power crane’s corner

1300 Courthouse Road, P. O. Box 339, Stafford, VA 22555‐0339 Phone: (540) 658.8600 Fax: (540) 658.7643 www.staffordcountyva.gov

Board of Supervisors

Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert “Bob” Thomas, Jr.

Anthony J. Romanello, ICMA‐CM

County Administrator

October 28, 2015

MEMORANDUM TO: Stafford County Planning Commission

FROM: J

SUBJECT: WAI15150705; Departure from Design Standards – Dominion Power

Crane’s Corner Substation

ATTACHMENTS:

1. Location Map

2. Application and Related Materials

3. Prior Request for Alternative Compliance

and Staff Response Letter

4. Proposed Resolutions

5. Approved Generalized Development

Plan, dtd March 10, 2015

6. Approved Ordinance O15-17

7. Approved Resolution R15-99

ISSUE:

The Planning Commission is to consider a request for a Departure from Design Standards for Dominion

Power Crane’s Corner Substation. The application applies to a departure from Section 110.3 of the

Design Construction Standards for Landscaping and Buffering (DCSL).

BACKGROUND:

Location: West side of Forbes Street, approximately 1,000-feet north of Layhill Road

Election District: Falmouth

Applicant/Agent/

Property Owner: Virginia Electric and Power Company, dba Dominion Virginia Power

701 East Cary Street

Richmond, VA 23219

Current Use: Electric Power Substation

1

http://www.staffordcountyva.gov/

Memorandum to: Stafford County Planning Commission October 28, 2015 of 10

Application Date: May 20, 2015 (Original Submission) September 23, 2015 (Complete Application) Advertisement Dates: October 13, 2015 and October 20, 2015 Time Limit: December 28, 2015 Staff Project Manager: Erica H. Ehly, AICP Tax Map Parcel No.: 46-27 Area: 3.893 acres Comprehensive Plan: Suburban (Future Land Use)


Zoning Classification: R-1, Suburban Residential Zoning District (Approved on April 21, 2015)

Existing Conditions The 3.893-acre subject property is located on the west side of Forbes Street, approximately 1,000 feet north of the intersection of Forbes Street and Layhill Road. The property is surrounded by residential uses, places of worship and public facilities. The site currently contains a Dominion Virginia Power substation, which was approved by the Board of Zoning Appeals as a Special Exception Permit in 1983. A reclassification from the A-1, Agricultural Zoning District to the R-1, Suburban Residential Zoning District, and a conditional use permit for a substation in the R-1 district, were approved on April 21, 2015 to allow for the expansion of the existing substation. The property includes a significant area of mixed deciduous and coniferous trees along the southern property line and a ditch contains jurisdictional waters of the United States running along the southern portion of the property between wetlands located along the eastern and western property lines. There are no proposed impacts to these natural resource areas.


Site - Aerial Location

COMMENTS: The proposed 1,800 square foot expansion of the facility required site compliance with current zoning requirements. The applicant is requesting a departure from the landscaping provisions in the Zoning Code, related to the transitional buffer required between particular uses. Section 28-82 states that:

Except within the boundaries of a public airport, no structure or land which abuts a boundary between two (2) land uses, fronts on a major thoroughfare or which is subject to special buffer requirements as specified in section 100 of the DCSL, shall hereafter be developed, used or occupied unless a buffer yard is provided in accordance with section 100 of the DCSL. All buffers shall meet the requirements illustrated in section 100 of the DCSL.

Furthermore, Section 100, Part 1, Subpart 110.3, Table 2 “Transitional Buffer Matrix” of the DCSL identifies that a 35-foot wide transitional buffer, with 115 plant units per every 100 lineal feet, is required at the property line between public facilities and residential uses. Plant Units (p.u.’s) are defined in the Code as follows: Canopy Trees = 10 p.u.’s each; Understory Trees = 7 p.u.’s each; Evergreen Trees = 7


p.u.’s each; Shrubs = 1 p.u. each. This type of buffer would be required along the northern, western and southern property line, per the DCSL. Approved Generalized Development Plan The Generalized Development Plan (GDP), dated March 10, 2015, was submitted as part of the applications for a reclassification and conditional use permit applications that were approved in April. The GDP (Attachment 5) depicts the existing conditions, at that time, and the proposed 1,800 square foot expansion area, highlighted in red, below. The purpose of the expansion is to install breaker equipment to ensure reliable, uninterrupted electrical power service from the facility. Discussions during the public hearings acknowledged the likely need for relief from part of the landscaping requirements due to the nature of the use and configuration of the property.

Approved GDP

EVALUATION: Section 143 of the DCSL allows for relief from the number of plant units required, vis-à-vis an application for alternative compliance. The applicant submitted a request for alternative compliance to the Director of Planning and Zoning for the ability to meet the transitional buffer requirements vis-à-vis the screening required by the approved conditional use permit. However, the number of plant units required could not be met in this way, and consequently the request for alternative compliance was denied


by the site plan agent (Planning and Zoning Director). It was further determined that in addition to relief from the number of plant units, the site would also require a departure from the location and width of the buffer, as well as from the type of plant units required. Section 143 of the DCSL states that if a request for alternative compliance was not approved, then a departure to reduce the width requirements for buffer yards and planting areas or the minimum square footage requirements for planting areas may be submitted. Therefore an application for Departure from Design Standards was necessary. The applicant has included the request for the alternative compliance and the response letter with the application (Attachment 3) in accordance with Section 143 (c). The applicant is requesting relief from the width, planting area, type and number of plant units required for the transitional buffers on the northern and western property lines. Per Section 143 (b), the applicant must show hardship for the departure as well as any techniques being provided to accommodate the initial requirements.

Northern and Western Property Lines

N

W


Explanation of Hardship

a) Northern property line – the hardship is created by a recorded access easement for the residential property to west. The departure is for the type of plant units and the location and width of the buffer, while the required number of plant units will be met. The applicant is proposing a buffer to be located just outside of the required 35-foot buffer, as depicted for illustration purposes by the red outlines on the landscape plan below:

Landscaping Plan - Northern Property Line

Landscaping Plan Key - The red dotted line identifies the 35-foot buffer area; the grey polygon identifies the access easement; and the green oval identifies the proposed location of the buffer.


Landscaping Plan - Western Property Line

b) Western property line – the hardship is created by the topography which includes a steep bank

with riprap, identified by the grey polygon above. Although the applicant is requesting a departure from the buffering requirements in this area, screening will be provided in accordance with the conditional use permit, which requires a double row of evergreen shrubs, illustrated by the green oval.


Southern Property Line

c) Southern property line – the applicant is not requesting a departure in this area. There is an

existing vegetative buffer which a mix of hardwoods. The applicant provided a tree survey reflecting that the required plant units are met. In addition, the conditional use permit requires that the buffer in this area is supplemented with evergreens in the area of deciduous trees, as depicted on the approved GDP.

Comprehensive Plan The Comprehensive Plan identifies this site as being within the Suburban future land use designation. The Land Use Plan is silent regarding this particular use. However, the site is located within the Urban Services Area where the existence of such facilities is expected in order to support anticipated development, consistent with Policy 1.2.1. - Establish a clear Urban Services Area boundary in a location that is suitable to accommodate residential and commercial development characterized by the presence of public facilities, utilities, and government services. The following policies would also apply to this application: Policy 4.5.4. Electric utility and telecommunication providers should design their systems to minimize electromagnetic field impacts on nearby residential uses, schools, and businesses. The applicant addressed electromagnetic field impacts to nearby uses in the previous application with the following statement:

The substation does not emit harmful radiation as contemplated by the BZA. Electric facilities radiate electric and magnetic waves similar to how the sun radiates light. The radiation of electric and magnetic waves are part of the electro-magnetic frequency spectrum. Light waves are at a much higher frequency than the power lines and substation facilities. The radiation of electric and

S


magnetic waves should not be confused with x-rays or gamma rays which are at an extremely high frequency, much higher even than light waves. The magnitude of the electric and magnetic fields (EMF) from the substation is similar to what common household appliances and light fixtures emit. Dominion is committed to supplying electricity in a responsible and safe manner, and this commitment fully includes concern over possible health hazards from exposure to power line EMF. Research results to date show no conclusive evidence of health risks from power line frequency EMF.

Policy 4.5.5. Above ground transmission lines, sub-stations, and switching stations should be sited and designed in a manner to minimize visual and environmental impacts on adjacent land uses. Within the Urban Services Area, the County encourages the underground placement of all electric transmission lines when new lines are installed or existing lines relocated. Above ground transmission lines of 150 kilovolts or more and associated facilities such as sub-stations and switching stations should provide adequate screening and buffering. The conditional use permit identifies screening requirements and the applicant has provided buffering measures as described in this application to help address visual impacts to the surrounding residential uses. RECOMMENDATION: Staff recommends approval of the application as proposed, pursuant to Planning Commission Resolution PCR15-11. Staff recommends that all landscaping material related to this application is installed by May 1, 2016, as reflected in the resolution. JAH:ehe Attachments (7)

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46-19

WAI15150705; Departure from Design StandardsProduced by the Stafford County Department of Planning and Zoning540-658-8668 | P.O. Box 339 Stafford, VA 22555

0 110 22055 Feet

±Produced: 10/6/2015

DOMINION POWER CRANE'S CORNER SUBSTATION

Data layers are compiled from various sources and are not to be construed or used as a "legal description." Data layers are believed to be accurate, but accuracy is not guaranteed.

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Attachment 1 Page 1 of 1

PCR15-11

PLANNING COMMISSION COUNTY OF STAFFORD STAFFORD, VIRGINIA

RESOLUTION

At a public hearing of the Stafford County Planning Commission (Commission) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the 28th day of October, 2015, regarding a request for Departure from Design Standards that had been advertised for hearing by the Commission: ---------------------------------------------------------------------------------------------------------- MEMBERS: VOTE: Michael Rhodes, Chairman Steven Apicella, Vice Chairman Sherry Bailey Roy Boswell Thomas Coen Darrell English Robert Gibbons ---------------------------------------------------------------------------------------------------------- On motion of , seconded by , which carried by a vote of , the following was adopted:

A RESOLUTION TO APPROVE THE REQUEST FOR A DEPARTURE OF DESIGN STANDARDS, SPECIFICALLY SECTION 110.3 OF THE DESIGN AND CONSTRUCTION STANDARDS FOR LANDSCAPING, ON TAX MAP PARCEL NO. 46-19

WHEREAS, Dominion Power, applicant, has requested a Departure from Design Standards, specifically Section 110.3 of the Design and Construction Standards for Landscaping, on Tax Map Parcel No. 46-19; and

WHEREAS, the Commission duly advertised and held a public hearing on October 28, 2015, at which time public testimony was received and the merits of the request were considered; and WHEREAS, the Commission has carefully considered the merits of the request, the public testimony received at the public hearing, and the recommendations of County staff; and

WHEREAS, the Planning Commission has considered the criteria in Section 110.3 of the Design and Construction Standards for Landscaping and finds a substantiated hardship; and


PCR15-11 Page 2

WHEREAS, the Commission believes that the request is consistent with

coordinated, adjusted, and harmonious development of Stafford County, Virginia, and which will in accordance with the present and probable future needs and resources of Stafford County, Virginia, best promote the health, safety, morals, order, convenience, prosperity, and general welfare of the citizens of Stafford County, Virginia, including the elderly and persons with disabilities; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Planning Commission on this the 28th day of October, 2015, that this request for Departure of Design Standards on Tax Map Parcel No. 46-19 as applied for in application WAI15150705, be and it hereby is approved with the following condition:

1. All landscaping material related to this application shall be installed by May 1, 2016.

Michael Rhodes, Chairman JAH:ehe


PCR15-12

PLANNING COMMISSION COUNTY OF STAFFORD STAFFORD, VIRGINIA

RESOLUTION

At a public hearing of the Stafford County Planning Commission (Commission) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the 28th day of October, 2015, regarding a request for Departure from Design Standards that had been advertised for hearing by the Commission: ---------------------------------------------------------------------------------------------------------- MEMBERS: VOTE: Michael Rhodes, Chairman Steven Apicella, Vice Chairman Sherry Bailey Roy Boswell Thomas Coen Darrell English Robert Gibbons ---------------------------------------------------------------------------------------------------------- On motion of , seconded by , which carried by a vote of , the following was adopted:

A RESOLUTION TO DENY THE REQUEST FOR A DEPARTURE OF DESIGN STANDARDS, SPECIFICALLY SECTION 110.3 OF THE DESIGN AND CONSTRUCTION STANDARDS FOR LANDSCAPING, ON TAX MAP PARCEL NO. 46-19

WHEREAS, Dominion Power, applicant, has requested a Departure from Design Standards, specifically Section 110.3 of the Design and Construction Standards for Landscaping, on Tax Map Parcel No. 46-19; and

WHEREAS, the Commission duly advertised and held a public hearing on October 28, 2015, at which time public testimony was received and the merits of the request were considered; and WHEREAS, the Commission has carefully considered the merits of the request, the public testimony received at the public hearing, and the recommendations of County staff; and

WHEREAS, the Planning Commission has considered the criteria in Section 120.1 of the Design and Construction Standards for Landscaping and finds an unsubstantiated hardship;


PCR15-12 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Stafford County Planning Commission on this the 28th day of October, 2015, that this request for Departure of Design Standards on Tax Map Parcel No. 46-19 as applied for in application WAI15150705, be and it hereby is denied.

Michael Rhodes, Chairman JAH:ehe


power crane’s corner

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