1988 Restrictive Covenant and Addenda,
Zoning Plans, and Zoning Orders
The 1988 Restrictive Covenant Agreement (RCA) was entered into by the owner of Blakehurst, the RRLRAIA neighborhood association, the neighborhood Advisory Board, and Neighbors of Blakehurst. This covenant “runs with and the land” (i.e., the rights attach to the land, not the owners; and any current landowner can enforce it, see RCA ¶ 10, p. 10). The RCA sets forth the conditions under which the Blakehurst property (including the Mission Helper parcel) could be used, and has been amended eight times to address various issues.
The RCA was incorporated into the 1989 Zoning Consent Order approving the development of Blakehurst. Notably, the Order approves “use of the property . . . for a continuing care facility having a density agreed upon by the parties [i.e. the neighbors]. The developer’s proposal would violate that agreed-upon density cap: Here is a link:
The current operative zoning document for the land is the County Review Group (CRG) plan, which has been amended 6 times. The developer seeks a “Material Amendment” to amend the CRG a 7th time to permit the development of the Mission Helper parcel. Here is a link to the 6th and 5th Amended CRG Plans:
The RCA and its addenda are also available below. The RCA and two Addenda which restrict use of the MH parcel to a 40-unit, 54-resident addition to Blakehurst are in bold.
- 1988 Restrictive Covenant
On page 5, use of the MH parcel in the future is restricted to an “add[ition] to the Community” with a maximum of 62 residents. The “Community” is defined on page 2 as a “continuing care facility,” i.e., Blakehurst. - 1st Addendum (1989) reducing residents allowed on MH parcel
On page 1, the limit of 62 future residents on the MH parcel is reduced to 54 in exchange for Blakehurst getting 8 additional residents elsewhere. - 2nd Addendum (1989) re security gate
- 3rd Addendum (1990) re final development adjustments
- 4th Addendum (1996) re underground parking garage
- 5th Addendum (1998) re additional dining and parking
- 6th Addendum (2007) re gazebo
- 7th Addendum (2011) re dining room extension
- 8th Addendum (2014) re health care wing and limited use of MH parcel
At page 2, Blakehurst gets a two-story addition to its health care center for those additional 8 residents, and the parties confirm – for a third time – that the MH parcel can only be used for a 40-unit, 54-resident addition to the Community.