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

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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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Sencea Commerce Park

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Planning & Zoning: 2/9/2021

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0 570 1,140 1,710 2,280285Feet

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Sencea Commerce Park

Subject Parcels

Planning & Zoning: 2/9/2021