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HomeMy WebLinkAboutZ-7980 Staff AnalysisMay 11, 2006 ITEM NO.: K FILE NO.: Z-7980 NAME: Entergy Substation — Conditional Use Permit LOCATION: 14250 Colonel Glenn Road OWNER/APPLICANT: Minton, LLC/Entergy Arkansas by Bill Stephens PROPOSAL: A conditional use permit is requested to allow for the construction of an Entergy Utility Substation on this R-2 zoned tract. 1. SITE LOCATION: The site is located south of Colonel Glenn Road, west of its intersection with Cooper Orbit Road. The site is off of the road, approximately midway between Colonel Glenn Road and Lawson Road. The property is outside of the city limits but within the City's Extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The area is rural in nature and contains single family residences and farms on larger tracts of property. Much of the overall area around the site is undeveloped. The proposed substation is to be located adjacent to a 11 5K electrical transmission line that crosses the property. The nearest residence appears to be located some 400± feet northeast of the site. The other residences in the area are located farther away. It is possible that the substation may be visible from one or two residences. It appears that the substation is located where it will have minimal visual impact on a small number of nearby properties. All owners of properties located within 300 feet of the site and all residents within 300 feet who could be identified were notified of this item. A drop-in open house was hosted by Entergy on March 20, 2006. There were prominently displayed articles about the proposal in the March 10, 2006 and March 15, 2006 issues of the Arkansas Democrat Gazette. 3. ON SITE DRIVES AND PARKING: Access to the site will be via a driveway located within a 25 -foot wide access easement off of Colonel Glenn Road. The road will consist of packed gravel. It will be paved from Colonel Glenn Road to the first entrance gate. A parking pad will be located on the north end of the substation, at the entry road and gates. May 11, 2006 SUBDIVISION ITEM NO.: K Cont. FILE NO.: Z-7980 4. SCREENING AND BUFFERS: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Due to the residentially zoned property around the site's entire perimeter, an undisturbed buffer area is required. Along the northern and southern boundaries, 21 foot of undisturbed area is required. Along the eastern and western perimeters of the site, 24 foot of undisturbed area is required. In addition to the undisturbed buffer area, screening is required. This screening is to be a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings. An automatic irrigation system to water landscaped areas will be required. Prior to a building permit being issued, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. Show the limits of the floodway on the proposed plat. Per FEMA regulations, no fill or building construction is permitted in the floodway. 3. Proposed alterations of floodway require flood map revisions or a no rise certification. Obtain conditional approval from Pulaski County and the Federal Emergency Management Agency. 4. The minimum finish floor elevation above the 100 year flood elevation, as established by Pulaski County is required to be shown on plat. Plans indicate a base flood elevation of 355 feet. All supporting mechanical and electrical equipment must be constructed to the base flood elevation or higher. K May 11, 2006 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-7980 6. Utilities and Fire Department/County Planning - Wastewater: Outside service boundary, no comment. Entergy: No comments received. Reliant: No comments received. Southwestern Bell: No comments received. Water: No objection. Fire Department: Outside of Little Rock City Limits. Provide statement from local volunteer fire department indicating approval and ability to provide service. Install fire hydrants per code. Contact LRFD Fire Marshal at 918-3710. County Planning: The applicant must apply for and receive a Floodplain development permit from Pulaski County. Please address the necessity of locating the proposed substation at this specific location. CATA: The site is not located on or near a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (APRIL 22, 2006) The applicant and two representatives of Entergy were present. Staff presented the item and noted additional information was needed on the proposal. Staff asked the applicant to provide a detailed description of the proposed substation. The applicant was advised to locate the substation on the survey so that setbacks could be determined. Staff asked that proposed fencing and site lighting be located and described. It was noted that the proposed access drive would need to be paved. Staff asked the applicant to provide a detailed explanation of why this site was chosen; what engineering criteria were used to determine that this is the sole site that will accommodate Entergy's needs; whether another site would work that would be less intrusive on neighboring residential properties. Staff asked that the applicant provide an explanation of possible effects on neighboring residents from electrical current and what noise would be provided by the substation. Staff asked the applicant to explain what measures would be taken to protect the adjacent gas transmission line. Public Works, Utility and Landscape Comments were discussed. It was noted that the property was in the floodplain and any development would have to 3 May 11, 2006 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-7980 comply with regulations covering development in the floodplain. Screening and buffer requirements were explained. Ashley Pope, Director of Planning for Pulaski County, asked the applicant to address the necessity of locating the substation at this site. She also noted the requirement of obtaining a floodplain development permit. During the discussion, it was determined that an illegal subdivision of the property had occurred and that Entergy was proposing to purchase the proposed 4+ acre tract. Staff stated a plat needed to be filed to address both actions. The applicants determined they would defer the C.U.P. and file the plat. STAFF ANALYSIS: Entergy Arkansas, Inc. is requesting approval of a conditional use permit to allow for construction of an electrical substation on this R-2 zoned property. An associated preliminary plat has been filed to subdivide a 7.8 acre tract into three (3) lots (S-1518, Colonel Glenn Preliminary Plat). The substation is to be located on proposed Lot 3. The property is located outside of the city limits but within the City's extraterritorial jurisdiction. The surrounding area is rural in nature with a scattering of residential properties and farms. The substation is proposed to be located in an open field midway between Colonel Glenn Road and Lawson Road, adjacent to an existing 11 5k transmission line. The proposed site is for a nominal 230 feet by 174 feet fenced area. The substation graded and graveled berm (pad) will extend outside the fenced area approximately 5 feet (all round) and there is proposed parking area on the north end of the station at the entrance road and gates. The substation 11 5k high voltage dead-end structure top will be approximately 60 feet above existing/initial site grade (which includes a nominal 57 feet tall structure). The shield -wire height is projected to be at 60 feet and the conductor height is projected to be 45 feet above the initial site graded. Two to six individual 90 feet tall steel poles may be needed for Lightning protection (the number will depend on a lightning protection and shielding study that will be done once the final design is completed). Low voltage structures will be less than a nominal 35 feet above initial grade. The existing Transmission Line Poles, conductor, and shield -wire heights are as follows: Structure 29 is a three wood pole structure consisting of two 80 foot poles plus one 75 foot pole. The transmission line conductor is approximately 51 feet above grade and the transmission shield -wire conductor is approximately 69 feet above grade. 4 May 11, 2006 SUBDIVISION ITEM NO.: K (Cont. FILE NO.: Z-7980 Structure 30 is a two wood pole structure consisting of two 65 foot poles. The transmission line conductor is approximately 45 feet above grade and the transmission shield -wire conductor is approximately 55 feet above grade. To satisfy neighborhood concerns, normal service night (dark -sky) lighting that point down would be installed for security purposes. Flood lighting will be installed which will only be turned on and used for emergency and worker safety lighting when necessary. It is proposed that the drive be paved from Colonel Glenn to the first entrance gate. A waiver will be requested for the remainder of the road. The road will consist of packed gravel built above the 100 year flood plain. The area located west of 1-430 and along Colonel Glenn and Lawson Road is developing rapidly with commercial and residential electrical loads. Electrical loads in this area are estimated to expand by 20 to 25 MVA (which represents 80% electric load growth) within 3 to 5 years. Due to westward expansion and the large load growth expected in the area a substation is needed west of the 1-430 and Colonel Glenn intersection. The existing substation serving this area is 3 miles to the east of Colonel Glenn and 1-430 and is nearing its capacity. Construction of a new substation in the Colonel Glenn and Lawson Roads area will alleviate the expected overloading at existing substations and allow for better reliability of service. Commercial and residential electrical load growth west of 1-430 would be accommodated for many years. Service liability would be vastly improved with extended electrical outages being all but eliminated for 1St contingencies on the distribution system for the areas west of the 1-430/Colonel Glenn corridor. Due to increasing and rapid development in the area, adequate and sufficient parcels of land suitable for an electrical substation in the vicinity of existing 11 5k transmission facilities is limited. The preferred substation site is directly under the existing Transmission line, and in between (about 800 feet) the two Distribution feeder lines presently serving the area. This location would have the least amount of added electrical lines of all the options considered, which makes it the most reliable and cost effective solution. It also has the lowest environmental impact due to the minimal tree clearing required. The Quarry site is 4200 feet to the west of the existing Transmission line and an additional 1500 feet to the Colonel Glenn Distribution feeder. The additional mile of Transmission and Distribution lines makes this option less reliable, more costly, and has a much more negative environmental impact than the preferred 6 May 11, 2006 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-7980 site. This site would likely require condemnation proceedings based on statements from landowners that Entergy could not cut any trees on their property. Also, Arkansas Public Service Commission (Commission) standards have been established by the Commission in specific cases over the years. Regarding filing of proposed facilities, the Commission will inquire into the general reasonableness of the propose project. The Commission will consider evidence of the aesthetic and environmental impact of the project and its impact on other property uses. The Commission will also consider the possible consequences to public health and safety. Finally the Commission must determine whether the utility has established a need for the facility and has made the most economic and prudent decision. As to the issue of EMF (Electric and Magnetic Fields), Entergy states it should be noted that there is no scientific proof that there is an effect on humans from EMF and thus there are no regulations regarding allowed levels. Due to this lack of guidelines, Entergy works to minimize the EMF from their facilities whenever practicable. With the proposed substation site under the existing transmission line, the only measurable increase in EMF would come from any additional lines that would be required. The EMF from these distribution lines would be the same as from any other line not near a substation. If the new substation were constructed in a site not under the current transmission lines then there would be an increase in EMF from the new transmission lines that would be required — thus, on the proposed site, minimal to no measurable increase. Entergy's primary transformer supplier advises that Entergy's present transformer specifications require inherently low noise transform units. If someone is going to be at least 300 feet, they will experience transformer sounds not much louder than a library and quieter than a "quiet Office" environment. Sound levels fall off with distance traveled. In general, transformer noise will not be noticeable, if audible, above ambient noise at the substation fence line and cannot be heard at all at a distance of 300 feet. In response to staff's questions about the proximity of a gas line, Centerpoint has visited the site and states that the DL — 38 gas line is buried approximately 5 ft. below ground. The line flows gas north across Colonel Glenn Road to its regulator station. This is not a disconnection point for gas flow in a contingency event. Initial feedback is that Centerpoint does not believe the substation poses a problem provided Entergy does not impede across to its line (concrete pad over the main). Entergy's design of the substation layout will not violate Centerpoint's easement or pipeline integrity. 1.1 May 11, 2006 SUBDIVISION ITEM NO.: K (Cont. FILE NO.: Z-7980 The site is outside of the Little Rock city Limits. A joint meeting was held with the Little Rock Fire Chief Kerr, Assistant Chief Larry Tyner, Crystal Valley Fire District #24 Chief Gary Boyle, Andy Traffenstedt, Deputy Director Pulaski County Office of Emergency Management and Bill Muehsam — Emergency Response Manager, Pulaski County Office of Emergency Management. Based on negotiations with the Arkansas State Emergency Response Commission, the Commission decided to exempt reporting of dielectric fluids contained within oil - filled electrical equipment from the Emergency Planning and Community Right - to -Know Act Tier 11 reporting. The basis for this decision was largely due to the fact that any emergency response action on the part of municipal or volunteer fire departments would be at the direction of Entergy electrical workers. Entergy's management strategy relies upon early detection of abnormal operating conditions in a substation that could be indicative of an oil release, ready availability of absorbents and other materials or tools for initial containment of the oil spill by electrical workers, and rapid mobilization of spill response contractors to the site to complete contaminant removal and restoration. As with catastrophic fires in substations, catastrophic releases of dielectric fluid from substation equipment that impact waterways are rare. A question was posed by Pulaski County OEM representatives as to the likelihood of an oil discharge impacting adjacent residences. Due to the proposed location being within the flood plain and lower in elevation than the houses in the area, such a scenario would be unlikely. Entergy will provide copies of substation safety awareness video for emergency responders training and arrange for periodic electrical safety/refresher training to the Volunteer Fire District. Entergy will also host officials of the Crystal Fire District, Little Rock Fire Department and Pulaski County Department of Emergency Services to tour the Entergy Distribution and Transmission Operations Centers in Little Rock to provide a better understanding of how Entergy handles electrical outages and/or catastrophic electrical events. Included in this tour will be detailed discussion of procedures on how Entergy de - energizes transmission and distribution lines entering/leaving a substation plus explanation of the 24/7 monitoring equipment installed in the substation. Entergy can de -energize a substation within 5 to 7 cycles (60 cycles in a second). Entergy's Environmental Management group has offered to conduct briefings to the Crystal Fire District and other interested emergency response personnel to communicate the potential environmental issues associated with dielectric fluid releases. These briefings will describe how pre -positioning of Haz-Mat materials by Entergy reduces response time to releases and the chances for runoff from any spill that might occur. 7 May 11, 2006 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-7980 Entergy has met with Pulaski County's Director of Planning and Development. It is understood that Entergy is required to submit details showing that the substation will be built above the flood plain to obtain the necessary construction permit. The substation pad will be one to one and one-half feet above the 100 year flood plain. Electrical equipment will be an additional 3 to 4 higher. Staff is supportive of the applicant's proposal. Within the past decade, the intensity of development west of 1-430 has increased substantially. That growth is now expanding to encompass the broader Colonel Glenn corridor. New commercial development is occurring along the southern 1-430, Colonel Glenn and Stagecoach Road corridors. Several new residential developments have been approved in the area south of David O Dodd, west of 1-430. The Cooper Communities development on Crystal Valley Rod and Lochridge Estates on Marsh Road and Colonel Glenn each contain over 200 lots. It is estimated that somewhere near 1,000 new residential lots have been approved in the area. As this area becomes more densely developed, the need arises for enhanced support infrastructure, including utility service. This proposed substation is to be located underneath an existing high-voltage transmission line. The site is relatively well isolated from surrounding development. The applicant submitted responses to questions raised by staff, as reflected in the analysis above. STAFF RECOMMENDATION: Staff recommends approval of the application subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. STAFF UPDATE: On December 22, 2005, at the Subdivision Committee meeting, the applicant requested deferral of the C.U.P. to coincide with a preliminary plat application that is necessary to address the issue of subdividing the property. On January 9, 2006, the applicant requested deferral of the item to the May 11, 2006 agenda. Staff recommends deferring the item. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested deferral of the item to the May 11, 2006 meeting. There was no further discussion. May 11, 2006 SUBDIVISION ITEM NO.: K (Cont. FILE NO.: Z-7980 The item was placed on the Consent Agenda and approved for deferral to the May 11, 2006 Agenda. The vote was 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (MAY 11, 2006) The applicants were present. There were several objectors present. Sixteen persons submitted registration cards in opposition. Many letters of opposition and other items of information had been submitted to staff and forwarded to the Commission. Staff presented the item and a recommendation of approval, subject to compliance with the conditions noted in the "Staff Recommendation" above. James Jones, of Entergy, spoke on behalf of the application. He cited the new development in the area as prompting the need for the substation. He stated it had been 26 years since a new substation had been built in the Little Rock area. Mr. Jones stated the substation that currently served this area was operating at capacity. He stated Entergy had identified 5 potential locations. Mr. Jones described a feasibility study, which had been done of the 5 sites with this site being chosen as the best. He referred to a written report, which had been distributed to the Commissioners when speaking of the reasons why this site was chosen. Mr. Jones cited the lack of clear -cutting, reduced cost in transmission lines, the property being for sale, better distribution routes, good access and the overall reduced cost to Entergy customers. Stephen Giles, attorney representing the objectors, stating adding a substation to the site was adding a new use that was not compatible with the area. He stated a substation was an industrial use. He asked those present who were in opposition to stand. Approximately 20 persons stood. Mr. Giles referred to letters of opposition from area property owners and a letter from an appraiser stating the substation would have a negative impact on property values. Mr. Giles stated the ordinance required conditional uses to be compatible with uses in the area. He stated the area residents were asking for protection under the City's extraterritorial zoning. He concluded by stating there was also a property line dispute. Sue Ann Stephens, of 14075 Colonel Glenn Road, spoke in opposition. She played a tape of noise she had recorded at the Entergy substation on Vimy Ridge Road. Ms. Stephens voiced concerns about access, fire, gas lines and flooding. She stated there were other sites that were better suited, specifically an inactive quarry site on Lawson Road. Ms. Stephens stated the substation was an industrial structure that was dangerous in nature and hideous in appearance. May 11, 2006 SUBDIVISION ITEM NO.: K Cont. FILE NO.: Z-7980 Roy Jolley, of 14300 Colonel Glenn Road, spoke in opposition. He described the beauty of the valley. He stated the substation would be located in a bowl and all those around would be looking at it. Mr. Jolley stated there would be light pollution and noise pollution. He stated he had seen this area flood and he surmised this development would increase flooding in the area. He referred to a letter from a realtor in which he predicted the substation would decrease surrounding property values by 50%. Mr. Jolley voiced concern about fire danger and noted the local volunteer fire department did not support the development. He referred to the number of neighbors in opposition and noted the quarry site was only 7/10 of a mile down the road. Mr. Jolley stated there would be a negative environmental impact. Carolyn Jolley, of 14300 Colonel Glenn Road, spoke in opposition and stated there had not been enough time for opposition. Stephen Giles showed a power point presentation with photographs of the area, flooding, the Vimy Ridge Substation, traffic on Colonel Glenn Road and the quarry site. James Jones responded that there were 53 substations in the Little Rock area and 490 in Arkansas. He stated several were located in floodplain areas. Mr. Jones stated the flood photographs shown by the opponents were of the property on the opposite site of the creek from the proposed substation site. He addressed the issue of a possible fire at the site by stating the substation could be de -energized within seconds. He stated surrounding properties would be protected and the fire department and Entergy personnel would respond in an emergency. Mr. Jones stated substations do not necessarily devalue properties. He stated there would be no noise beyond 200 feet away from the substation. He stated Entergy had looked at the quarry site but had determined it would add 3 million dollars to the cost and would involve clear -cutting an 80 -foot by 1 -mile path for a new transmission line. In response to questions from Commissioner Laha, Mr. Jones stated both this site and the Vimy Ridge site were 115 KVA, the added cost of locating at the quarry site would be borne by rate payers, the substation would be low -lighted with flood lights used only when needed for work at the site and the site did need to be filled. In response to questions from Commissioner Yates, Mr. Jones stated access over the creek had not yet been designed but would be designed to comply with regulations and Entergy and the fire department would respond to any emergency at the site. T May 11, 2006 SUBDIVISION ITEM NO.: K (Cont. FILE NO.: Z-7980 In response to questions from Commissioner Meyer, Jim Lovell of Entergy discussed the various types of transmission and distribution lines. Commissioner Taylor asked, of the 490 substations in Arkansas, how many per year have explosions or fires. Mr. Jones responded there had been only two since 1990. In response to additional questions, Mr. Jones stated there would be only ambient noise at 200 feet from the substation and the substation site needed to be built-up rather than constructed on piers for safety reasons. In response to questions from Commissioner Rahman, Mr. Jones stated the substation was needed to serve the area west of 1-430 and Entergy hoped to have it operational by late 2007 or early 2008. A motion was made to approve the C.U.P. subject to all staff comments and conditions. The motion was seconded and approved by a vote of 9 ayes, 1 noe, 0 absent and 1 recusing (Adcock). 11 FILE NO.: Z-7980 NAME: Entergy Substation — Conditional Use Permit LOCATION: 14250 Colonel Glenn Road OWNER/APPLICANT: Minton, LLC/Entergy Arkansas by Bill Stephens PROPOSAL: A conditional use permit is requested to allow for the construction of an Entergy Utility Substation on this R-2 zoned tract. SITE LOCATION: The site is located south of Colonel Glenn Road, west of its intersection with Cooper Orbit Road. The site is off of the road, approximately midway between Colonel Glenn Road and Lawson Road. The property is outside of the city limits but within the City's Extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The area is rural in nature and contains single family residences and farms on larger tracts of property. Much of the overall area around the site is undeveloped. The proposed substation is to be located adjacent to a 11 5K electrical transmission line that crosses the property. The nearest residence appears to be located some 400± feet northeast of the site. The other residences in the area are located farther away. It is possible that the substation may be visible from one or two residences. It appears that the substation is located where it will have minimal visual impact on a small number of nearby properties. All owners of properties located within 300 feet of the site and all residents within 300 feet who could be identified were notified of this item. A drop-in open house was hosted by Entergy on March 20, 2006. There were prominently displayed articles about the proposal in the March 10, 2006 and March 15, 2006 issues of the Arkansas Democrat Gazette. 3. ON SITE DRIVES AND PARKING: Access to the site will be via a driveway located within a 25 -foot wide access easement off of Colonel Glenn Road. The road will consist of packed gravel. It will be paved from Colonel Glenn Road to the first entrance gate. A parking pad will be located on the north end of the substation, at the entry road and gates. FILE NO.: Z-7980 (Cont. 4. SCREENING AND BUFFERS: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Due to the residentially zoned property around the site's entire perimeter, an undisturbed buffer area is required. Along the northern and southern boundaries, 21 foot of undisturbed area is required. Along the eastern and western perimeters of the site, 24 foot of undisturbed area is required. In addition to the undisturbed buffer area, screening is required. This screening is to be a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings. An automatic irrigation system to water landscaped areas will be required. Prior to a building permit being issued, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. Show the limits of the floodway on the proposed plat. Per FEMA regulations, no fill or building construction is permitted in the floodway. 3. Proposed alterations of floodway require flood map revisions or a no rise certification. Obtain conditional approval from Pulaski County and the Federal Emergency Management Agency. 4. The minimum finish floor elevation above the 100 year flood elevation, as established by Pulaski County is required to be shown on plat. Plans indicate a base flood elevation of 355 feet. All supporting mechanical and electrical equipment must be constructed to the base flood elevation or higher. K FILE NO.: Z-7980 (Cont. 6. Utilities and Fire Department/County Planning: Wastewater: Outside service boundary, no comment. Entergy: No comments received. Reliant: No comments received. Southwestern Bell: No comments received. Water: No objection. Fire Department: Outside of Little Rock City Limits. Provide statement from local volunteer fire department indicating approval and ability to provide service. Install fire hydrants per code. Contact LRFD Fire Marshal at 918-3710. County Planning: The applicant must apply for and receive a Floodplain development permit from Pulaski County. Please address the necessity of locating the proposed substation at this specific location. CATA: The site is not located on or near a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (APRIL 22, 2006) The applicant and two representatives of Entergy were present. Staff presented the item and noted additional information was needed on the proposal. Staff asked the applicant to provide a detailed description of the proposed substation. The applicant was advised to locate the substation on the survey so that setbacks could be determined. Staff asked that proposed fencing and site lighting be located and described. It was noted that the proposed access drive would need to be paved. Staff asked the applicant to provide a detailed explanation of why this site was chosen; what engineering criteria were used to determine that this is the sole site that will accommodate Entergy's needs; whether another site would work that would be less intrusive on neighboring residential properties. Staff asked that the applicant provide an explanation of possible effects on neighboring residents from electrical current and what noise would be provided by the substation. Staff asked the applicant to explain what measures would be taken to protect the adjacent gas transmission line. Public Works, Utility and Landscape Comments were discussed. It was noted that the property was in the floodplain and any development would have to comply with regulations covering development in the floodplain. Screening and buffer requirements were explained. Ashley Pope, Director of Planning for Pulaski County, asked the applicant to address the necessity of locating the 3 FILE NO.: Z-7980 (Cont.) substation at this site. She also noted the requirement of obtaining a floodplain development permit. During the discussion, it was determined that an illegal subdivision of the property had occurred and that Entergy was proposing to purchase the proposed 4+ acre tract. Staff stated a plat needed to be filed to address both actions. The applicants determined they would defer the C.U.P. and file the plat. STAFF ANALYSIS: Entergy Arkansas, Inc. is requesting approval of a conditional use permit to allow for construction of an electrical substation on this R-2 zoned property. An associated preliminary plat has been filed to subdivide a 7.8 acre tract into three (3) lots (S-1518, Colonel Glenn Preliminary Plat). The substation is to be located on proposed Lot 3. The property is located outside of the city limits but within the City's extraterritorial jurisdiction. The surrounding area is rural in nature with a scattering of residential properties and farms. The substation is proposed to be located in an open field midway between Colonel Glenn Road and Lawson Road, adjacent to an existing 11 5k transmission line. The proposed site is for a nominal 230 feet by 174 feet fenced area. The substation graded and graveled berm (pad) will extend outside the fenced area approximately 5 feet (all round) and there is proposed parking area on the north end of the station at the entrance road and gates. The substation 115kV high voltage dead-end structure top will be approximately 60 feet above existing/initial site grade (which includes a nominal 57 feet tall structure). The shield -wire height is projected to be at 60 feet and the conductor height is projected to be 45 feet above the initial site graded. Two to six individual 90 feet tall steel poles may be needed for Lightning protection (the number will depend on a lightning protection and shielding study that will be done once the final design is completed). Low voltage structures will be less than a nominal 35 feet above initial grade. The existing Transmission Line Poles, conductor, and shield -wire heights are as follows: Structure 29 is a three wood pole structure consisting of two 80 foot poles plus one 75 foot pole. The transmission line conductor is approximately 51 feet above grade and the transmission shield -wire conductor is approximately 69 feet above grade. Structure 30 is a two wood pole structure consisting of two 65 foot poles. The transmission line conductor is approximately 45 feet above grade and the transmission shield -wire conductor is approximately 55 feet above grade. 12 FILE NO.: Z-7980 (Cont. To satisfy neighborhood concerns, normal service night (dark -sky) lighting that point down would be installed for security purposes. Flood lighting will be installed which will only be turned on and used for emergency and worker safety lighting when necessary. It is proposed that the drive be paved from Colonel Glenn to the first entrance gate. A waiver will be requested for the remainder of the road. The road will consist of packed gravel built above the 100 year flood plain. The area located west of 1-430 and along Colonel Glenn and Lawson Road is developing rapidly with commercial and residential electrical loads. Electrical loads in this area are estimated to expand by 20 to 25 MVA (which represents 80% electric load growth) within 3 to 5 years. Due to westward expansion and the large load growth expected in the area a substation is needed west of the 1-430 and Colonel Glenn intersection. The existing substation serving this area is 3 miles to the east of Colonel Glenn and 1-430 and is nearing its capacity. Construction of a new substation in the Colonel Glenn and Lawson Roads area will alleviate the expected overloading at existing substations and allow for better reliability of service. Commercial and residential electrical load growth west of 1-430 would be accommodated for many years. Service liability would be vastly improved with extended electrical outages being all but eliminated for 1St contingencies on the distribution system for the areas west of the 1-430/Colonel Glenn corridor. Due to increasing and rapid development in the area, adequate and sufficient parcels of land suitable for an electrical substation in the vicinity of existing 115kV transmission facilities is limited. The preferred substation site is directly under the existing Transmission line, and in between (about 800 feet) the two Distribution feeder lines presently serving the area. This location would have the least amount of added electrical lines of all the options considered, which makes it the most reliable and cost effective solution. It also has the lowest environmental impact due to the minimal tree clearing required. The Quarry site is 4200 feet to the west of the existing Transmission line and an additional 1500 feet to the Colonel Glenn Distribution feeder. The additional mile of Transmission and Distribution lines makes this option less reliable, more costly, and has a much more negative environmental impact than the preferred site. This site would likely require condemnation proceedings based on statements from landowners that Entergy could not cut any trees on their property. Also, Arkansas Public Service Commission (Commission) standards have been established by the Commission in specific cases over the years. Regarding filing of proposed facilities, the Commission will inquire into the general reasonableness of the propose project. The Commission will consider evidence of the aesthetic 5 FILE NO.: Z-7980 (Cont. and environmental impact of the project and its impact on other property uses. The Commission will also consider the possible consequences to public health and safety. Finally the Commission must determine whether the utility has established a need for the facility and has made the most economic and prudent decision. As to the issue of EMF (Electric and Magnetic Fields), Entergy states it should be noted that there is no scientific proof that there is an effect on humans from EMF and thus there are no regulations regarding allowed levels. Due to this lack of guidelines, Entergy works to minimize the EMF from their facilities whenever practicable. With the proposed substation site under the existing transmission line, the only measurable increase in EMF would come from any additional lines that would be required. The EMF from these distribution lines would be the same as from any other line not near a substation. If the new substation were constructed in a site not under the current transmission lines then there would be an increase in EMF from the new transmission lines that would be required — thus, on the proposed site, minimal to no measurable increase. Entergy's primary transformer supplier advises that Entergy's present transformer specifications require inherently low noise transform units. If someone is going to be at least 300 feet, they will experience transformer sounds not much louder than a library and quieter than a "quiet Office" environment. Sound levels fall off with distance traveled. In general, transformer noise will not be noticeable, if audible, above ambient noise at the substation fence line and cannot be heard at all at a distance of 300 feet. In response to staff's questions about the proximity of a gas line, Centerpoint has visited the site and states that the DL — 38 gas line is buried approximately 5 ft. below ground. The line flows gas north across Colonel Glenn Road to its regulator station. This is not a disconnection point for gas flow in a contingency event. Initial feedback is that Centerpoint does not believe the substation poses a problem provided Entergy does not impede across to its line (concrete pad over the main). Entergy's design of the substation layout will not violate Centerpoint's easement or pipeline integrity. The site is outside of the Little Rock city Limits. A joint meeting was held with the Little Rock Fire Chief Kerr, Assistant Chief Larry Tyner, Crystal Valley Fire District #24 Chief Gary Boyle, Andy Traffenstedt, Deputy Director Pulaski County Office of Emergency Management and Bill Muehsam — Emergency Response Manager, Pulaski County Office of Emergency Management. Based on negotiations with the Arkansas State Emergency Response Commission, the Commission decided to exempt reporting of dielectric fluids contained within oil -filled electrical equipment from the Emergency Planning and Community Right -to -Know Act Tier II reporting. The basis for this decision was largely due to the fact that any emergency response action on the part of municipal or volunteer fire departments would be at the direction of Entergy electrical workers. A FILE NO.: Z-79$0 Cont. Entergy's management strategy relies upon early detection of abnormal operating conditions in a substation that could be indicative of an oil release, ready availability of absorbents and other materials or tools for initial containment of the oil spill by electrical workers, and rapid mobilization of spill response contractors to the site to complete contaminant removal and restoration. As with catastrophic fires in substations, catastrophic releases of dielectric fluid from substation equipment that impact waterways are rare. A question was posed by Pulaski County OEM representatives as to the likelihood of an oil discharge impacting adjacent residences. Due to the proposed location being within the flood plain and lower in elevation than the houses in the area, such a scenario would be unlikely. Entergy will provide copies of substation safety awareness video for emergency responders training and arrange for periodic electrical safety/refresher training to the Volunteer Fire District. Entergy will also host officials of the Crystal Fire District, Little Rock Fire Department and Pulaski County Department of Emergency Services to tour the Entergy Distribution and Transmission Operations Centers in Little Rock to provide a better understanding of how Entergy handles electrical outages and/or catastrophic electrical events. Included in this tour will be detailed discussion of procedures on how Entergy de -energizes transmission and distribution lines entering/leaving a substation plus explanation of the 24/7 monitoring equipment installed in the substation. Entergy can de -energize a substation within 5 to 7 cycles (60 cycles in a second). Entergy's Environmental Management group has offered to conduct briefings to the Crystal Fire District and other interested emergency response personnel to communicate the potential environmental issues associated with dielectric fluid releases. These briefings will describe how pre -positioning of Haz-Mat materials by Entergy reduces response time to releases and the chances for runoff from any spill that might occur. Entergy has met with Pulaski County's Director of Planning and Development. It is understood that Entergy is required to submit details showing that the substation will be built above the flood plain to obtain the necessary construction permit. The substation pad will be one to one and one-half feet above the 100 year flood plain. Electrical equipment will be an additional 3 to 4 higher. Staff is supportive of the applicant's proposal. Within the past decade, the intensity of development west of 1-430 has increased substantially. That growth is now expanding to encompass the broader Colonel Glenn corridor. New commercial development is occurring along the southern 1-430, Colonel Glenn and Stagecoach Road corridors. Several new residential developments have been approved in the area south of David O Dodd, west of 1-430. The Cooper Communities development on Crystal Valley Rod and Lochridge Estates on Marsh Road and Colonel Glenn each contain over 200 lots. It is estimated that somewhere near 1,000 new residential lots have been approved in the area. As 7 FILE NO.: Z-7980 (Cont. this area becomes more densely developed, the need arises for enhanced support infrastructure, including utility service. This proposed substation is to be located underneath an existing high-voltage transmission line. The site is relatively well isolated from surrounding development. The applicant submitted responses to questions raised by staff, as reflected in the analysis above. STAFF RECOMMENDATION: Staff recommends approval of the application subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. STAFF UPDATE: On December 22, 2005, at the Subdivision Committee meeting, the applicant requested deferral of the C.U.P. to coincide with a preliminary plat application that is necessary to address the issue of subdividing the property. On January 9, 2006, the applicant requested deferral of the item to the May 11, 2006 agenda. Staff recommends deferring the item. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested deferral of the item to the May 11, 2006 meeting. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to the May 11, 2006 Agenda. The vote was 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (MAY 11, 2006) The applicants were present. There were several objectors present. Sixteen persons submitted registration cards in opposition. Many letters of opposition and other items of information had been submitted to staff and forwarded to the Commission. Staff presented the item and a recommendation of approval, subject to compliance with the conditions noted in the "Staff Recommendation" above. James Jones, of Entergy, spoke on behalf of the application. He cited the new development in the area as prompting the need for the substation. He stated it had been 26 years since a new substation had been built in the Little Rock area. Mr. Jones stated the substation that currently served this area was operating at capacity. He stated Entergy had identified 5 potential locations. Mr. Jones n FILE NO.: Z-7980 (Cont. described a feasibility study, which had been done of the 5 sites with this site being chosen as the best. He referred to a written report, which had been distributed to the Commissioners when speaking of the reasons why this site was chosen. Mr. Jones cited the lack of clear -cutting, reduced cost in transmission lines, the property being for sale, better distribution routes, good access and the overall reduced cost to Entergy customers. Stephen Giles, attorney representing the objectors, stating adding a substation to the site was adding a new use that was not compatible with the area. He stated a substation was an industrial use. He asked those present who were in opposition to stand. Approximately 20 persons stood. Mr. Giles referred to letters of opposition from area property owners and a letter from an appraiser stating the substation would have a negative impact on property values. Mr. Giles stated the ordinance required conditional uses to be compatible with uses in the area. He stated the area residents were asking for protection under the City's extraterritorial zoning. He concluded by stating there was also a property line dispute. Sue Ann Stephens, of 14075 Colonel Glenn Road, spoke in opposition. She played a tape of noise she had recorded at the Entergy substation on Vimy Ridge Road. Ms. Stephens voiced concerns about access, fire, gas lines and flooding. She stated there were other sites that were better suited, specifically an inactive quarry site on Lawson Road. Ms. Stephens stated the substation was an industrial structure that was dangerous in nature and hideous in appearance. Roy Jolley, of 14300 Colonel Glenn Road, spoke in opposition. He described the beauty of the valley. He stated the substation would be located in a bowl and all those around would be looking at it. Mr. Jolley stated there would be light pollution and noise pollution. He stated he had seen this area flood and he surmised this development would increase flooding in the area. He referred to a letter from a realtor in which he predicted the substation would decrease surrounding property values by 50%. Mr. Jolley voiced concern about fire danger and noted the local volunteer fire department did not support the development. He referred to the number of neighbors in opposition and noted the quarry site was only 7/10 of a mile down the road. Mr. Jolley stated there would be a negative environmental impact. Carolyn Jolley, of 14300 Colonel Glenn Road, spoke in opposition and stated there had not been enough time for opposition. Stephen Giles showed a power point presentation with photographs of the area, flooding, the Vimy Ridge Substation, traffic on Colonel Glenn Road and the quarry site. James Jones responded that there were 53 substations in the Little Rock area and 490 in Arkansas. He stated several were located in floodplain areas. Mr. Jones stated the flood photographs shown by the opponents were of the 9 FILE NO.: Z-798 property on the opposite site of the creek from the proposed substation site. He addressed the issue of a possible fire at the site by stating the substation could be de -energized within seconds. He stated surrounding properties would be protected and the fire department and Entergy personnel would respond in an emergency. Mr. Jones stated substations do not necessarily devalue properties. He stated there would be no noise beyond 200 feet away from the substation. He stated Entergy had looked at the quarry site but had determined it would add 3 million dollars to the cost and would involve clear -cutting an 80 -foot by 1 -mile path for a new transmission line. In response to questions from Commissioner Laha, Mr. Jones stated both this site and the Vimy Ridge site were 115 KVA, the added cost of locating at the quarry site would be borne by rate payers, the substation would be low -lighted with flood lights used only when needed for work at the site and the site did need to be filled. In response to questions from Commissioner Yates, Mr. Jones stated access over the creek had not yet been designed but would be designed to comply with regulations and Entergy and the fire department would respond to any emergency at the site. In response to questions from Commissioner Meyer, Jim Lovell of Entergy discussed the various types of transmission and distribution lines. Commissioner Taylor asked, of the 490 substations in Arkansas, how many per year have explosions or fires. Mr. Jones responded there had been only two since 1990. In response to additional questions, Mr. Jones stated there would be only ambient noise at 200 feet from the substation and the substation site needed to be built-up rather than constructed on piers for safety reasons. In response to questions from Commissioner Rahman, Mr. Jones stated the substation was needed to serve the area west of 1-430 and Entergy hoped to have it operational by late 2007 or early 2008. A motion was made to approve the C.U.P. subject to all staff comments and conditions. The motion was seconded and approved by a vote of 9 ayes, 1 noe, 0 absent and 1 recusing (Adcock). 10