n7" THORSEN. MARGERY R. 786 TUDOR DR. WINCHESTER. VA- 226u:, s C.(Ijotyll Deputy JoKoff Lpc"__�r derick Gbanty Dept Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Debi D. Swimley a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated July 3, 1991 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 3rd day of July 1991 My commission expires on September 30, 1993 (lujons, TO NOTARY PUBLIC , , � , E ******^~**************++~~.^~°**'°+^+************++* P.01 , * * * TRANSACTION REPORT JUN-25-91 TUE 11:49 * * _ � * + * DATE START RX TIME PAGES TYPE NOTE ~ * ^ * OK jUN-25 11:47 7@1120» 2 RECEIVE + ******^^~*+*�++�***w°++�+�^'*^+*+^�°*****************�**�*°**+*�*************************************~� WFD 03; FL"REVIEW REPORT WINCHESTER FIRE DEPARRV= 126 NORTH CAmERoN STREET WINCHFSTER, VA 22601 (703)662-2298 TO: Douglas Kiracofe Frederick County Fire Marshal Winchester. VA 22601 LCXATION Lot J ' � ►L WIC �; NEW BUSINESS Rezoning DATE OF REPORT 6-19-91 ALTERATION PURPOSE FOR WHICH BUILDING IS TO BE USED Rezoning 2.9375 Acres from B2 to RP ••' iilti ! CITY ENGINEER BUILDING OFFICIAL ALO ►1YG S �1►• i CNESTER aEr. CITY OF WINCHESTE.R OTfflaZS CHECKED JUN 1 9 FILE X These plans have/"mab.ast been approved by the Winchester Fire De;rtLnt with the understanding that the following req >i rments will be ccnplied with: Doug, We would like to have the opportunity to review site plan of proposed structures on Lot J for the purpose of Emergency Vehicle access, Fire Hydrant Locations in reference to structures, etc. so we can keep our personnel aware of additions. Thanks ID) IN / J++zaIao, 0 0 i �► i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 July 3, 1991 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE REZONING APPLICATION OF: WESTMINSTER CANTERBURY Rezoning Application #005-91 of Westminster Canterbury to rezone 2.975 acres from B-2 ' (Business General) to RP (Residential Performance) for retirement housing. This property is located off of Route 522 North, just south of the Route 37 intersection, in the Gainesboro District and is identified as parcel J on tax map 53. This rezoning request will be considered by the Frederick County Planning Commission at their meeting of July 17, 1991 at 7:30 p.m. in the Board Room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may, attend this meeting. Sincerely, Kris C. Tierney Deputy Planning Director KCT/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 T E L W �=r,1�- +781 1 I-i r, 01 1.21 : 40 No . 002 F . 01 �19wwa"ao "CMINS-MR CANT M- URY I'A}: TRANSMISSION COM PAGE TO: Mr, Kris Tierney FROM: Mr. Mike Peasley DATE: 6/�5/91 Number of pages including cover page: _ 7 TIME: It you have any problems or fail to receive all pages of this transmission, please c&U: Carol Corbin UO3) 665-0156 Our PAX Number is: (703) 665-9781 956 WESTMINSTER-CANfERBURY DRIVE, WINCI-IESTEK. VIRGINIA 2'. t j� �Va 5W (2� j7 --- - 15t5 703 . 665-oi 56 -_—� JUN 251991 Y _ 111[- TEL `-r,E_,5-`a; 1 J�_�r� ?�" 1 1'� : �11 Pdr . i) ,2 P.02 D R A F T June 25. 1991 Frederick County Board of Supervisors Frederick County Planning Commission 9 Court Square Winchester. Virginia 22601 Re: Westminster --Canterbury of Winchester, Inc. 956 Westminster -Canterbury Drive Winchester. Virginia 22601 Dear Sirs: Westminster -Canterbury of Winchester, Inc., sole owner of land to be rezoned under rezoning request No. _ ___ 1, voluntarily proffers the following conditions. The conditions proferred shall be binding upon the heirs. executors, administrators, assigns. and successors in interest of both the applicant and owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proferred conditions shall apply to the land rezoned, in addition to other requirements set forth in the Frederick County Code: In addition to continuing to serve as the main entry way into Shenandoah Valley Westminster Canterbury, the rezoned property will be used only for single -story, cottage -type units similar to those currently proposed before the Board of Supervisors and Planning Commission. known as the "Cottage Program at Westminster -Canterbury". The cottages will be occupied only by older adults without resident childzen. Any future cottages would be built with density r- greater than that shown in the current proposed "Cottage Px ur -m at Westminster -Canterbury". WESTMINSTER-CANTERBURY OF WINCHESTER. INC.: D. Michae'l Peasley, president Robert S. Kern. Chi man, Property Committee f the Board of Trustees *'Y �� C OF FREDERICK, VIRGINIA �� FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 061891579 Date Received 061491 Date Reviewed 061991 .................... ........ ��.... ......... Applicant Name Westminster Canterbury Address 956 Westminister Canterbury Drive Winchester, Virginia 22601 ��... .. ..... Project Name Westminister Canterbury ____ Phone No. 703-665-0156 Type of Application 1st Due Fire Co. 5 Election District Gainesboro Current Zoning B-2 1st Due Rescue Co. 3 RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System X Automatic Fire Alarm System X Other Emerqency Vehicle Access; Adequate Inadequate Not Identified X Fire Lanes Required; Yes No Comments: Fire lanes will be required at all hydrants and fire dept. Roadway/Aisleway Widths; Adequate Inadequate Special Hazards Noted; Yes _ Comments: Not Identified X No X 0 Hydrant Locations; Adequate Inadequate Siamese Connection Location; Approved Not Approved Not Identified X Not Identified X Additional Comments: Attached are comments from the City of Winchester Fire Dept. Since the Winchester Dept. is the service provider to this location their comments become a part of this review. Upon submittal of site plans, please submit two copies so I can forward one to the City for their review. • • REQUEST FOR REZONING COMMENTS Frederick County Parks & Recreation Department ATTN: James Doran, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5678 The Frederick County Parks & Recreation Department is located on the second floor of the Frederick County Administration Building, 9 Court Square, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Westminster -Canterbury of Winchester, Inc. (T/A Shenandoah Valley Westminster -Canterbury) 956 Uestminster-Canterbury Drive, Winchester, Virginia 22601 703/665-0156 Name of development and/or description of the request: Chanqe of Zoning of 2.9375 acres from B2 to RP Location: Entrance from Route 522 North, just South of Route 37 Intersect.ion. Property is located at the entrance of S.V.W.C. Retirement Community. Parks & Recreation Department Comments: Parks Signature and Date: (NOTICE TO PARKS - PLEASE REgPAN THIS FORM TO THE APPLICANT.) NOTI TO APPLICANT It is your responsibility complete this form as accurately as possible in order to assist the agency with their w. Also, please attach a copy of your application form, T72 �location map and all other pertinent information.25 19q� 1 REQUEST FOR REZONING COMMENTS City of Winchester, Virginia ATTN: Tim Youmans, Planning Director Rouss City Hall 15 N. Cameron Street, Winchester, Virginia 22601 (703) 667-1815 The City of Winchester offices are located in Rouss City Hall at 15 North Cameron Street in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Westminster -Canterbury of Winchester, Inc. 956 Westminster -Canterbury Drive, Winchester, Virginia 22601 703/665-0156 -k Name of development and/or description of the request: Change of Zoning of 2.9375 acres from B2 to RP Location: Entrance from Route 522 North, just South of Route 37 Intersection. Property is located at the entrance of S.V.W.C. Retirement Community. City of Winchester Comments: 6 14 City Signature and Date: -� c'he i (NOTICE TO CITY - PLEASE RETURN TH S FOM O T APP IC NOTICE TO APPLICANT It is your responsibility to complete this for as accurately as possible in order to assist the agency with their re Please also attach a copy of your application form, locatio jl@ 0 all other pertinent information. ll`5� 23 020199, RECEIVED .JUN • REQUEST FOR REZONING COMMENTS Virginia Department of Transportation ATTN: William H. Bushman, Resident Engineer' P.O. Box 278, Edinburg, Virginia 22824-0278 (703) 984-4133 The local office of the Transportation Department is located at 1550 Commerce Street, if you prefer to hand deliver this review form. Applioant's name, address and phone number: Uestminster-Canterhury of Winchester, Inc. (T/A Shenandoah Valley Westminster -Canterbury) 956 Westminster -Canterbury Drive, Winchester, Virginia 22601 703/665-0156 Name of development and/or description of the request: Change of Zoning of 2.9375 acres from B2 to RP Location: Entrance from Route 522 North, just South of Route 37 Intersection. Property is located at the entrance of S.V.W.C. Retirement Community. Transportation Department Comments: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Fourth Edition for review. Any work performed on the state 's riht-of-way must be covered under a land use permit. This permit is issued tv this offie and requires aninspection fee and surety bond coverage. VDOT Signature and Date: (NOTICE TO VDOT - PLEASE 44�2� /�/ 1'544�� C_ 6, THIS FORM TO THE APPLICAN`Y.) NOTICE TO APPLICANT It is your responsibility to complete this form as possible in order to assist the agency with their please attach a copy of your application form, loc all other pertinent information. 20 accurately as p,view. Also, � 5U JUN ? p IQQI �� 11 -1 µ REQUEST FOR REZONING COMMENTS ` ! l.J Frederick County Sanitation Authority ATTN: Wellington Jones, Engineer/Director P.O. Box 618, Winchester, Virginia 22601 (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Westminster -Canterbury of Winchester, Inc. /T/A Chen_AndnA_h Vallov 956 Westminster -Canterbury Drive, Winchester, Virginia 22601 703/665-0156 Name of development and/or description of the request: Change of Zoning of 2.9375 acres from B2 to RP Location: Entrance from Route 522 North, just South of Route 37 Intersection. Property is located at the entrance of S.V.W.C. Retirement Community. Sanitation Authority Comments: 1�1� •� ?.�� S IFV✓FLr ca r/ t-1 T/G S oy S1?AF 7�,rh',F s ,j(,Q)FQt/,4T-f- 1A,4(71K/1 %1- SFWoEq C-A,0 ¢CITY /1 Y.0t/L41 SL F, Sanit. Signature & Date: (NOTICE TO SANITATION -,, l/ Gy /,, RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their re pew. Also, please attach a copy of your application form, locat and all other pertinent information. Q Vf� 22 lino �,�,�, ��,�; qk. REQUEST FOR REZONING COMMENTS Frederick County Inspections Department P.O. Box 601, Winchester, Virginia (703) 665-5650 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you perfer to hand deliver this review form. Applicant's name, address and phone number: Westminster -Canterbury of Winchester, Inc. (T/A She..iandoah Valley I4estmiraster-Canterbury) 956 Westminster -Canterbury Drive, Winchester, Virginia 22601 703/665-0156 Name of development and/or description of the request: Change of Zoning of 2.9375 acres from B2 to RP Location: Entrance from Route 522 North, just south of Route 37 intersection. Property is located at the entrance of S.V.W.C. Retirement Community. Inspections Department Comments: Building shall comply with the Virginia Uniform Statewide Building Code/1990, and Section 309 Use Grou R (Residenial) of the BOCA National Building Code/1990. Inspect. Signature & Date: (NOTICE - PLEASE RETURN THIS O TO THE APPLIC T.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. 19 REQUEST FOR REZONING COMMENTS Fire and Rescue Squad: Fire Company 15, Round Hill Community Route 4 - Box 240B Winchester, Virginia 22601 Appl c n1`I n e ddre and one umber: WesTmi nsTer--,anter$ury o Wi nc�iegiher, I . (T/A Shenandoah Valley Westminster Canterbury) 956 Westminster -Canterbury Drive, Winchester, Virginia 22601 Name of development and/or description of the request: Change of Zoning of 2.9375 acres from B2 to RP Location: Entrance from Route 522 North, just south of Route 37 Intersection. Property is located at the entrance of S.V.W.C. Retirement Community. Fire and Rescue Squad Comments: Fire and Rescue Signature and Date: (NOTICE TO gaCAD -lPLEASETURN THIS FORM TO THE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their F. Also, please attach a copy of your plans and/or applicat Rvn2 0 n�7LE D LL�� VV 31 JUN ? 0 lggi CO��wY OF �REDERlCk, VIRGINIA�� FIRE MARSHAL'S OFFICE ^ LAND DEVELOPMENT COMMENTS Control No. 061891575 Date Received 061491 Date Reviewed 061991 Applicant Name Westminster Canterbury Address 956 Westminister Canterbury Drive Wincnester, Virginia 22601 Project Name Westminister Canterbury Phone No. 703-665-0156 Type of Application 1st Due Fire Co. 5 Rezoning Current Zoning B-2 1st Due Rescue Co. 3 Election District Gainesboro RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System X Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate Inadequate Not identified X Fire Lanes Required; Yes No ---' ---- Comments: Fire lanes will be required at all hydrants and fire dept. connections. Roadway/Aisleway Widths; Adequate Inadequate Not Identified X Special Hazards Noted; Yes No X Comments: �_ Hydrant Locations; Adequate Inadequate Not Identified X Siamese Connection Location; Approved Not Approved Not Identified X Additional Fire Dept. Comments: Since the Attached are comments from the City of Winchester Dept. is the service provider Winchester to this location their comments become a part of this review. Upon submittal of site plans, pIease submit two copies so I can forward one to the City for their review. Review Time .5 hrs. PLANS FI RE ' PPROVED _ ~~~=�� ICK COUNTY Fire Marshal � QZ4't"�- LV 1 ..Z --' 12- y''r' -Y 3. zoning Change: It is requested that the zoning of the property be changed from B 2 to R P 4. Location: The property is located at (give exact directions): Entrance is from Route 522 North, just south of Route 37 intersection. Property is located at the entrance of SVWC Retirement Community. 5. Parcel Identification: 21 Digit Tax Parcel Number: , 5300000400000003000J0 6. Magisterial District: 7. Property Dimensions: rezoned. Total Area: 2.9375 The area of each port district category sho 2.9375 Acres Acres Acres Acres Frontage: Depth: Gainesboro The dimensions of the property to be Acres ion to be rezoned to a different zoning ald be noted: Rezoned to R P Rezoned to Rezoned to Rezoned to Feet Feet 8. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: H.K. Benham, III, Trustee of Frederick Mall Land Trust Deed Page: 488 Deed Book Number: 107 Ll C� • ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a road from the requested property. The applicant is required to obtain the fol- lowing information on each adjoining property including the 21-digit tax parcel identification number which may be obtained from the office of the Commissioner of Revenue. Name Address and Property Identification 1 WESTMINSTER-CANTERBURY OF Address: �56 �esEmins�Xr-C� gbgrbury Drive inc es er, WINCHESTER, INC. 11, Property ID: 53---- A ---- 63A 2 WESTMINSTER-CANTERBURY OF Address: 956 Westminster -Canterbury Drive WINCHESTER, INC. Winchester, VA 22601 Property ID: 53---- A ---- 52B 3 Address: 354 Wood Avenue Walter Pugh Winchester, VA 22601 Property ID: 53B---- 4 ---- 1- 4 Address: P. 0. Drawer 2097 FAIRFAX HALL PROP. Winchester, VA 22601 - Property ID: 53B--- 4 ---- 2- 5 Address: 11 S. Cameron Street Stephen Butler ✓ Winchester, VA 22601 Property ID: 53D--- 1---- 36- 6 Address: 316 W. Boscawen Street Mary Henkle Winchester, VA 22601 Property ID: 53D--- 1---- 37- 7 Address: 794 Tudor Drive Mary Carson Winchester, VA 22601 L Property ID: 53D--- 1---- 38- 8 Address: Route 3, Box 5265 James Hobbs `- Berryville, VA 22611 Property ID: 53d---1---- 39- 9 Address: 790 Tudor Drive Winchester, VA 22601 Lola M. Lee Property ID: 53D--- 1---- 40- 10 Address: 11 S. Cameron Street Benjamin Butler Winchester, VA 22601 j Property ID: 53D--- 1---- 41- Continued on Page 9 N? FName Address and Property Identification 11 Address: 786 Tudor Drive Margery Thorson Winchester, VA 22601 Property ID: 53D--- 1---- 42- 12 Address: Property ID: 13 Address: Property ID: 14 Address: Property ID: 15 Address: Property ID: 16 Address: Property ID: 17 Address: Property ID: 18 Address: Property ID: 19 Address: Property ID: 20 Address: Property ID: 21 Address: Property ID: 22 Address: Property ID: �Syg K * * x * * * Y * * * * k r, At #1588 H. K. BENHAM, III, TR. TO: .. .. DEED WESTMINSTER—CANTERBURY OF WINCiIESTER, INC. r . d VK5T5PC4 'nflS DEED, made this '� ' ....-?-C day of April, 1984, between. H. K. Benham, III, Trustee of Frederick Mall land Trust Pursuant to Trust Agreement dated October 1, 1977, a Memorandum of whichis recorded in the Clerk's Office of the Circuit COurt'Of Frede County, Virginia in Deed Book 488, at Page 107, of the first ri k Part, hereinafter called the Grantor; Westminster - Canterbury Of Winchester, Inc,, a corporation organized under the laws of the Cocunonwealth of Virginia, of the second part, hereinafter called the Grantee; and H. K. Benham, III and Ilona E. Benham his wife, of the third part, hereinafter called Third Parties, WITNESSETH; That for and in consideration of the sum of Tep Dollars 010,00), cash in hand paid and other valuable consid- eration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with Special Warranty of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain lot of.land, contaiping 2.9375 Acres, more or -less, fronting on the East side of Frederick.Mall Drive in n.4 b Magisterial g n nes Oro ode. ic'ri Coul",-- It a cularly described as Lot J on the plat of survey by Elliott Ritchie, Jr., Land Surveyor, recorded ill the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 553, at page 489; and being a portion of the property conveyed to the Grantor herein by C, D. Hylton, et ux, by deed reco-,ded in the aforesaid Clerk's Office in Deed Book 511, at page 3. This conveyance•is made subject to all legally enforceable Irestrictive covenants and easements of record'affecting the aforesaid realty, including the conditions arad restrictions set TI 'v oi� li tl (tS djl t-se j, UW L.3 .di ca,':ion dated may 181 1981 and recorded i Y�,T°`, ova sesb in .the aforesaid Clerk's' Off ice , in Deed -Book 553, at Page 474 E as .1 "Mallow a JOwwlTOal •i14409tJ1 61 LAI 1 94N1111aa. "pals" 6K575PG499 amended by instruments recorded in the aforesaid Clerk's Office i Deed Book 553, at Page 486 and in Deed Book 554, at Page 631. WHEREAS, H. K. Benham, III had entered into a contract with the Grantor to purchase the above described property; and, WHEREAS, H. K. Benham, III executed a contract to sell his rights in the above described property and in said contract to the Grantee; and, WHEREAS, H. K. Benham, III desires to effect this transfer. NOW, THEREFORE, the Third Parties do hereby grant, convey and release unto the Grantee all their right, title and interest in the above described property and in said contracts concerning same. As the Grantee has not paid the purchase price of Forty Thousand Dollars ($40,000.00), the Grantor retains a Vendor's' Lien against the above described property in the amount of Forty Thousand Dollars ($40,000.00), plus interest at the prime rate determined by the Farmers and Merchants National Bank, which amount, both principal and interest, is due on demand. WITNESS the following signatures and seals; (SEAL) en am,I rr_,7_r_u_s_E_-e-e7`3T Frederick Mall ?and Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is re- corded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107 /c ? (SEAL) en m, (SEAL) Ao!;i 4.a am STAT$ OF VIRGINIA, AT. LARGE, To* -wit i ' Tht fore,-,oing inst:ument w,a& acknow:edgQ� aforo me this ' 2 - _3`{ day gX575Pc500 o, ,y H. K, Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick Countye Virginia in Deed Book 488, at Page 107, and H. K. Benham, III and Ilona E. Benham, hi., wife. My commission expires ✓ .0 . otary u c �iRGLNfA IRF-DUUCK COUNTY, SCT. This instrument of writing ryas produced to me on the with of , 19, at an with certificate of acrZS7 f?dpmentthereto =noted Iran ndmitted�o record.TazedbySeo,56.54,1 of tuad4 have ke+ea paid, if aaaeiagb.. bi zt�� ri. A�4i{DM � JDMr11011 ITT I INC TI IT u r . •II�r f IT It, TII/II (I N - 3 - 1 • r,