HomeMy WebLinkAboutZTA200400009 Executive SummaryCOUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA 04 -09 Public Hearing to Amend the
Definition of "Transmission Lines, Gas or Oil"
SUBJECT /PROPOSAL /REQUEST: Amend Section 3.0
Definitions of the Zoning Ordinance for "Transmission Lines,
Gas or Oil"
STAFF CONTACT(S):
Amelia McCulley, Greg Kamptner
AGENDA DATE:
Planning Commission
Board of Supervisors:
ITEM NUMBER:
ACTION: Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS: Yes
REVIEWED BY: GK
January 11, 2005
February 2, 2005
INFORMATION:
INFORMATION:
BACKGROUND:
The Charlottesville Gas Division is currently proposing a 6" gas main trunk line from the General Electric Fanuc Plant in
Albemarle County along Route 29, extending to also provide service to Greene County. The Zoning Administrator has
again determined that this gas line is a transmission line, requiring a special permit for approval. The City of
Charlottesville has again filed an appeal of the Zoning Administrator's determination. The appeal is pending and is
scheduled for a February 8` public hearing with the Board of Zoning Appeals.
PUBLIC PURPOSE TO BE SERVED:
Staff recommends that revision to this definition will allow a more comprehensive review (as is required for a special
permit) for the impact caused by significant gas and oil transmission lines. This special use permit review would include
the impact on the Rural Areas and protected resources caused by proposed lines. The special permit review could also
consider the impact, including service to our development areas, from extensions to establish new systems in other
jurisdictions.
DISCUSSION:
Lines for the distribution of local oil or gas service to customers are permitted by right. The main gas or oil trunk lines
which serve the distribution lines and supply the system are transmission lines and require a special permit for approval.
Electrical power substations, transmission lines and related towers also require a special use permit for approval. Water
and sewer lines, interceptors and larger facilities are allowed by- right; however, they are subject to review for compliance
with the Comprehensive Plan.
The currently proposed 6" gas main trunk line will extend only about 1 1/2 miles along Route 29 in Albemarle County
before it reaches Greene County. Once there, it will extend another approximately 4 1/2 miles before the currently
proposed termination at the S.L. Williamson Asphalt Plant. In Greene County, 4" gas mains will extend from the 6" trunk
line at Routes 607 and 33. Smaller (2 ") lines serve numerous individual subdivisions. The City has explained that this
expansion of service can be provided with an increased supply within the existing lines.
This revised definition is not intended to require further approvals for the distribution lines. This revised definition is
intended to address the impact of the main trunk lines which cross the Rural Areas to provide service to the smaller
distribution lines. The fact that individual customers would be permitted to tap into a transmission line is not
determinative as to whether the line is a distribution or a transmission line. The fact that a new line does not directly
connect to a gas supply at a station or substation, is also not determinative as to the classification of the line. The
proposed ordinance definition parallels federal regulations for transmission, distribution, service and main natural gas
lines as found within 49 CFR § 192.3.
The City of Charlottesville Office of the City Attorney has submitted a letter of objection to this ZTA (Attachment C).
They ask "as a matter of fundamental fairness, that consideration of the City's plans by the Zoning Administrator, and if
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ZTA 04 -09 Transmission Lines
necessary by the BZA, be allowed to continue under the provisions of the Albemarle Zoning Ordinance as currently in
effect." They further state that revising the zoning ordinance definition that will require a special permit for more lines is
not consistent with the Comprehensive Plan and will result in difficulties for interpretation.
One of the points also made in the letter from the City relates to the fact that this definition would cause some existing
lines to become nonconforming to the requirement of a special use permit. Staff has not studied this issue extensively
and can offer preliminary comment. Those nonconforming transmission lines may remain and their use may continue
consistent with Virginia Code and Albemarle County Zoning Ordinance provisions. Maintenance of the lines is permitted;
however, enlargement or extension of these transmission lines would be subject to a special permit.
With regards to compliance with the Comprehensive Plan, staff recommends that the requirement of a special permit for
a broader definition of "transmission line" will better serve our Comprehensive Plan goals. To illustrate the point, staff
provides some relevant excerpts from the Comprehensive Plan:
The Land Use Plan chapter on "Other Utilities" states in part: "Natural gas service is provided to the City and
adjacent portions of the County..."
General Principles for Other Utilities:
1. Insure the adequate provision of ... natural gas services to support existing and anticipated development
in the County.
2. Locate other public utilities in a manner that has minimal impact on the natural environment.
The Land Use Plan chapter on "Growth Management and Facilities Planning Goals" states in part:
➢ The County's growth management goals are to be supported through the appropriate provision of
transportation, public utilities, and public facilities and services to designated Development Areas.
The provision of fire, rescue, and police protection, roads, utilities, school bus service, and other
governmental activities and functions to a large, dispersed rural population is viewed as inefficient
and contrary to the overall public interest in guiding new development to the designated
Development Areas.
➢ Emphasis is placed on providing a level of public service delivery that will support development in,
and direct development to, designated Development Areas. To accomplish this, service and
facilities will be provided at a much higher level in Development Areas than in the Rural Areas.
Those persons living in the Rural Areas should not anticipate levels of public service delivery equal
to services provided in the Development Areas.
Staff will address the three (3) criteria which the Board has previously asked staff to discuss with zoning text
amendments.
Administration / Review Process: Broadening this definition will Increase the number of lines which will require special
permits as opposed to being permitted by- right. This will increase the administration and review process for oil and gas
lines. Because it is not a frequent proposal, it is not expected to have much impact on staff.
Housing Affordability: The proposed amendment would not affect housing affordability.
Implications to Staffing / Staffing Costs: This amendment alone is not expected to generate much impact on staff
workload.
RECOMMENDATION:
Staff hereby recommends adoption of the draft ordinance found in Attachment B.
Attachment:
A Executive Summary and Resolution of Intent
B Draft Ordinance
C Letter of Objection from the Office of the City Attorney
D Proposed Distribution System Map