PUBLIC HEARING NOTICE

Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public Hearing on Wednesday, November 5, 2014 beginning at

8:00 p.m. in the Colonial Courthouse, 6504 Main Street Gloucester, Virginia to consider the following:

AN ORDINANCE AMENDING GLOUCESTER COUNTY CODE CHAPTER 3 – ANIMAL WELFARE AND CONTROL

The proposed amendments to Chapter 3 include the following: Section 3-2 – Definitions: removing the definitions of “animal shelter” and “pound”; adding

definitions for “incorporated”, “private animal shelter” and “public animal shelter”; and various minor changes to other definitions to reflect recent State law changes, and to more closely track the language of State enabling

legislation; Section 3-15.2 - Abandonment of Animals: reworded the section and added a penalty for abandonment of animals to reflect recent state law changes; Section 3-31 – Amount of license tax, kennel tax; exemptions: added

terms and definitions for “hearing dog”, “mobility-impaired person”, “otherwise disabled person”, and “service dog”; and Section 3-38 – Dangerous and vicious

dogs: added definition of “serious injury”; and various amendments to reflect recent State law changes and to more closely track the language of State enabling legislation.

The preceding is a summary, not the full text, of the Ordinance. It is not intended to be a comprehensive representation of all of the Ordinance

provisions and does not substitute for the full text of the draft Ordinance, which is available for review at the Gloucester County Administrator’s office at

6467 Main Street, Gloucester, Virginia, on the web at www.gloucesterva.info and at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York

Crossing Drive, Hayes, Virginia. All interested parties are invited to attend the hearing to express their views.

Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804) 693-4042.

Brenda G. Garton, County Administrator

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AT A MEETING OF THE BOARD OF SUPERVISORS OF GLOUCESTER COUNTY, VIRGINIA, HELD ON WEDNESDAY, NOVEMBER 5, 2014, AT 8:00

P. M., AT THE COLONIAL COURTHOUSE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION MADE BY _________________, AND

SECONDED BY _______________________, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE:

Phillip N. Bazzani, ___; Ashley C. Chriscoe, ___; Christopher A. Hutson, ___;

Andrew James, Jr., ___; John C. Meyer, Jr., ___;

Robert J. Orth, ___; Michael R. Winebarger, ___;

AN ORDINANCE AMENDING GLOUCESTER COUNTY CODE CHAPTER 3 – ANIMAL WELFARE AND CONTROL

WHEREAS, the provisions of Gloucester County’s Code governing animal

welfare and control are contained in Gloucester County Code Chapter 3; and

WHEREAS, recent changes to State law make appropriate amendments to Chapter 3; and

WHEREAS, a duly advertised public hearing was held on November 5, 2014 to receive public comment regarding this ordinance amending Gloucester

County Code Chapter 3 – Animal Welfare and Control; and WHEREAS, the Board finds that this ordinance is appropriate, and is

desirous of amending Chapter 3 of the Gloucester County Code, in accordance with the provisions which follow.

NOW, THEREFORE, BE IT ORDAINED AND ENACTED that the Gloucester County Code Chapter 3 – Animal Welfare and Control, is hereby

amended as follows:

Section 3-2. Definitions:

Remove the definitions of “Animal shelter” and “Pound”

Add the following definitions:

Incorporated means organized and maintained as a legal entity in

the Commonwealth.

Private animal shelter means a facility that is used to house or

contain animals and that is owned or operated by an incorporated,

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nonprofit, and nongovernmental entity, including a humane society,

animal welfare organization, society for the prevention of cruelty to

animals, or any other organization operating for the purpose of finding

permanent adoptive homes for animals.

Public animal shelter means a facility operated by the

Commonwealth, or any locality, for the purpose of impounding or

sheltering seized, stray, homeless, abandoned, unwanted, or surrendered

animals or a facility operated for the same purpose under a contract with

any locality.

Amend the following definitions as follows:

Boarding establishment means a place or establishment other than a

pound or public or private animal shelter where companion animals not

owned by the proprietor are sheltered, fed, and watered in exchange for a fee.

Foster care provider means an individual a person who provides care or

rehabilitation for companion animals through an affiliation with a pound,

public or private animal shelter, home-based rescue, or other releasing

agency, or other animal welfare organization.

Foster home means a private residential dwelling and its surrounding

grounds where, or any facility other than a public or private animal

shelter, at which site through an affiliation with a pound, public or private

animal shelter, or other home-based rescue, releasing agency, or other

animal welfare organization care or rehabilitation is provided for companion

animals.

Home-based rescue means any person or organization that accepts an

animal welfare organization that takes custody of companion animals for

the purpose of facilitating adoption and houses such companion animals

in a foster home or a system of foster homes.

(1) More than twelve (12) companion animals; or

(2) More than nine (9) companion animals and more than three (3)

unweaned litters of companion animals in a calendar year for the

purpose of finding permanent adoptive homes for the companion

animals and houses the companion animals in a private residential

dwelling or uses a system of housing companion animals in private

residential foster homes.

Releasing agency means a pound, (i) a public animal shelter or (ii) a

private animal shelter, humane society, animal welfare organization, society

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for the prevention of cruelty to animals, or other similar entity or home-based

rescue that releases companion animals for adoption.

Vicious dog means a canine or canine crossbreed that has:

(1) Killed a person;

(2) Inflicted serious injury to a person. Serious injury means an

injury having a reasonable potential to cause death or any

injury other than a sprain or strain, including serious

disfigurement, serious impairment of health, or serious

impairment of bodily function and requiring significant

medical attention., including multiple bites, serious

disfigurement, serious impairment of health, or serious

impairment of a bodily function; or

(3) Continued to exhibit the behavior that resulted in a previous

finding by a court or, on or before July 1, 2006, by an animal

control officer as authorized by local ordinance, that it is a

dangerous dog, provided that its owner has been given notice of

that finding.

Amend Section 3-11 as follows:

Sec. 3-11. Notification by individuals finding companion animals.

(a) Any individual who finds a companion animal and (i) provides care

or safekeeping, or (ii) retains a the companion animal in such a

manner as to control its activities shall, within forty-eight (48)

hours:

(1) Make a reasonable attempt to notify the owner of the

companion animal, if the owner can be ascertained from any

tag, license, collar, tattoo, microchip, or other form of

identification or markings, or if the owner of the animal is

otherwise known to the individual; and

(2) Notify the animal control department and inform them where

the companion animal was found and provide contact

information, including a name, a contact telephone number,

a description of the animal, including information from any

tag, license, collar, tattoo, microchip, or other identification

or markings, and the location where the companion animal

was found.

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(b) If any individual finds a companion animal and (i) provides care or

safekeeping, or (ii) retains a the companion animal in such a

manner as to control its activities, the individual shall comply with

the provisions of section 3.2-6503 of the Code of Virginia and

section 3-15 of this article.

(c) Any individual who violates this section shall be subject to a civil

penalty not to exceed fifty dollars ($50.00) per companion animal.

Amend Section 3-15 as follows:

Sec. 3-15. Care of companion animals; penalty.

(a) Each owner or custodian shall provide for each of his companion

animals all the following as defined in section 3.2-6500 of the Code

of Virginia:

(1) Adequate feed;

(2) Adequate water;

(3) Adequate shelter that is properly cleaned;

(4) Adequate space in the primary enclosure for the particular

type of animal depending upon its age, size, species, and

weight;

(5) Adequate exercise;

(6) Adequate care, treatment and transportation; and

(7) Veterinary care when needed to prevent suffering or disease

transmission.

The provisions of this section shall also apply to every public or private

animal shelter, or other releasing agency, and every foster care provider,

pound, dealer, pet shop, exhibitor, kennel, groomer, and boarding

establishment. This section shall not require that animals used as food

for other animals be euthanized.

(b) Game and wildlife species shall be cared for in accordance with

current regulations promulgated by the Virginia Department of Games

and Inland Fisheries.

(c) Violation of this section is a class 4 misdemeanor. A second or

subsequent violation of section 3-15 (a)(1), (2), (3) or (7) is a class 2

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misdemeanor; and a second or subsequent violation of section 3-15

(a)(4), (5) or (6) is a class 3 misdemeanor.

Amend Section 3-15.2 as follows:

Sec. 3-15.2. Abandonment of animals.; penalty.

It shall be unlawful for any owner or custodian to abandon any dog, cat,

or any other animal or fowl or reptile in any public place, including the right-of-

way of any public highway, road or street, or on the property of another.

No person shall abandon or dump any animal. Violation of this section is a Class 3 misdemeanor. Nothing in this section shall be

construed to prohibit the release of an animal by its owner to a public or private animal shelter or other releasing agency.

Amend Section 3-18 as follows:

Sec. 3-18. Animals in enclosed vehicles.

(a) It shall be unlawful to leave any animal in a vehicle without the

benefit of air conditioning when the outside temperature reaches

eighty (80) degrees fahrenheit or greater.

(b) Any person who confines an animal in an unattended vehicle so as

to cause the animal to suffer from heat stress, shall be guilty of a

Class 1 misdemeanor. The animal control officer or other officer

shall have the authority to remove any animal found left in an

enclosed a vehicle that appears to be suffering from heat stress.

The animal shall be provided immediate veterinary care. The

animal owner or custodian shall be responsible for all expenses

incurred during the removal of the animal or its subsequent

treatment and impoundment.

(c) In the event that the person responsible for the violation cannot be

ascertained, the registered owner of the vehicle, as required by

Chapter 6 of Title 46.2 of the Code of Virginia, shall constitute in

evidence a prima facie presumption that such registered owner

was the person who committed the violation.

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Amend Sec. 3-31 as follows:

Sec. 3-31. Amount of license tax, kennel tax; exemptions.

(a) The license tax shall be as follows:

Dog

(Male or Female)

Type of Rabies

Certificate * (up to three (3) years)

License Tax

Unneutered/unsprayed One (1) year Multiyear (up to three (3) years)

$10.00 25.00

Neutered/spayed* One (1) year Multiyear

3.00 8.00

*Evidence from a licensed veterinarian required.

Abatement of the multiyear license tax will be made only in cases where the

rabies certificate expires in less than twelve (12) months. In those cases, the

tax applicable to a one-year certificate will be imposed.

(1) The annual tax for dog kennels shall be as follows:

Number of Dogs ** Up to:

License Tax

5-10 $ 50.00

20 100.00

30 150.00

40 200.00

50 250.00

**Kennel licenses shall be sold in blocks of ten

Duplicate licenses to replace current previously purchased licenses shall

be issued by the treasurer's office for one dollar ($1.00) per tag.

(b) No license tax shall be levied on any dog that is trained and serves

as a guide dog for a blind person, or that is trained and serves as a

hearing dog for a deaf or hearing-impaired person, or that is

trained and serves as a service dog for a mobility-impaired person

or otherwise disabled person. As used in this section, the term

"hearing dog" means a dog trained to alert its owner by touch, to

sounds of danger and sounds to which the owner should respond,

and a "service dog" means a dog trained to accompany its owner

for the purpose of carrying items, retrieving objects, pulling a

wheelchair, or other such activities of service or support.

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Terms used in this section are defined as follows:

Hearing dog means a dog trained to alert its owner by touch

to sounds of danger and sounds to which the owner should

respond.

Mobility-impaired person means any person who has

completed training to use a dog for service or support because

he is unable to move about without the aid of crutches, a wheelchair, or any other form of support or because of limited

functional ability to ambulate, climb, descend, sit, rise, or perform any related function.

Otherwise disabled person means any person who has a

physical, sensory, intellectual, developmental, or mental

disability or a mental illness.

Service dog means a dog trained to do work or perform tasks

for the benefit of a mobility-impaired or otherwise disabled

person. The work or tasks performed by a service dog shall be directly related to the individual's disability or disorder. Examples of work or tasks include providing nonviolent

protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an individual to the presence of allergens, retrieving items, carrying items,

providing physical support and assistance with balance and stability, and preventing or interrupting impulsive or

destructive behaviors. The provision of emotional support, well-being, comfort, or companionship shall not constitute work or tasks for the purposes of this definition.

Amend Section 3-38 as follows:

Sec. 3-38. Dangerous and vicious dogs.

(a) As used in this section:

(1) Dangerous dog means a canine or canine crossbreed that

has bitten, attacked, or inflicted injury on a person or

companion animal that is a dog or cat, or killed a companion

animal that is a dog or cat. However, when a dog attacks or

bites a companion animal that is a dog or cat, the attacking

or biting dog shall not be deemed dangerous:

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a. If no serious physical injury as determined by a

licensed veterinarian has occurred to the dog or cat as

a result of the attack or bite;

b. If both animals are owned by the same person;

c. If such attack occurs on the property of the attacking

or biting dog's owner or custodian; or

d. For other good cause as determined by the court. No

dog shall be found to be a dangerous dog as a result of

biting, attacking, or inflicting injury on a dog or cat

while engaged with an owner or custodian as part of

lawful hunting or participating in an organized, lawful

dog-handling event. No dog that has bitten, attacked,

or inflicted injury on a person shall be found to be a

dangerous dog if the court determines, based on the

totality of the evidence before it, that the dog is not

dangerous or a threat to the community.

(2) Vicious dog means a canine or canine crossbreed that has:

a. Killed a person;

b. Inflicted serious injury to a person. "Serious injury"

means an injury having a reasonable potential to

cause death or any injury other than a sprain or

strain, including serious disfigurement, serious

impairment of health, or serious impairment of

bodily function and requiring significant medical

attention., including multiple bites, serious

disfigurement, serious impairment of health, or

serious impairment of a bodily function; or

c. Continued to exhibit the behavior that resulted in a

previous finding by a court or on or before July 1,

2006, by an animal control officer as authorized by

local ordinance, that it is a dangerous dog, provided

that its owner has been given notice of that finding.

(b) Any law enforcement officer or animal control officer who has

reason to believe that a canine or canine crossbreed within the

county is a dangerous dog or vicious dog shall apply to a

magistrate serving the county for the issuance of a summons

requiring the owner or custodian, if known, to appear before the

general district court at a specified time. The summons shall

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advise the owner of the nature of the proceeding and the matters at

issue. If a law enforcement officer successfully makes an

application for the issuance of a summons, he shall contact the

local animal control officer and inform him of the location of the

dog and the relevant facts pertaining to his belief that the dog is

dangerous or vicious. The animal control officer shall confine the

animal until such time as evidence shall be heard and a verdict

rendered. If the animal control officer determines that the owner or

custodian can confine the animal in a manner that protects the

public safety, he may permit the owner or custodian to confine the

animal until such time as evidence shall be heard and a verdict

rendered. The court, through its contempt powers, may compel the

owner, custodian or harborer of the animal to produce the animal.

If, after hearing the evidence, the court finds that the animal is a

dangerous dog, the court shall order the animal's owner to comply

with the provisions of this section. If, after hearing the evidence,

the court finds that the animal is a vicious dog, the court shall

order the animal euthanized in accordance with the provisions of

section 3.2-6562 of the Code of Virginia. The court, upon finding

the animal to be a dangerous or vicious dog, may order the owner,

custodian, or harborer thereof to pay restitution for actual

damages to any person injured by the animal or whose companion

animal was injured or killed by the animal. The court, in its

discretion, may also order the owner to pay all reasonable

expenses incurred in caring and providing for such dangerous

dog from the time the animal is taken into custody until such

time as the animal is disposed of or returned to the owner.

The procedure for appeal and trial shall be the same as provided

by law for misdemeanors. Trial by jury shall be as provided in

Article 4 (section 19.2-260 et seq.) of Chapter 15 of Title 19.2 of the

Code of Virginia. The commonwealth or county shall be required to

prove its case beyond a reasonable doubt.

(c) No canine or canine crossbreed shall be found to be a dangerous

dog or vicious dog solely because it is a particular breed, nor is the

ownership of a particular breed of canine or canine crossbreed

prohibited. No animal shall be found to be a dangerous dog or

vicious dog if the threat, injury or damage was sustained by a

person who was:

(1) Committing, at the time, a crime upon the premises

occupied by the animal's owner or custodian;

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(2) Committing, at the time, a willful trespass upon the

premises occupied by the animal's owner or custodian;

or

(3) Provoking, tormenting, or physically abusing the

animal, or can be shown to have repeatedly provoked,

tormented, abused, or assaulted the animal at other

times. No police dog that was engaged in the

performance of its duties as such at the time of the

acts complained of shall be found to be a dangerous

dog or a vicious dog. No animal that, at the time of the

acts complained of, was responding to pain or injury,

or was protecting itself, its kennel, its offspring, a

person, or its owner's or custodian's property, shall be

found to be a dangerous dog or a vicious dog.

(d) If the owner of an animal found to be a dangerous dog is a minor,

the custodial parent or legal guardian shall be responsible for

complying with all requirements of this section.

(e) The owner of any animal found to be a dangerous dog shall, within

forty-five (45) days of such finding, obtain a dangerous dog

registration certificate from the animal control department after a

fee of one hundred fifty dollars ($150.00) is paid to the treasurer's

office, in addition to other fees that may be authorized by law. The

treasurer's office shall also provide the owner with a uniformly

designed tag that identifies the animal as a dangerous dog. The

owner shall affix the tag to the animal's collar and ensure that the

animal wears the collar and tag at all times. By January 31 of each

year, until such time as the dangerous dog is deceased, all

certificates obtained pursuant to this subsection shall be updated

and renewed for a fee of eighty-five dollars ($85.00) and in the

same manner as the initial certificate was obtained. The animal

control officer shall post registration information on the Virginia

Dangerous Dog Registry.

(f) All dangerous dog registration certificates or renewals thereof

required to be obtained under this section shall only be issued to

persons eighteen (18) years of age or older who present satisfactory

evidence:

(1) Of the animal's current rabies vaccination, if

applicable;

(2) That the animal has been neutered or spayed; and

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(3) That the animal is and will be confined in a proper

enclosure, or is and will be confined inside the owner's

residence, or is and will be muzzled and confined in

the owner's fenced-in yard until the proper enclosure

is constructed. In addition, owners who apply for

certificates or renewals thereof under this section shall

not be issued a certificate or renewal thereof unless

they present satisfactory evidence that:

a. Their residence is and will continue to be posted

with clearly visible signs warning both minors

and adults of the presence of a dangerous dog

on the property; and

b. The animal has been permanently identified by

means of a tattoo on the inside thigh or by

electronic implantation.

All certificates or renewals thereof required to be obtained under this section

shall only be issued to persons who present satisfactory evidence that the

owner has liability insurance coverage, to the value of at least one hundred

thousand dollars ($100,000.00), that covers animal bites. The owner may

obtain and maintain a bond in surety, in lieu of liability insurance, to the value

of at least one hundred thousand dollars ($100,000.00).

(g) While on the property of its owner, an animal found to be a

dangerous dog shall be confined indoors or in a securely enclosed

and locked structure of sufficient height and design to prevent its

escape or direct contact with or entry by minors, adults, or other

animals. While so confined within the structure, the animal

shall be provided for according to Va. Code Section 3.2-6503.

The structure shall be designed to provide the animal with shelter

from the elements of nature. When off its owner's property, an

animal found to be a dangerous dog shall be kept on a leash and

muzzled in such a manner as not to cause injury to the animal or

interfere with the animal's vision or respiration, but so as to

prevent it from biting a person or another animal.

(h) The owner shall cause the local animal control officer to be

promptly notified of:

(1) The names, addresses, and telephone numbers of all owners;

(2) All of the means necessary to locate the owner and the dog

at any time;

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(3) Any complaints or incidents of attack by the dog upon any

person or cat or dog;

(4) Any claims made or lawsuits brought as a result of any

attack;

(5) Tattoo or chip Chip identification information or both;

(6) Proof of insurance or surety bond; and

(7) The death of the dog.

(i) After an animal has been found to be a dangerous dog, the

animal's owner shall immediately, upon learning of same, cause

the animal control department to be notified if the animal:

(1) Is loose or unconfined;

(2) Bites a person or attacks another animal; or

(3) Is sold, given away, or dies.

Any owner of a dangerous dog who relocates to a new address shall, within ten

(10) days of relocating, provide written notice to the animal control department

of the old address from which the animal has moved and the new address to

which the animal has been moved.

(j) Any owner or custodian of a canine or canine crossbreed or other

animal is guilty of a:

(1) Class 2 misdemeanor, if the canine or canine crossbreed

previously declared a dangerous dog pursuant to this

section, when such declaration arose out of a separate and

distinct incident, attacks and injures or kills a cat or dog

that is a companion animal belonging to another person;

(2) Class 1 misdemeanor if the canine or canine crossbreed

previously declared a dangerous dog pursuant to this

section, when such declaration arose out of a separate and

distinct incident, bites a human being or attacks a human

being causing bodily injury; or

(3) Class 6 felony, if any owner or custodian whose willful act or

omission in the care, control, or containment of a canine,

canine crossbreed, or other animal is so gross, wanton, and

culpable as to show a reckless disregard for human life, and

is the proximate cause of such dog or other animal attacking

and causing serious bodily injury to any person. Such

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conduct shall be charged under section 3.2-6540(J)(3) of the

Code of Virginia.

The provisions of this subsection shall not apply to any animal that, at the time

of the acts complained of, was responding to pain or injury, or was protecting

itself, its kennel, its offspring, a person, or its owner's or custodian's property,

or when the animal is a police dog that is engaged in the performance of its

duties at the time of the attack.

(k) The owner of any animal that has been found to be a dangerous

dog, who willfully fails to comply with the requirements of this

section, is guilty of a Class 1 misdemeanor.

Whenever an owner or custodian of an animal found to be a dangerous dog is charged with a violation of this section, the

animal control officer shall confine the dangerous dog until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the

owner, custodian, or harborer of the animal to produce the animal.

Upon conviction, the court may (i) order the dangerous dog to be disposed of by a local governing body pursuant to Va. Code

Section 3.2-6562 or (ii) grant the owner up to 45 days to comply with the requirements of this section, during which

time the dangerous dog shall remain in the custody of the animal control officer until compliance has been verified. If the owner fails to achieve compliance within the time

specified by the court, the court shall order the dangerous dog to be disposed of by the county pursuant to Va. Code Section

3.2-6562. The court, in its discretion, may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into

custody until such time that the animal is disposed of or returned to the owner.

(l) All fees collected pursuant to this section, less the costs incurred

by the animal control department in producing and distributing

the certificates and tags required by this section and fees due to

the State Veterinarian for maintenance of the Virginia Dog

Registry, shall be paid into a special dedicated fund in the treasury

of the county for the purpose of paying the expenses of any

training course required under section 3.2-6556 of the Code of

Virginia.

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Amend Sec. 3-57 as follows:

Sec. 3-57. Destruction or confinement of dog, cat, or any other animal bitten

by a rabid animal.

Any dog or cat, for which no proof of current rabies vaccination is

available, and that may have been exposed to rabies through a bite, or through

saliva or central nervous system tissue, in a fresh open wound or mucous

membrane, by an animal suspected to be rabid, shall be isolated in a pound

public animal shelter, kennel, or enclosure approved by the local health

department for a period not to exceed six months at the expense of the owner

or custodian in a manner and by a date certain as determined by the local

health director. A rabies vaccination shall be administered by a licensed

veterinarian prior to release. Inactivated rabies vaccine may be administered at

the beginning of isolation. Any dog or cat so bitten, or exposed to rabies

through saliva or central nervous system tissue, in a fresh open wound or

mucous membrane with proof of current vaccination, shall be revaccinated by

a licensed veterinarian immediately following the exposure and shall be

confined to the premises of the owner or custodian, or other site as may be

approved by the local health department at the expense of the owner or

custodian, for a period of 45 days. If the local health director determines that

isolation is not feasible or maintained, such dog or cat shall be euthanized by

one of the methods approved by the State Veterinarian as provided in Va. Code

§ 3.2-6546. The disposition of such dogs or cats not so confined shall be at the

discretion of the local health director.

A copy teste:

______________________________________ Brenda Garton, County Administrator

PUBLIC HEARING NOTICE Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public Hearing on Wednesday, November 5, 2014 beginning at 8:00 p.m. in the Colonial Courthouse, 6504 Main Street Gloucester, Virginia to consider the following:

Rezoning Z-13-01- An application by contract purchaser Zandler Development Company, LLC; and owners American Legion Post 75 and William H. Nix Revocable Trust, to amend the Gloucester County Zoning map to reclassify 38.6+/- acres from B-1, Business and SC-1, Suburban Countryside to B-1, Business (conditional) and MF-1, Medium Density Multifamily (conditional). The purpose of the application is to develop the site with a new American Legion Building, commercial, and apartment units. The property is located in the Abingdon Magisterial District on the east side of George Washington Memorial Highway (US Route 17) across from the Gloucester Business Park at the intersection of Canon Way (SR 780). It is identified as tax map 39 parcel 208 and tax map 39A(1) parcel 7A. The applicant is proposing to develop the site by constructing a new building and parking area for the American Legion Post 75. In addition, the applicants propose 218 apartment units in 18 buildings, as well as two commercial sites along the property’s frontage on US Route 17. The site’s entrance will be through the signalized intersection at Canon Way (SR 780). The Comprehensive Plan identifies this area as part of the Development District with a designation of “Suburban Residential” with a density of two units per acre. The Court House Village Plan identifies the area as “Business Mixed-Use” along the portion fronting on US Route 17 and “Mixed Residential Expansion” for the remainder of the site. A complete copy of the ordinance is available for review at the Gloucester County Administrator’s office at 6467 Main Street, Gloucester, Virginia, on the web at www.gloucesterva.info and at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York Crossing Drive, Hayes, Virginia. All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804) 693-4042.

Brenda G. Garton, County Administrator

TAX MAP NO.: 39-208 and 39A-i-7A

Return to:Office of the County Attorney

7400 Justice DriveP. 0. Box 1309

Gloucester, VA 23061

PROFFER STATEMENT

APPLICATION Z-13-O1

WHEREAS, American Legion Post 75 Gloucester, is the owner of certain real

property known as Tax Map No. 39-208 located in the Abingdon Magisterial District,

Gloucester County, Virginia; and

WHEREAS, William H. Nix Revocable Trust, do William Boyd Nix, Trustee, is the

owner of certain real property known as Tax Map No. 39A-I-7A located in the Abingdon

Magisterial District, Gloucester County, Virginia; and

WHEREAS, Zandler Development Company, LLC, is the contract purchaser

collectively of all of the combined, previously described Tax Map parcels containing a

total of approximately 38.60 acres, which is more particularly described in Exhibit A-i

and Exhibit B-i (the “Property”), (All parties mentioned above are collectively referred to

herein as “the Owner”); and

WHEREAS, the portion of the Property described in Exhibit A-I is further

described and shown on that certain plat of survey entitled “Plat showing Survey of the

Land being conveyed to Zandler Development Co. located in the Abingdon District,

Gloucester County, Virginia”, prepared by Bay Design Group, dated September 20,

2013, and is on file with the Gloucester County Department of Planning and Zoning; and

WHEREAS, the portion of the Property described in Exhibit B-i is further

described and shown on that certain plat of survey “Plat showing Boundary of the Land

to be conveyed to Zandler Development Co. located in the Abingdon District, Gloucester

1

County, Virginia”, prepared by Bay Design Group, dated March 21, 2013, and is on file

with the Gloucester County Department of Planning and Zoning; and

WHEREAS, the Owner has filed an application to rezone (the “Rezoning

Application”) the Property from current zoning of 36.35 acres, more or less, Suburban

Countryside (SC-I) and 2.26 acres, more less, Business (B-i) to 27.43 acres, more or

less, Medium Density Multifamily Residential (ME-I), Conditional and 11.17 acres, more

or less, Business (B-i), Conditional, pursuant to the Gloucester County Zoning

Ordinance (the “Zoning Ordinance”); and

WHEREAS, the Owner desires to voluntarily proffer to Gloucester County (the

“County”) certain conditions in connection with the development of the Property for the

protection and enhancement of the County and its citizens and to provide for the orderly

development of the Property; and

WHEREAS, the County is authorized to accept these proffers pursuant to the

Code of Virginia, and the Zoning Ordinance.

NOW, THEREFORE, the Owner agrees to meet and comply with the following

proffers in connection with the development of the Property should the Owner’s

application to rezone the Property be approved:

PROFFERS

I. Master Plan. The Owner has filed with the County a plan of development entitled

“Carriage Point, Conceptual Plan of Development” prepared by Zandler Development

Company, LLC and AES Consulting Engineers dated October 2, 2013 (the “Master

Plan”) which is part of the Rezoning Application and is on file with the Gloucester County

Department of Planning and Zoning. The Property shall be developed generally in

accordance with the Master Plan with only changes thereto that the County

Administrator or his/her authorized designee reasonably determines do not alter the

2

basic concept or character of the development; provided, however, such development

shall be expressly subject to such changes in configuration, composition and location as

required by all other governmental authorities having jurisdiction over such development.

2. Number of Residential Units. There shall be no greater than 218 multifamily

dwelling units within the MF-1 zoning district on the Property.

3. Uses within B-I Zoning District The following uses shall be prohibited in the

portion of the property zoned Business (B-i):

a. Cabaret

b. Adult Bookstore

c. Tattoo Parlor

d. Motor Lodge

Except as otherwise provided in these proffers, the permitted uses on the Property shall

be those presently permitted in the B-i, General Business zone and such other uses as

the County may hereafter adopt as permitted uses in the B-I, General Business zone.

4. Architectural Design and Construction. Owner shall construct the residential

buildings located on the Property generally consistent with the architectural elevations,

styles and renderings embodied in the Project Narrative entitled “Project Narrative for

the Rezoning if American Legion — Post 75 and Carriage Point” prepared by Zandler

Development Company, LLC (the “Project Narrative”) submitted as a part of the

Rezoning Application and on file with the Gloucester County Department of Planning

and Zoning. The design and construction of structures on the Property shall comply with

the following:

a. All structures shall have 35-year architectural shingles or comparable

material.

b. All structures shall have facades consisting of brick, stone, vinyl siding,

“HardiePlank®” or comparable material, or a combination thereof.

3

5. Recreation and Community Center. The owner of the “Multifamily Parcel” as

identified on the Master Plan shall provide a Recreation and Community Center facility,

serving the Multifamily Parcel, consisting of at least 1,500 square feet of conditioned

space. This facility will be built prior to the request for certificate of occupancy of the 6?t

residential unit.

6. Cash Contributions. A cash contribution in the amount of $500.00 for each

residential dwelling unit constructed on the Multifamily Parcel shall be made to the

County in order to mitigate impacts on the County from the physical development and

operation of that portion of the Property. The County may use these funds for any

project in the County’s capital improvement plan, the need for which is generated in

whole or in part by the physical development and operation of the Property, including,

without limitation, for emergency services, fire, rescue, law enforcement, library, parks,

schools, off-site roadway improvements and/or public use sites. This contribution shall

be payable for each described dwelling unit on the Multifamily Parcel at the time of

request for certificate of occupancy for such unit.

7. Open Space. The Property shall include open space as generally shown on the

Master Plan. The open space and any related improvements located on the Property

shall be maintained by the owner of the portion of the Property on which such open

space and any related improvements are located.

8. Private Streets. All private streets, exclusive of parking areas, on the Property

shall be constructed in conformance with VDOT construction standards, for reasonably

comparable street sections. Owner shall have a professional engineer inspect the

streets and certify that the private streets meet the referenced standards and provide a

copy of the certification to the Zoning Administrator. The private streets, sidewalks,

streetlights, streetscape and any other related improvements located on the Property

serving more than one parcel shall be maintained by the owners of the portion of the

4

Property served by such improvements in accordance with one or more maintenance

agreements which establish a mechanism for sharing the cost of maintenance among

such property owners.

9. Sidewalks. Sidewalks shall be installed on the Property as shown on the Master

Plan at the time that the adjacent portion of the associated street is~ constructed.

Sidewalks shall be five feet wide, four inches thick and meet any applicable

requirements of the Americans with Disabilities Act.

10. Archaeology. A Phase I Archaeological Study for the entire Property shall be

submitted to the Zoning Administrator or his/her designee for review by the Virginia

Department of Historic Resources (VDHR) prior to site plan approval. If the Phase I

evaluation recommends any site(s) for Phase II evaluation, then prior to any land

disturbance on such site(s) a Phase II evaluation shall be submitted to and approved by

the Zoning Administrator or his/her designee for such site(s) proposed for land

disturbance. If a Phase II study is undertaken and recommends any site(s) for Phase Ill

evaluation, then prior to any land disturbance on such site(s) a Phase Ill evaluation shall

be submitted to and approved by the Zoning Administrator or his/her designee for such

site(s) proposed for land disturbance. All Phase I, Phase II, and Phase Ill studies shall

meet the Virginia Department of Historic Resources’ Guidelines for Preparing

Identification and Evaluation Reports for Submission Pursuant to Sections 106 and 110,

National Historic Preservation Act, Environmental Impact Reports of State Agencies,

Virginia Appropriations Act, 1998 Session Amendments and Guidelines for Archeological

Investigations in Virginia June 1996 and shall be conducted under the supervision of a

qualified archaeologist who meets the qualifications set forth in the Secretary of the

Interiors Professional Qualification Standards. Upon approval by the County

Administrator or his/her designee, all treatment plans shall be incorporated into the plan

5

of development for the Property and the clearing, grading or construction activities

thereon.

11. Traffic Improvements. The following traffic improvements (the “Traffic

Improvements”) shall be completed or “Guaranteed” (hereinafter defined) prior to

issuance of a certificate of occupancy for the first residential or commercial building on

the Property (excluding, however, any building and improvements located on the

“American Legion Parcel” as identified on the Master Plan):

a. At the entrance from U.S. Route 17 northbound into the Property, a 200

foot right turn lane and a 200 foot right turn taper shall be constructed.

b. The existing northbound left turn lane on U.S. Route 17 to Canon Way

shall be extended to be a total of 300 feet in length with a 200 foot left

turn taper..

c. The existing traffic signal at U.S. Route 17 and Canon Way shall be

modified to accommodate the proposed development of the Property.

The design of the traffic signal modifications shall include a pedestrian

crosswalk and pedestrian signal. Owner shall not be required to install

the pedestrian crosswalk and signal, however, Owner shall install all

underground conduits required to accommodate the pedestrian crosswalk

and signal.

The Traffic Improvements shall be constructed in accordance with applicable Virginia

Department of Transportation standards. In the event the average number of total daily

vehicle trips into and out of the Property (as measured at the entrance tolexit from the

Property at U.S. Route 17) exceeds 3,057 trips, then the Owner shall update its traffic

study submitted in connection with the Rezoning Application and shall make or

Guarantee any additional traffic improvements recommended by the updated study for

which the need is based solely upon an increase in the actual vehicle trips entering and

6

exiting the Property over that projected in the original traffic study (the “Additional Traffic

Improvements”). Regardless of whether the Owner elects to make or Guarantee the

Additional Traffic Improvements, the Additional Traffic Improvements shall be

constructed prior to issuance of a certificate of occupancy for any improvements that are

to be located on the Property and are not the subject of a validly issued building permit

prior to the updated traffic study.

12. Phasing and Performance Guarantees.

a. The Property will be developed in phases consistent with that certain

phasing plan entitled “Phasing Plan for Carriage Point”, prepared by Zandler

Development Company (the “Phasing Plan”), which is part of the Rezoning Application

and is on file in the Gloucester County Department of Planning and Zoning. Except as

may otherwise be provided herein, the imprOvements described on the Phasing Plan

under the heading “Phasing Plan” shall be constructed or guaranteed (“Guaranteed”) in

accordance with Section 15.2-2299 of the Virginia Code as follows:

The improvements described under the heading “Phase 1” on the

Phasing Plan shall be constructed or Guaranteed prior to issuance of a certificate of

occupancy for any building on the area shown as Phase 1 on the Phasing Plan;

The improvements described under the heading “Phase 2” on the

Phasing Plan shall be constructed or Guaranteed prior to issuance of a certificate of

occupancy for any building on the area shown as Phase 3 on the Phasing Plan.

The aforementioned improvements shall be Guaranteed by a surety approved by the

County in an amount equal to a reasonable estimate of the cost of the improvements or

the unfinished portion thereof.

b. The Zoning Administrator or Subdivision Agent, after consideration of any

estimates submitted, shall reasonably determine (for the purposes of establishing

7

required surety and allowing the partial release thereof) the construction cost of any

improvements and the estimated value of work completed.

c. Periodic partial releases of sureties shall be granted by the Zoning

Administrator or Subdivision Agent upon satisfactory completion of a portion of the

improvements or other obligations secured in an amount equal to the cost of

construction of the portion of the improvements satisfactorily completed. No such partial

release shall be requested until 30% completion of the improvements for which release

is sought, and no more than three (3) periodic partial releases shall be executed in any

twelve (12) month period. The Zoning Administrator or Subdivision Agent shall not

release more than 90% of the original amount of total surety until all secured

improvements and obligations have been completed.

13. Successors and Assigns. These Proffers shall run with the title to the Property

and shall be binding on the parties hereto and their respective successors and assigns;

provided, however, (a) proffers contained herein that address only certain portions of the

Property shall be limited in application to and only run with the title such parcel or

parcels containing such portions of the Property, and (b) once a party ceases to own any

portion of the Property, such party shall have no continuing liability hereunder.

14. Severability. In the event that any clause, sentence, paragraph, subparagraph,

section or subsection of these Proffers shall be judged by any court of competent

jurisdiction to be invalid or unenforceable for any reason, including a declaration that it is

contrary to the Constitution of the Commonwealth of Virginia or the United States, or if

the application thereof to any owner of any portion of the Property or to any government

agency is held invalid, such judgment or holding shall be confined in its operation to the

clause, sentence, paragraph, subparagraph, section, subsection or provision hereof, or

the specific application thereof directly involved in the controversy in which the judgment

or holding shall have been rendered or made, and shall not in any way affect the validity

8

of any other clause, sentence, paragraph, subparagraph, section, subsection or

provision hereof.

15. Headings. All paragraph and subparagraph headings of the Proffers herein are

for convenience only and are not part of these Proffers.

16. Conflicts. In the event that there is any conflict between these Proffers and the

Zoning Ordinance, the conflict shall be resolved by the County’s Zoning Administrator

subject to the appeal process to the Board of Supervisors and the Courts as otherwise

provided by law.

17. Void if Application not Approved. In the event that the Application is not

approved by the County or is overturned by subsequent judicial determination, these

Proffers and the Master Plan shall be null and void.

~Signatures located on succeeding pages]

9

[Signature Page to Proffer Statement Z-13-011

WITNESS the following signature and seal:

COMMONWEALTH OF VIRGINIACOUNTY OF GLOUCESTER, to wit:

Zandler Development Company, LLC

By: iR. Keith Bafrack, Manag ng Member

By: ~≤24I1O R:’f?~~~ ~Charles B. Records, anaging Member

The foregoing instrument was acknowledged before me this ~7~[ day of

o ‘. .., ._ , 2014 by R. Keith Barrack.

My commission expires: 9 31 I tcRegistration number:

COMMONWEALTH OF VIRGINIACOUNTY OF GLOUCESTER, to wit:

V Lre\t ot-Public

JOyce Lynn MoarattyCommonwealth of Virginia

Notary PublicCommission No. 176643

My Comm ss or Exp;res 07131(2015

The foregoing instrument was acknowledged before me this ~2j day of

2014 by Charles B. Records.

My commission expires:Registration number:

a~ a1~ta ruilic

Joyce Lynn MoarattyCommonwealth of Virginia

Notary PublicCommission No. 176643

My Commission Expires 07/31/2015

V

[Signature Page to Proffer Statement Z-13-O1]

William H. Nix Revocable Trust, do William Boyd Nix, Trustee, the owner of certain

real property known as Tax Map No. 39A-1-7A, signs these proffers to bind the Property

as set forth hereinabove.

William H. Nix Revocable Trust

B~Yz~.Z~ ~/~772~(7~tWilliam Boyd Nix, Trustee

COMMONWEALTH OF VIRGINIACOUNTY OF GLOUCESTER, to wit:

The foregoing instrument was acknowledged before me this .j~ day of

__________ 2014 by William Boyd Nix.

,, Notary Public C.)My commission expires: t13~1 I?Registration number:7S R’O&JV

11

[Signature Page to Proffer Statement Z-1 3-011

American Legion Post 75 Gloucester, the owner of certain real property known as

Tax Map No. 39-208, signs these proffers to bind the Property as set forth hereinabove.

American Legion Post 75 Gloucester

obert W. Berry, Trustee /

By:________________Harold Cleveland, Trustee

By:________________,,~2p’t. Wicker, Trustee

B~2~M1~41~Suzanne R. Brosemer, Trustee

12

COMMONWEALTH OF VIRGINIACOUNTY OF GLOUCESTER, to wit:

The foregoing instrument was acknowledged before me this 2L9’~’ day of

Oe!-n’~ ~- , 2014 by Robert W. Berry.

/~otary Public/ JULIE ANN COATES

My commission expires:_~-‘ NOTARY PUBLICRegistration number: ZS’0f3P Commonwealth of Virginia

Reg. #280830,My Commission Expires ‘~‘~

COMMONWEALTH OF VIRGINIACOUNTY OF GLOUCESTER, to wit:

The foregoing instrument was acknowledged before me this — day of

2014 by Harold Cleveland.

Notary PublicMy commission expires:___________Registration number:________________

COMMONWEALTH OF VIRGINIACOUNTY OF GLOUCESTER, to wit:

The foregoing instrument was acknowledged before me this day of

___________ 2014 by John T. Wicker.

O4—~ ~iz~/ Notary ~ibIic

My commission expires: &St’- et”gRegistration number 7~fc’7SO tJUE ANN COATES

NOTARY PUBLICC’~,nunonwealth of Virginia

Reg. #280830,~,~:flFCsion Expires ~

13

COMMONWEALTH OF VIRGINIACOUNTY OF GLOUCESTER, to wit:

The foregoing instrument was acknowledged before me this day of

Ocrobe~ , 2014 by James E. Coates.

t~6tary Pu in

NOTARY PUBLICMy commission expires: ~~ 1 JULIE ANN COATESRegistration number: 2 t”&”~’ Commonwealth of Virginia

Reg.#280830My Commission Expires ~

COMMONWEALTH OF VIRGINIACOUNTY OF GLOUCESTER, to wit:

The foregoing instrument was acknowledged before me this /J~’ day of

OcrQ~~w , 2014 by Kenneth E. Godfrey

/ Notary I5ublic

Registration number: 2~’4~0 NOTARY PUBLIC 1My commission expires: h-39—zc?W JULIE ANN COATES

Commonwealth of VirginiaReg. #280830 ‘I

My Commission Expires

COMMONWEALTH OF VIRGINIACOUNTY OF GLOUCESTER, to wit:

The foregoing instrument was acknowledged before me this jf~’ day of

____________ 2014 by Suzanne R. Brosemer.

/i’i~ary pTi~iicMy commission expires: &-30-Zt*( __________________________

NOTARY PUBLICRegistration number: ~~&e’3O JULIE ANN COATES

Commonwealth of VirginiaReg. #280830

My Commission Expires

14

Acceptance:

The Proffers herein have been accepted as foflows: (LAII~ or list specific proffers

accepted)

by action of the Board of Supervisors on ___________________________

County Administrator

15

C) CEXHIBIT A-i

METES AND BOIH%IDS DESCRIPTIONOF TAX MAP 39 PARCEL 208

BEGINNING AT AN IRON STOB AT THE NORTHWEST CORNER OF THE SUBJECTPROPERTY. SAID IRON STOB BEING THE POINT OF BEGINNING AND BEING 26.49SOUTH OF A VIRGINIA DEPARTMENT OF HIGHWAYS MONUMENT FOUND ON THEEAST RIGHT-OF-WAY OF U.S. ROUTE 17 (GEORGE WASHINGTON MEMORIALHIGHWAY) AT STATION 491+87.38. THENCE, DEPARTING THE RIGHT-OF-WAY OFSAID U.S. ROUTE 17, ALONG THE LAND NOW OR FORMERLY OF WARNER ATI-IEY,NORTH 55°39’56” EAST 522.12 FEET TO A CONCRETE MONUMENT FOUND. THENCE,ALONG THE LANDS NOW OR FORMERLY OF WARNER ATHEY AND CARMEN R.STANFORD, NORTH 05°20’03” WEST 909.64 FEET TO AN IRON ROD SET. THENCE,ALONG THE LAND NOW OR FORMERLY OF WHEAT FAMILY LIMITEDPARTNERSHIP THE FOLLOWING COURSES AND DISTANCES: SOUTH 73°22’29” EAST20.05 FEET TO AN IRON ROD SET. THENCE, NORTH 30045)32 EAST 79.70 FEET TO ANRON PIPE FOUND. THENCE, ALONG THE LAND NOW OR FORMERLY OF OLIN D. &LISA K. COOPER THE FOLLOWING COURSES AND DISTANCES: SOUTH 89°41’Ol”EAST 38.80 FEET TO AN IRON PIPE FOUND. THENCE, NORTH 85°01’13” EAST 108.25FEET TO AN 18” GUM. THENCE, SOUTH 89°19’OO” EAST 96.38 FEET TO A 30” BEECH.THENCE, NORTH 85°44’40” EAST 220.26 FEET TO AN IRON ROD FOUND. THENCE,SOUTH 84°59’OS” EAST 222.20 FEET TO A BEECH SNAG. THENCE, SOUTH 85°22’05”EAST 123.28 FEET TO AN AXLE FOUND. THENCE, NORTH 06°01’46” WEST 36.47 FEETTO AN IRON ROD SET. THENCE, ALONG THE LAND NOW OR FORMERLY OFDUNSTON HALL, LLC, SOUTH 700541480 EAST 153.44 FEET TO A 14” BEECH. THENCESOUTH 70°54’48” EAST 43.41 FEET TO AN IRON PIPE FOUND. THENCE, SOUTH530 1602” EAST 60.00 FEET TO AN IRON ROD SET. THENCE, ALONG THE LAND NOW

OR FORMERLY OF JEFFREY A. & DANA M. TEAGLE SOUTH 36°43’58” EAST 39.11FEET TO AN IRON ROD SET. THENCE, SOUTH 15°14’40” WEST 318.80 FEET TO ANIRON ROD SET. THENCE SOUTH 10007090 WEST 219.20 FEET TO AN IRON ROD SET.THENCE, SOUTH 33°38’04” WEST 124.00 FEET TO AN IRON ROD SET. THENCE,SOUTH 00°38’SO” WEST 257.34 FEET TO AN RON ROD SET.THENCE, ALONG THELANDS NOW OR FORMERLY OF DANIEL C. HOGGE, CHRISTOPHER K. & THERESAA. MONTROY, CHARLES M. & TWYLA J. THOMPSON, RICHARD G. & JOELLA T.LYETH, JOHN W. & ANGELA M~ SWISHER, RANIJALL R. WILLIAMS LWING TRUST,AN)) WILLIAM HENRY NIX REVOCABLE TRUST THE FOLLOWING COURSES ANDDISTANCES: SOUTH 55°39’53” WEST 220.00 FEET TO AN IRON PIPE FOUND. THENCE,SOUTH 55°38’Sl” WEST 1151.86 FEET To AN RON ROD FOUND ON THE EASTERNRIGHT-OF-WAY OF U.S. ROUTE 17 (GEORGE WASHINGTON MEMORIAL HIGHWAY).THENCE, ALONG SAID RIGHT-OF-WAY OF U.S. ROUTE 17, NORTH 34°20’37” WEST599.98 FEET TO AN IRON STOB. SAID IRON STOB BEING THE POINT OF BEGINNINGAND CONTAINING 37.6369 ACRES.

C)

EXHIBIT B-i

METES AND BOUNDS DESCRIPTIONOF TAX MAP 39A(i) PARCEL 7A

BEGINNING AT AN IRON ROD AT THE NORTHWEST CORNER OF THE SUBJECTPROPERTY. SAID RON ROD BEING THE POINT OF BEGINNING AND BEING 626.47’SOUTH OF A VIRGINIA DEPARTMENT OF HIGHWAYS MONUMENT FOUND ON THEEAST RIGHT-OF-WAY OF U.S. ROUTE 17 (GEORGE WASHINGTON MEMORIALHIGHWAY) AT STATION 491+87.38. THENCE, DEPARTING THE RIGHT-OF-WAY OFSAID U.S. ROUTE 17, ALONG THE LAND NOW OR FORMERLY OF AMERICANLEGION POST NO. 75, NORTH 55°38’51” EAST 421.40 FEET TO AN IRON PIPE FOUND.THENCE, ALONG THE LANDS NOW OR FORMERLY OF RANDALL R. WILLIAMSLIVING TRUST, SOUTH 34°20’37” EAST 100.00 FEET TO AN RON PIPE FOUND.THENCE, ALONG THE LAND NOW OR FORMERLY OF TIMOTHY E. MOORE, ANDDON M. SIMPSON REVOCABLE TRUST AND SALLY G. SIMPSON REVOCABLETRUST SOUTH 558851’ WEST 421.40 FEET TO AN IRON PIPE FOUND ON THEEASTERN RIGHT-OF-WAY OF U.S. ROUTE 17 (GEORGE WASHINGTON MEMORIALHIGHWAY). THENCE, ALONG SAID RIGHT-OF-WAY OF U.S. ROUTE 17, NORTH34°20’37” WEST 100.00 FEET TO AN IRON ROD. SAID RON ROD BEING THE POINT OFBEGINNING AND CONTAINING 0.9674 ACRES.

AMERICAN LEGIONBUILDING

MULTIFAMILYBUILDING

SWMFACILITY

80 SPACE PARKING LOTAND 2,850 SF BUILDING

3 STORY GAR DENAPA RTME NTS

B-1ZO N IN G

MF -1ZO N IN G

100' R PAB U FF E R

LIMITS OF

W ETLANDS

LIM IT S O FW E TLA N DS

100' RPA

BUFFER

ZO NING LIM ITS

B-1

ZON IN

G

MF -

1ZO

N ING

N /FFIRS T U NITE D BA PTIS T

C H U R C HD.B. 127, PG. 15C.P.B. 3, PG. 43

T.M. 39-8A

T.M. 39-201

T.M. 39-1CN /F

CARM E N RIG AU STANFO R DINST. W.B. 06-0063

N /FWA R NE R ATH E Y

INST. NO. 06-2323

N/FDUNSTO N HALL, LLCINST. NO. 09-5231C.P.B. 22, PG. 1216C.P.B. 25, PG. 603C.P.B. 25, PG. 672

N /FW H EAT FAM ILY LIM ITED

PARTN ER SH IPINST.# 01-6008

C.P.B . 25, PG. 10C.P.B . 24, PG. 150C.P.B. 2, PG. 193

T.M. 39-1

N/FO LIN D . AN D

LISA K. CO O PERD.B. 436, PG. 931C.P.B. 20, PG. 184C.P.B. 25, PG. 33

C.P.B. 25, PG. 336

T.M. 32-52F

T.M. 32L-2F

N/FOLIN D. AND LISA K.

C O O P E RINST. NO. 05-10720

C.P.B. 25, PG. 33C.P.B. 25, PG. 336

T.M. 32-52

LOT 51

LOT 50

T.M. 39-208N/F

AME RICAN LE GION PO ST NO . 75O F G LO UC E S TE R C O U N TY

INST. NO. 13-3314, C.P.B. 26, PG. 269D.B. 85, PG. 480-481

D.B. 124, PG. 248S.H.P.B. 3, PG. 44C.P.B. 1, PG. 234

AMERICAN LEGIONBUILDING

MULTIFAMILYBUILDING

SWMFACILITY

80 SPACE PARKING LOTAND 2,850 SF BUILDING

3 STORY GAR DENAPA RTME NTS

B-1ZO N IN G

MF -1ZO N IN G

100' R PAB U FF E R

LIMITS OF

W ETLANDS

LIM IT S O FW E TLA N DS

100' RPA

BUFFER

ZO NING LIM ITS

B-1

ZON IN

G

MF -

1ZO

N ING

71.83

70.47

71.09

GENERAL NOTES

1. THIS PROJECT CONSISTS OF ALL OF TAX MAP PARCELS 39-208 AND 37A(1)-7A AND IS ENTIRELY LOCATED WITHIN THEBUSINESS (B-1) AND SUBURBAN COUNTRYSIDE (SC-1) ZONING DISTRICTS.

2. TOTAL ACREAGE OF THE PROJECT IS 38.60 ACRES.

3. THE PROPOSED USES OF THE PROPERTY ARE BUSINESS (B-1) COMMERCIAL AND MULTIFAMILY RESIDENTIAL (MF-1).

4. ALL IMPROVEMENTS SHALL BE SERVED BY PUBLIC WATER AND SEWER SYSTEMS. THE SANITARY SEWER SYSTEM ISPROPOSED TO BE EXTENDED FROM THE DUNSTON HALL COMMUNITY. THE WATER AND SEWER SYSTEMS WILL BEOWNED AND MAINTAINED BY THE GLOUCESTER COUNTY DEPARTMENT OF PUBLIC UTILITIES. ALL UTILITIES WILL BELOCATED UNDERGROUND.

5. A MAJORITY OF THE PROPERTY WAS RECENTLY TIMBERED AND THE SURROUNDING LAND USES INCLUDE EXISTINGRESIDENTIAL AND COMMERCIAL DEVELOPMENT.

6. PROPERTY LIES IN ZONE "X", AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN, ASDEFINED ON THE NATIONAL INSURANCE RATE MAP PANEL NUMBER 510071 0185 D, DATED SEPTEMBER 17, 2010.

7. THE PROPOSED ROADS AND RIGHT-OF-WAY SHALL BE PRIVATE.

8. SURFACE DRAINAGE WILL BE CONVEYED TO THE PROPOSED ROADWAY WHICH WILL HAVE STORMWATER DRAINAGEAND CONVEYANCE SYSTEMS. THE STORM DRAINAGE SYSTEMS WILL BE DISCHARGED TO THE PROPOSEDSTORMWATER MANAGEMENT FACILITIES SHOWN ON THIS PLAN.

9. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO CHANGE.

10. VERTICAL DATUM IS BASED ON GLOUCESTER COUNTY MONUMENT #106 - NAVD 88.

LAND USE STATISTICS

38.60 AC - TOTAL AREA

27.43 AC - ZONED SC-1 TO BE REZONED TO MF-1

ALLOWABLE DENSITY = 8.0 UNITS PER ACRE (MULTIFAMILY DWELLINGS WITH PUBLIC WATER AND SEWER)TOTAL ALLOWABLE NUMBER OF UNITS = 27.43 ACRES * 8.0 UNITS PER ACRE = 219 UNITS

218 GARDEN APARTMENTS PROPOSEDGROSS DENSITY = 7.94 UNITS PER ACRE

11.17 AC - ZONED SC-1/B-1 TO BE REZONED TO B-1

B-1 OUTPARCELS SHOWN ARE CONCEPTUAL IN NATURE AND MAY BE FURTHER SUBDIVIDED. THE LOCATION OFTHE ACCESS POINTS TO THE B-1 OUTPARCELS MAY BE MODIFIED WITH APPROVAL BY THE PLANNING DIRECTOR.

A M E RICA NL EG IO N

PAR CEL3.59± AC

N /FFIRS T U NITE D BA PTIS T

C H U R C HD.B. 127, PG. 15C.P.B. 3, PG. 43

T.M. 39-8A

T.M. 39-201

T.M. 39-1CN /F

CARM E N RIG AU STANFO R DINST. W.B. 06-0063

N /FWA R NE R ATH E Y

INST. NO. 06-2323

N/FDUNSTO N HALL, LLCINST. NO. 09-5231C.P.B. 22, PG. 1216C.P.B. 25, PG. 603C.P.B. 25, PG. 672

N /FW H EAT FAM ILY LIM ITED

PARTN ER SH IPINST.# 01-6008

C.P.B . 25, PG. 10C.P.B . 24, PG. 150C.P.B. 2, PG. 193

T.M. 39-1

N/FO LIN D . AN D

LISA K. CO O PERD.B. 436, PG. 931C.P.B. 20, PG. 184C.P.B. 25, PG. 33

C.P.B. 25, PG. 336

T.M. 32-52F

T.M. 32L-2F

N/FOLIN D. AND LISA K.

C O O P E RINST. NO. 05-10720

C.P.B. 25, PG. 33C.P.B. 25, PG. 336

T.M. 32-52

LOT 51

LOT 50

T.M. 39-208N/F

AME RICAN LE GION PO ST NO . 75O F G LO UC E S TE R C O U N TY

INST. NO. 13-3314, C.P.B. 26, PG. 269D.B. 85, PG. 480-481

D.B. 124, PG. 248S.H.P.B. 3, PG. 44C.P.B. 1, PG. 234

SIGNALIZEDINTERSECTION

SWMFACILITY

SWMFACILITY

PEDESTRIANCROSSWALK

TO BUSINESSPARK

COMMUNITYRECR EATIO N BU ILDING

30' BUFFER AREA SHALL BE LANDSCAPED, BERMED AND/OR FENCED TO SCREENPROPOSED DEVELOPMENT FROM RESIDENTIAL HOME SITES ALONG HILLSIDE DRIVE

B-1Z O N IN G

MF -1ZO N IN G

B-1Z O N IN G

MF -1ZO N IN G

ZONI

NGLI

MIT

S

B-1ZO N IN G

M F-1Z O N IN G

W ITH ACTIVE RECR EATIONAREA AN D

1,500 SF BUILDING

T.M. 39-8S

C.P.B. 3, PG. 43

T.M. 39A-1-7A

STATE ROUTE #1420"HILLSIDE DRIVE" (30' R/W)

T.M. 39A(4)-2&3

T.M. 39A-3-1

N/FG LO U PAR K, LLC

INST. NO. 08-4063INST. NO. 96-5079INST. NO. 96-5078INST. NO. 96-4987

C.P.B. 25, PG. 760 & 760AC.P.B. 23, PG. 482C.P.B. 23, PG. 283C.P.B. 23, PG. 203

T.M. 39-8RN /F

SE NTA RA VEN TU RE S, INCINST. NO. 05-4706C.P.B. 25, PG. 600C.P.B. 25, PG. 259C.P.B. 23, PG. 482C.P.B. 23, PG. 283C.P.B. 23, PG. 203

T.M. 39-8NN /F

G LO UC E S TE R M E DICA L ARTS I LLCINST. NO. 07-01839

C.P.B. 25, PG. 600 & 600AC.P.B. 25, PG. 259C.P.B. 23, PG. 482C.P.B. 23, PG. 283C.P.B. 23, PG. 203

N /FM IC H AEL J. H O LLAN D

"S TA G E C O A C H M A R KE T"D.B. 394, PG. 363

N /FD O N M . S IM P S O N

R EVO C ABLE TR U STINST. NO. 05-3015C.P.B. 12, PG . 118

N /FW ILLIAM H ENRY NIXR EVO C ABLE TR U ST

INST. NO. 06-7377, C.P.B. 1, PG. 264

"CANON WAY"STATE RO UTE 780 (100 ' R/W )

INST. NO. 97-6403

T.M. 39-204N /F

JEFF REY A.AN D D AN A TEAG LEINST. NO. 08-1168C.P.B . 7, PG. 147

N/FDA NIE L C . H OG G E

INST. NO. 10-1536C.P.B. 9, PG. 77

T.M. 39-201P

N /FC H RISTO P HE R K. AN D

TH ER ES A A . M ON TR OYINST. NO. 07-0538

C.P.B. 3, PG. 52

N/FC HARLE S M . AND

T W Y LA J . TH OM PSO NINST. NO. 01-0461

C.P.B. 3 , PG. 52

T.M. 39A(2)-6H

N /FRICH ARD G . ANDJO ELLA T. LYETHD.B. 166, PG. 39C.P.B. 3, PG. 52

T.M. 39A(2)-4H &5H

N /FJOH N W. A ND

AN G ELA M . SW ISH ERINST. NO. 12-4547

C.P.B. 3, PG. 52

T.M. 39A(2)-2H&3H

N /FR A ND Y R . W ILL IA M S

LIV IN G TR U STINST. NO. 07-6709

C.P.B. 3, PG. 52

T.M. 39A(2)-1H

"GE

OR

GE

WAS

HIN

GTO

NM

EM

OR

IAL

HIG

HW

AY"

RO

UTE

17(V

ARIA

BLE

WID

THR

/W)

S.H

.P.B

3,P

G.4

4 ,S

.H.P

.B3,

PG

.60

T.M. 39A(4)-1N /F

TIM O TH Y E. M O O R E

T.M. 39-8PN/F

G LO U C ESTER -M ATH EW S FR EE C LIN IC

SANITARYSEWERPUMP

STATION

T.M. 39A(2)-7H

SIGNALIZEDINTERSECTION

SWMFACILITY

SWMFACILITY

PEDESTRIANCROSSWALK

TO BUSINESSPARK

COMMUNITYRECR EATIO N BU ILDING

30' BUFFER AREA SHALL BE LANDSCAPED, BERMED AND/OR FENCED TO SCREENPROPOSED DEVELOPMENT FROM RESIDENTIAL HOME SITES ALONG HILLSIDE DRIVE

B-1Z O N IN G

MF -1ZO N IN G

B-1Z O N IN G

MF -1ZO N IN G

ZONI

NGLI

MIT

S

B-1ZO N IN G

M F-1Z O N IN G

W ITH ACTIVE RECR EATIONAREA AN D

1,500 SF BUILDING

IRR

289874.87BLDG

HOUSE

289974.96BLDG

HOUSE

C OM M ERC IALPARCEL 1

C OM M ER CIALPARCEL 2

M ULTIFAM ILYPARC EL3.76± AC

3.01± AC

28.25± AC

T.M. 39-8S

C.P.B. 3, PG. 43

T.M. 39A-1-7A

STATE ROUTE #1420"HILLSIDE DRIVE" (30' R/W)

T.M. 39A(4)-2&3

T.M. 39A-3-1

N/FG LO U PAR K, LLC

INST. NO. 08-4063INST. NO. 96-5079INST. NO. 96-5078INST. NO. 96-4987

C.P.B. 25, PG. 760 & 760AC.P.B. 23, PG. 482C.P.B. 23, PG. 283C.P.B. 23, PG. 203

T.M. 39-8RN /F

SE NTA RA VEN TU RE S, INCINST. NO. 05-4706C.P.B. 25, PG. 600C.P.B. 25, PG. 259C.P.B. 23, PG. 482C.P.B. 23, PG. 283C.P.B. 23, PG. 203

T.M. 39-8NN /F

G LO UC E S TE R M E DICA L ARTS I LLCINST. NO. 07-01839

C.P.B. 25, PG. 600 & 600AC.P.B. 25, PG. 259C.P.B. 23, PG. 482C.P.B. 23, PG. 283C.P.B. 23, PG. 203

N /FM IC H AEL J. H O LLAN D

"S TA G E C O A C H M A R KE T"D.B. 394, PG. 363

N /FD O N M . S IM P S O N

R EVO C ABLE TR U STINST. NO. 05-3015C.P.B. 12, PG . 118

N /FW ILLIAM H ENRY NIXR EVO C ABLE TR U ST

INST. NO. 06-7377, C.P.B. 1, PG. 264

"CANON WAY"STATE RO UTE 780 (100 ' R/W )

INST. NO. 97-6403

T.M. 39-204N /F

JEFF REY A.AN D D AN A TEAG LEINST. NO. 08-1168C.P.B . 7, PG. 147

N/FDA NIE L C . H OG G E

INST. NO. 10-1536C.P.B. 9, PG. 77

T.M. 39-201P

N /FC H RISTO P HE R K. AN D

TH ER ES A A . M ON TR OYINST. NO. 07-0538

C.P.B. 3, PG. 52

N/FC HARLE S M . AND

T W Y LA J . TH OM PSO NINST. NO. 01-0461

C.P.B. 3 , PG. 52

T.M. 39A(2)-6H

N /FRICH ARD G . ANDJO ELLA T. LYETHD.B. 166, PG. 39C.P.B. 3, PG. 52

T.M. 39A(2)-4H &5H

N /FJOH N W. A ND

AN G ELA M . SW ISH ERINST. NO. 12-4547

C.P.B. 3, PG. 52

T.M. 39A(2)-2H&3H

N /FR A ND Y R . W ILL IA M S

LIV IN G TR U STINST. NO. 07-6709

C.P.B. 3, PG. 52

T.M. 39A(2)-1H

"GE

OR

GE

WAS

HIN

GTO

NM

EM

OR

IAL

HIG

HW

AY"

RO

UTE

17(V

ARIA

BLE

WID

THR

/W)

S.H

.P.B

3,P

G.4

4 ,S

.H.P

.B3,

PG

.60

T.M. 39A(4)-1N /F

TIM O TH Y E. M O O R E

T.M. 39-8PN/F

G LO U C ESTER -M ATH EW S FR EE C LIN IC

SANITARYSEWERPUMP

STATION

T.M. 39A(2)-7H

CONCEPTUAL PLAN OF DEVELOPMENTSCALE: 1" = 100'

OCTOBER 2, 2013REV.: OCTOBER 7, 2014

CONCEPTUAL PLAN OF DEVELOPMENTSCALE: 1" = 100'

OCTOBER 2, 2013REV.: OCTOBER 7, 2014