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Home My WebLink AboutSP200800054 Staff Report Special Use Permirt 2009-01-06STAFF PERSON: Eryn Brennan, Senior Planner PLANNING COMMISSION WORK SESSION: January 13, 2009 SP 2008 -54 Rivanna to Preddy Creek Transmission Line Applicant: Samuel Wilson, Rappahannock Electrical Cooperative APPLICANT'S PROPOSAL: To upgrade an existing three mile transmission line in northeast Albemarle County along the west side of Route 29 North. Approximately two miles of the transmission line are located in Albemarle County, while the remaining one mile lies in Greene County. The applicant is proposing to upgrade the existing double circuit electrical line to a triple circuit line, which would require replacing the existing 40 foot wooden poles with 75 foot galvanized steel poles. The new poles would be located within plus or minus five feet of the existing wooden poles. The existing 40 foot easement would also need to increase by 35 feet, although the net impact on adjacent landowners would be limited to 17.5 feet since the remaining 17.5 feet would be shared with the existing VDOT right -of -way (ROW) along Route 29. The existing 12,470 volt circuit and 34,500 volt circuit would remain and a 115,000 volt circuit would be added to the top of the proposed steel poles. LEGAL DESCRIPTION: PROJECT: SP200800054 Rivanna to Preddy Creek Transmission Line PROPOSED: Upgrade an existing 3 mile transmission line in NE Albemarle Co. along Rt. 29 ZONING CATEGORY /GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit /acre in development lots) SECTION: 10.2.2.6 Electrical power substations, transmission lines and related towers COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre in development lots) ENTRANCE CORRIDOR: Yes LOCATION: Rt. 29 North on west side, approx. half a mile south of intersection with Burnley Station Rd. and Fray's Mill Rd. TAX MAP /PARCEL: 02100- 00 -00- 01900; 021- 00- 00- 012D0; 02100- 00 -00- 01500; 02100- 00- 00- 015G0; 02100- 00- 00- 015B0; 02100- 00- 00- 016C0; 02100- 00 -00- 01600; 02100- 00 -00- 01700; 02100- 00- 00- 017A0; 02100- 00- 00- 007A0; 02100- 00- 00- 007C0; 02100- 00 -00- 00700; 02100- 00- 00- 006B0; 02100- 00- 00- 006E2; 02100- 00- 00- 006D0; 02100- 00- 00- 006I1; 02100- 00- 00- 006H0; 02100- 00- 00 -017CO MAGISTERIAL DISTRICT: Whitehall and Rivanna EXISTING CONDITIONS: The character of the area for the proposed transmission line upgrade is predominantly rural. The line crosses rolling terrain, cleared and wooded areas, and three stream buffers. Two Rappahannock Electric Cooperative (REC) lines currently extend from the Rivanna substation in Albemarle County, including a 35,000V (35 kV) and 13,200 V (15 kV). SP 2008 -54 Rivanna to Preddy Creek Transmission Line PC Work Session 1/13/09 The 35 kV line serves northern Albemarle County businesses as well as REC's Dunnes Substation, Quinque Substation, and Ruckersville DSP located in Greene County. The15 kV distribution lines leave each of these substations to feed REC members, 1,544 of whom live in northern Albemarle County. The proposed 115 kV transmission line would serve to "off load ", or supplement, the Rivanna substation's 35 kV transformer (see Attachment A). The applicant has indicated that the growth projected in northern Albemarle County and the Route 29 North corridor will soon overload the Rivanna substation's transformer, and the proposed 115 kV transmission line would allow REC to meet rising power needs in the northern Albemarle County community. The new 115 kV line would also allow REC to offer more reliable power service to members in northern Albemarle County by facilitating back feed from the new Preddy Creek substation in Greene County, should one or both transformers fail at the Rivanna substation. BACKGROUND: The Planning Commission has not reviewed an application concerning a proposed new transmission line or upgrade of an existing line since 1990. The last transmission line application, SP 1990 -99, concerned the construction of a new line by REC on properties between Route 29 and Route 763 (near Piney Mountain) going in an eastern and southern direction to the Proffit area. The Board of Supervisors approved the application on August 7, 1991. The guiding principles for the Rural Areas outlined in Chapter 4 of the Comprehensive Plan state that Albemarle County will, "Develop tools to direct residential development into designated Development Area, where services and utilities are available, and where such development will have minimum impact on rural resources and agricultural/forestal activities" (11). The proposed upgrade of the existing transmission line may encourage and facilitate residential and commercial development in the Rural Areas, which is generally discouraged in the Comprehensive Plan. The applicant has not as yet provided information indicating what their service area in Albemarle County benefitting from this upgrade would be. Another guiding principle outlined in the Comprehensive Plan is to, "Locate other public utilities in a manner that has minimal impact on the natural environment" (133). The nearly double- height galvanized steel poles and significant increase of the utility easement may have a detrimental impact on the rural character of the area. However, the guiding principles also state that Albemarle County will, "Protect and enhance rural quality of life for present and future Rural Area residents and address the needs of existing rural residents without fostering growth and further suburbanization of the Rural Areas." The applicant's proposal is intended to improve electric services and would allow the REC to improve services for the 1,544 residents they currently serve in Albemarle County. The proposed upgraded line may also improve and expand service in the Development Areas, which is generally encouraged in the Comprehensive Plan. To reiterate, the applicant has not as yet provided information indicating what their service area in Albemarle County benefitting from this upgrade would be. The Comprehensive Plan also proposes to, "Insure the adequate provision of electricity, telephone, and natural gas services to support existing and anticipated development in the County" (133). The SP 2008 -54 Rivanna to Preddy Creek Transmission Line 2 PC Work Session 1/13/09 additional transmission line would improve electric service for existing development and further support anticipated development in the County. The applicant has indicated that an alternative to upgrading the existing transmission line would be to create a new utility line in virgin ROW. This alternative is not consistent with the Comprehensive Plan and is not a preferred option. It should be noted that the applicant has not yet acquired the signatures of all the property owners affected by the proposed transmission line upgrade. The Zoning Division has stated that these signatures will be required before a public hearing can be scheduled, and that they will work with the County Attorney to verify that this condition is met. It should also be noted that this application would require approval by the Architectural Review Board since Route 29 North is an Entrance Corridor. No ARB application has been submitted at this time. PURPOSE OF THE WORK SESSION: Given that this application cannot be scheduled for a public hearing and the Planning Commission has not reviewed an application concerning a new transmission line or transmission line upgrade since 1990, staff felt a work session would provide an opportunity to review the proposed transmission line expansion and to explore some of the issues which have surfaced during the initial review of the Special Use Permit application. QUESTIONS FOR THE PLANNING COMMISSION: Issue 1: Service Area The REC currently serves approximately 91,000 people, only 1,544 of which reside in Albemarle County. REC serves 10,380 members in Louisa County, 8,735 members in Orange County, and 4,187 members in Greene County. Question: Which area(s), particularly in Albemarle County, would most benefit from the transmission line upgrade? Can Albemarle and neighboring counties still be served without a transmission line upgrade? Discussion: The applicant has projected load estimates for 2010 and suggested that the Rivanna substation will be over 110% of its maximum capacity. However, this projected load estimate incorporates service areas in neighboring counties, and hence cannot be attributed solely to growth in Albemarle County. Naturally some residential growth will occur in northern Albemarle, along with some new commercial development along Route 29 North. As the applicant has not yet provided information indicating what their service area in Albemarle County benefitting from this upgrade would be, it is unclear whether the proposed upgrade would benefit residents in the Rural Area or Development Areas. However, given that the area surrounding the proposed transmission line upgrade is primarily zoned Rural Area, it seems that growth in this area would be more limited than in the Development Areas, and therefore demand for more power would not be as great as anticipated. SP 2008 -54 Rivanna to Preddy Creek Transmission Line 3 PC Work Session 1/13/09 The transmission line upgrade would improve power services to the 1,544 residents in Albemarle County by limiting the possibility of power disruption due inclement weather. However, the number of customers REC serves in Albemarle County constitutes 1.7% of their total customer base. Understanding exactly what areas and which existing and potential customers would be served by the proposed transmission line upgrade would help determine whether upgrading the transmission line would be justified in order to provide improved electrical services. If the applicant can demonstrate a significant benefit to residents and businesses in Albemarle County, particularly in the Development Areas, then upgrading the transmission line may be justified. On the other hand, if the beneficiaries of the proposed transmission line reside primarily in adjacent counties, an upgrade of the transmission line in Albemarle County may not be justified. Staff recommends that the applicant provide more information regarding the area and customers that would be served by an upgraded transmission line in order to demonstrate a sufficient need and benefit to Albemarle County residents. Issue 2: Placing Upgraded Transmission Line Underground Question: Could the upgraded transmission line be placed underground in order to mitigate the negative impact of the taller poles and wider easement on the surrounding rural area? Discussion: If it is determined that a need exists in Albemarle County and the surrounding area to upgrade the existing transmission line, an alternative solution, such as placing the upgraded line underground, may be a more appropriate course of action than constructing new poles twice as tall as the existing poles and increasing the easement by 50 %. Placing the upgraded utility line underground would have a less detrimental impact on the surrounding rural character of the area than taller poles and a wider easement. The applicant has indicated that placing the transmission line underground would present a significant financial burden on the front end of the project. However, placing the line underground would most likely obviate the need, and hence cost, for maintenance of the ROW. Placing the line underground would also reduce maintenance needs on the poles and line in the event of inclement weather, which could account for significant savings in the future. A long -term cost - benefit analysis and project proposal would assist in understanding the benefits and/or risks involved in placing the upgraded transmission line underground. Staff recommends that the applicant submit a long -term cost - benefit analysis of placing the proposed upgraded transmission line underground, in order to mitigate detrimental impacts the taller poles and wider easement would have on the rural character of the surrounding area. Issue 3: Increased Easement SP 2008 -54 Rivanna to Preddy Creek Transmission Line 4 PC Work Session 1/13/09 The applicant is proposing to increase the easement on adjacent land west of the proposed transmission line upgrade by 17 1/2 feet. Question: Does the applicant intend to clear existing vegetation in the increased ROW? How does the applicant intend to maintain the easement? Discussion: The applicant has indicated that they maintain the current easement by clearing vegetation on a periodic basis and using herbicides, and would prefer to continue with this method of maintenance. If the existing easement is expanded by 17 1/2 feet, presumably additional vegetation would need to be cleared in the expanded ROW, which could a have a detrimental impact on the rural character along the west side of Route 29 North. Expansion of the easement along cleared portions of the transmission line corridor would not require removing additional vegetation. However, there are several wooded areas along the corridor where expanding the easement would require removing additional vegetation, as shown in Attachments B -D. Staff recommends the applicant submit a more detailed landscape plan along the proposed transmission line upgrade to determine the extent to which additional vegetation may need to be removed in the widened easement and the subsequent impact on the rural character of the area. Issue 4: Stream Buffers The proposed transmission line upgrade would cross three stream buffers. Attachments B, C, and D show the location of the streams and stream buffers along the proposed transmission line upgrade corridor. Question: Does the applicant intend to clear existing vegetation in the increased ROW crossing the three stream buffers during and after construction of this line? Does the applicant intend to use herbicides in the three stream buffers? Discussion: Albemarle County's Water Protection Ordinance has established stream buffers, "to maintain areas of vegetation along perennial streams and associated wetlands in order to retard water runoff, prevent erosion, and filter pollutants from runoff' (Comprehensive Plan, 31). The Comprehensive Plan further states that, "...it is better to leave existing buffer areas undisturbed than to attempt to recreate buffers through revegetation, which can be costly and have uncertain success" (31). Construction of the proposed galvanized steel poles will have little impact on the stream buffers since most of the work will be done above ground. However, the applicant has indicated a desire to remove existing vegetation along the increased ROW and continue the use of herbicides to maintain the easement. Removing existing vegetation in the stream buffers would have a detrimental impact on the streams by facilitating runoff, erosion, and allowing pollutants from runoff to enter the streams. Additionally, the use of herbicides in the stream buffers would have a detrimental impact on the streams by allowing chemical herbicides to infiltrate the streams through runoff. SP 2008 -54 Rivanna to Preddy Creek Transmission Line 5 PC Work Session 1/13/09 Staff recommends that the Planning Commission advise the applicant to protect vegetation in the stream buffers and to not use herbicides in the three stream buffers. RECOMMENDATION: Staff asks that the Planning Commission respond to the Questions posed above and provide any other guidance it feels is relevant to further consideration of this proposal. ATTACHMENTS: A Diagram showing the existing and proposed future transmission line conditions B Map showing the first stream buffer 260 feet north of Dickerson Lane C Map showing the second stream buffer 885 feet south of Fray's Mill Rd. D Map showing the third stream buffer 30 feet north of Short Rock Rd. 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