PUBLIC NOTICE WILLIAMSBURG CITY COUNCIL The Williamsburg City Council will hold a public hearing on Thursday, February 8, 2024, at 2:00 p.m. in the Council Chambers of the Stryker Center, 412 North Boundary Street, to consider the following in accordance with Article II. Administration, Division 3. Amendments: PCR#23-020: Request of Mill Neck Land, LLC to rezone 530 Mill Neck Road, Tax Map Number 552-12-00- 0018, from Limited Business Corridor District LB-4 to Single Family Dwelling District/Planned Development District RS-2/PDR to construct six single family detached dwellings with a voluntary proffer, and to remove the parcel from the Architectural Review Corridor Protection District CP. The voluntary proffer is as follows: 1. Density. There shall be no more than six dwelling units on the Property. PCR#22-024 & PCR#23-019: Request of Bluegreen Vacations Unlimited, Inc. on behalf of Platinum Management, LLC to rezone approximately 17.92 acres of land, located at 115 Penniman Road (Tax Map Number 468-14-00-001), 135 Penniman Road (Tax Map Number 468-07-00-A), 259 Penniman Road. (Tax Map Number 468-04-10-015), 275 Penniman Road (Tax Map Number 468-04-10-001), 301 Penniman Road (Tax Map Number 468-04-01-015), 331 Penniman Road (Tax Map Number 469-02-00-009) 391 Penniman Road (Tax Map Number 469-0A-00-012), 220 Broadway Avenue (Tax Map Number 468-04-19-001), 221 Broadway Avenue (Tax Map Number 468-04-10-019), 271 Broadway Avenue (Tax Map Number 468-04-10-027), 273 Broadway Avenue (Tax Map Number 468-06-00-C), and 275 Broadway Avenue (Tax Map Number 468-0A-00- 015) from B-2 Corridor Business District to LB-3 Limited Business Residential District with voluntary proffered conditions and a special use permit to construct townhouses and multifamily. The voluntary proffers are as follows: 1. Master Plan. The Property shall be developed in accordance with that certain conceptual site plan entitled "CONCEPTUAL SITE PLAN OF PENNIMAN ROAD APARTMENTS FOR PLATINUM MANAGEMENT L.L.C., dated December 11, 2023 (the "Master Plan"). Notwithstanding the foregoing, the Master Plan 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. Design. The buildings constructed on the Property shall be in accordance with those certain architectural elevations entitled "Penniman Road/Williamsburg an Apartment Community by Waitzer Properties", dated May 5, 2023, prepared by Poole & Poole Architecture and "Townhouse Elevations for Penniman Road Apartment Community for Waitzer Properties", dated September 11, 2023 (collectively, the "Elevations"). 3. Density. The Property shall not contain more than 232 residential dwelling units (each a "Unit"). 4. Affordable Housing. The Owner shall make a one-time contribution to the City in the amount. of $1,500.00 per Unit constructed on the Property. Such contributions shall be paid on a per Unit basis at the time of issuance of a certificate of occupancy, and shall be used by the City for addressing housing affordability within the City. This contribution is freely and voluntarily included in this proffer by Owner and has not been requested, demanded or otherwise negotiated with the City of Williamsburg or any of its officials, agents or employees. Owner hereby states that this provision of the proffer is reasonable. 5. Traffic. The Owner shall make a one-time contribution to the City in the amount of $347.17 per Unit constructed on the Property. Such contributions shall be paid on a per Unit basis at the time of issuance of a certificate of occupancy, and shall be used by the City for the installation of a traffic signal at the intersection of Parkway Drive and Second Street. 6. Public Park and Art Display. Prior to the issuance of a certificate of occupancy for the Units constructed on the Property, the Owner shall construct the park area shown on the Master Plan as "PARK & LOCATION OF CITY OF WILLIAMSBURG PUBLIC ART DISPLAY (13,050 S.F. OR 0.30 ACRES)" (the "Public Park") in accordance with the depiction of said park area on the Master Plan, and thereafter maintain such Public Park in good order and repair. Within six months after issuance of the first certificate of occupancy for the Property, the Owner shall grant an easement to the City for public use of the Public Park. Within one year after issuance of the first certificate of occupancy for the Property, the Owner shall purchase and install in the Public Park a work of art approved by the Williamsburg Public Art Council; provided, however, the Owner shall not be required to expend more than $50,000.00 on the purchase and installation of such work of art. In the event that the Owner is unable to obtain approval from the Williamsburg Public Art Council of such a work of art within the timeframe provided, then the Owner shall within 60 days after the expiration of such one year period make a one-time contribution to the City in the amount of $50,000.00 to be used by the City for the display of public art in the Public Park as full satisfaction of Owner's obligation to purchase, install, and maintain a work of art in the Public Park. This contribution is freely and voluntary included in this proffer by Owners and has not been requested, demanded or otherwise negotiated with the City of Williamsburg or any of its officials, agents or employees. Owner hereby states that this provision of the proffer is reasonable. 7. Ownership. The Units designated on the Master Plan as "12-PLANNED FOR SALE UNITS" shall be initially offered for sale as condominium units to owner-occupants for a period 12 months after the issuance of a certificate of occupancy for each unit. 8. Void if not Approved. In the event that the Rezoning is not approved by the City or is overturned by subsequent judicial determination, these Proffers and the Master Plan shall be null and void. In the event that the Rezoning is approved by the City but the SUP is not approved by the City or is overturned by subsequent judicial determination, these Proffers and the Master Plan shall be null and void. Additional information is available at www.williamsburgva.gov/publicnotice or the Planning Department (757) 220-6130, 401 Lafayette Street. Interested citizens are invited to attend these hearings and present their comments to the City Council. If you are disabled and need an accommodation to participate in these public hearings, please call the Planning Department at (757) 220-6130, (TTY) 220-6108, no later than noon, Wednesday, February 7, 2024. Dustie McCay Clerk of Council PUBLIC NOTICE WILLIAMSBURG CITY COUNCIL The Williamsburg City Council will hold a public hearing on Thursday , February 8 , 2024 , at 2:00 p.m. in the Council Chambers of the Stryker Center , 412 North Boundary Street , to consider the following in accordance with Article II . Administration , Division 3. Amendments : PCR # 23-020 : Request of Mill Neck Land , LLC to rezone 530 Mill Neck Road , Tax Map Number 552-12-00 0018 , from Limited Business Corridor District LB - 4 to Single Family Dwelling District / Planned Development District RS - 2 / PDR to construct six single family detached dwellings with a voluntary proffer , and to remove the parcel from the Architectural Review Corridor Protection District CP . The voluntary proffer is as follows : 1. Density . There shall be no more than six dwelling units on the Property . PCR # 22-024 & PCR # 23-019 : Request of Bluegreen Vacations Unlimited , Inc. on behalf of Platinum Management , LLC to rezone approximately 17.92 acres of land , located at 115 Penniman Road ( Tax Map Number 468-14-00-001 ) , 135 Penniman Road ( Tax Map Number 468-07-00 - A ) , 259 Penniman Road . ( Tax Map Number 468-04-10-015 ) , 275 Penniman Road ( Tax Map Number 468-04-10-001 ) , 301 Penniman Road ( Tax Map Number 468-04-01-015 ) , 331 Penniman Road ( Tax Map Number 469-02-00-009 ) 391 Penniman Road ( Tax Map Number 469-0A - 00-012 ) , 220 Broadway Avenue ( Tax Map Number 468-04-19-001 ) , 221 Broadway Avenue ( Tax Map Number 468-04-10-019 ) , 271 Broadway Avenue ( Tax Map Number 468-04-10-027 ) , 273 Broadway Avenue ( Tax Map Number 468-06-00 - C ) , and 275 Broadway Avenue ( Tax Map Number 468-0A - 00 015 ) from B - 2 Corridor Business District to LB - 3 Limited Business Residential District with voluntary proffered conditions and a special use permit to construct townhouses and multifamily . The voluntary proffers are as follows : 1. Master Plan . The Property shall be developed in accordance with that certain conceptual site plan entitled " CONCEPTUAL SITE PLAN OF PENNIMAN ROAD APARTMENTS FOR PLATINUM MANAGEMENT L.L.C. , dated December 11 , 2023 ( the " Master Plan " ) . Notwithstanding the foregoing , the Master Plan 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. Design . The buildings constructed on the Property shall be in accordance with those certain architectural elevations entitled " Penniman Road / Williamsburg an Apartment Community by Waitzer Properties " , dated May 5 , 2023 , prepared by Poole & Poole Architecture and " Townhouse Elevations for Penniman Road Apartment Community for Waitzer Properties " , dated September 11 , 2023 ( collectively , the " Elevations " ) . 3. Density . The Property shall not contain more than 232 residential dwelling units ( each a " Unit " ) . 4. Affordable Housing . The Owner shall make a one - time contribution to the City in the amount . of $ 1,500.00 per Unit constructed on the Property . Such contributions shall be paid on a per Unit basis at the time of issuance of a certificate of occupancy , and shall be used by the City for addressing housing affordability within the City . This contribution is freely and voluntarily included in this proffer by Owner and has not been requested , demanded or otherwise negotiated with the City of Williamsburg or any of its officials , agents or employees . Owner hereby states that this provision of the proffer is reasonable . 5. Traffic . The Owner shall make a one - time contribution to the City in the amount of $ 347.17 per Unit constructed on the Property . Such contributions shall be paid on a per Unit basis at the time of issuance of a certificate of occupancy , and shall be used by the City for the installation of a traffic signal at the intersection of Parkway Drive and Second Street . 6. Public Park and Art Display . Prior to the issuance of a certificate of occupancy for the Units constructed on the Property , the Owner shall construct the park area shown on the Master Plan as " PARK & LOCATION OF CITY OF WILLIAMSBURG PUBLIC ART DISPLAY ( 13,050 S.F. OR 0.30 ACRES ) " ( the " Public Park " ) in accordance with the depiction of said park area on the Master Plan , and thereafter maintain such Public Park in good order and repair . Within six months after issuance of the first certificate of occupancy for the Property , the Owner shall grant an easement to the City for public use of the Public Park . Within one year after issuance of the first certificate of occupancy for the Property , the Owner shall purchase and install in the Public Park a work of art approved by the Williamsburg Public Art Council ; provided , however , the Owner shall not be required to expend more than $ 50,000.00 on the purchase and installation of such work of art . In the event that the Owner is unable to obtain approval from the Williamsburg Public Art Council of such a work of art within the timeframe provided , then the Owner shall within 60 days after the expiration of such one year period make a one - time contribution to the City in the amount of $ 50,000.00 to be used by the City for the display of public art in the Public Park as full satisfaction of Owner's obligation to purchase , install , and maintain a work of art in the Public Park . This contribution is freely and voluntary included in this proffer by Owners and has not been requested , demanded or otherwise negotiated with the City of Williamsburg or any of its officials , agents or employees . Owner hereby states that this provision of the proffer is reasonable . 7. Ownership . The Units designated on the Master Plan as " 12 - PLANNED FOR SALE UNITS " shall be initially offered for sale as condominium units to owner - occupants for a period 12 months after the issuance of a certificate of occupancy for each unit . 8. Void if not Approved . In the event that the Rezoning is not approved by the City or is overturned by subsequent judicial determination , these Proffers and the Master Plan shall be null and void . In the event that the Rezoning is approved by the City but the SUP is not approved by the City or is overturned by subsequent judicial determination , these Proffers and the Master Plan shall be null and void . Additional information is available at www.williamsburgva.gov/publicnotice or the Planning Department ( 757 ) 220-6130 , 401 Lafayette Street . Interested citizens are invited to attend these hearings and present their comments to the City Council . If you are disabled and need an accommodation to participate in these public hearings , please call the Planning Department at ( 757 ) 220-6130 , ( TTY ) 220-6108 , no later than noon , Wednesday , February 7 , 2024 . Dustie McCay Clerk of Council