HomeMy WebLinkAbout01-22 PC Staff Report - March
REZONING APPLICATION #01-22
SNOWDEN BRIDGE STATION
Staff Report for the Planning Commission
Prepared: March 7, 2022
Staff Contact: John A. Bishop, AICP, Asst. Director-Transportation
Reviewed Action
Planning Commission: 03/16/22 Pending
Board of Supervisors: 04/13/22 Pending
PROPOSAL: To revise the proffer from Rezoning #04-16 for North Stephenson, Inc. submitted by
Thomas Moore Lawson, P.C. 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. In addition, the
amended proffer allows the owners of parcel 43-(A)-150 to install a right in/right out entrance on
Snowden Bridge Blvd, construct a median to prevent left turns from that access point, and install a free
flow right turn lane at the realigned northbound I-81 to Route 11 exit ramp at such time as that project
takes place. Finally, the proffers have been updated to note that the property owners will participate in
intersection improvements to the intersection of Ezra Lane and Snowden Bridge Blvd.
LOCATION: The properties are located on the eastern side of Martinsburg Pike (Route 11), western
side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard.
EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 03/16/22 PLANNING
COMMISSION MEETING:
This is an application to amend the proffers from Rezoning #04-16 for 13.969 acres of land. 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. In addition, the amended proffer allows the
owners of parcel 43-(A)-150 to install a right in/right out entrance on Snowden Bridge Blvd, construct a
median to prevent left turns from that access point, and install a free flow right turn lane at the realigned
northbound I-81 to Route 11 exit ramp at such time as that project takes place. Finally, the proffers
have been updated to note that the property owners will participate in intersection improvements to the
intersection of Ezra Lane and Snowden Bridge Blvd.
Per the applicant’s documentation the proposed use of a gas station/convenience store is expected to
generate 2,708 daily trips. As noted, the applicant’s desire is to enable these trips without impacting the
current proffered trip limitation for the overall rezoning of 6,303. This effectively brings the new trip
generation for the parcel to 9,011 trips per day. As noted in the VDOT comment, the applicant has not
yet submitted a Traffic Impact Analysis (TIA) that has been determined as acceptable by VDOT and as
such they find it
“not possible to fully assess the potential impacts of this development. It is VDOT’s
recommendation that the proposed proffer amendment not proceed until the TIA is complete,
and the full extents of impacts are known.”
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This comment is concerning and while the applicant’s TIA, as presented, does appear to show
adequate traffic operation, staff is unable to validate that without VDOT comments on the TIA
being addressed and accepted by VDOT. Staff is less concerned about the VDOT concerns about the
Signal Justification Report (SJR) due to how far into the future implementation of traffic control at the
intersection of Ezra Lane and Snowden Bridge Blvd likely is compared to the useful life of an SJR
study.
This site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of
the Northeast Land Use Plan of the Comprehensive Plan. The Comprehensive Plan identifies these
properties with an industrial land use designation. The subject properties are currently zoned
B2/B3/M1 and therefore inconsistent with the goals of the Comprehensive Plan. However, staff would
note that the land use plan for this area is currently undergoing an update.
Following the required public meeting, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
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This report is prepared by the Frederick County Planning Staff to provide
information to the Planning Commission and the Board of Supervisors to assist
them in making a decision on this application. It may also be useful to others
interested in this zoning matter. Unresolved issues concern ing this application are
noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 03/16/22 Pending
Board of Supervisors: 04/13/22 Pending
PROPOSAL: To revise the proffer from Rezoning #04-16 for North Stephenson, Inc. submitted by
Thomas Moore Lawson, P.C. 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. In addition, the
amended proffer allows the owners of parcel 43-(A)-150 to install a right in/right out entrance on
Snowden Bridge Blvd, construct a median to prevent left turns from that access point, and install a free
flow right turn lane at the realigned northbound I-81 to Route 11 exit ramp at such time as that project
takes place. Finally, the proffers have been updated to note that the property owners will participate in
intersection improvements to the intersection of Ezra Lane and Snowden Bridge Blvd.
LOCATION: The properties are located on the eastern side of Martinsburg Pike (Route 11), western
side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 43C-3-2, 3, 4, & 4A and 43-(A)-150, 151A, & 151B
PROPERTY ZONING: B2, (General Business), B3, (Industrial Transition), M1 (Light Industrial)
District
PRESENT USE: Industrial and Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B2 (General Business) District Use: Residential/Vacant
South: M1 (Light Industrial) District Use: Industrial/Vacant
East: M1 (Light Industrial) District Use: Industrial/Rail siding
West: B2 (General Business) District Use: Commercial
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REVIEW EVALUATIONS:
Virginia Dept. of Transportation:
This memorandum is in response to a request by Frederick County for VDOT to provide written
comments on the proposed Snowden Bridge Station (Omps/Holtzman) rezoning/proffer amendment.
The following comments are based on the information that we have received thus far on the subject
application.
To date, neither the Applicant, nor the Applicant’s Engineer have provided a satisfactorily complete
TIA that fully evaluates the impacts of the project’s projected increase in traffic volume and the change
to the proposed entrance configuration. There have been two submissions of a Traffic Impact Analysis
(TIA) for this project, the first on October 15, and second on November 19. Despite a first submission
comment requiring a Signal Justification Report (SJR) to accompany the TIA, an SJR was not received
by the Residency until December 27. The Dec. 27 SJR submission did not include a revised TIA that
acknowledged the recommendations of the SJR nor address previous comments. Because of this, there
is conflicting information between the most recent revision of the TIA (Nov. 19) and the Signal
Justification Report. This is creating a situation where it is very difficult to conclude what the true
impacts are, and if the proposed mitigation is adequate to address operational concerns.
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.
Frederick County Attorney: You have submitted to Frederick County for review the above-
referenced amendment to proffer statement (the "Amended Proffer Statement") for the proposed proffer
condition amendment rezoning of Tax Parcel Numbers 43-A-150, 43-A-151, and 43-A-151B (the
"Property"), in the Stonewall Magisterial District. I have now reviewed the Amended Proffer Statement
and it is my opinion that the Amended Proffer Statement would only be in a form to meet the
requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would only be
legally sufficient as a proffer statement, subject to the following comments:
Parcels - As an initial matter, I note that, while the Amended Proffer Statement indicates that it includes
Tax Parcel Number 43-A-151, Rezoning #04-16 and its approved proffer statement included Tax Parcel
Numbers 43-A-150, 43-A-151A, and 43-A-151B. In fact, Tax Parcel Numbers 43-A-150, 43-A-151A,
and 43-A-151B appear to be the parcels that the Amended Proffer Statement intends to implicate and,
therefore, it appears that the Amended Proffer Statement may need to include Tax Parcel Number 43-
A-151A. If you do intend to include Tax Parcel Number 43-A-151, it was previously subject to a
different rezoning, #12-16, and its approved proffer statement. The Amended Proffer Statement would
then need to reference that proffer statement as well and any amendments to the same.
Acreage - The Amended Proffer Statement indicates that the acreage is 1.68 acres, but any combination
of whatever three (or more) parcels is involved would be much more than 1.68 acres. This item would
require correction.
Recordation Format - Because proffer statements are subject to recordation in the land records, the
name of the owner, K & J Investments, L.C., would need to appear in bold underlined capital letters in
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the heading.
Proffer la/lb-The proposed Proffer la language appears to be a revision of the existing Proffer 1 b
language, to replace existing Proffer 1 a and then to delete the existing Proffer 1 b. This seems to be an
unnecessary shuffling of the proffers as, in effect, existing Proffer 1 a would be deleted and existing
Proffer 1 b would be replaced by the indicated language. Also, the language refers to an attached
drawing, but your letter of October 12, to Ms. Perkins and Mr. Bishop, failed to include such a drawing.
The Amended Proffer Statement would not be in complete form without the drawing.
Proffer 1f – The second sentence would be most clear if it started by saying that the Applicant and
Owner will contribute 50% of the cost of the items identified in 1f. Right now, it simply says that
the owner of the property north of SB Blvd. will contribute 50% and that the Applicant/Owner of
the subject property will only “participate collaboratively”.
Generally regarding Proffer 1 – It should state triggering events for the obligations identified.
Planning & Zoning:
1) Site History:
The original Frederick County zoning map (U.S.G.S. Winchester, VA Quadrangle) identifies
the majority of the subject property as being zoned A-2 (Agriculture General). The County’s
agricultural zoning districts were combined to form the RA (Rural Areas) District upon
adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The
corresponding zoning map resulted in the re-mapping of this portion of the subject property and
all other A-1 and A-2 rezoned land to the RA District. The remainder of the property was
identified as being zoned R-3. The R-3 (Residential General) District zoning classification was
modified to RP (Residential Performance) District on February 14, 1990, during the
comprehensive amendment to the County’s Zoning Ordinance. The subject properties were
rezoned to the M1 (Light Industrial) Zoning District with rezoning #03-05 for North
Stephenson which was approved by the Board of Supervisors on April 27, 2005. The subject
properties were then rezoned to a mix of B2/B3/M1 with the majority being B2 with rezoning
#04-16 for Snowden Bridge Station. With rezoning #12-16 a minor proffer update was
completed.
2) Comprehensive Policy Plan:
The 2021 update of the Comprehensive Plan is the guide for the future growth of
Frederick County.
The Comprehensive Plan is an official public document that serves as the Community's guide
for making decisions regarding development, preservation, public facilities and other key
components of community life. The primary goal of this plan is to protect and improve the
living environment within Frederick County. It is in essence a composition of policies used to
plan for the future physical development of Frederick County.
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The Area Plans, Appendix I of the Comprehensive Plan, are the primary implementation tool
and will be instrumental to the future planning efforts of the County.
Land Use
The Comprehensive Plan identifies these properties with an industrial land use designation.
The subject properties are currently zoned B2/B3/M1 and therefore inconsistent with the goals
of the Comprehensive Plan. It should be noted that and update of the land use plan for this area
is currently underway.
Transportation and Site Access
This proffer amendment seeks to amend transportation proffers to allow for a gas
station/convenience store use that would not count against the proffered maximum trip
generation of 6,303. Per the applicant’s documentation this use is expected to generate 2,708
daily trips after passby reduction credit is applied with AM peak hour trips of 156 and PM peak
hour trips of 180. This brings trip generation to 9,011 for the site. In addition, the proffers seek
an additional entrance in the form of a right in/right out on Snowden Bridge Blvd which they
are proffering to construction of a median. Finally, the proffers note that the applicants will
participate in traffic improvements to the intersection of future Ezra Lane and Snowden Bridge
Blvd.
3) Proffer Statement, Dated March 22, 2016, most recently revised February 18, 2022:
1. Transportation
Amendment to allow use of 43-(A)-150 that will not reduce the by-right cap of 6,303
vehicle trips per day on the remaining parcels.
a. – Ammendment to allow construction by owners of parcel 43-(A)-150 of a right
in/right out entrance on to Snowden Bridge Blvd with final design and location to be
approved by Frederick County and VDOT
f. – Amendment to proffer for owners of parcel 43-(A)-150 pay for a free flow right
turn from the 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 Land and Snowden Bridge Blvd.
Staff Note: Proffer h 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.
STAFF CONCLUSIONS FOR THE 03/16/22 PLANNING COMMISSION MEETING:
This is an application to amend the proffers from Rezoning #04-16 for 13.969 acres of land. 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
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6,303 that was previously imposed on the overall site. In addition, the amended proffer allows the
owners of parcel 43-(A)-150 to install a right in/right out entrance on Snowden Bridge Blvd, construct a
median to prevent left turns from that access point, and install a free flow right turn lane at the realigned
northbound I-81 to Route 11 exit ramp at such time as that project takes place. Finally, the proffers
have been updated to note that the property owners will participate in intersection improvements to the
intersection of Ezra Lane and Snowden Bridge Blvd.
Per the applicant’s documentation the proposed use of a gas station/convenience store is expected to
generate 2,708 daily trips. As noted, the applicant’s desire is to enable these trips without impacting the
current proffered trip limitation for the overall rezoning of 6,303. This effectively brings the new trip
generation for the parcel to 9,011 trips per day. As noted in the VDOT comment, the applicant has not
yet submitted a Traffic Impact Analysis (TIA) that has been determined as acceptable by VDOT and as
such they find it
“not possible to fully assess the potential impacts of this development. It is VDOT’s
recommendation that the proposed proffer amendment not proceed until the TIA is complete,
and the full extents of impacts are known.”
This comment is concerning and while the applicant’s TIA, as presented, does appear to show
adequate traffic operation, staff is unable to validate that without VDOT comments on the TIA
being addressed and accepted by VDOT. Staff is less concerned about the VDOT concerns about the
Signal Justification Report (SJR) due to how far into the future implementation of traffic control at the
intersection of Ezra Lane and Snowden Bridge Blvd likely is compared to the useful life of an SJR
study.
This site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of
the Northeast Land Use Plan of the Comprehensive Plan. The Comprehensive Plan identifies these
properties with an industrial land use designation. The subject properties are currently zoned
B2/B3/M1 and therefore inconsistent with the goals of the Comprehensive Plan. However, staff would
note that the land use plan for this area is currently undergoing an update.
Following the required public meeting, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
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