PUBLIC HEARING REQUEST
Board of Supervisors Meeting Date:
Robert C. Counts Community Development
Magisterial District: Lee
Service District: None
SEA03-L-12 and SE03-L-28:
An amendment to SE00-L-17 and a Category 23 Special Exception to allow use
in a floodplain, Marsh Run
Generation, LLC (Old Dominion Electric Cooperative), Applicant.
This report covers two topics: SEA03-L-12 and SE03-L-28. The first is an amendment to an existing Special Exception to allow for access via a private road and some minor changes to other Special Exception conditions. The second is a new Category 23 Special Exception to allow the crossing of a flood plain in order to construct the private road.
current Marsh Run Special Exception allows the applicant two options for
vehicular access between the Project and
to avoid a major floodplain crossing, the Virginia Power access route has
been modified to cross through another adjacent property identified by
PIN: 6897-19-0471-000 and known as the Leepson property. This
modification, while not altering the concept of access to the Marsh Run
site via the Virginia Power site, is significantly different from the
access originally approved as to require an amendment to SE00-L-17.
In addition to a modification of the route of access to the generation facility, the applicant is also seeking two revisions to the Special Exception conditions. The first requested amendment to Special Exception #SE00-L17 will allow Old Dominion Electric Cooperative (ODEC) and the Fauquier County Water and Sanitation Authority (WSA) additional time to reach an agreement on the use of effluent water as a cooling agent at the generation plant.
Currently, Condition 15 To Special Exception #SE00-L17 reads as follows:
15. Prior to submitting the site plan for County review and action, the Applicant shall complete an executed agreement with the Fauquier County Water and Sanitation Authority (WSA) regarding the construction of lines conveying treated effluent to the peaking facility and returning product water to the Remington Wastewater Treatment Facility, the quantity of effluent to be used, and associated topics (emphasis added).
The applicant is requesting that Condition 15 be amended as follows:
15. Prior to September 1, 2003, the Applicant shall complete an executed agreement with the Fauquier County Water and Sanitation Authority (WSA) regarding the construction of lines conveying treated effluent to the peaking facility and returning product water to the Remington Wastewater Treatment Facility, the quantity of effluent to be used, and associated topics (emphasis added).
The second requested amendment is a modification to Condition 25, originally requested by VDOT. The condition relates to the authorization to use public roadways to bring equipment and materials on to the site. The change reflects a minor change in the timing of this authorization.
Currently, Condition 25 To Special Exception #SE00-L17 reads as follows:
25. The Applicant must, prior to obtaining the soils disturbance permit, obtain the VDOT Entrance Permit and Hauling Permit, which will cover the transportation of the turbine units and associated equipment over public roads. The Applicant shall be required to repair any damage to public roads resulting from construction traffic and deliveries, if VDOT so requests (emphasis added).
Due to the short duration of an Entrance and Hauling Permit (these permits are normally only issued for 2-3 weeks), and the uncertainty of the exact date when a soils disturbance permit will be obtained, the Applicant is requesting that Condition 25 be amended as follows:
The Applicant shall
The Applicant is also requesting a Category 23 Special Exception to allow the crossing of a floodplain. The realignment of the access road across the Leepson property requires a minor crossing of the FEMA designated floodplain. The entire access road across the Virginia Power site and through the Leepson property is shown on Attachment 1. A detail of the floodplain crossing on the Leepson property (PIN: 6897-19-0471-000) is shown on Attachment 2.
Location, Zoning, and
The location of the
affected properties is shown on the following graphic. The proposed access
point is off
Action Requested of the
Board of Supervisors:
The Board of Supervisors is requested to conduct a public hearing and take action on SEA03-L-12 and SE03-L-28. Two resolutions, reflecting the Planning Commission’s recommendations of approval, are included for the Board’s consideration.
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 summarized below.
The requested actions are consistent with the Comprehensive Plan Amendment approved by the Board of Supervisors for the purpose of facilitating the electric generation facility.
of the Zoning Ordinance
Section 5-2301 of the Zoning Ordinance provides standards for all Category 23 uses. These standards include:
The Engineering Division has reviewed this application and has provided the following comments:
The difference between the
2. The Applicant should be required to obtain a revised LOMR reflecting the more accurate floodplain limit.
3. There appears to be some type of landscape buffer (possibly required by the Virginia Power Site Plan) in this area. Provisions must be made to avoid this area or replace the buffer if it is disturbed.
VDOT has reviewed this application and has no issues with the location of the proposed access point. VDOT also concurs with the requested rewording of Condition 25 of Special Exception SE00-L-17.
Summary and Planning
The requested actions essentially represent refinements of a concept previously approved by the Board of Supervisors. As actual construction approaches, the Applicant has encountered obstacles that make it necessary to address both alignment and timing issues not contemplated at the time of the original Special Exception.
With regard to SEA03-L-12, staff and the Planning Commission find that the requested realignment of the access road and the proposed modifications to Conditions 15 and 25 are each consistent with the original concept and intent of Special Exception SE00-L-17. Accordingly, staff recommended that the Planning Commission forward SEA03-L-12 to the Board of Supervisors with a recommendation of approval. In addition, the Planning Commission has also recommended a change to Condition 18 of SE00-L-17. The suggested language is as follows:
18. The applicant shall work with
regard to SE03-L-28, staff had identified some inconsistencies with the
data relating to the actual location and extent of the floodplain. Upon
additional review, the Engineering staff has concluded that the greater
level of detail used in the Applicant’s calculations has provided a more
accurate identification of the floodplain than that shown on current FEMA
maps. Accordingly, staff and the Planning Commission have concluded that
the proposed floodplain crossing does not impose any significant change to
the floodplain. The Engineering staff has, however, requested that the
Applicant seek a Letter of Map Revision (LOMR) from FEMA to update
floodplain data for this area.
on the foregoing analysis, the Planning Commission has forwarded SE03-L-28
to the Board of Supervisors with a recommendation of approval subject to
the following conditions:
1. The Applicant shall obtain a revised LOMR reflecting the more accurate floodplain limit.
The Applicant shall consolidate the two adjacent entrances
to the Virginia Power property into a single access point on
3. The Applicant shall determine buffering requirements on the Virginia Power property and take action to assure that the buffer is either preserved or restored if damaged during road construction.