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Item # 5.b.
         
City Council (FY24)
Meeting Date: 03/26/2024  
Department: Development Services  

AGENDA CAPTION:
Hold a public hearing, present, discuss, and consider action on a request for a subdivision variance to install a new overhead electric power pole and supported electric utility infrastructure immediately south of the common property boundary of the Greenhill School campus (4141 Spring Valley Road), 4090 Juliard Drive, and 14604 Vintage Lane, in order to provide electric service to the newly constructed Valdes Stem + Innovation Center on the Greenhill School campus.  Case SV2024-01/Greenhill School Subdivision Variance.
BACKGROUND:
In November 2021, The City Council approved a Special Use Permit (SUP) for the Valdes STEM + Innovation building on the Greenhill School campus. To facilitate the construction of this new building, Greenhill School advanced civil engineering and building plans throughout the first half of 2022, ultimately proceeding with site work in March 2022. At that time, Greenhill School’s general contractor, Scott & Reid, worked with Oncor to install temporary power to serve this construction site. This entailed the installation of a temporary power pole at the northern edge of the Greenhill School campus, at the common boundary with the Townhomes of Addison neighborhood.

In August 2023, as the project advanced towards substantial completion, Scott & Reid and Oncor communicated to Town staff and Greenhill School that the previously installed temporary power pole was required to remain as a permanent power pole, along with an additional overhead power pole that was installed south of Hornet Road, to support this project. This was in conflict with the Town’s understanding of this project, as the approved building plans reflected service being taken from an existing power pole and being routed through an underground duct bank to the new onsite transformer that serves the site. After this issue was clarified, Town staff provided initial notice to both Greenhill School and Oncor that this installation of permanent overhead electric infrastructure was in violation of Town code.

Specifically, the Town’s Subdivision Ordinance states that:
  • “Subdivision plat[s] or site plan[s] filed with or submitted to the Town for approval on or after June 23, 1982, shall be approved [if] such plan or plat requires all electric utility lateral and service lines to be constructed underground;
  • In special or unique circumstances or to avoid undue hardship, the City Council may authorize variances and exceptions from this requirement and permit the construction and maintenance of overhead electric utility lateral or service lines and may approve any plat with such approved variances or exceptions;” and
  • “It is the intent of this Section that no overhead electric utility lateral or service lines be constructed without a variance or exception having been obtained for the subdivision plat or site plan.”
In January 2024, the Town issued final notice of violation to Greenhill School regarding this code violation. The notice required Greenhill School to correct this violation or exercise their right to request a Subdivision Variance. In February 2024, Greenhill School submitted a variance request and proposed an alternative compliance plan. Through continued discussion with Oncor, it was determined that adding the service to an existing pole or upgrading an existing pole to provide more equipment carrying capacity was not technically feasible, and a new pole was required to serve the site. With this request, Greenhill School has proposed an alternative compliance plan where they would remove the two new power poles and overhead lines installed in violation of Town code, and add one new power pole south of the common property boundary of the Greenhill School campus (4141 Spring Valley Road), 4090 Juliard Drive, and 14604 Vintage Lane. All powerlines extended from this proposed new pole would be routed through an underground duct bank to the new onsite transformer that serves the site.

Staff supports this proposed alternative compliance plan as denying this request to access the nearest available electrical service would create a hardship for Greenhill School, as the next nearest available service is located over 1,000 feet to the south. The proposed solution appropriately mitigates the impact of the new infrastructure by placing it at a location where no trees would be harmed and out of the primary viewshed of the adjacent townhome and single-family detached home.

While this issue is outstanding, the Town did issue a Temporary Certificate of Occupancy (TCO) for the Valdes STEM + Innovation building that will expire at the end of the school year (May 28th). If this variance request is approved, a new CO should not be issued for that building until the overhead electric compliance work (to include the removal of noncompliant infrastructure) has been substantially completed.
RECOMMENDATION:
Administration recommends approval of the request with the following conditions:
  • All noncompliant overhead electric utility infrastructure that was installed to support the Valdes Stem + Innovation Center is removed prior to issuance of a permanent Certificate of Occupancy for the building.
  • All required work associated with this variance and the above condition shall commence following the end of the current school year (May 28, 2024) and shall be substantially completed prior to the start of the 2024-25 school year (August 22, 2024). No Certificate of Occupancy shall be issued prior to substantial completion of the work approved by this variance.
Attachments
SV2024-01 Presentation
SV2024-01 Ordinance
SV2024-01 Letter of Intent
SV2024-01 Alternative Compliance Plan
SV2024-01 Site Exhibits
SV2024-01 Notice of Violation

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