Loading...
HomeMy WebLinkAbout21447 Applicant PP MOD NarrativeEASTLAKE PROFESSIONAL CENTER Preliminary Plat Mod Narrative November 2021 2 November 2021 Preliminary Plat MOD: Eastlake Professional Center Table of Contents 1. Application Forms & Checklists (Applications included - A1 Development Review, PP Subdivision Preliminary Plat, & N1 Noticing Checklist) 2. Project Team 3. Narrative I. Project Overview II. Project Details III. Phasing Timelines IV. Concurrent Construction Request V. Modification to the Preliminary Plat Conditions of Approval 4. Appendices Appendix A: Green Plan Appendix B: Preliminary Plat Appendix C: Phasing Plan Appendix D: Release of Easement Appendix E: Draft SID Waivers Appendix F: Response to Conditions of Approval Appendix G: Preliminary Plat Findings of Fact (21-016) Appendix H: Weed Management Plan Appendix I: Discharge Permit Appendix J: SWPPP Confirmation 5. Plan Set Civil Preliminary Plat Master Utility Plan Site Survey 3 November 2021 Preliminary Plat MOD: Eastlake Professional Center 1. Application Forms & Fees The required A1, PP, & N1 forms for the Eastlake Professional Center Subdivision Preliminary Plat Application have been included in the application materials. The calculated fee total is outlined below. COMPONENT FEE QUANTITY TOTAL PP Base Fee (Minor Subdivision) $2,459 1 $2,459.00 Additional fee per lot subject to Site Plan Review $40 4 $160.00 TOTAL $ 2,619.00 4 November 2021 Preliminary Plat MOD: Eastlake Professional Center 2. Project Team OWNER Eastlake Professional Center LLC Attn: Randy Scully randy@scullywestproperties.com 5073 Patterson Road Bozeman, MT 59718 p. 914.450.8803 APPLICANT ScullyWest Properties, LLC Attn: Randy Scully randy@scullywestproperties.com 5073 Patterson Road Bozeman, MT 59718 p. 914.450.8803 PROJECT CONSULTANTS Planning Intrinsik Architecture, Inc. Attn: Tyler Steinway tsteinway@intrinsikarchitecture.com 111 North Tracy Avenue, Bozeman, MT 59715 p. 406.582.8988 Civil Engineering TD&H Engineering Attn: Alex Edwards Alex.Edwards@tdhengineering.com 234 East Babcock Street, Suite 3 Bozeman, MT 59715 p. 406.586.0277 Landscape Architect Design 5 Attn: Nate Beck Nate@Design5la.com 37 East Main Street, Suite 10 Bozeman, MT 59715 p. 406.587.4873 5 November 2021 Preliminary Plat MOD: Eastlake Professional Center 3. Narrative Executive Summary We are submitting a material modification to our approved preliminary plat application to allow us to enter into an improvements agreement for the outstanding road improvements as allowed under UDC Section 38.270.030.B.1.b.2. Completion of Improvements. This request is coupled with a Concurrent Construction request to begin construction on the Medical Eye Specialist Clinic on Lot 4 prior to the completion of these remaining street improvements. This request to financially guarantee and request concurrent construction was not available when we initially submitted our preliminary plat and thus results in a material modification to the plat, which requires re -review by the City Commission. For more information on our concurrent construction request please see Section IV. I. Project Overview The Subdivision Preliminary Plat to subdivide 7.65 acres (333,321 SF) of undeveloped land into four (4) commercial lots was approved on June 8,2021. Subsequently, a site plan was submitted (currently on public notice) for a Medical Eye Clinic located on lot 4. 6 November 2021 Preliminary Plat MOD: Eastlake Professional Center Due to unforeseen circumstances and timing, it became apparent that all of the necessary subdivision improvements weren't able to be completed prior to the asphalt plant closing, which will ultimately results in a significant time delay in the start of construction for the important Medical Eye Specialists clinic. It is our intent to financially guarantee all remaining street improvements to allow the concurrent construction request to be granted. Because this item was not requested in our original preliminary plat application it constitutes a material modification to a plat, which ultimately requires a new decision by the review authority. II. Project Details Please refer to Appendix G for all relevant information on the previously approved preliminary plat. III. Phasing Timelines This project is proposed to be constructed in five (5) phases. Phase 1 is to be the first phase constructed. While Phases 2 - 5 are numbered numerically, and subsequently to Phase 1, phases are not necessarily intended to be constructed in their numerical order. It is the applicants intention that Phases 1 - 5 may be constructed concurrently or independently of one another. Please see Appendix C for an updated phasing plan providing additional details on the extent of each proposed phase. The applicant is seeking to financially guarantee the remaining on site road improvements in Phase 1. The future phasing expectations will be further developed in the subsequent Final Plat submittal. IV. Concurrent Construction Request 1. The city will have an opportunity to review and approve future proposed 7 November 2021 Preliminary Plat MOD: Eastlake Professional Center development through a site plan review or planned unit development; Response: Understood. A site plan application for the Medical Eye Specialists is currently on public notice and a building permit application has been submitted. It is understood that all future development/sites will be required to go through the site plan review process. 2. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement; Response: The property owner is prepared to enter into an improvement ’s agreement with financial security for 150% of the cost of improvements acceptable to the City. The security will be made in the name of the City and extend a minimum of 6 months beyond the anticipated completion date. 3. Improvements must be complete within two years of the date of the improvements agreement; Response: Public infrastructure improvements are anticipated to be complete by June of 2022. 4. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the engineering department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development; Response: Infrastructure approval has been granted by the City of Bozeman, and DEQ review is underway. We anticipate DEQ approval will be granted very soon. 5. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the development must cease until required phases of infrastructure improvements as described in the improvements agreement have been completed, and inspected and accepted by the city; Response: Incremental phases as deemed necessary by the City are acknowledged and building construction will be phased in accordance with the improvements agreement. 6. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an 8 November 2021 Preliminary Plat MOD: Eastlake Professional Center additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; Response: The developer will provide the required insurance and name the City as additional insured. 7. The developer must recognize, acknowledge and assume the increased risk of loss because certain public services do not exist at the site; Response: The developer acknowledges this risk. 8. If public funds or other third party funding will be used to fund all or part of the installation of infrastructure, the improvements agreement between the developer and the city must identify the type or types of predetermined infrastructure funding. Public or third party funding may include, but is not limited to reimbursement, payment up front, creation of a special improvements district, or grants; Response: No public funds are anticipated for this project. 9. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the development will be allowed until required infrastructure improvements have been completed, inspected, and accepted by the city, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use is allowed when such action would constitute a safety hazard in the opinion of the city; Response: The applicant understands that all necessary improvements must be completed and reviewed by the City prior to a Certificate of Occupancy being issued for the development. 10. The developer must enter into an agreement with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; Response: If deemed appropriate by the City, the applicant is willing to enter into an agreement with the City to address provision of services. 11. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section; Response: The applicant is aware of the risks associated with the concurrent build process, and is willing to hold harmless the City against any and all liabilities. 12. The developer must pay for any extraordinary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; 9 November 2021 Preliminary Plat MOD: Eastlake Professional Center Response: Extraordinary costs are not anticipated for this project; however, the developer agrees to cover costs if additional staff hours are deemed necessary for inspection and project oversight. 13. The development must be under the control of a single developer and all work must be under the supervision of a single general contractor. The developer and general contractor must agree that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city; and Response: The development is under the control of a single developer, who will maintain control of the project until all required infrastructure improvements are complete, inspected, and accepted by the City. One general contractor will supervise all work conducted on site. 14. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the community development director in consultation with the city engineer and with a recommendation from the development review committee. Response: Acknowledged. A concurrent construction plan will be provided subsequent to preliminary plat approval. V. Response to the Conditions of approval Please see Appendix E for response to the preliminary plat conditions of approval.