HomeMy WebLinkAbout01-22 PC Staff Report - May
REZONING APPLICATION #01-22
SNOWDEN BRIDGE STATION
Staff Report for the Planning Commission
Prepared: May 4, 2022
Staff Contact: John A. Bishop, AICP, Asst. Director-Transportation
Reviewed Action
Planning Commission: 03/16/22 Tabled
Planning Commission 05/18/22 Pending
Board of Supervisors: 06/08/22 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 Boulevard and construct a median to prevent left turns from that access point and
provide a $100,000 cash proffer toward the Exit 317 interchange improvements. 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 Boulevard.
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 05/18/22 PLANNING
COMMISSION MEETING:
This is an updated 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 provide a $100,000
cash proffer toward the Exit 317 interchange improvements. 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.
Since the March 16, 2022 Planning Commission meeting, VDOT has accepted the traffic study with no
further comments. The traffic study had been a significant topic of discussion at the March 16, 2022
meeting due to the lack of VDOT acceptance at that time. In addition, the proffers have been further
updated to convert the ramp improvement to the I-81 Exit 317 Interchange to a cash proffer to address a
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concern regarding potential conflict with upcoming SmartScale applications. VDOT has found the
updated language to be acceptable. Please refer to the redline version of the proffer for specific
language updates.
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
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 03/16/22 Tabled
Planning Commission 05/18/22 Pending
Board of Supervisors: 06/08/22 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 Boulevard, 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
Boulevard.
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:
VDOT has had no further comment since their acceptance of the traffic studies. There was some
intermediate discussion regarding wording of one of the proffers which has been updated to their
satisfaction prior to this report and they have had no further comment.
Frederick County Attorney: I have reviewed. Subject to any comments from Planning staff, I
have no comments on the revised Proffer 1h. I do note that, in my email of March 14, I had noted
other comments, set forth again below. With respect to the first three items, at a minimum, it seems
that the rezoning number should be changed to the current number, 01-22, to avoid any future
confusion. Also, I note that the current draft no longer has a signature for North Stephenson, Inc.,
but that entity continues to own some of the parcels in the overall land bay subject to the proffers
and, therefore, the proffers should include a signature from that entity.
• In the heading, the rezoning number should be changed to the 2022 number.
• In the heading, for “Revisions”, to avoid confusion, because the actual proffer statement being
revised was that dated May 17, 2016, I would suggest replacing that date for November 5, 2021.
• In the first introductory paragraph, to avoid confusion, I would suggest changing “shall approve
Rezoning Application #04-16” to “shall approve these amended proffers for Rezoning #04-16”.
• With respect to the Generalized Development Plan (the “GDP”), the GDP should still show all
parcels that are subject to original Rezoning #04-16. Also, to avoid confusion, I would suggest
adding an indication on the area that the GDP identifies as “SITE” also as Tax Parcel Number
43-A-150.
• Proffer 1a/b – If it is the owners’ intent, the proffer should also make clear that the owners may
not construct any other entrances (see the analogous language, with respect to signage, in
Proffer 2c). With respect to the entrances on Martinsburg Pike, the proffer should reference the
location numbers on the GDP.
• Proffer 1c – The proffer should state the timing of the commitments regarding construction of
the “travel aisle” (also, staff should confirm whether this a defined engineering term) and Ezra
Lane. Also, with respect to Ezra Lane, the proffer should clarify as to whether the commitment
is for the construction of Ezra Lane across the entirety of Tax Parcel 43-A-151B.
• Proffer 1e – The GDP does not show this item as the proffer indicates.
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
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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.
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 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 Boulevard and construct a median to prevent left turns from that access
point. The applicant is also adding a cash proffer for off-site improvements. 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 Boulevard.
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. – Amendment to allow construction by owners of parcel 43-(A)-150 of a right
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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 $100,000 toward
future improvement to the I-81 Exit 317 interchange.
h. – Proffers participation in intersection improvements at the intersection of future
Ezra Land and Snowden Bridge Blvd.
Staff Note: The updated language in proffer f will allow the proffer to be used as matching funds
in the County’s upcoming SmartScale application for the Exit 317 Interchange.
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 provide a $100,000 cash proffer toward the Exit
317 interchange improvements. 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.
Since the March 16, 2022 Planning Commission meeting, VDOT has accepted the traffic study with no
further comments. The traffic study had been a significant topic of discussion at the March 16, 2022
meeting due to the lack of VDOT acceptance at that time. In addition, the proffers have been further
updated to convert the ramp improvement to the I-81 Exit 317 Interchange to a cash proffer to address a
concern regarding potential conflict with upcoming SmartScale applications. VDOT has found the
updated language to be acceptable. Please refer to the redline version of the proffer for specific
language updates.
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.
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PLANNING COMMISSION SUMMARY AND ACTION FROM THE 03/16/22 MEETING:
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 (SWSA) and is located within the limits of
the Northeast Land Use Plan of the 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.
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• 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. 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 have agreed to participate in the future. They have submitted three (3) traffic
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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.
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
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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’s the timeline for the Redbud Road realignment.
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 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 pass by 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 Redbud 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
Yes: Orndoff, Jewell, Thomas, Triplett, Dawson, Kozel, Brannon, Markert, Aikens
No: None
Abstain: Brumback, Manuel
(Note: Commissioner Molden was absent from the meeting)
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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