Gloucester, Public Hearing, Nov. 2014

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

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
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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,

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:
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(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.

(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.
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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

misdemeanor; and a second or subsequent violation of section 3-15
(a)(4), (5) or (6) is a class 3 misdemeanor.
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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.
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.

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.
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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:

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

(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
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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;

(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
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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

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 Drive
P. 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 VIRGINIA
COUNTY OF GLOUCESTER, to wit:
Zandler Development Company, LLC
By: i
R. 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 tc
Registration number:
V Lre
t ot-Public
JOyce Lynn Moaratty
Commonwealth of Virginia
Notary Public
Commission 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~ a 1~ta ruilic
Joyce Lynn Moaratty
Notary Public
Commission 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~t
William Boyd Nix, Trustee
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

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 PUBLIC
Registration number: ZS’0f3P Commonwealth of Virginia
Reg. #280830,
My Commission Expires ‘~‘~
The foregoing instrument was acknowledged before me this — day of
2014 by Harold Cleveland.
Notary Public
My commission expires:___________
Registration number:________________
The foregoing instrument was acknowledged before me this day of
___________ 2014 by John T. Wicker.
O4—~ ~iz~
/ Notary ~ibIic
My commission expires: &St’- et”g
Registration number 7~fc’7SO tJUE ANN COATES
NOTARY PUBLIC
C’~,nunonwealth of Virginia
Reg. #280830,
~,~:flFCsion Expires ~
13

The foregoing instrument was acknowledged before me this day of
Ocrobe~ , 2014 by James E. Coates.
t~6tary Pu in
My commission expires: ~~ 1 JULNIOETAANRYNPCUOBLAITCES
Registration number: 2 t”&”~’ Commonwealth of Virginia
Reg.#280830
My Commission Expires ~
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 1 My commission expires: h-39—zc?W JULIE ANN COATES
Reg. #280830 ‘I
My Commission Expires
The foregoing instrument was acknowledged before me this jf~’ day of
____________ 2014 by Suzanne R. Brosemer.
/i’i~ary pTi~iic
My commission expires: &-30-Zt*( __________________________
Registration number: ~~&e’3O JULIE ANN COATES
NOTARY PUBLIC
Reg. #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) C
EXHIBIT A-i
METES AND BOIH%IDS DESCRIPTION
OF TAX MAP 39 PARCEL 208
BEGINNING AT AN IRON STOB AT THE NORTHWEST CORNER OF THE SUBJECT
PROPERTY. SAID IRON STOB BEING THE POINT OF BEGINNING AND BEING 26.49
SOUTH OF A VIRGINIA DEPARTMENT OF HIGHWAYS MONUMENT FOUND ON THE
EAST RIGHT-OF-WAY OF U.S. ROUTE 17 (GEORGE WASHINGTON MEMORIAL
HIGHWAY) AT STATION 491+87.38. THENCE, DEPARTING THE RIGHT-OF-WAY OF
SAID 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 LIMITED
PARTNERSHIP THE FOLLOWING COURSES AND DISTANCES: SOUTH 73°22’29” EAST
20.05 FEET TO AN IRON ROD SET. THENCE, NORTH 30045)32 EAST 79.70 FEET TO AN
RON 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 108.25
FEET 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 FEET
TO AN IRON ROD SET. THENCE, ALONG THE LAND NOW OR FORMERLY OF
DUNSTON HALL, LLC, SOUTH 700541480 EAST 153.44 FEET TO A 14” BEECH. THENCE
SOUTH 70°54’48” EAST 43.41 FEET TO AN IRON PIPE FOUND. THENCE, SOUTH
530 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 39.11
FEET TO AN IRON ROD SET. THENCE, SOUTH 15°14’40” WEST 318.80 FEET TO AN
IRON 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 THE
LANDS NOW OR FORMERLY OF DANIEL C. HOGGE, CHRISTOPHER K. & THERESA
A. 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 AND
DISTANCES: 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 EASTERN
RIGHT-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” WEST
599.98 FEET TO AN IRON STOB. SAID IRON STOB BEING THE POINT OF BEGINNING
AND CONTAINING 37.6369 ACRES.

C)
EXHIBIT B-i
METES AND BOUNDS DESCRIPTION
OF TAX MAP 39A(i) PARCEL 7A
BEGINNING AT AN IRON ROD AT THE NORTHWEST CORNER OF THE SUBJECT
PROPERTY. SAID RON ROD BEING THE POINT OF BEGINNING AND BEING 626.47’
SOUTH OF A VIRGINIA DEPARTMENT OF HIGHWAYS MONUMENT FOUND ON THE
EAST RIGHT-OF-WAY OF U.S. ROUTE 17 (GEORGE WASHINGTON MEMORIAL
HIGHWAY) AT STATION 491+87.38. THENCE, DEPARTING THE RIGHT-OF-WAY OF
SAID U.S. ROUTE 17, ALONG THE LAND NOW OR FORMERLY OF AMERICAN
LEGION 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. WILLIAMS
LIVING 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, AND
DON M. SIMPSON REVOCABLE TRUST AND SALLY G. SIMPSON REVOCABLE
TRUST SOUTH 558851’ WEST 421.40 FEET TO AN IRON PIPE FOUND ON THE
EASTERN RIGHT-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” WEST 100.00 FEET TO AN IRON ROD. SAID RON ROD BEING THE POINT OF
BEGINNING AND CONTAINING 0.9674 ACRES.

AMERICAN LEGION
BUILDING
T.M. 32-52F
MULTIFAMILY
BUILDING
80 SPACE PARKING LOT
AND 2,850 SF BUILDING
SWM
FACILITY
3 STORY GARDEN
APARTMENTS
T.M. 39-1
B - 1
Z O N IN G
L IM IT S O F
W E TL A N DS
M F - 1
ZO N IN G
1 0 0' R PA
B U FF E R
L IM ITS O F
W E T LAN D S
10 0' R PA
BUF FE R
ZO N IN G LIM ITS
B-1
ZO N IN G
MF-1
ZO N IN G
T.M. 3 9-8A
N / F
F IR S T U N IT E D B A P T IS T
C H U R C H
D . B . 1 2 7, P G . 1 5
C .P. B . 3 , P G . 43
T.M. 39-201
T.M. 39-1C
N / F
C A R M E N R IG A U S TA N F O R D
I N ST. W.B . 0 6 -0 0 6 3
N / F
W A R NE R AT H E Y
I N S T. N O . 0 6 - 2 3 2 3
N / F
D U N S T O N H A L L , LL C
IN S T. N O . 0 9 - 5 23 1
C . P.B . 2 2 , PG . 1 2 1 6
C .P.B . 25 , P G . 60 3
C . P.B . 25, P G . 6 7 2
N / F
W H E AT FA M I LY LIM IT ED
P A RT N E R S H I P
IN S T.# 0 1 - 6 0 08
C .P.B . 2 5 , PG . 10
C .P. B . 2 4 , P G . 1 50
C .P. B . 2 , PG . 19 3
N / F
O LIN D . A N D
LI S A K . C O O P E R
D . B . 4 3 6 , P G . 9 3 1
C . P. B. 20 , P G . 1 8 4
C . P. B . 2 5 , P G . 3 3
C .P.B . 2 5 , P G . 3 3 6
T.M. 32L-2F
T.M. 32-52
N / F
O L I N D . A N D L IS A K .
C O O P E R
I N S T. N O . 05 - 1 0 72 0
C . P. B . 2 5 , P G . 3 3
C .P.B . 2 5 , P G . 3 3 6
LOT 51
LOT 50
T.M. 39-20 8
N / F
A M E R I C A N L E G IO N P O S T N O . 75
O F G LO U C E S T E R C O U N T Y
IN S T. N O . 13 - 3 3 1 4, C .P.B. 2 6, P G . 2 6 9
D .B. 8 5 , P G . 4 8 0 - 4 8 1
D . B . 1 2 4 , P G . 2 4 8
S . H .P. B . 3 , P G . 4 4
C .P.B . 1 , P G . 2 3 4
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 THE
BUSINESS (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 IS
PROPOSED TO BE EXTENDED FROM THE DUNSTON HALL COMMUNITY. THE WATER AND SEWER SYSTEMS WILL BE
OWNED AND MAINTAINED BY THE GLOUCESTER COUNTY DEPARTMENT OF PUBLIC UTILITIES. ALL UTILITIES WILL BE
LOCATED UNDERGROUND.
5. A MAJORITY OF THE PROPERTY WAS RECENTLY TIMBERED AND THE SURROUNDING LAND USES INCLUDE EXISTING
RESIDENTIAL AND COMMERCIAL DEVELOPMENT.
6. PROPERTY LIES IN ZONE "X", AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN, AS
DEFINED 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 DRAINAGE
AND CONVEYANCE SYSTEMS. THE STORM DRAINAGE SYSTEMS WILL BE DISCHARGED TO THE PROPOSED
STORMWATER 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 PROPOSED
GROSS 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 OF
THE ACCESS POINTS TO THE B-1 OUTPARCELS MAY BE MODIFIED WITH APPROVAL BY THE PLANNING DIRECTOR.
A M E R IC A N
L E G I O N
PA R CE L
3 .5 9 ± A C
SIGNALIZED
INTERSECTION
M ULT IFA M I LY
P AR C E L 3 .76± AC
SWM
FACILITY
SWM
FACILITY
PEDESTRIAN
CROSSWALK
TO BUSINESS
PARK
COMMUNITY
RECREATION BUILDING
30' BUFFER AREA SHALL BE LANDSCAPED, BERMED AND/OR FENCED TO SCREEN
PROPOSED DEVELOPMENT FROM RESIDENTIAL HOME SITES ALONG HILLSIDE DRIVE
B - 1
Z O N IN G
B - 1
Z O N I N G
M F -1
Z O N IN G
M F - 1
ZO N I N G
ZONING LIMITS
B - 1
Z O N IN G
T.M. 39A(2)-1H
M F -1
Z O N IN G
WITH ACTIVE RECREATION
AREA AND
1,500 SF BUILDING
T. M. 39-8S
T.M. 39A-1-7A
N / F
W ILLI A M H E N R Y N IX
R E V O C A B L E T R U S T
I N ST. N O . 06 - 7 3 7 7 , C . P. B . 1 , P G . 2 64
T.M. 39A(4)-2&3
N / F
D O N M . S IM P S O N
R E V O C A B LE T R U S T
IN S T. N O . 0 5 - 30 1 5
C .P. B . 1 2 , P G . 118
STATE ROUTE #1420
"HILLS IDE DR IVE" ( 30' R/W)
T.M. 39A-3-1
N / F
G LO U PA R K , LLC
I N S T. N O . 0 8 - 4 0 6 3
I N S T. N O . 9 6 - 5 0 7 9
I N S T. N O . 96 -5 0 7 8
IN S T. N O. 9 6 - 4 9 8 7
C .P. B . 25 , P G . 7 6 0 & 7 6 0 A
C . P. B . 2 3 , P G . 4 8 2
C . P. B . 23 , P G . 2 8 3
C . P. B . 23 , P G . 2 0 3
T.M. 39-8R
N / F
S E N TA R A V E N T U R E S , IN C
IN S T. N O . 0 5 -4 70 6
C .P.B . 2 5 , P G . 600
C . P.B . 2 5 , P G . 25 9
C .P.B . 2 3 , PG . 48 2
C .P. B . 2 3 , P G . 28 3
C .P. B . 2 3 , P G . 20 3
T.M. 39-8N
N / F
G L O U C E S T E R M E D I C A L A R T S I LL C
I N S T. N O . 0 7 - 01 8 3 9
C .P.B. 2 5 , P G . 6 0 0 & 6 0 0 A
C . P. B. 2 5, P G . 2 59
C . P. B. 2 3, P G . 4 8 2
C .P.B . 23 , P G . 2 83
C .P.B . 23 , P G . 20 3
N / F
M IC H A E L J. H O L LAN D
"S T A G E C O A C H M A R K E T "
D . B . 39 4 , P G. 3 6 3
"CANON WAY"
S TAT E R O U T E 7 8 0 (1 0 0 ' R / W )
IN S T. N O . 9 7 - 6 40 3
T.M. 3 9-204
N / F
JE F F R E Y A.
A N D D A N A TE A G LE
IN ST. N O . 08 - 11 68
C.P.B . 7 , P G . 1 4 7
T.M. 39-201P
N / F
D A N IE L C . H O G G E
I N S T. N O . 1 0 - 1 53 6
C .P. B . 9 , P G . 77
N / F
C H R IST O P H E R K . AN D
T H E R E S A A . M O N TR O Y
IN S T. NO . 0 7 - 0 53 8
C . P.B . 3, P G. 5 2
T.M. 39A(2)-6H
N / F
C H A R L E S M . A N D
T W Y L A J . T H O M P S O N
I N S T. N O . 0 1 -0 4 6 1
C .P.B . 3 , P G . 5 2
T.M. 39A(2)-4H &5H
N / F
R IC H A R D G . A N D
J O E L L A T. LY E T H
D .B . 16 6 , P G . 3 9
C . P. B . 3 , P G . 52
T.M. 39A(2)-2H&3H
N / F
J O H N W. A N D
A N G E L A M . S W I S H E R
IN S T. N O . 12 - 4 5 47
C .P. B . 3 , PG . 52
N / F
R A N D Y R . W I L L I A M S
L IV IN G T R U S T
IN S T. NO . 0 7 - 67 0 9
C .P.B . 3, PG . 5 2
"GEORGE WASHINGTON
S.H.P.B 3, PG. 44, S.H.P.B 3, PG. 60
MEMORIAL HIGHWAY"
ROUTE 17 (VARIABLE WIDTH R/W)
T.M. 39A(4)-1
N / F
T IM O T H Y E . M O O R E
T.M. 39-8P
N / F
G LO U C E S T E R -M AT H E W S F R E E C L IN IC
SANITARY
SEWER
PUMP
STATION
T.M. 39A(2)-7H
IR
2898
74.87
BLDGHOUSE
2899
74.96
BLDGHOUSE
C O M M E R C I AL
PAR C E L 1
C O M M ER C IA L
PA RC E L 2
3 . 0 1 ± A C
2 8 . 2 5 ± A C
CONCEPTUAL P LAN OF DEVELOPMENT
SCALE: 1" = 100'
OCTOB ER 2, 2013
REV.: OCTOBER 7, 2014

Gloucester, Public Hearing, Nov. 2014

Gloucester, Public Hearing, Nov. 2014

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Gloucester, Public Hearing, Nov. 2014