City of Rockville

M E M O R A N D U M

July 15, 1999

TO: Planning Commission

FROM:
Bob Spalding, Chief of Planning
Jim Wasilak, Planner III

SUBJECT:      
Request for Relocation of Above Ground Electric Utility Lines in Tower Oaks
Potomac Electric Power Company       

Pursuant to Section 25-437(a) of the Zoning Ordinance, Potomac Electric Power Company (PEPCO) has requested approval of a relocation of existing above-ground electric utility lines within the Tower Oaks Comprehensive Planned Development (CPD) in order to facilitate construction of the Tower Building.

Background

During review of Detailed Applications for development in Tower Oaks, staff has been working with PEPCO, Tower Dawson LP and Boston Properties, Inc. on the issue of electrical service provision. Over time, there has been a substantial amount of confusion about the requirements to place utilities underground in this development. Staff has researched the text amendment that modified Section 25-437 regarding underground installation of utility lines as well as previous commitments from PEPCO regarding utility line relocation in the Tower Oaks area. The main points of confusion focus around which lines are required to be relocated underground, which poles are required to be removed and when these actions should occur.

The City Zoning Ordinance has required all extensions and relocations of utility lines be located below ground for some time, with the intent of this provision being that newly developed areas be largely free of overhead lines and utility poles, except for street lights. There are a number of instances where utility poles and lines that predate a development remain in place either with no connection to new development or through the use of cable drops along an existing pole. Frequently these lines are transmission lines which carry electrical service through an area but do not provide direct service, which is provided by distribution lines.

Staff notes that in 1976 PEPCO requested that electrical service to the GEICO facility be provided above ground on a temporary basis until development in the area was determined and the public street known as Monroe Street was dedicated, at which time the line would be placed underground. In 1996, the City adopted a text amendment modifying Section 25-437 with regard to CPDs to address electrical service to Tower Oaks. Included in the amendment was a provision permitting above ground connections to supply the Villages at Tower Oaks until such time as occupancy permits are issued for any development south of Wootton Parkway in the CPD, at which time the supply to the Villages must be placed underground. PEPCO subsequently relocated and/or removed the 13,000 volt (13kV) and 34,000 volt (34kV) overhead lines and utility poles in the abandoned Monroe Street right-of-way and on the site of the Villages at Tower Oaks neighborhood. These lines were in the area of New Mark Commons, Dogwood Park and Cabin John Parkway in addition to other areas of the City. The approval of the temporary above ground connection serving the Villages at Tower Oaks was based on eventual extension of a conduit and cable system from Montrose Road to serve the Tower Oaks project, as represented by PEPCO at the time. Since then there have been changes in the schedule for which office buildings in Tower Oaks will be built, as well as in the electrical service loads for the area. As a result, PEPCO has indicated that it is more efficient to utilize the existing conduit along Wootton Parkway extending from Seven Locks Road to serve the Villages at Tower Oaks rather than extend approximately 5,200 feet of conduit from Montrose Road. This will achieve the intent of Section 25-437(a) to remove the temporary connection for the Villages at Tower Oaks and replace it with underground service prior to the occupancy of buildings south of Wootton Parkway. Service to the Boston Properties building at 2600 Tower Oaks Boulevard will be provided underground.

Based on a review of the Zoning Ordinance requirements, the legislative record for TXT95-0150 and discussion with staff from the Planning Division, Department of Public Works and the City Attorney's Office, affected property owners and PEPCO, the following conclusions have been reached regarding electrical service provision within Tower Oaks. These are summarized below and are illustrated on the attached map:

1. The 13kV distribution lines will be placed underground in the existing conduit along Wootton Parkway between Seven Locks Road and Tower Oaks Boulevard. Transformers, fuses and other equipment, including the drop cable at Wootton Parkway and Tower Oaks Boulevard, will be removed. (Line A)
2. The existing 13kV and 34kV transmission lines and utility poles will remain along I-270 and Wootton Parkway between I-270 and Cabin John Parkway. (Line B)
3. Electrical service to the Boston Properties building at 2600 Tower Oaks Boulevard will be provided via underground conduit from the northernmost pole on Tower Oaks Boulevard near GEICO. (Line C)
4. PEPCO will relocate the 13kV distribution lines underground along Tower Oaks Boulevard between Montrose Road and GEICO dependent on the pace of development in Tower Oaks. It has been represented by PEPCO that this will take place within one to two years. (Line D)
5. All future electric service in Tower Oaks will be extended underground in conduit along Wootton Parkway or Tower Oaks Boulevard, as appropriate.
6. Three utility poles located on the north side of Wootton Parkway, between I-270 and Tower Oaks Boulevard are located on private property and will be relocated either into the Wootton Parkway right-of-way or an easement granted by the property owner.

During the review of Detailed Application CPD98-001F for the Tower Building at the northwest corner of Wootton Parkway and Tower Oaks Boulevard, it became clear that the utility poles along the north side of Wootton Parkway, between Tower Oaks Boulevard and Interstate 270, are located on private property without appropriate easements and must be relocated to accommodate construction of the building. This conflict has arisen as the building was relocated southward and westward to respect the stream buffer. Section 25-437 requires that "whenever an extension or relocation of any electric, telephone, or other utility, line, cable, transformer, or equipment locker is required in connection with the development or redevelopment of any land, any such extension or relocation shall be installed underground." Section 25-437(a) allows the Planning Commission to waive this requirement in a CPD for good cause shown.

Proposal

PEPCO's request is for a relocation of three poles and associated wires and equipment on the north side of Wootton Parkway between I-270 and Tower Oaks Boulevard (See attachment). The poles contain 34,000 volt (34kV) and 13kV transmission lines which will function exclusively as transmission lines once the service to the Villages at Tower Oaks has been provided via the conduit from Seven Locks Road.

Staff Comment and Recommendation

Staff notes that the previously approved reconfiguration of electrical service in this area allowed the relocation of above-ground lines and poles along this portion of Wootton Parkway. However, several of the poles were not located in appropriate locations, and the current proposal is to relocate the poles to correct locations. Staff finds adequate justification to support this request for the relocation of above ground transmission lines given the current inappropriate location of poles on private property without an easement, as well as the fact that the line must be relocated primarily due to the evolution of the site plan for the Tower Building in reducing its impact on the nearby stream. Staff recommends that the Planning Commission approve the request, provided that appropriate easements be obtained or public works permits issued for relocation of the line.

/rjw

Attachments