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91SN0112J~nuary-~B~-~99~-Ep8 February 27, 1991BS REQUEST ANALYSIS RECOMMEAIDATION 91SN0112 Breckenridge Associates REQUEST: Bermuda Magisterial District South line of West Hundred Road and west line of Jefferson Davis Highway Rezoning from Community Business (B-2) and General Business (B-3) to Community Business (C-3). PROPOSED LAND USE: Commercial uses are planned. The request property is being developed as outparcels of Breckenridge Shopping Center. Rezoning to C-3 is requested to allow outparcel development to comply with C-3 development requirements. In particular, the applicant seeks to develop the property in accordance with Jefferson Davis Highway Post Development Area requirements, which allow shopping center outparcels to have individual freestanding signs and reduced setbacks along West Hundred Road and Jefferson Davis Highway. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL. STAFF RECOMMENDATION Recommend approval for the following reasons: Bo The proposed zoning conforms to the Chester Village Plan, which designates the request property for general commercial uses. The proposed zoning and land uses are representative of area development patterns. l"ne development standards of the Zoning Ordinance ensure quality development. GENERAL INFORMATION Location: South line of West Hundred Road and west line of Jefferson Davis Highway. Tax Map 116-6 (1) Part of Parcels 104 and 105 (Sheet 32). Existing Zoning: B-2 and B-3 with proffered conditions Size: 5.9 acres Existing Land Use: Yacant Adjacent Zoning & Land Use: North, South, East and West - B-2 and B-3; Commercial PUBLIC FACILITIES Utilities: Water: The request site lies within the Dutch Gap pressure zone and water is supplied by the Appomattox River Water Authority Treatment Plant. An eight (8) inch water line is located on-site. The results of a computer-simulated flow test indicate that adequate flow and pressure should be available to supply the domestic and fire protection needs of the development. The use of the public water system is required by Ordinance (Chapter 20, Article II) and intended. Wastewater: The request site lies within the Ashton Creek drainage basin and is served by the Proctors Creek Wastewater Treatment Plant. An eight (8) inch wastewater line is located on-site. The results of a computer-simulated hydraulic analysis indicate that adequate capacity is available to support the development. The use of the public wastewater system is required by Ordinance (Chapter 20, Article III) and intended. Drainage and Erosion: No on- or off-site drainage and/or erosion problems anticipated with the development of this property. Fire Service: Dutch Gap Fire Station, Company #14. County water flows and fire hydrants must be provided for fire protection purposes in compliance with nationally recognized standards (i.e., National Fire Protection Association and Insurance Services Office). 2 91SN0112/PC/FEB27K The proposed zoning and land uses will not generate additional need for fire protection services. Transportation: This request does not identify specific land use or density; therefore, it is difficult to anticipate traffic generation. Based on fast food restaurant with drive-through window trip rates, development could generate approximately 4,810 average daily trips. These vehicles will be distributed along Route 10 and Routes 1/301 which had 1989 traffic counts of 21,010 and 24,450 vehicles per day, respectively. Development of this property must adhere to the Zoning Ordinance relative to access and internal circulation (Article 7), mitigating road improvements must be provided for the requested densities to achieve an acceptable level of service. The parent parcel of this property was rezoned (Case #86S156) with proffered transportation conditions that established the maximum density of developments, controlled access along both Routes 10 and 1/301, and identified specific mitigating road improvements. At the time of site plan review, staff will limit the density of development to ensure it does not exceed that originally proffered (i.e., a maximum of 382,000 gross leasable square feet to include the request parcel and the parent parcel). Access to Route 10 and Routes 1/301 will be limited to that identified on the approved site plan for Breckenridge Shopping Center. Mitigating road improvements are currently under construction and must be completed prior to issuance of any occupancy permits. At the time of site plan review for these proposed out-parcels, specific recommendations will be provided regarding internal circulation. LAND USE General Plan: Lies within the boundaries of the Chester Village Plan, which designates the property for general commercial use. Area Development Trends: Properties in the vicinity of the West Hundred Road/Jefferson Davis Highway intersection have been zoned and developed for a mix of commercial uses. Zoning History: On April 22, 1987, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning with Conditional Use Planned Development on property adjacent to the request site and, in conjunction with that approval, accepted proffered conditions on the request property and other adjacent property to the south and west (Case 86S156). The proffered conditions applicable to the overall property required compliance with development standards that are similar to Corridor Overlay District requirements. These standards are also similar to Post Development standards, which would be applicable under the requested C-3 zoning classification. 3 91SN0112/PCJFEB27K Site Design: The request property lies within the Jefferson Davis ~ighway Post Development Area. New construction must conform to the development standards of the Zoning Ordinance which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. The request property is being developed as out-parcels of Breckenridge Shopping Center, with access to West ~undred Road and ~efferson Davis Highway via common driveways which are to be shared with the shopping center. Architectural Treatment: Within Post Development Areas, no building exterior which would be visible to public rights of way can be constructed of unadorned concrete, block or corrugated and/or sheet metal. Mechanical equipment, whether ground-level or rooftop, must be shielded and screened from public rights of way. New construction must adhere to Post Development requirements. Buffers & Screening: The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view of adjacent property and public rights of way by a solid fence, wall, dense evergreen plantings or architectural feature, be separated from any residentially zoned property or any property being used for residential purposes by the principal building, and that such area within 1,000 feet of any residentially zoned property or property used for residential purposes not be serviced between the hours of 9:00 p.m. and 6:00 a.m. In addition, sites must be designed and buildings oriented so that loading areas are screened from any property where loading areas are prohibited and from public rights of way. With the approval of this request, outside storage would be permitted as a restricted use. Outside storage areas must be screened from view of adjacent properties which has no such areas and public rights of way. Conclusions: As noted, rezoning is being requested to allow the out-parcels of Breckenridge Shopping Center to be developed in accordance with the "new" Zoning Ordinance. By rezoning the subject property, some additional uses, such as fast food restaurants, would be permitted; lesser setbacks along West Hundred Road and Jefferson Davis Highway would be permitted; and small freestanding signs identifying the out-parcel businesses would be permitted. Such standards are those applicable to this portion of Jefferson Davis Highway for any property zoned after April 12, 1989. The proposed zoning conforms to the Chester ¥illage Plan, which designates the request property for general commercial uses, and is representative of area development patterns. In addition, the development standards of the 4 91SN0112/PC/FEB27K Zoning Ordinance ensure quality development. Therefore, approval of this request would be appropriate. CASE HISTORY Planning Commission Meeting (1/15/91): The applicant accepted the recommendation. ~ere was a concerned citizen present Who had questions regarding the differences between Community Business (B-2) and General Business (B-3) zoning. On motion of Mr. Perkins, seconded by Mr. Miller, the Commission recommended approval of this request. AYES: Unanimous. The Board of Supervisors on Wednesday, February 27, 1991, beginning at 2:00 p.m., will take under consideration this request. 5 91SN0112/PC/FEB27K N .? B'2 ,/ Oliver D. Rudv ]: am the applicant for the Ia~d use amendment on p~rceI ..... ~, 1!6-6(I) 104 & 105 requestLng rezonin9 from B-2 and B-3 to C-3 . 2. With the exception of 'governmental entities and public service c~mpar~.'es owr~g recorded easements over the pr~per'ty' (the "Subject P~'~per%7") wk/ch is the sub~ect of the land 'use amendmen~ appi/cat/nn referred t~'iu !:~ph 2. the' fnilcwh~ is a I~st o~ the nmnes and addresses of all · p~sons owni~'~ a~y Ieee/ or ~qu~table Lntere~ /n the Su~:~ec~ Pr:perry ~s a "~e owner, lessee, esse~:ent owner~-c~ntract pu~-chsser, ass~ee.-opt/onee. I~censee or noteholder, including trustees, l:enefi~,~/es cf trusts. p'ar~ners. ~4ted partner~ a~d ali other na~ or ar~ff~-'-! persons: ..~ame Address T77e of 'Ownersh/? Interes~c See " ~2 Attached (continued) ZONING DISCLOSURE AFFIDAVIT 2. The following are owners, Trustees or Noteholders of the aforesaid parcels: (a) Breckinridge Associates, a North Carolina General partnership c/o Paragon Group FEE SIMPLE OWNER 2223 Executive Street Charlotte, NC 28208 (b) First Union National Bank 100 North Church Street Rocky Mount, NC 27801 NOTEHOLDER (c) George McBain, IV 24 Albemarle Avenue Richmond, VA 23226 TRUSTEE UNDER DEED OF TRUST Michael T. Grady 11207 Lady Slipper Lane Richmond, VA TRUSTEE UNDER DEED OF TRUST 3. The fa.Llawin~ is ~. ~ 'of t=he ne. me~ and addresses of ~ ~a~ a= ~ase ~ed ~ P~ph ~ or P~a~ph ? b~ow) w~ ~ ~ ta~"af ~en or fewer ~olde~, p~e~, benefices or o~: N=~ '- Address See ~3 attached~ Name of Artifi~ Per, an o o -2- ,SM/nw'p 4770: b1'27 (continued) ZONING DISCLOSURE AFFIDAVIT 3. Breckinridge Associates, a General Partnership, is comprised of: Breckinridge Company Limited Partnership c/o Paragon Group 2223 Executive Street Charlotte, NC 28208 The partners in the limited partnership, whose addresses are the same as above, are: William R. Cooper James T. Cobb Thomas D. Chandler Charles W. Johnson The other partner in the general partnership is: BNE Land and Development Co., Inc. 1021 Knoell Lane Rocky Mount, NC 27802-1908 The shareholder of BNE Land and Development Co., Inc., is: Boddie-Noell Enterprises, Inc. 1021 Noell Lane Rocky Mount, NC 27802-1908 The only shareholders who have more than a 10% interest in~oddie-Noetl Enterprises, Inc., are: Ben Mays Boddie 1021 Noell Lane Rocky Mount, NC 27802-1908 Nicholas B. Boddie 1021 Noell Lane Rocky Mount, NC 27802-1908 Name Address See ~ attached Name cf Corporation -3- SM/nwp4??0: bt2? (continued) ZONING DISCLOSURE AFFIDAVIT 3. Breckinridge Associates, a General Partnership, is comprised of: Breckinridge Company Limited Partnership c/o Paragon Group 2223 Executive Street Charlotte, NC 28208 The partners Ln the limited partnership, whose addresses are the same as above, are: William R. Cooper James T. Cobb Thomas D. Chandler Charles W. Johnson The other partner in the general partnership is: BNE Land and Development Co., Inc. 1021 Knoell Lane Rocky Mount, NC 27802-1908 The shareholder of BNE Land and Development Co., Inc., is: Boddie-Noei1 Enterprises, Inc. 1021 Noell Lane Rocky MoUnt, NC 27802-1908 The only shareholders who have more than a 10% interest in~oddie-Noel! Enterprises, !nc., are: Ben Mays Boddie 1021 Noe!l Lane Rocky Mount, NC 27802-1908 Nicholas B. Boddie 1021 Noell Lane Rocky Mount, NC 27802-1908 5. If any a£ the persan~ d/sc/osed in "f~~ ~ a ~ ~ ~ m~bers of ~e Bo~d of Supe~ors of Chest~d ~eme= c~er, con~c~ p~er, lessee, ~~. op~one~ p~ers~p, ~o~t venue or o~er ~~ person o~g =t such ~terest: Name of ~ousehold Member Not Applicable Name of Supervisor or Com.~,~oner ;' ' Descr~pt/on of Ownersh/p Lu~erest -4- SMlnw~4770 :N2T Pal-ag-i-~gh Z a~e i~g~;-~!7' t=~e~ e~ ~ zt~ek ez~e e~ L~ tJ~e e~er t~e -~- SM/nwp4770: N27 "hereby/ cerC/f-ff that no me~,ber 0£ the Board of Superv~or~ 0£ Cheste.-~/d Count-/, the Che~er~eld Cotm%7 P!azmin~ Commission or their immediate households, other t/ULU thOSe Supervisors, Comr~_.-_~_'r~nez-3 or household met-berm named in Par~ph $ above, owns any interest in the Subiec~: Propert-/ as a t~tle owner, es~ement owner, contract purchaser, lessee, ass~rnee, op~/onee or l~censee, either ind/v~dusl!I or bt ownerSh/9 o£ an Lnter~: Ln a cori~ora~/on, trust, partnersh/p, ~oin~ venture .or other arH~,l person ownin~ ~ny such .. 9. Prior to every pubI~c hearinW in connect/on with the land use amendment appI~cat~on referred, to in P~rs4~aph ! above, I ~ f~e a revved .forth above. WITleSS the follow~ Oliver D. Rud~ -6- SM/nw~4770: N:~7 COUNTT OF CH~T~~.n, day Oliver D. Rudy Anne H. Goins Z~,~.~ D~sc/osuze A~dav~ ar~ tmze ~ the best of h-;~ know~e~ and bek~ef. Gfven =der my ~-~cl *~-/~ ~'~y of November , 19 90 . My Co,--~on F.----pi~es:' 4-12-92 -?- SM/nwl~4770: