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Location, Zoning and
Current Land Use:
The proposed 115 kV line will
be located in an existing 240’ wide Dominion easement
corridor (VEPCO right-of-way) running north for
approximately 1.6 miles from the Bristers Substation. (See
“Proposed 115kV Line” on location map and see Attachment 2 –
Special Exception Plat.) The Properties between Cromwell
Road (Route 639) and Courthouse Road (Route 609) affected by
this proposal are zoned Rural Agricultural (RA) and are in
agricultural use.
Bristers-Sowego Project
Location
Bristers-Sowego Zoning and
FEMA 100-year Floodplain
Surrounding Zoning and
Current Land Use:
Properties in this area are
generally zoned RA and are in agricultural use. A portion
of one PIN (7839-84-6628-000) is zoned Village. Village
Zoned land to the northeast is part of the village of
Bristersburg. The power lines and poles are not located
within the Village zoning.
A portion of the new line
will be within Dominion easements located on properties
within the Southern Fauquier Agricultural and Forestal
District (PINs 7849-17-0225 and 7849-15-7177). Additional
requirements related to the Agricultural and Forestal
District are not triggered in this instance pursuant to Va.
Code §15.2-4313.
Environmental Features:
A Category 23 Special
Exception is required because the two proposed 3-pole
structures will be located in the 100-year floodplain.
Standard conditions related to fill in the floodplain have
been prepared.
The applicant included with
this application the permit from the U.S. Army Corps of
Engineers (USACE) associated with the construction of the
230 kV structures upon which the new line will be attached
(Attachment 3). The construction is covered by the Corps
Nationwide Permit (12) Utility Line Activities (March 19,
2007). An individual Corps permit is not required with this
application. The permit is valid until March 18, 2012.
Special Exception Analysis:
The applicant has met the
requirements of Zoning Ordinance Section
5-006, General Standards for Special Exception Uses. General
standards for all Special Exceptions require that the
proposed use will not adversely affect the use or
development of neighboring properties, will not conflict
with existing traffic, and other such criteria to protect
the surrounding environment. In this case, the proposed
utility line relocation, within the existing Dominion
easement, will not cause degradation of the surrounding area
or add traffic.
The following
applicable standards were
used to evaluate this project:
PART
20 5-2000
CATEGORY 20 PUBLIC UTILITIES
5-2001 Additional Submission
Requirements
In
addition to the submission requirements set forth in Section
011 above, all applications for Category 20 uses shall be
accomplished by the following:
1. Four (4)
copies of a map showing the utility system of which the
proposed use will be an integral part, together with a
written statement outlining the functional relationship of
the proposed use to the utility system.
2. Four (4)
copies of a statement, prepared by a certified engineer,
giving the basic reasons for selecting the particular site
as the location for the proposed facility and certifying
that the proposed use will meet the performance standards of
the district in which located.
The applicant has met the
aforementioned criteria with its submittal materials. The
Special Exception Plat shows the relationship of the
proposed utility line to the Bristers Substation and Sowego
Substation, and that the new line will be located within
existing easement corridors.
5-2002 Standards for All Category
20 Uses
In
addition to the general standards set forth in Section 006
above, all Category 20 special permit and special exception
uses shall satisfy the following standards:
1.
Category 20
special permit and special exception uses shall not be
required to comply with the lot size requirements or the
bulk regulations set forth for the zoning district in which
located in Part 4 of Article 3. However, such requirements
may be established in the conditions under which such a
special permit or special exception is granted.
Not applicable to the
project.
2.
No land or
building in any district other than the Industrial Districts
shall be used for the storage of materials or equipment, or
for the repair or servicing of vehicles or equipment or for
the parking of vehicles, except those needed by employees
connected with the operation of the immediate facility.
Not applicable to the
project.
3.
In all zoning
districts, other than the I-2 District, all equipment,
machinery and facilities not located within an enclosed
building shall be effectively screened.
Not applicable to the
project.
4.
If the proposed
location of a Category 20 use is in a Residential District
there shall be a finding that there is no more suitable site
available for such use in a Commercial or Industrial
District, except that in the case of electric transformer
stations and telephone and telegraph exchanges or dial
centers, there shall be a finding that there is no
alternative site available in a Commercial or Industrial
District within distance of one mile, unless there is a
substantial showing that it is impractical for satisfactory
service to be rendered from an available location in such
Commercial or Industrial District.
Not applicable to the
project.
5-2301 Standards for All Category
23 Uses
1. No such use shall cause
an increase in the level of flooding or velocity of flood
waters.
The applicant will work
with County Engineers to determine the appropriate type of
calculations to submit with the Site Plan to demonstrate
this standard.
2. No such use shall create
a potential hazard of debris subject to movement by flood
waters which might cause damage downstream.
The applicant will work
with County Engineers to determine the appropriate type of
calculations to submit with the Site Plan to demonstrate
this standard.
3. The John Marshall Soil
and Water Conservation District (JMSWCD) shall be given the
opportunity to comment on such uses.
JMSWCD will review the
Site Plan.
4. The applicant shall have
obtained and shall present evidence attesting any applicable
approvals by State and Federal authorities concerning such a
use.
A Special Exception
condition has been drafted to this effect.
5. Materials and equipment
stored in the floodplain shall not be buoyant, flammable or
explosive, and shall not be subject to major damage by
flooding or such materials and equipment must be firmly
anchored to prevent flotation or movement and/or can be
readily removed from the area within the time available
after flood warning.
Not applicable to this
project.
6. Special exceptions shall
only be issued after the Board of Supervisors has determined
that the granting of such will not result in (a)
unacceptable or prohibited increase in flood heights, (b)
additional threats to public safety, (c) extraordinary
public expense, (d) create nuisances, (e) cause fraud or
victimization of the public, or (f) conflict with local law
or ordinances.
If approved, and
subsequent to approval of the applicant’s engineering
calculations, this Special Exception will not result in an
increase in flood heights, additional threats to public
safety, extraordinary public expense, create nuisances,
cause fraud or victimization of the public or conflict with
local laws or ordinances. A Special Exception condition on
flood heights and/or velocities has been drafted.
7. Special exceptions shall
only be issued after the Board of Supervisors has determined
that the special exception will be necessary to provide the
applicant with reasonable use of the parcel of land in
question, taken as a whole.
The applicant wishes to
relocate utility lines within its existing easement in order
to continue to provide reliable electrical service. One
existing 115 kV line is being removed to make way for a new
SCC approved 500 kV line.
8. The Zoning Administrator
shall notify the applicant for a special exception in
writing, at the time of filing, that the issuance of a
special exception to construct a structure below the one
hundred (100) year flood elevation (a) will increase risks
to life and property, and (b) will result in increased
premium rates for flood insurance.
Noted.
9.
A record of the
above notification as well as all special exception actions,
including justification for their issuance, shall be
maintained and any special exceptions which are issued shall
be noted in the annual report submitted to the Federal
Insurance Administrator.
Noted.
Staff and Review Agency
Comments:
Zoning
1. The applicant proposes to
locate an existing 115 kV power line into an existing
utility right-of-way on the empty “arms” of existing
structures being utilized by Dominion for a 230 kV
transmission line. Two new three-pole structures are
proposed to be placed within existing right-of-way at the
location where the relocated 115 kV line intersects and
connects back to existing 115 kV line. The two new
structures will be located within existing utility
right-of-way on PIN 7849-28-3304, within an area designated
as the Floodplain Overlay District.
2. Special exception approval is
required to allow:
a. The addition of new power lines is
not subject to SCC approval within the existing Dominion
right-of-ways, pursuant to §3-320.6 of the Fauquier County
Zoning Ordinance.
b. Construction involving structures
or fill in the 100-year floodplain pursuant to §3-323 and
§4-406.2 of the Fauquier County Zoning Ordinance.
3. The following
special exception standards are applicable:
a. Public Utility
i. 5-006 General Standards
for all Special Exceptions;
ii. 5-2001 Additional
Submission Requirements for Category 20 Uses;
iii. 5-2002 Standards for
All Category 20 Uses.
b. Floodplain
i. 5-006 General Standards
for all Special Exceptions;
ii. 5-2301 Standards for
All Category 23 Uses.
Zoning staff defers to
planning staff on the assessment of the special exception
standards.
4. Although a portion of the new
line will be within Dominion easements located on properties
within the Southern Fauquier Agricultural and Forestal
District (PINs 7849-17-0225 and 7849-15-7177), additional
requirements related to the Agricultural and Forestal
District are NOT triggered in this instance pursuant to Va.
Code §15.2-4313.
Technical Division
Engineering
Dominion Virginia Power is regulated
under a state permit for stormwater management, BMPs, and
erosion and sediment control; therefore, Dominion Virginia
Power is exempt from local regulations for these practices.
Soils
No comment.
Erosion & Sediment Control
No comment.
Virginia Department
of Transportation (VDOT)
The Warrenton Residency staff
reviewed the above referenced Special Exceptions to locate
an additional line. If the line crosses any state
maintained roads, a VDOT permit will be required prior to
construction.
A Special Exception condition
has been drafted.
Planning Commission Summary and Action of April 30,
2009:
The Planning Commission discussed this item at their work
session. A public hearing was held on the application. The
applicant indicated the project was necessary to continue to
provide reliable service to the Sowego Substation (owned by
NOVEC). One member of the public spoke and wondered how his
property was affected by the project. Dominion Virginia
Power representatives and staff met with the property owner
after the meeting to address his questions.
The application was forwarded with a unanimous
recommendation for approval, subject to a series of
development conditions.
Summary and Recommendation:
This application, subject to
conditions, has met
the standards set forth in the Zoning Ordinance for Category
20 and Category 23 Special Exceptions as well as Section
5-006 General Standards for All Special Exceptions.
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