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Port Authority could hold escrow to let VA clinic start while private road is finished, county hears
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Summary
Commissioners discussed a variance request for Cobblestone Crossings that could let the VA clinic begin construction in May while a private road is completed later. A Port Authority representative said a ground lease plus escrow could provide financial assurance; the prosecutor is reviewing the structure and the Planning Commission will consider the variance May 6.
County officials on April 8 discussed a variance request tied to Cobblestone Crossings that seeks to allow the immediate start of construction for a planned VA clinic before a private access road is completed.
A Port Authority representative told the Board of County Commissioners that the authority ‘‘stands ready to provide that solution’’ by putting in place a ground lease and an escrow or bond agreement to assure funds will be available to build the road. The Port Authority said that, because it meets May 6 — the same day the Planning Commission will review the variance — the agreements could be in place to satisfy county reviewers’ concerns in time for the Planning Commission decision.
Jeremy Cinco, the county sanitary engineer, and county planning staff described the engineering code as silent on bonding private streets and said they would prepare commentary and suggested guardrails if the commissioners decide to accept bonding for a private development. Commissioners asked the county prosecutor to review whether escrow held by a public entity would satisfy the performance-bond expectation cited in an Office of the Attorney General opinion and whether that would allow a variance without a traditional performance bond.
Katie Lancianis, representing Cobblestone Crossings, said the developer ‘‘would be willing to bond through that’’ if needed, and said her team hoped pre-construction work could move quickly so the timing issue might be resolved. Planning staff and economic development officials characterized the situation as primarily a timing challenge: the developer wanted to begin clinic construction in May, but the code requires a completed road prior to final plat signing; road construction is not expected until mid-July.
Planning staff said the Planning Commission will review a variance request related to subdivision regulations and road/stormwater construction at its May 6 meeting. County staff and the Port Authority proposed using an overlay structure (ground lease plus escrow/bond agreement) to provide financial assurances that the road will be built, while keeping county procedures for public developments separate from any process used for private-street bonding.
No formal vote was taken by the commissioners on the variance; the board asked staff to draft resolution wording and await the prosecutor’s review and the Planning Commission’s action. The Port Authority and developer indicated willingness to proceed with escrow or bonding arrangements if required, and staff said the case will inform updates to subdivision regulations.
The discussion concluded with staff and commissioners agreeing to continue drafting proposed language and follow the Planning Commission and prosecutor timelines.
