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Summary
Staff Report:
With the
establishment of the DART program, the Board of Supervisors
has been interested in facilitating a more streamlined staff
review and approval process for the construction of
commercial, industrial and governmental projects once those
projects have been approved through the public review
process. While considerable improvement has been made to
the length of time it takes for a project to get from
submission of the first plan for review, through the review
process, through the bond and developer agreement process to
issuance of a land disturbing permit, it currently takes
approximately eight months on average to complete the
process and move to construction. Often, final approval of
the plans is delayed due to unresolved issues with outside
review agencies, compliance with proffers or approval
conditions or similar circumstances. One of the most
variable conditions that can affect the timing of
construction projects is weather. Contractors like to take
advantage of good weather for earth moving and site
grading. This proposed amendment will give staff an
additional tool in its toolbox to help provide a step up in
the construction process while resolving final issues in the
site plan approval/bonding process.
A recent
example how beneficial the early grading permit could be
took place this past month, with a site plan for a 60,000
square foot office building at Vint Hill. The County’s
review and approval of this project went quite quickly and
last minute changes to the water meter vaulting required
additional review (and approval) by WSA. There were some
delays in that review. As we had good weather, the
developer and contractor were anxious to move forward. If
we had been prepared with this early grading permit tool,
they would have been underway two weeks earlier (and been
the beneficiary of two weeks of good weather).
The Cross
Creek/Costco project is one that will benefit from this
amendment if approved. This project currently has an
approved plan for Cross Creek Drive and its stormwater
management facility. They expect to begin construction in
January. At the same time, they will be submitting the
major site plan for the development on the east side of the
road, including the Costco building, some in-line stores and
the associated parking and stormwater management. Cross
Creek is required by contract to deliver the site to Costco
pad ready, meaning all the major grading on the site has
been completed. An early grading permit for the Costco site
will allow the contractor to move around the site more
freely and to blend the construction of the roadway with the
construction of the shopping center site.
Proposed Text Amendment
The proposed
text amendment would allow the issuance of a land disturbing
permit for early grading for commercial, industrial and
government projects only. It is required that either a
major site plan or infrastructure plan be in the review
process so that there is a full understanding as to the
ultimate configuration and development of the site. In the
case of infrastructure plans, the project will need to have
an approved plan of development, which is the overall
concept plan for the site. In addition, a Type 1 (field
developed) soil survey is required so that there is full
information on the environmental conditions on the site. (A
Type 1 soil survey is already required for major site
plans.)
The early
grading plan would actually be the Phase 1 or 1A E&S Plan
that will stand alone but will also be part of the full
site/infrastructure plan package, so that when the overall
site development plan is approved, it will incorporate the
early grading component. The elements of the early grading
plan include E&S controls (silt fence, sediment basins,
etc.), site clearing, rough grading, open-ended culverts for
drainage (but not closed storm sewer systems), stormwater
management ponds and trenches, and retaining walls that are
required for major fill operations.
Prior to the
issuance of an early grading permit, the applicant would be
required to have in place any state or federal permits
(including wetland permits) and have completed/approved any
required floodplain studies.
This is a
program that staff believes can be very beneficial but will
also need to be monitored closely. There has been concern
expressed that the contractors will get ahead of their
approvals and will continue construction activity beyond
what is shown on the approved plan, especially if final plan
approval continues to be delayed for an extended period. To
implement this change to the Design Standards Manual, staff
would put into place an administrative process that includes
coordination between the contractor and John Marshall Soil
and Water Conservation District staff to ensure complete
understanding by all parties of what work can and will be
undertaken. In addition, a simplified bonding approach
would be part of the administrative process and would
include execution of a land developer’s agreement that
specifically addresses the risks to the developer in
undertaking this early work (such as the potential for more
expense for E&S measures over time) as well as the
developer’s responsibilities for stabilizing the land,
obtaining final site plan approvals, maintaining a
performance bond and similar provisions.
Identify any other Departments, Organizations or Individuals
that would be affected by this request:
Economic
Development
Development
Community |