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Summary Staff Report:
Update
The Board of
Supervisors held a public hearing on the proposal for an
early grading opportunity within the Design Standards Manual
at their February meeting. Some concerns were raised at
that time that principally centered on 1) providing adequate
time for plan review, 2) ensuring the submission of a
performance guarantee that was sufficient in amount and
easily accessible if action was needed by the County to
ensure quick compliance with erosion and sediment control
issues, and 3) providing for discretion in the applicability
of the ordinance, with the roles and responsibilities of the
developer to be clearly understood.
The proposed
text amendment includes the provision for an administrative
policy for the implementation of the early grading permit
opportunity. This administrative policy would be included
in the Appendix portion of the DSM, along with other
technical standards and procedures that may be changed from
time to time to reflect current circumstances and
conditions. (Changes to the Appendix of the DSM are made
administratively by staff, following a 30-day comment period
afforded to members of the design and development community,
as well as the public.)
A draft
Early Grading Permit Administrative Policy memo has been
prepared to provide the Board, development community and
public with some insight into the types of provisions that
would be included as part of the approach for consideration
of appropriate projects, application and submission
procedures, and permit and bonding requirements. (See
Attachment 2) This draft document seeks to address the
concerns raised to date during review meetings and the
public hearing. This policy document is still in the
review phase with John Marshall Soil and Water Conservation
District and the development community and would be
finalized if the Board should approve the enabling ordinance
for the early grading permit opportunity.
Background
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 the Water and Sanitation
Authority (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 on
the road shortly. 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
necessary for cut and 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. In
order to minimize the potential for this situation, careful
selection of projects that are likely to succeed at the
outset and working with the project during the early stages
of review will be needed. 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:
Department of Economic Development
Development Community |