PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

 Board of Supervisors Meeting Date:

 

Lewis J. & Martha Bender, Owners

Dominion Transmission, Inc., Applicant

 

March 15, 2004

Staff Lead: 

Department:

 

Holly Meade, Planner

Community Development

 

Magisterial District:

 

PIN:

 

Cedar Run

7941-23-4200-000

 

Topic:

A Resolution Approving Dominion Transmission Inc.ís Proposed Compressor Facility in the Southern Fauquier Agricultural and Forestal District
and
A Resolution to Approve a Comprehensive Plan Conformance Determination in Accordance with the Code of Virginia, Section 15.2-2232 and a Category 20 Special Exception to Allow the Construction of a Gas Compressor Station

 

Topic Description:

 

The applicantís request requires three separate actions by the Board of Supervisors.  First, since the property is located in an Agricultural and Forestal District, the Board must determine whether the proposed action might have an unreasonable effect upon either State or Local policy and provide service to the public in the most economical and practicable manner in accordance with the Code of Virginia, Section 15.2-4313.  Second, the Board must find the proposal in compliance with the Comprehensive Plan in accordance with the Code of Virginia, Section 15.2-2232.  Finally, the applicants have requested Special Exception approval for the construction of a gas compressor station.

 

Dominion Transmission, Inc. (DTI) currently has a contract with Lewis J. and Martha M. Bender to purchase approximately 30.63 acres of their 282.5-acre parcel, for the development of a gas compressor station.  The proposed site is adjacent to DTIís existing measuring and regulating station and gas transmission facilities, identified as P.I.N. 7941-32-2192-000, containing approximately 1.18 acres.  The DTI properties are adjacent to major regional gas transmission lines.  DTI proposes to do a boundary line adjustment with the existing parcel prior to site plan submittal, if the Special Exception is approved.

 

The 282.5 acre Bender property is one of 253 properties that comprise the 19,212-acre Southern Fauquier Agricultural and Forestal District, which expires on February 16, 2006.  The property has been in the Agricultural and Forestal District since 1996.  Because the property is located within an Agricultural and Forestal District, pursuant to the Code of Virginia, Section 15.2-4313, the proposal requires review and approval by the Board of Supervisors in addition to Special Exception approval and a finding of compliance with the Comprehensive Plan.

 

The proposed compressor facility is one of two new gas compressor facilities DTI is proposing to build as part of a regional expansion project.  The applicant indicates that the additional compressor is needed to fulfill requests for service by DTIís Mid-Atlantic customers, such as Virginia Natural Gas.  The Federal Energy and Regulatory Commission (FERC) has reviewed the proposed application and, on September 11, 2003, issued an order to construct the facility, finding the project was in the public interest and posed a minimal impact to the environment. 

 

The compressor station will involve the installation of a 6,000 hp gas-fired turbine, 1,600 feet of 24-inch diameter suction pipe, a 20-inch diameter discharge pipe, support buildings and ancillary equipment necessary for the stationís operation.  The proposed area of disturbance is approximately 4.5 acres.  As proposed, the facility will be completely fenced and screened.  Dominion indicates the facility may be intermittently manned with at least one employee as much as eight hours per day, but also will be designed for remote operations from DTIís headquarters in West Virginia. 

 

The proposed compressor station is part of a larger Mid-Atlantic project aimed at improving the delivery of natural gas in the area.  The applicant states that upon completion of the project, DTI will be able to provide an additional 223 million cubic feet per day of incremental gas flow to end users in the northern and central Virginia areas.  DTI has indicated that a location in this general area is necessary, since it is near the end of DTIís existing gas transmission facilities.   This site was selected mainly due to its location adjoining an existing DTI facility (the M&R station).  Dominion indicates that any other location would be significantly more expensive and create substantially more impacts, because in addition to constructing the compressor station, a pipeline would also have to be constructed.

 

Requested Action of the Board of Supervisors:

 

Hold a public hearing and consider adoption of the following resolutions:

 

1.              A Resolution Approving Dominion Transmission, Inc.ís Proposed Gas Compressor Facility in the Southern Fauquier Agricultural and Forestal District.

 

2.              A Resolution to Approve a Comprehensive Plan Conformance Determination in Accordance with the Code of Virginia, Section 15.2-2232, and a Category 20 Special Exception to Allow the Construction of a Gas Compressor Station

 

 

 

 

Planning Commission Action:

On January 29, 2004, the Planning Commission held a public hearing on the proposed Special Exception and Comprehensive Plan Compliance requests.  At its February 19, 2004 meeting, the Commission determined the proposed public utility was not in conformance with the Comprehensive Plan and recommended denial of the Special Exception due to air quality and various other issues.  However, the Commission did request the conditions of approval be forwarded to the Board of Supervisors.  These development conditions are listed in the Resolution for Approval as Attachment 2.  The Planning Commission felt, if approved, a time limit should be placed on the special exception approval.  Included in the Resolution for Approval at Attachment 2 is item 16, which limits the special exception approval to five years from the issuance of the Certificate of Occupancy.

 

Financial Impact Analysis:

N/A

 

Summary Staff Report:

 

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Staff and referral agency findings, comments, and recommendations are available upon request.

 

Land Area, Location and Zoning

The property is located in Catlett on Route 640 at 2028 Lawís Ford Road.  The property is zoned Rural Agricultural (RA).  An existing 240-foot Virginia Power Transmission Easement and existing electric transmission facilities are located on the east side of the proposed 30.63-acre portion of the property, along with a Virginia Natural Gas transmission easement and pipeline.

 

Ordinance and Code Requirements

The Code of Virginia, Section 15.2-4313, sets forth a specific procedure that must be followed by a public service corporation proposing to acquire more than one acre of land within an agricultural and forestal district. 

 

This procedure requires that notice be given to the County, and that the Board of Supervisors determine the following, in consultation with the Planning Commission and the Agricultural and Forestal District Advisory Committee: 

 

(i)         the effect the action would have upon the preservation and enhancement of agriculture and forestry and agricultural and forestal resources within the district and the policies set forth in the state code; and 

 

(ii)                the necessity of the proposed action to provide service to the public in the most economical and practicable manner. 

 

(iii)               whether reasonable alternatives to the proposed action are available that would minimize or avoid any adverse impacts on agricultural and forestal resources within the district.

 

On November 5, 2003, the Agricultural and Forestal Advisory Board reviewed the proposal, and on November 20, 2003, the Planning Commission reviewed the proposal.  After recommendation from both advisory committees, on December 15, 2003, the Fauquier County Board of Supervisors extended the review period for DTIís proposal from 90 days to 150 days or until March 30, 2004, so that the County could hold a public hearing and further review the proposed facility.  At the end of the 150 day period, the Board of Supervisors must render a final decision as to whether or not the proposal is approved.  Under the State code provision, Dominion could appeal any decision of the Board of Supervisors to the Circuit Court.

 

A Major Site Plan will be required prior to obtaining building and zoning permits.   The site plan will need to be in general conformance with the approved Special Exception, provisions of Article 12 of the Fauquier County Zoning Ordinance and the bulk regulations for the underlying (RA Agriculture) district.

 

Comprehensive Plan

The subject property is designated as a rural area and is subject to the Rural Areas Land Use Plan, Chapter Eight, of the Comprehensive Plan. 

Under Section 15.2-2232 of the Code of Virginia, this application is required to be determined in substantial accord with the Comprehensive Plan.  The general intent of the Comprehensive Plan with regard to rural areas is to protect and preserve farmland, historic sites and open space. 

Chapter Nine of the Comprehensive Plan addresses public facilities and utilities goals.  These policies state:

 

                  All public facilities and utilities should be designed and developed so as to limit environmental degradation;

                  Gas/petroleum products pipe lines and electrical transmission lines should be grouped in designated utility corridors where appropriate to avoid scattered placement of these utilities in the county; and

                  Plan for necessary public facilities and utilities through public and private cooperation within those areas presently containing services, and to establish priorities for service implementation in those areas not presently served.

 

The Board of Supervisors should consider these factors in determining if this application is in conformance with the Comprehensive Plan as a public utility.

 

Impact on Agriculture  

The property is zoned Rural Agriculture, and is utilized for agricultural purposes, planted with soybeans, barley and corn.  According to the applicant, no wetlands or other environmentally sensitive areas, cemeteries, floodplains, etc. have been identified on the portion of the property being acquired.

 

The Environmental Assessment prepared for the Federal Energy Regulatory Commission for the project notes:

 

The site for the station has soil limitations which include a seasonal high water table.  About 4.1 acres of cropland would be disturbed by construction of this facility.  About 2.2 acres of farmland would be taken out of production permanently.  The remaining 1.9 acres would be located along the ROW for the suction and discharge lines associated with this station and this land could be returned to agricultural use.  About 0.8 acre of prime farmland soil would be permanently disturbed since it would be within the fenced area of the compressor station.

 

The applicant further notes that they have not applied to remove the property from the Agricultural and Forestal District because under the terms of their agreement with the Benders, all but a 4.5-acre portion of the property will be leased back to the Benders to be farmed.

 

The Agricultural and Forestal Advisory Board recommended on November 5, 2003, that the Board of Supervisors, as part of any approval, require that the majority of the land be made available to the Benders for farming as long as the parcel remains in the Southern Fauquier Agricultural and Forestal District.  This has been addressed in the Special Exception conditions.

 

Summary and Recommendation

The proposed Special Exception, subject to the conditions of development, is in general conformance with the Comprehensive Plan and Zoning Ordinance.  Staff concurs with the Planning Commission recommendation of approval.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Commissioner of the Revenue

ATTACHMENTS:

 

  1. A Resolution Approving Dominion Transmission, Inc.ís Proposed Gas Compressor Facility in the Southern Fauquier Agricultural and Forestal District.
     
  2. A Resolution to Approve a Comprehensive Plan Conformance Determination in Accordance with the Code of Virginia, Section 15.2-2232, and a Category 20 Special Exception to Allow the Construction of a Gas Compressor Station
     
  3. Planning Commission Staff Report