VEPCO D/B/A/ DOMINION VIRGINIA POWER Agenda Item 1 Page 1

1September 10, 2014 Public

Hearing

APPLICANT & PROPERTY OWNER:

VIRGINIA ELECTRIC &

POWER COMPANY

(VEPCO) D/B/A/ DOMINION

VIRGINIA POWER

STAFF PLANNER: Kevin Kemp

REQUEST: Conditional Use Permit (Public Utility Transformer Station / Line) ADDRESS / DESCRIPTION: 5800 Sandpit Road GPINS: 14599144590000 14599164230000

ELECTION DISTRICT: BAYSIDE

SITE SIZE: 2.99 acres

AICUZ: Less than 65 dB DNL

Background The applicant is requesting a Conditional Use Permit for the expansion of an existing electric transformer substation (Burton Substation). The Burton Substation has existed in its current location since the 1980s. The expansion is necessary to accommodate new equipment that is required as part of Dominion Power’s Oakwood (Norfolk) to Burton regional transmission line upgrade (see page 7). The proposed dimensions of the expansion are required to meet Federal Electric Reliability Commission (FERC) clearance requirements for the new equipment. Details The Burton Substation site consists of two parcels totaling 2.99 acres. No additional land will need to be acquired. The proposed expansion will increase the area occupied by equipment from 0.64 acres to 1.9

BACKGROUND / DETAILS OF PROPOSAL

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acres. The site is located in a predominately industrial area of the City. There are Industrially-zoned properties adjacent to the north, west, and a majority of the southern property lines. A manufactured housing community is located adjacent to the eastern and a portion of the southern property lines. A 25-foot wide buffer with Category II landscaping will be added where the site is adjacent to the housing community. There is an approximately 115-foot section along the southern property line where the proposed fencing will encroach into this buffer (shown in red in graphic to the right); however, ample room to plant a sufficient buffer will remain. The existing lighting at the facility will be replaced with LED lighting, which will be directed downward into the substation boundaries, and thus reduce light pollution and support “Dark Sky” initiatives. Access to the site will remain from Baker Road, along a private gravel driveway that is located adjacent to the northern lot line of the parcel to the northeast. The driveway is located within a 30-foot wide access easement, recorded with the Clerk of the Circuit Court in 1968. Substation facilities, like the Burton Substation, contain both lower profile equipment such as busbars, transformers, and switches that do not exceed 25 feet in height, as well as high-profile equipment such as backbones. The existing backbone on the site is 70 feet in height. The proposed expansion will add a second backbone that will also be 70 feet in height. The height of the proposed backbone was determined by the required clearances stated in the National Electric Safety Code (NESC) and the Institute of Electric and Electronic Engineers (IEEE) Standard 1427.

EXISTING LAND USE: Transformer substation SURROUNDING LAND USE AND ZONING:

North: Norfolk Southern Railway Office-warehouses / I-1 Light Industrial District

South: Undeveloped land / I-1 Light Industrial District East: Manufactured housing community / A-12 Apartment

District West: Undeveloped wooded area / I-1 Light Industrial District NATURAL RESOURCE AND CULTURAL FEATURES:

The site contains an existing transformer substation, a large undeveloped grassy area and a large undeveloped artificial area constructed from wood plank panels. The site is located in the Chesapeake Bay Watershed. There do not appear to be any cultural features associated with the site.

COMPREHENSIVE PLAN: This property is located in the Burton Station Strategic Growth Area as identified by the 2009 Comprehensive Plan and the Northampton Boulevard Corridor SGA Implementation Plan (also known as the Burton Station SGA Plan), adopted on January 27, 2009.

LAND USE AND COMPREHENSIVE PLAN

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The Burton Station SGA Plan identifies this site as being within the Northampton-Diamond Springs portion of the Burton Station SGA. The plan calls for mixed-use development at this location extending south on the west side of Baker Road to include redevelopment of the existing mobile home park. New connections for vehicles and pedestrians are encouraged to link the primary locations in the Burton Station SGA and tie in to the commercial corridors (p. 26). The plan shows a new road extending to Baker Road where the Norfolk-Southern rail line currently runs north of the subject property.

City services are not affected by this request.

City Zoning Ordinance - Section 220 – Purpose of Conditional Use Permits It shall be the duty of the City Council under the provisions of this article to evaluate the impact and the compatibility of each [conditional] use, and to stipulate such conditions and restrictions including those specifically contained herein as will assure the use being compatible with the neighborhood in which it is located, both in terms of existing land uses and conditions and in terms of development proposed or permitted by right in the area; or where that cannot be accomplished, to deny the use as not being in accordance with the adopted Comprehensive Plan or as being incompatible with the surrounding neighborhood.

Staff recommends approval of this request to expand the existing (Burton) electric transformer substation. The proposed substation expansion is one part of the applicant’s “Oakwood to Burton” regional transmission line upgrade that will increase electric reliability in the region. The proposed expansion will accommodate the growing demand for electricity as the surrounding area continues to develop with mixed-use development and the vision of the Burton Station SGA is realized. The existing substation is located in a predominately industrial area of the City, and the proposed expansion will be low-impact development in terms of visual, noise and traffic impacts to the surrounding area. The most visible element of the proposed expansion is the 70-foot tall backbone, which is shorter than the existing transmission structures. A concern staff identified in the review process is the need to minimize the impact of the proposed development on the manufactured housing community to the east and south of the subject site. Section 1003 of the Zoning Ordinance requires a 25-foot wide buffer with Category II landscaping where an Industrially-zoned site abuts a Residential District. No uses or structures are permitted in this buffer area. For the subject site, the footprint of the proposed expansion provides ample space to accommodate this buffer along the eastern property line; however, the perimeter fence encroaches into the buffer along a portion of the southern property line. The applicant is requesting that the encroachment be addressed through the provision of Section 221(i) of the Zoning Ordinance, which states that City Council may allow a deviation from this requirement “for good cause shown upon a finding that there will be no significant

IMPACT ON CITY SERVICES

EVALUATION AND RECOMMENDATION

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detrimental effects on surrounding properties.” Reasonable deviations from the following requirements applicable to the proposed development are allowed:

(1) Required setbacks; (2) Required landscaping; (3) Height restrictions, expect as provided in Section 202(b); and (4) Minimum lot area requirements.

Staff concludes that a deviation allowing the perimeter fence to be located within the 25-foot wide buffer still allows substantial room to provide a vegetated buffer and thus will not adversely impact the adjacent properties. The applicant has worked with staff to develop an alternative that pushed the fence as far as possible from the southern property line without negatively impacting the design standards for electric transmission substations.

Based on the considerations above, staff recommends approval of this request with the conditions below.

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1. With the exception of any modifications required by any of these conditions or during the formal site plan review process, the site shall be developed and maintained substantially in conformance with the submitted site plan entitled “OVERALL SITE PLAN, BURTON STATION EXAPNSION, VIRGINIA BEACH, VIRGINIA,” dated August 13, 2014.

2. Per the provisions of Section 221(i) of the City Zoning Ordinance, upon a finding by the City Council that the need to meet the design standards for electric transformer substations are vital to the safety and welfare of the citizens as well as a finding that there will be no significant detrimental effects on surrounding properties as a result of the following deviation from the requirements of the Zoning Ordinance, the 25-foot wide landscape buffer shall be installed and maintained as shown on the submitted site plan as “ANTICIPATED LANDSCAPE/SCREENING AREA.” The landscaping buffer shall consist of evergreen plants, branching to the ground, with a minimum height at installation of five (5) to six (6) feet and reaching a height of twenty (20) feet at maturity, as specified in the City’s Landscaping Guide.

NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site.

CONDITIONS

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AERIAL OF SITE LOCATION

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PROJECT INFORMATION

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PROPOSED SITE PLAN

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ZONING HISTORY

# DATE REQUEST ACTION 1 09/13/2005 Use Permit (Contractor Storage Yard) Approved 2 01/14/1997 Use Permit (Bulk Storage Yard) Approved 3 04/26/1994 Subdivision Variance Approved 12/08/1992 Use Permit (Cellular Tower) Approved 4 08/03/1987 Use Permit (Mobile Home Park) Approved 08/03/1987 Change of Zoning (I-1 to A-1) Approved 5 11/04/1985 Use Permit (Substation) Approved

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT