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HomeMy WebLinkAboutPC 03-16-22 Meeting MinutesFrederick County Planning Commission Page 3901 Minutes of March 16, 2022 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 16, 2022. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; William A. Orndoff, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Charles Markert, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Robert S. Molden, Opequon District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director Transportation; Kathy Smith, Secretary. CALL TO ORDER Chairman Jewell called the March 16, 2022 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Jewell commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Thomas and seconded by Commissioner Triplett the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the minutes from the February 16, 2022 meeting. ------------- Frederick County Planning Commission Page 3902 Minutes of March 16, 2022 COMMITTEES NELUP Chairman Jewell shared, the committee met for the last time and noted the Planning Commission will be seeing this item soon on their agenda. Frederick Water Chairman Jewell shared they recently held a good meeting and noted the quarries continue to remain in good shape. City of Winchester – Mtg. 03/15/22 Commissioner Loring, Winchester City Planning Commission Liaison, reported they discussed several items and noted a rezoning on Valley Avenue was sent forward for approval. Board of Supervisors Supervisor Ludwig reported the Board is currently in the budget cycle process. He noted a few significant events taking place: the Middletown boundary line adjustment, they are going to review various options; and the CIP was adjusted and moved to a date for final consideration. ------------- CITIZEN COMMENTS Chairman Jewell called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Jewell closed the public comments portion of the meeting. ------------- PUBLIC HEARING Rezoning #01-22 for Snowden Bridge submitted by Thomas Moore Lawson, P.C., to amend the proffers associated with Rezoning #04-16. The properties are located on the southeastern side of Martinsburg Pike (Route 11) and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and are identified by Property Identification Numbers 43C-3-2, 43C-3-3, 43C- 3-4A, 43-A-150, 43-A-151A, 43-A-151B. Action – Postponed to the second meeting in May, 2022 Frederick County Planning Commission Page 3903 Minutes of March 16, 2022 Commissioner Brumback and Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. John A. Bishop, Assistant Director Transportation, reported this proffer amendment seeks to amend proffers in order to allow greater trip generation to accommodate a Gas Station/Convenience Store use by exempting parcel 43-(A)-150 from the trip generation cap of 6,303 that was previously imposed on the overall site. Based upon the stated desired use and the applicant’s documentation this would increase the traffic generation of the parcels in question to 9,011 vehicles per day. He continued, this application to update proffers on a total of 13.969 acres of land which is a mix of the M1 (Light Industrial) District, the B2 (General Business), and B3 (Industrial Transition) Districts. He noted, this property is located within the Sewer and Water Service Area (SW SA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. Mr. Bishop shared a location map of the property as well as the zoning map of the area. Mr. Bishop explained, with this rezoning, the Applicant is requesting a number of changes to the proffers associated with Rezoning #04-16. • Amendment to allow trips from 43-(A)-150 to not be counted against the by-right cap of 6,303 vehicle trips per day on the remaining parcels. a. Allow construction by owners of parcel 43-(A)-150 of a right in/right out entrance onto Snowden Bridge Blvd. with final design and location to be approved by Frederick County and VDOT f. Proffer for owners of parcel 43-(A)-150 cause to be constructed free flow right turn from I-81 to Route 11 northbound ramp at Exit 317 upon the realignment of that ramp h. Proffers participation in intersection improvements at the intersection of future Ezra Lane and Snowden Bridge Blvd. Mr. Bishop displayed and reviewed the graphics provided by the Applicant which depict the proposed proffer changes. He shared Staff concerns and Agency comments: • VDOT – “Until such a time that a TIA has been deemed complete and acceptable, it is not possible to fully assess the potential impacts of this development. It is VDOT’s recommendation that the proposed proffer amendment does not proceed until the TIA is complete, and the full extents of impacts are known.” • County Attorney – updated comments provided to the Planning Commission and Staff would note particular concern that was noted regarding proffer 1h. • Staff – proffer 1h uses the term “full build out” for triggering of the proffer however, this item should be evaluated as any new development occurs. This language should be modified. Mr. Bishop concluded, following this public hearing, it may be appropriate for the Planning Commission to postpone this item to allow the Applicant time to address outstanding concerns. Frederick County Planning Commission Page 3904 Minutes of March 16, 2022 He noted, the Planning Commission may also choose to forward a recommendation of approval or denial to the Board of Supervisors on this rezoning request. Commissioner Thomas asked Mr. Bishop if he would be comfortable with a recommendation being made to approve or deny rather than postponing without having VDOT comments. Mr. Bishop commented he would be comfortable with a postponement; there are elements of the VDOT requirements, specifically the signal justification report that he doesn’t necessarily agree with at this location because of the timeline involved which is noted in the Staff report. He shared, we do need a TIA that VDOT has noted is acceptable and signed off on the really determine that the extra trips which total over 2,700 from what is currently allowed do not act as a detriment. This would also allow Staff, the Applicant, and the County Attorney to get the proffer language in a better state. Commissioner Thomas commented VDOT seems to like the idea of a round-a-bout, he asked Mr. Bishop if he has seen round-a- bouts work when you have multiple axle tractor trailers or does it cause more problems. Mr. Bishop stated yes, he has, he noted there is often a perception with tighter round-a-bouts when you see tracking on the inner apron area; this is actually referred to as a truck apron and meant to function that way. Commissioner Aikens requested clarification, before any development would take place VDOT would have to give approval of the plan. Mr. Bishop stated that is correct, particularly in regards to entrance design. Commissioner Aikens commented, therefore, the question today depending on if the Planning Commission would be satisfied with the additional trip counts because nothing would move forward without VDOT’s approval. Mr. Bishop commented that is true with the exception of the additional trip counts which would be the main concern. He noted, to be very clear, an entrance approved by the Board of Supervisors is not an entrance approval by VDOT. Commissioner Aikens asked would it be the developer’s decision if they decided to move forward with the project or not if they disagreed with VDOT’s decision and if the trip counts were not in agreement. Mr. Bishop stated that is true, up to entrance improvements and turn lanes into development. It would be less true if triggering needs out at the intersection of Snowden Bridge Boulevard and Route 11 because that starts to become an off -site improvement. Commissioner Brannon commented she does not see how this can move forward without VDOT’s comments. She referred to unfunded road improvements in that area that are currently on the Capital Improvement Plan. Commissioner Dawson stated she would like to see the completed NELUP before considering this application. Mr. Bishop noted, the NELUP is currently in draft form, and it will be several months before it is complete. Mr. Ty Lawson, representing the Applicant came forward and gave a brief overview of the proffer amendment which is to add to the existing proffers; it is designed to accommodate the trips that will be generated with the proposal, and it is for a convenience store. He continued, they have addressed the impacts from this site and also have agreed to participate in the future. They have submitted three (3) traffic studies, which they have been told by VDOT that the submittals are incomplete, and it is because they want them to address the future issues. Mr. Lawson continued, in the proffers they have carefully gone through items and improvements they wish to install, and he described them. They also looked into Route 11 and the issues associated with the interchange; proffering to add a continuous free flowing right turn lane. He noted, significantly they have proffered to participate in the future when other uses come online, and it becomes known what they are going to be. Frederick County Planning Commission Page 3905 Minutes of March 16, 2022 Commissioner Dawson asked if it is a future plan to have tractor trailers parking on the remaining balance of land. Mr. Lawson explained it is currently being used for the owner’s purposes and it has been proffered otherwise. Commissioner Brannon commented the Planning Commission has received the traffic report dated October 2021 and revised in November 2021, was that done with the trip count of 6,303. She asked if one has been completed with the 9,000 trip count. Mr. Lawson stated they have intentionally written the study based on their impact which is per a manual and it is tied to the use and the size. He noted there have actually been five studies done. Commissioner Aikens asked does VDOT feel the last study is complete. Mr. Lawson responded no and that is frustrating because they continue to do the work which is expensive, and they continue to receive comments from VDOT that are not helpful. Commissioner Aikens requested clarification that when the proffers are redrafted, the surrounding property owners would be committing to improvements above and beyond the current proffer infrastructure improvements, is that correct. Mr. Lawson commented that is correct. Mr. Kevin Sitzman with Gorove Slade (Transportation Planners and Engineers) came forward and share they are the company who performed the traffic studies . He explained, typically what they would do for an independent site such as this is they would look at what the traffic conditions would be in the future without the site and in the future with the site; then measure the difference between them. They do this by vehicular delay, this is how long a vehicle would wait if you pull up to the stop sign or traffic signal and how much of a delay there is. The difference in delay is the traffic impact. He noted, the intent of that is to determine if there are improvements necessary to offset the impacts. He shared an overview of the proposal. Commissioner Brannon stated she can understand why VDOT wants clarification; her initial concern is what addresses the traffic on Route 11 today. Mr. Sitzman explained, the delays calculations are for the entirety of the intersection; there are 12 movements associated with a large intersection and they look at all of those. In this case they would be reducing the amount of time that cars have to wait on the northbound ramp, it shortens the cue and also allows to reduce the green time on the side streets and give more green time back to the main line which is Route 11. He noted, almost all of the delay is on Route 11 and the right turn in will also help. Commissioner Thomas commented the gas station does not really generate trips; it will pull traffic in and off Route 11. He asked is there any way to give a projection of what will be existing trips off Route 11 and what might be drawn off I-81. Mr. Sitzman stated it is per industry standards which VDOT require, it will be the same improvements and less trips. Commissioner Markert inquired, during the study were they able to get any credit for the reduction of the traffic on the west side because the gas station is on the east side. Mr. Sitzman explained they did not specifically do that; in working with VDOT it was already a complex study and they had an idea of where they thought the traffic would come from and it would have been one more complication to try to swap out trips. Commissioner Dawson asked for clarification of taking traffic off Route 11 , they will then have to go back out on Route 11. Mr. Sitzman commented it is drawing traffic that is already on Route 11, then putting it back on; this will not reduce traffic on Route 11, it will add a little bit, but they are more than offsetting that with the improvement that are being proffered. Commissioner Kozel asked a question of Staff; what the timeline for the Red Bud Road realignment is. Mr. Bishop explained currently it is a pending revenue sharing application and if approved were looking at construction around 2025. Commissioner Brannon commented the CIP calls Frederick County Planning Commission Page 3906 Minutes of March 16, 2022 for Route 11 widening from Snowden Bridge Boulevard to Old Charlestown Road; why does Staff feel this is necessary. Mr. Bishop responded it is due to regional growth. She asked what the widening means. Mr. Bishop shared, it is primarily for travel lanes. She stated she does not understand how this project is not going to affect traffic. Mr. Bishop explained, to be very clear, the 2,700 trips is after passby has been applied and you follow industry standards. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Kozel commented for the site being proposed she feels they have provided adequate information; the Red Bus Road realignment is going to happen, and it will reduce a lot of the traffic. She does not think this project will make a great impact to traffic. Commissioner Aikens views this as a by-right development and it is aligned with the Comprehensive Plan. He feels the improvements provided in this application will improve Route 11 and he appreciates the well thought out plan. Commissioner Thomas thinks this is the best use for this site; he does not think it will have much of an impact if any on the Route 11 traffic problems. He noted, he does not think it is fair to look at this one project to solve the Route 11 problems however, he is not comfortable sending this to the Board of Supervisors without having a complete package and he would prefer this item be postponed allowing VDOT to respond. Commissioner Markert agreed with Commissioner Thomas that there needs to be a complete package and noted he feels it is a well thought out project. Upon a motion made by Commissioner Orndoff and seconded by Commissioner Thomas to postpone this item to the second meeting in May, 2022 BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend postponing Rezoning #01-22 for Snowden Bridge to the second meeting in May, 2022, submitted by Thomas Moore Lawson, P.C., to amend the proffers associated with Rezoning #04-16. The properties are located on the southeastern side of Martinsburg Pike (Route 11) and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and are identified by Property Identification Numbers 43C-3-2, 43C-3-3, 43C-3-4A, 43-A-150, 43-A-151A, 43-A-151B. Yes: Orndoff, Jewell, Thomas, Triplett, Dawson, Kozel, Brannon, Markert, Aikens No: None Abstain: Brumback, Manuel (Note: Commissioner Molden was absent from the meeting) ------------- OTHER Wyatt G. Pearson, Director, currently the department is working on a site plan for One Logistics and Timber Ridge School. He noted, there will be a meeting April 6, 2022. Chairman Jewell took a moment to thank Gary Oates for all of his hard work and dedication over the years and he will be missed on the Planning Commission. Frederick County Planning Commission Page 3907 Minutes of March 16, 2022 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Triplett and unanimously passed. The meeting adjourned at 8:15 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary