OV P&Z recommends time extension for rec facilities at Beach Club

Date Published: 
October 28, 2016

The Ocean View Planning & Zoning Commission this week recommended approval of a proposed ordinance that would allow the developer of the Ocean View Beach Club additional time to complete expanded recreational facilities for the community.

Commissioners held the first of three public hearings on amending Condition 7 as set by Ordinance 214 for Condominium Parcel “A” at the Ocean View Beach Club, located on Beach Club Avenue. Public Works Director Charles McMullen told the commissioners that there would be two additional public hearings before the Ocean View Town Council — one in December and one in January — before the ordinance can be voted upon.

Earlier this year, Windansea LLC, the developer of the Ocean View Beach Club, requested to amend a condition that was placed on the property when it was annexed into the town in 2007.

A condition of approval was that recreational facilities — for example, swimming pools and community buildings — should be constructed and opened to residents no later than the time of the issuance of the 60th certificate of occupancy.

McMullen said the site plan was approved; however, the recreational facilities have since been revised and increased to include not only an outdoor swimming pool but an indoor pool, tennis courts and bocce ball court.

Due to the increase in amenities, Windansea requested to change the requirement that stated that the recreational facilities — swimming pool and community buildings — had be constructed and open to use by the residents no later than the time of issuance of the 60 certificate of occupancy, extending the timeline of the requirement from 60 to 80 certificates of occupancy.

McMullen said the Town had received an email from an Ocean View Beach Club property owner who was opposed to the change, stating she had been told the outdoor pool would be ready by the summer of 2017.

Another Ocean View Beach Club resident was in attendance that evening and said she, too, objected to the application, adding that she had purchased her house based on the idea that the recreational facilities would be open for the upcoming summer season. She added that she has been paying relatively high HOA fees with that understanding, as well.

Brian McManus, vice president of construction for K. Hovnanian Homes of Delaware, said they project to have approximately 57 COs by the end of May, not including to-be-built houses.

“I want to go on record — nobody wants this clubhouse built more than we do… This buffer to go from 60 to 80 is to allow us to continue selling homes until the clubhouse is done.”

McManus said the development still projects the facilities will be constructed in the summer of 2017.

Zach Crouch of Davis, Bowen & Friedel, who also was representing the Ocean View Beach Club project, said that a $40,000 check for the building permit for the amenities had been sent to the Town.

“They’ve got a contractor that they’ve already started a contract with,” he said. “There’s no intentional delay here.”

The commission voted 5-0 to recommend that the town council approve the ordinance to amend Condition 7.