Gateway Hanover: Eminent domain needed to fix traffic?
By ASHLEY ADAMS
Evening Sun ReporterArticle Launched: 06/08/2008 09:51:47 AM EDT
Would Hanover Borough use eminent domain to help get Gateway Hanover built?
Probably not, but Gateway Hanover developers had to ask anyway because of extensive traffic improvements needed on Eisenhower Drive, according to the Pennsylvania Department of Transportation.
PennDOT might bend on some improvements, but that has some worried about traffic tie-ups in the future.
Although developers are already planning intersection improvements, PennDOT wants significantly more improvements to ensure the traffic flow doesn’t get significantly worse when the stores open.
The developers say they are willing, but it might take a little help from the borough because they suspect many of the affected property owners wouldn’t sell voluntarily.
During a planning committee meeting Wednesday, Allen Smith, vice president of Conewago Contractors and co-developer of the project, said he needs to know if the borough is willing to use its eminent-domain powers to acquire the necessary rights of way from businesses on the Golden Mile.
Without eminent domain, Smith said he won’t be able to make the improvements sought by PennDOT, since most businesses aren’t willing to give up their land.
“I’m not crying the blues,” Smith said. “I’m not trying to shun any responsibilities. I’m just not going to be able to bring it back to the existing level of service.”
Some of the businesses that would be affected include Pizza Hut, Sheetz, Champion Chevrolet, Jiffy Lube and Utz, among others.
Although he hasn’t contacted all the property owners yet, Smith said he knows some will not agree to have their land taken. Conewago’s partner on the Gateway Hanover project, Bob Monahan, still has ownership in some of the businesses on the Golden Mile and will help to make the process go smoother.
“The properties that I have ownership in will fully cooperate in this process,” Monahan said Friday. “It’s up to the other owners whether they want to cooperate also.”
Smith and Mark Campbell, with HRG, the engineering firm for the project, presented plans for their proposed intersection improvements, along with PennDOT recommendations to bring the intersections back to the level of service they are at now, before Gateway Hanover is put in.
Those PennDOT recommendations are negotiable, however, if it proves impossible to obtain the necessary land.
The Gateway Hanover project will stretch over two parcels - one owned by Monahan and the other owned by Conewago Contractors - that span the borough and Penn Township in York County and Conewago Township in Adams County. The shopping complex will front Route 94 and wrap behind Champion Chevrolet and Lowe’s along Eisenhower Drive.
The shopping center is expected to include more than 800,000 square feet of retail space in more than a dozen retail stores, several restaurants and a convenience store.
Campbell said Wednesday that in addition to building the shopping complex behind Eisenhower Drive, the project proposes improving 11 intersections throughout the Hanover area. Improvements to the intersections were required by PennDOT after a traffic study was conducted.
PennDOT requires a developer to conduct a traffic study before a Highway Occupancy Permit is issued. Crochunis said the traffic study includes an estimate of how much new traffic will be added to the roads and what is needed to keep the roads safe and the traffic flowing. A copy of that report was not immediately available.
PennDOT takes its own preliminary numbers and checks to make sure the traffic study is “up to snuff,” Crochunis said.
But PennDOT also requires the developer to increase the level of service of an intersection to what it was before the increased traffic was brought to the area. Crochunis said a waiver for this requirement is available if the developer can prove the requirements can’t be met.
“Waivers are part of the process,” Crochunis said. “It probably happens regularly. But we need to get together and find a way to move traffic the best way through the corridor.”
And it doesn’t look like the borough is willing to condemn property for Gateway Hanover.
“To use eminent domain would mean getting rid of businesses,” said Heidi Hormel, chairwoman of the planning committee.
For example, to increase the level of service at the intersection of Carlisle Street at Eisenhower Drive, after Gateway Hanover is built, to what it is now, Campbell said, a right-turn only lane onto Eisenhower Drive from Carlisle Street would be required. Currently, PennDOT has plans to widen Carlisle Street, which would turn the current right-turn only lane into a through and right-turn lane.
For Gateway Hanover to make the necessary intersection improvements, about 10 feet of land would need to be acquired from Sheetz. This would take away from the parking.
PennDOT standards also require a right-turn only lane onto Carlisle Street from Eisenhower Drive, Campbell said. This would take the road right through the Pizza Hut restaurant on the corner.
At the intersection of Eisenhower Drive and Eichelberger Street, Campbell said land would need to be acquired from the North Hanover Mall. Smith said discussions are under way with mall ownership.
At the intersection of Eisenhower Drive and Wilson Avenue, land would need to be taken from the Champion Chevrolet dealership. Smith said Champion is not willing to give up the land.
At the intersection of Eisenhower Drive and Hanover Crossing Shopping Center, most of Red Lobster’s parking lot would be needed.
And, finally, at the intersection of Eisenhower Drive and Broadway, the Utz Quality Foods plant would lose its front parking lot, Jiffy Lube would lose some of its car washes and the road would be widened right up to the porches of the homes on Broadway.
Smith asked the planning committee members if they would be willing to write a letter to PennDOT saying they are opposed to declaring eminent domain. Smith said if he can prove that they can’t acquire the land needed for the improvements, PennDOT will sign a waiver.
Hormel said the borough is working with the developer to make the intersections on Eisenhower Drive the best they can be with what is already out there. Although she does have some concerns with the intersections not functioning as well as they do now, Hormel said it all comes down to safety and the future.
Monahan said he is doing everything possible to accommodate PennDOT and the municipalities affected by Gateway Hanover.
“We can only do what we can do,” Monahan said. “We are optimistic. We have been involved with this project for close to two years. We have had numerous meetings with PennDOT and studies done by traffic engineers.”
Hormel said there may not be a problem initially with the intersections, but years into the future Eisenhower Drive might have to be reconfigured. Plus, Hormel added, it’s hard to judge the impact of Gateway Hanover without knowing what businesses will be located there.
Smith said he is working on finalizing leases with retail stores that have already committed to Gateway Hanover. He said he will be making an announcement soon with the names of the stores.
Smith said he hopes to start grading the land behind Eisenhower Drive in the next four to six weeks.
Contact Ashley Adams at aadams@eveningsun.com.
PROPOSED INTERSECTION IMPROVEMENTS
* Intersection retiming at Carlisle Street and Eisenhower Drive.
* Intersection retiming at Carlisle Street and Radio Road.
* Restriping westbound approach to provide a left turn lane, through lane and right turn lane; and intersection retiming at Carlisle Street and Kuhn Drive.
* Intersection retiming at Carlisle Street and Clearview Road.
* Intersection retiming at Carlisle Street and Elm Street.
* Intersection retiming at Dart Drive and Eichelberger Street.
* Intersection retiming at Eisenhower Drive and Eichelberger Street.
* Constructing a left turn lane southbound, which will provide two left turn lanes; constructing a left turn lane eastbound, which will provide two left turn lanes; and intersection retiming at Eisenhower Drive and Wilson Avenue.
* Intersection retiming at Eisenhower Drive and Hanover Crossing Shopping Center.
* Turning Wilson Avenue into a collector roadway between Carlisle Street and Eisenhower Drive with appropriate