Va. Beach lets condo project scrap age restrictions

VIRGINIA BEACH

The City Council voted Tuesday night to allow a developer to drop an age-restriction clause from a planned condominium project in a rural part of the city, disregarding the recommendation of city planners.

The 9-1 vote gave Home Associates of Virginia Inc. permission to build 54 traditional townhouses, amending an earlier plan to build 60 condominium units restricted to people older than 55 in part of the Sherwood Lakes development off Princess Anne Road.

The market for upscale age-restricted housing is saturated, Eddie Bourdon, the company's lawyer, told City Council members. "In our view, it doesn't make sense to build a product for which there is no market," he said.

Councilwoman Barbara Henley, who voted against the request, said approving it could lead to erosion of development controls and increase demands on infrastructure, such as roads. The project lies in the city's "transition area," a special planning area designed for low-density development to buffer the rural south from the suburban north.

"For us to loosen these requirements is just not in the best interest of the city," she said.

City planners had argued that allowing the developer to drop the age restriction could set a dangerous precedent.

Henley's motion to deny the request was greeted with silence. Councilman Harry Diezel motioned that the request be approved, which it was, with no discussion.

After the meeting Diezel said, "This is a good project, and under the economic conditions we're all facing, it seems we'd want to encourage development. It's a revenue producer for the city."

In 2006, a divided City Council voted to allow the developer to build 240 units in Sherwood Lakes, twice as many homes as allowed for in city regulations. The permission was granted after the developer argued that two large water-filled sand pits on the property should be counted as developable land because they could be drained, filled and built on.

In the last two years, Home Associates of Virginia has given more than $10,000 to City Council members, including $3,500 to Rosemary Wilson, $2,750 to Glenn Davis, $2,500 to Harry Diezel, $1,000 to Mayor Will Sessoms and $1,000 to Ron Villanueva, who is now a state delegate.

Aaron Applegate, (757) 222-5122, aaron.applegate@pilotonline.com