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Home My WebLink AboutSP201500004 Staff Report 2015-04-21 OY A COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: SP201500004 Gordonsville- Staff: Scott Clark, Senior Planner Somerset Planning Commission Public Hearing: Board of Supervisors Public Hearing: April 21 2015 TBA Owner: Lawson,Albert J Estate; Merle Applicant: Dominion Virginia Power Underwood Lawson& Robert J Lawson, Trustees (Parcels 37-11, 37-11B); Virginia Electric& Power Co(Parcel 37-11A—substation) Acreage: 260.051 acres Special Use Permit: 10.2.2.6, Energy and communications transmission facilities (reference 5.1.12) TMP: 03700-00-00-01100, 03700-00-00-011AO, Existing Zoning and By-right use: 03700-00-00-011BO RA -- Rural Areas: agricultural, forestal, and Location: 8258 Gordonsville Road fishery uses; residential density(0.5 unit/acre in development) Magisterial District: Rivanna Conditions: Yes Associated Special Exceptions: No RA(Rural Areas): X Requested# of Dwelling Units: NA Proposal: Comprehensive Plan Designation: Rural Areas -preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/density (0.5 unit/acre) Character of Property: The property is primarly Use of Surrounding Properties: open farmland,with an adjacent electric Surrounding properties include farms, substation. forests, and residences Factors Favorable: Factors Unfavorable: None found. 1. The proposed upgrade would remain within a longstanding utility corridor. 2. No significant new physical or visual impacts would be created by the upgrade. RECOMMENDATION: Staff recommends approval of this Special Use Permit,with conditions. SP2015-00004 Gordonsville-Somerset PC April 21,2015 Staff Report Page 1 STAFF PERSON: Scott Clark PLANNING COMMISSION: April 21,2015 BOARD OF SUPERVISORS: TBA PETITION: PROJECT: SP201500004 Gordonsville-Somerset Rebuild Project MAGISTERIAL DISTRICT: Rivanna TAX MAP/PARCEL: 03700-00-00-01100, 03700-00-00-011AO, 03700-00-00-011B0 LOCATION: 8258 Gordonsville Road PROPOSAL: Replace existing electrical-transmission-line, and replace existing wooden poles with steel structures approximately 16 feet taller PETITION: Energy and communications transmission facilities under section 10.2.2.6 of the Zoning Ordinance (reference 5.1.12). No dwelling units proposed. ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) ENTRANCE CORRIDOR: Yes COMPREHENSIVE PLAN: Rural Areas – preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots) CHARACTER OF THE AREA: The surrounding area is characterized by farms, wooded parcels, and large residential lots. PLANNING AND ZONING HISTORY: Power lines have been in place in this location for decades—the original right-of-way easement granted to the electrical utility of the date was recorded in 1927. Power lines have been in the corridor since that era. Under the current zoning ordinance, the facilities are an existing non-conforming use and need a special use permit to bring the facilities into compliance for the upgrade. The Lawson property (Parcels 37-11 and 37-11B) is under a conservation easement acquired under the County's Acquisition of Conservation Easements (ACE)program. However, as Dominion's power-line easement predates that conservation easement, work permitted by Dominion's easement is not subject to the restrictions of the conservation easement. A condition of approval recommended by staff would ensure that the new facilities remain within the pre-existing right-of-way, as proposed by the applicants. Agriculture on the property is currently conducted under and around the Dominion facilities, and the new facilities would still allow that. DETAILS OF THE PROPOSAL: A special use permit is being requested in accordance with section 10.2.2.6 of the Zoning Ordinance, which permits energy and communications transmission facilities, to allow the replacement of existing power transmission lines and their supporting towers. The existing six wooden towers (see Attachment B) would be replaced with six rust-colored metal towers that would be approximately 16 feet taller than the existing towers. The purpose of the replacement is SP2015-00004 Gordonsville-Somerset PC April 21,2015 Staff Report Page 2 to make upgrades to the electrical infrastructure to support increased demand. The majority of the replacement project will take place in Orange County, but the line extends into Albemarle to the substation on Route 646. STAFF COMMENT: Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. Once installed, the replacement towers and lines would be within the route of the existing facilities and would not create new impacts on adjacent properties. Character of district unchanged. The character of the district will not be changed by the proposed special use. The replacement of towers and lines within an existing corridor would not change the character of the district. There would be no long-term impacts to farming on the property. The power-line corridor is within view of the designated Entrance Corridor overlay district on Route 231. However,the replacement of existing structures and lines, and the relatively small increase in height of the towers, are not expected to have any significant new impact on the corridor. (See Attachment C for photographs of the existing and proposed towers.) Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, The Zoning Ordinance is intended to, among other goals,to "facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements." Electrical utilities consistent with current needs can be considered"public requirements." ...with the uses permitted by right in the district The power lines would not conflict with agriculture, forestry, conservation, or by-right uses such as residences in the district. SP2015-00004 Gordonsville-Somerset PC April 21,2015 Staff Report Page 3 ...with the regulations provided in section 5 as applicable, 5.1.12 PUBLIC UTILITY STRUCTURES/USES a. The proposed use at the location selected will not endanger the health and safety of workers and/or residents in the community and will not impair or prove detrimental to neighboring properties or the development of same; The proposed facilities are in the location of long-standing transmission facilities and the adjacent substation. No new use is proposed. b. Public utility buildings and structures in any residential zone shall, wherever practical, have the exterior appearance of residential buildings and shall have landscaping, screen planting and/or fencing, whenever these are deemed necessary by the commission; In addition, trespass fencing and other safety measures may be required as deemed necessary to reasonably protect the public welfare; In cases of earth-disturbing activity, immediate erosion control and reseeding shall be required to the satisfaction of the zoning administrator; The only proposed structures are the replacement towers, which are not significantly different from the existing towers. Earth-disturbing work will be minimal, as the site is relatively level and not wooded. c. Such structures as towers, transmission lines, transformers, etc., which are abandoned, damaged or otherwise in a state of disrepair, which in the opinion of the zoning administrator pose a hazard to the public safety, shall be repaired/removed to the satisfaction of the zoning administrator within a reasonable time prescribed by the zoning administrator; No such structures currently exist. However, the existing structures will be removed and replaced by the new steel structures. d. In approval of a public utility use, the commission shall be mindful of the desirability of use by more than one utility company of such features as utility easements and river crossings,particularly in areas of historic, visual or scenic value, and it shall, insofar as practical, condition such approvals so as to minimize the proliferation of such easements or crossings, as described by the comprehensive plan. No new easements or crossings are proposed, and the new facilities would effectively use the existing corridor. SP2015-00004 Gordonsville-Somerset PC April 21,2015 Staff Report Page 4 ...and with the public health, safety and general welfare. Replacement of existing power lines in the same corridor does not introduce new safety issues. Provision of upgraded power-transmission lines can increase general welfare by ensuring more consistent service during periods of high demand. Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. The Land Use Plan includes a goal to "Strongly support and effectively implement the County's growth management priorities in the planning and provision of transportation infra structure, public facilities and public utilities." While this goal would be an important factor for new facilities, the current proposal is an upgrade of existing facilities to meet needs within and beyond the County. Staff feels that the proposal does not conflict with the Comprehensive Plan. The property is under a conservation easement, which is supportive of the Rural Areas goals in the Comprehensive Plan. The proposal would not have significant new impacts on the property or conflict with the agricultural uses permitted under the easement. SUMMARY: Staff has identified the following factors favorable to this application: 1. The proposed upgrade would remain within a longstanding utility corridor. 2. No significant new physical or visual impacts would be created by the upgrade. Staff has identified no factors unfavorable to this application: RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP201500004 Gordonsville-Somerset subject to the following condition: 1. Transmission lines and supporting structures on the property shall remain within the right-of-way easement recorded at the Albemarle County Circuit Court in Deed Book 738, Page 758. SP2015-00004 Gordonsville-Somerset PC April 21,2015 Staff Report Page 5 PLANNING COMMISSION MOTION: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP2015-00004 Gordonsville-Somerset subject to the condition as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP2015-00004 Gordonsville-Somerset. Should a commissioner motion to recommend denial, he or she should state the reason(s)for recommending denial. ATTACHMENTS Attachment A—Area Map Attachment B—Site Map Attachment C—Existing and Proposed Tower Designs SP2015-00004 Gordonsville-Somerset PC April 21,2015 Staff Report Page 6 / 4, / 1 / 7 Attachment A no- , 1 I 0 ci/ <\ I 70 , m 73 • o ,r------Atip -----__ / ( ) -_,„,.....,.;„ ,. N , 6 41P-::-`7----- \ --10„-----„. LOLL, "- ''.--\ '‘6% '.4604 tS1 / (4i „"------------.,, / (0 ) \v' '' 0 ' •A\ ( 'L.\ / ts"'- •.9)2; , / r— i \ , . ilf-P-f-?/p-\./--r4•-0__,:.---)--,, Y/, A.:, \ r k'-, t ,4 0 (., ,, i s-• ' ) --qz;) ,\ \ , ..,,, . 4 - , -"- --- \ (` ---c-------- )).- LOUISA RD . . , ',,,/-- —5---,:------ \ / ... - ( ---\' SP2015-00004 Gordonsville-Somerset A 0 0.25 0.5 1 aiii=======Miles SP2015-00004 Gordonsville-Somerset PC April 21,2015 Staff Report Page 7 � _ �_- r . ' ' Attachment B a / . 4f. Existing Tower t O • Existing Tower Existing Tower Existing Tower . " f. o } 4.4", Existing Tower .. ' Ate^ /A,Substation ,,,`,,` �,i SP2015-00004 Gordonsville-Somerset A 0 250 500 1,000 Feet SP2015-00004 Gordonsville-Somerset PC April 21,2015 Staff Report Page 8 ` Attachment C R + 4Mn1! m 4 7 I 40 - � "l l 1$100, [ :r s } 4$ xyy, 71,54 libtioti '�} 4 ✓y 1. el .v ti a , A SP2015-00004 Gordonsville-Somerset PC April 21,2015 Staff Report Page 9 I