memorandum - campbell county, va
TRANSCRIPT
MEMORANDUM
To: Planning Commission
From: Austin R Mitchell, Zoning and Subdivision Administrator II ARM
Subject: AGENDA ITEM – Draft Seneca Commerce Park Protective Covenants
Date: February 12, 2021
________________________________________________________________________
BACKGROUND:
The Campbell County Industrial Development Authority (IDA) has requested feedback from the
Planning Commission regarding the draft Protective Covenants, Conditions and Restrictions for
Campbell County’s Seneca Commerce Park. The finalized version of this document will be
recorded in the Clerk’s Office and be binding upon the parcels within the park as they are
developed and leased or sold.
The draft document is included as an attachment to this memo along with a zoning map and
aerial map of the subject parcels. Parcels within the park that have been sold are not subject to
the document.
DISCUSSION:
The IDA intends to sell and/or lease parcels of land in Seneca Commerce Park for industrial use.
As stated in the document, The Protective Covenants, Conditions and Restrictions will serve:
to insure proper use and appropriate development of each building site and the grounds
thereof; to protect the environment and aesthetics in this Park; to ensure all and required
IDA approvals; and in general to provide for a high quality of development so that each
building site will not adversely affect the health or safety of residents or workers in the
area nor be detrimental to the use or development of other properties in the Park.
The IDA has requested the Planning Commission to provide feedback on the document,
specifically on Section K-3 on pages 5-6. This section lists exceptions from the principal uses
permitted in the County’s Industrial – Heavy (I-H) zoning district. Uses listed in this section
would not be allowed on the parcels even if they are permitted in the Zoning Ordinance.
The County’s Planning and Zoning Office does not enforce protective covenants, conditions, and
restrictions. The recorded document will be enforced by proceedings at law or in equity, which
may be commenced by any owner or owners of lots in the park or by the IDA.
RECOMMENDATION:
Review the document and advise staff if you have any feedback for the IDA.
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PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR CAMPBELL
COUNTY’S SENECA COMMERCE PARK
WHEREAS, the Campbell County Industrial Development Authority, hereinafter referred
to as “IDA” is the owner of Campbell County’s Seneca Commerce Park, hereinafter referred to
as “Park” and
WHEREAS, IDA intends to sell and/or lease parcels of land in the Park for industrial use,
NOW, THEREFORE, IDA hereby declares and provides that each and every parcel of
the Park shall be conveyed subject to the following conditions, covenants, restrictions which
shall be binding upon the Grantee, his heirs, successors, or assigns, to insure proper use and
appropriate development of each building site and the grounds thereof; to protect the
environment and aesthetics in this Park; to ensure all and required IDA approvals; and in general
to provide for a high quality of development so that each building site will not adversely affect
the health or safety of residents or workers in the area nor be detrimental to the use or
development of other properties in the Park, and
FURTHER, that a copy of this covenant shall be recorded in the Clerk’s Office of
Campbell County, Virginia, and shall be binding upon and running with the land including each
and every parcel whether sold or leased and by reference made a part of each and every deed,
option, lease or other gran t of any interest in and to any parcel thereof as a part of the terms
thereof.
A. Campbell County or IDA shall be responsible for the construction of the public street,
and the extension of water and sewer lines to the property line of each parcel at no cost to
the industry.
B. DEFINITIONS
Definition of Terms
1. “Building Site” shall mean any contiguous plot of land the size and dimensions of
which shall be stablished by the legal description in the original conveyance from
IDA to the first fee own of said plot of land, other than IDA. A Building Site may
also be established by IDA by an instrument in writing, executed, acknowledged,
and recorded by IDA, which designates a plot of land as a Building Site for
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purposes of these covenants. If two or more Building Sites, as defined
hereinabove, are acquired by the same owner in fee, such commonly owned
Building Sites may, at the option of said owner, be combined and treated as a
single Building Site for purposes of the Covenants contained herein.
2. “Improvements” shall mean and include but not be limited to buildings, parking
areas, loading areas, fences, walls, hedges, landscaping, mass plantings, poles,
signs, and any structures of any type or kind.
3. “Owner” shall mean the party or parties owning fee title to a Building Site;
provided, however, that an Owner may, upon written notice to IDA assign all or
part of his rights but not his duties hereunder to Owner’s tenant.
4. “Property used in common” shall mean and refer to those areas of the property
devoted to the common use and enjoyment of the owners of all Building Sites,
including, but not limited to, islands in cul-de-sacs, entrance to the park, and
drainage areas.
C. Building Codes
1. All construction within the park shall comply with the applicable portions of local,
state or federal codes, including but not limited to, building codes and life safety
codes.
D. Approval of Plans
1. No improvements, signs, outdoor lighting, fences, walls, or public utility structures
shall be erected, placed, or altered on any building site until the building or other
improvement plans, specifications and plot plan showing the location of such
improvements on the particular building site have been submitted to and approved
in writing by IDA as to conformity and harmony and as to location of the
improvements on the building site giving due regard to the anticipated use thereof
as same may affect adjoining structures, uses and operations, and as to location of
the improvements with respect to topography, grade and finished ground elevation.
2. No billboards or advertising signs other than those identifying the name, business,
and products of the person or firm occupying the premises shall be permitted,
except that a sign offering the premises for sale or lease may be permitted. No
signs which have an intermitting beam or rotating beam shall be permitted. No
signs shall be erected or altered without the written prior approval of IDA.
3. Outside storage shall be confined to locations and screening thereof as approved in
writing by IDA. All outdoor storage shall be screened with fencing or vegetation
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as approved by IDA.
4. Site lighting and security lighting shall be designed to prevent spillover light
beyond the property lines of the parcel. Failure to correct lighting problems shall
be cause for IDA to undertake the required improvements at the expense of the
owner of the tract. Failure to reimburse IDA for such expenses shall be cause for a
lien against the property by IDA.
5. Landscaping shall be required in a form and manner acceptable to, and according
to plans approved in writing by IDA. All limits of site development contiguous to
or across the street from residential zoned property shall have buffering in
accordance with County zoning requirements. Where applicable, the buffer shall
be located at the top of an embankment or at a point that will offer the best
screening advantage between industrial improvements and residential properties.
All embankments shall be seeded and maintained in accordance with Campbell
County’s erosion and sedimentation control standards.
E. Procedure for site development plan review
1. Three copies of all required site development plans shall be submitted to IDA,
which shall have up to fourteen days to review the plans and to notify the applicant
of the action taken with respect to the plan, which may include approval, approval
subject to conditions, or disapproval. In case of conditional approval, the applicant
shall make the necessary changes and submit three copies of the revised site plan
for approval.
2. An approved site development plan shall expire and be null and void unless a
building permit for the construction of substantial elements of the site plan has
been issued within a period of one year after approval.
3. If it becomes necessary for an approved site development plan to be changed, such
change may be made with the approval of the IDA.
F. Required site plan development plan content
1. All items required by Campbell County and use and development regulations in
effect on the date of submission of documents. The date of submission should be
the date of receipt by IDA.
2. All items required herein. The more restrictive of any conflicting requirements
shall govern. All submittal shall identify the requirements herein by keynote or
other appropriate means, clearly explained within the submitted documentation.
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G. Yard Requirements and Uses
1. The minimum front yard setback shall be one hundred feet. Rear yard and side
yard setbacks shall be no less than twenty-five feet, unless otherwise specified in
the subdivision plat of said park, which shall be controlling.
H. Parking Requirements
1. The Grantee shall not use any of the property within the minimum front yard
setback for the parking of any trucks, equipment, or the storage of any material
whatsoever. Automobile parking within any yard setback shall be limited to
automobile parking for office personnel, management, visitors, and handicapped
personnel. Other employee parking shall be to the side or rear of the industrial
building(s).
2. The Grantee shall provide paved off-street parking for all employees, clients,
visitors and service vehicles.
3. No parking, loading, or unloading shall be permitted on any public road right-of-
way.
I. Building Requirements
1. No temporary buildings, travel trailers, mobile homes, or storage facilities shall be
stored on a lot except such buildings, trailers, homes or facilities which may be
necessary during construction periods but then only for the periods during which
actual construction is being pursued. Temporary structures used for interim
operations while construction is underway may not be used longer than one year.
J. Sale or Lease Arrangements
1. Sales or lease of property shall be in accordance with requirements of the Code of
Virginia.
2. Resubdivision of parcels shall not be permitted.
3. (a) In the event the grantee, his heirs, successors or assigns, fail to commence
construction within one year from the date of purchase, IDA shall have the
unqualified right or option, but not the obligation, in its sole discretion, to
repurchase the land at the original sales price. IDA shall retain the right to
repurchase at anytime upon 15 days’ notice by registered letter, at the original
sales price, the land for an additional 12 months.
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(b) The term “commence construction” shall mean that the planned
improvement is under contract for construction by a duly licensed contractor which
contract shall have a fixed completion date, commensurate with the type and size
of project and a commencement of work date of not less than six months from the
date of said contract, and shall be secured by a payment and performance bond
satisfactory to IDA which shall include IDA as a named obligee.
4. (a) Should the grantee of any parcel of unimproved land desire or intend to
sell or transfer said parcel within 2 years of the contract sale date, IDA shall have
the right of first refusal to purchase the same at the original sales price. In such
instances the grantee shall notify IDA by registered letter of its desire or intent
registered letter of its desire or intent to sell.
(b) In the event IDA Does not exercise its right of first refusal as provided
above within forty-five days from receipt of said third party, subject to all of the
conditions, covenants and restrictions set forth herein.
5. In the event IDA exercises its option to purchase or repurchase, as the case may be,
the conveyance to IDA shall be by general warranty deed free of encumbrances.
Encumbrances to the property shall be grounds for a reduction in repurchase price
if said encumbrances devalue the property.
K. Maintenance and Operation
1. All grass, trees and shrubbery shall be kept in good appearance at all times.
Replacement of trees and shrubbery shall be done where such items have died or
been severely damaged. All grass and weeds shall be cut and shrubbery trimmed as
necessary to maintain a neat appearance. If these conditions are not maintained
satisfactorily to IDA, IDA may serve written notice upon the owner or his agent
and if not complied with within two weeks, IDA may correct the condition and bill
grantee for actual cost condition and bill grantee for actual cost of same.
2. Site storm drainage maintenance shall be performed by the grantee.
3. All uses permitted in Campbell County’s I-H Industrial Heavy (copy attached)
shall be allowed, except the following primary uses:
Armories
Automobile and truck rental
Billboards
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Building material sales and storage (outside an enclosed structure)
Contractor and construction shops and yards
Cork products (manufacturing) (outside an enclosed structure)
Lumberyards and sawmills
Motor freight terminals, except when in direct support of a manufacturer or
distributor located in the industrial park
Rope, fibrous (manufacturing) (outside an enclosed structure)
Rubber products manufacturing
Sanitary or solid waste management facility, private establishment of a new
facility
Travel trailer sales and rental
Modular and mobile homes sales and manufacturing
L. Applicability
1. The right is hereby expressly reserved by IDA to waive, modify, alter or amend all
or any part of these covenants, conditions and restrictions from time to time as
circumstances justify.
2. The enforcement of the restrictions and covenants contained within this Resolution
shall be by proceedings at law or in equity against any person or persons violating
or attempting to violate any covenant, condition or restriction, either to restrain
violation or to recover damages. Such proceedings may be commence by any
owner or owners of lots in said park or by IDA.
3. Invalidation of any one of these restrictions contained within these covenants, by
judgement or court order, shall in no way affect any of the other provisions hereof
which shall remain in full force and effect.
4. Grantor’s approval of any building plans, specifications, site or landscape plans or
elevations or any other approvals or consents given by grantor pursuant hereto or
otherwise, shall be deemed a warranty, representation or covenant that such
buildings, improvements, landscaping or other action taken pursuant thereto or in
reliance thereon whether by grantor or anyone else complies with, or is not in
violation of any applicable laws, rules or regulations, the sole responsibility for all
of the same being upon the grantee and grantor is hereby expressly released and
relieved of any and all liability in connection therewith.
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5. These protective covenants, conditions and restrictions shall be in full force and
effect immediately upon adoption by IDA. It shall be in effect for a period of
twenty years and shall be automatically renewable for successive periods of ten
years each thereafter unless and until otherwise terminated by the IDA or its
successor.
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ÊAerial Imagery © Commonwealth of Virginia
0 570 1,140 1,710 2,280285Feet
1 inch = 667 feet
Sencea Commerce Park
Subject Parcels
Planning & Zoning: 2/9/2021
ZoningA-1A-1,CB-GCB-GC,CB-HCB-HC,CB-LCB-LC,CI-GI-G,CI-HI-H,CR-MFR-MF,CR-MHR-MH,CR-SFR-SF,C
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WARDS RD
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WARDS RD
Route
29
Route 747
Route 29
75
94
203
670
153
7147
7816
208
161
143
205 132
467
7359
7780
7788
7355
7363
7475
7589
7726
1367
8089 8093
ÊAerial Imagery © Commonwealth of Virginia
0 570 1,140 1,710 2,280285Feet
1 inch = 667 feet
Sencea Commerce Park
Subject Parcels
Planning & Zoning: 2/9/2021