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HomeMy WebLinkAboutConcurrentConstructionRequest_06-30-21 G:\MADISON ENGINEERING\PROJECTS\2020\20-102 CoHousing\Application\Concurrent Construction\Concurrent Review Request letter.doc 895 Technology Blvd Ste 203  Bozeman, MT 59718  (406) 586-0262  Fax (406) 586-5740 June 30, 2021 Mr. Lance Lehigh, PE City of Bozeman Engineering PO Box 1230 Bozeman MT 59771 RE: Concurrent Construction Request – Bozeman CoHousing On behalf of our client, we are requesting concurrent construction for the required public infrastructure improvements for the proposed Bozeman CoHousing development located at 3120 Wagonwheel Rd. The required public improvements are for a water main extension and sanitary sewer main extension. The improvements are required for the proposed CoHousing development. Based on the Bozeman Unified Development Code (UDC), Section 38.270.030.C.1 b&c we believe the following conditions allowing concurrent construction are met. 38.270.030.C.1.b The water mains, sewer mains and streets to be extended to provide service to the development are: located within a publicly dedicated right- of-way or easement; constructed to city standards; are physically adjacent; are installed and accepted by the city; and are adequate in capacity to provide necessary service to the proposed development; and comply with the requirements of this subsection C.1.b and subsection C.1.c of this section; Response: 1. The water and sewer main extensions will be within a publicly dedicated right-of- way and easement. 2. The required main extensions will be constructed to City Standards. 3. The water and sewer main extensions are physically adjacent each other. 4. The water main extension is the same size as the main being connected to. The water main extension includes a branch to the north for future expansion of the water system as well as allowing for a looped system. The water and sewer main extensions are of adequate capacity to provide necessary service to the proposed development. June 30th, 2021 Bozeman CoHousing - Concurrent Construction Request Madison Engineering LLC Page 2 5. The required public utility and access easement has been submitted to the city for review and processing. 38.270.030.C.1.c Water mains, sewer mains and streets shall meet the following requirements: (1) Any required on-site extensions of water mains, sewer mains or streets to be dedicated to the public shall be located entirely within publicly held easements or rights-of-way; shall serve only a single lot; are the subject of an irrevocable offer of dedication to the city upon completion of the project; the development is under the control of a single developer who shall retain control of the entire project until final completion; all work is under the supervision of a single general contractor; and no subdivision of land is involved; Response: 1. The water main extension will serve only one lot and will be located within an existing Public Right of Way and Easement. The required public utility and access easement has been submitted to the city. A copy of the draft easement is included in the site plan submittal. 2. The water main extension is being constructed for the development of the Bozeman CoHousing project. 3. The developer agrees to the required irrevocable offer of dedication of the improvements to the city upon completion of the project. 4. The water and sewer main extensions will be under the control of a single developer who shall retain control of the entire project until final completion. 5. All work will be under the supervision of a single general contractor. 6. No subdivision of land is involved with this site plan approval. (2) The DRC shall determine when the standards of this subsection C.1 are met. The fire department must consider whether adequate fire protection services are available from existing hydrants, and water supply exists to meet needs during construction. If adequate fire protection does not exist then concurrent infrastructure and building construction may only occur under the provisions of subsection C.1.c.(3) of this section. Based on evaluation by the fire department, simultaneous construction of infrastructure to be dedicated to the public and private construction may be permitted only within a defined portion of the site; Response: Scott Mueller at the Bozeman Fire Department has been contacted with regards to this request to allow concurrent construction. June 30th, 2021 Bozeman CoHousing - Concurrent Construction Request Madison Engineering LLC Page 3 (3) Approval of the final engineering design, including location and grade, for the infrastructure project must be obtained from the engineering department, and the state department of environmental quality when applicable, prior to issuance of any building permit for the development; Response: Infrastructure design will be submitted for review and approval from both DEQ and the City of Bozeman for the main extensions. (4) No occupancy, either temporary or final, may be issued until all on-site and offsite water, sewer and street or drive improvements are installed and accepted or approved as applicable by the city. Response: The owner acknowledges no occupancy of any structures or commencement of any use will be allowed until required infrastructure improvements have been completed, inspected and accepted by the city, and a certificate of occupancy has been issued. Please consider our request at your earliest convenience. If you have any questions regarding this proposal please feel free to call us at 586-0262. Sincerely, Madison Engineering, Inc. _____________________________ Derek Dennehy, PE Staff Engineer Cc: Mark Owkes file Page 1 of 4 Return to: City Clerk PO Box 1230 Bozeman MT 59771-1230 City of Bozeman Conditional Irrevocable Offer of Dedication This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is made this _____day of ______________ 2021, by 3120 Wagon Wheel LLC, a Montana limited liability company of 117 Heritage Dr., Bozeman, MT 59715 (hereinafter referred to as "Grantor"). WHEREAS, Grantor is the legal owner in simple fee interest of certain real properties located in the County of Gallatin, State of Montana, and described as Tract B of C.O.S 526 and Tract A designated on County Assessor’s Plats (warranty deed recorded in Document No. 2673699), on file and of record in the office of the Clerk and Recorder of said County (hereinafter referred to as the "Property") and WHEREAS, Grantor applied to the City of Bozeman (the "Municipality") for approval to undertake development as defined in Chapter 38.7, BMC within the City of Bozeman (hereinafter the "Permit"); and WHEREAS, approval of Application No. 21096 was granted on _______________, 2021 by the Municipality in accordance with the provisions of Title 38, BMC, hereby incorporated by reference; and WHEREAS, Grantor wishes to meet the requirements of Title 38, BMC, to provide public access and/or allow simultaneous construction of infrastructure and improvements which will later be granted to the Municipality, with the buildings, remaining improvements and land appurtenant thereto to remain in private ownership, as authorized in Section 38.270.030.C; and WHEREAS, the water and sewer improvements to be installed or constructed on or under the above-described lands, and infrastructure and/or interests therein are to be dedicated to the Municipality, free and clear of all encumbrances, pursuant to said final approval of the Permit; and, WHEREAS, it is intended that this Offer is irrevocable and shall, upon written acceptance by the Municipality and final approval of the Permit referenced herein, grant all rights of use or access for maintenance and repair of the said improvements and infrastructure offered; Page 2 of 4 NOW THEREFORE, in consideration of the granting of, and conditioned upon, the final approval for application No. 21096 the Grantor hereby offers to dedicate to the Municipality, the sewer and water improvements to be constructed upon the real property as specifically set forth, described and identified in the plans and specifications issued or prepared by Madison Engineering, LLC of 895 Technology Boulevard, Suite 203, Bozeman, MT 59718; Project No. 21096, dated March 2021 (with subsequent approved revisions), which are by this reference incorporated in this instrument. 1. Benefit and Burden. This Offer shall run with and burden the Property and all obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be, upon the issuance of the final Permit reference herein, be effective limitations on the use and access of the Property by Grantor and shall bind the Grantor and all successors and assigns. This Offer shall benefit the Municipality only so long as said improvements and infrastructures for sewer and water exist on the Property. 2. Construction and Validity. If any provision of these Restrictions is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. 3. Successors and Assigns. The terms, covenants, conditions, exceptions, obligations, and reservations contained in this Offer shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and the Municipality, whether voluntary or involuntary. 4. Limitations. The construction and other standards adopted or utilized by the City of Bozeman regarding legal form, construction materials, warranty, and all other elements relating to improvements or infrastructure constructed or be constructed pursuant to the Permit shall be fully applicable. 5. Term. This irrevocable Offer of Dedication shall be binding for the duration of Final Site Plan approval process. Upon written acceptance of this Offer by the Municipality, this Offer and the terms, conditions, and restrictions hereof shall exist in perpetuity, shall have the effect of a grant by Grantor, subject to the conditions stated herein, and shall run with the land and be binding on the parties, their heirs, assigns, and successors, PROVIDED, HOWEVER, this grant shall be null and void if the Permit referenced herein is not granted and issued by the Municipality on or before one year after the date of Final Plan approval or extensions of the date of approval. Page 3 of 4 3120 Wagon Wheel LLC By:__________________________________________ (signature) _____________________________________________ (print) Its__________________________________________ State of Montana ) :ss: County of Gallatin ) On this day of , 2021, before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be ____________________ of ____________________ and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of _________________________. (NOTARY SEAL) ________________________________ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires __________________ Page 4 of 4 ACCEPTED: CITY OF BOZEMAN, MONTANA _______________________________________ City Manager ATTEST: ________________________________________ City Clerk STATE OF MONTANA ) ) ss County of Gallatin ) On this __________ day of _____________ 2021, before me, the undersigned, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk for the City of Bozeman, respectively, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) ________________________________ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires __________________