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
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(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
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