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Home My WebLink About035 Concurrent Construction CCOFF Submittal Authentisign ID:DB347D3A-OE06-F111-832E-OOOD3A4FF82A MT CCOFF �v� C ��f�"� f� CONCURRENT CONSTRUCTION SUBDIVISION & OFF-SITE IMPROVEMENTS CONCURRENT CONSTRUCTION PROCEDURE (BMC 38.270.030.D) Subdivisions and site plans requiring off-site public infrastructure improvements may be completed concurrently with on-site vertical construction through a request for concurrent construction. Per the Bozeman Municipal Code (Sec. 38.270.030 D), off-site improvements require review and approval and must be requested at time of Subdivision Preliminary Plat and/or Site Plan Application submittal. CONCURRENT CONSTRUCTION REQUIREMENTS All Concurrent Construction requirements for subdivisions and off-site improvements can be referenced in the Bozeman Municipal Code Sec. 38.270.030 D. APPLICATION SET Initial concurrent construction plan: • A phasing plan labeled "Concurrent Construction Plan"that illustrates and delineates the extent of each phase,the timing of each phase, the proposed timing of the infrastructure installation and building construction (include proposed sequencing of each building in each phase if applicable),the proposed timing of other improvements such as parkland. • A phasing plan that illustrates the proposed occupancy for each phase and that clearly shows how and when the infrastructure will be complete for each phase prior to the occupancy of any building. • All proposed phasing plans must include both on and off-site improvements: all on-site improvements plus any improvements to streets, sidewalks, parkland,trails, stormwater lots, and infrastructure improvements within the rights-of-way whether adjacent to the site or off- site.All improvements must be accounted for and be shown within a proposed phase. • All phasing plans must show all property lines, streets, rights-of-way, pedestrian facilities, open space areas, buildings and structures, parkland, utilities, infrastructure, easements, construction staging, construction fencing, and clearly delineated phasing lines. Subdivision phasing plans will be less detailed than site plan applications with off-site infrastructure. Materials required following the preliminary approval of the planning application, whether plat or plan and the preliminary concurrent construction approval by the Development Review Committee: 1. Final Concurrent Construction Plan, materials as required above, in final form and revised.The final concurrent construction plan must match and be in sync with any proposed Improvements Agreement application. 1 Revision Date: May 2025 Authentisign ID:DB347D3A-OE06-F111-832E-OOOD3A4FF82A CCOFF 2. A narrative with detailed written responses to all code requirements in BMC 38.270.030.D including how the applicant proposes to meet the individual code requirements and acknowledgment of the restrictions and responsibilities of concurrent construction. 3. The following deliverables must be completed prior to off-site concurrent construction approval: a. 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; b. The developer must provide and maintain hazard and commercial general liability insurance; c. The developer must recognize, acknowledge and assume the increased risk of loss because certain public services do not exist at the site; d. 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. FORMAL ACKNOWLEDGMENT By requesting Concurrent Construction for subdivisions and off-site improvements, the applicant is responsible for understanding and adhering to the Bozeman Municipal Code (BMC Sec. 38.270.030 D) throughout the project development.The applicant understands and accepts the risk in application approval delays if the Concurrent Construction application does not satisfy all requirements of the BMC. The applicant acknowledges that by submitting Concurrent Construction he/she agrees: OConcurrent Construction must be requested and applied for prior to Development Review Committee (DRC) review. Failure to provide a Concurrent Construction plan may result in a Modification to your application and/or delays in review timing; OSite development must be under the control of a single developer and a single contractor; D lmprovements will be designed, constructed, and installed according to the standards and criteria as adopted by the City; OThe City has the authority to issue permits incrementally and revoke permits for non-compliance; 0 Improvements will be completed within 2 years of completion of the Improvements Agreement; 0 Increased risk of loss is possible when certain public services do not exist at the site; 0 The City may impose additional fees for any extraordinary costs associated with processing and administering this Concurrent Construction application. 2 Revision Date: May 2025 Authentisign ID:DB347D3A-OE06-F111-832E-OOOD3A4FF82A CCOFF SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be acc,i��e�,�d. Applicant Signature: /y�� O/��he// Date: 02/09/26 Tyson O'Connell,member,United Housing Partners LLC Applicant Printed Name: Owner Signature: Date: Zach Brown, County Commissioner, Gallatin County Owner Printed Name: CONTACT US Alfred M. Stiff Professional Building phone 20 East Olive Street fax PO Box 1230 Bozeman, MT 59715 www.bozeman.net/plannin� CITY STAFF USE ONLY Check each box once each document is reviewed and approved. Concurrent construction cannot be approved until all documents have been completed and approved. ❑Improvements Agreement ❑Letter of Credit/Bond (If Applicable) ❑City Infrastructure Approval ❑DEQ Infrastructure Approval ❑Hazard and Commercial General Liability Insurance ❑Hold HarmlessAgreement ❑ Concurrent Construction Plan ❑Email/Narrative acknowledging increased risk of loss. Concurrent Construction Request: ❑ APPROVED ❑DENIED Signature Date Printed Name 3 Revision Date: May 2025 Acknowledgement and Consent of Developer— Subdivider has entered into a Purchase and Sale Agreement to sale Lots 1 and 4 of the Hidden Creek Minor Subdivision ("HC Lots 1 and 4")to Human Resource Development Council of District IX, Inc., a Montana nonprofit corporation, or its affiliate ("HRDCIX"). Following the sale by the Subdivider of HC Lots 1 and 4 to HRDCIX, HRDCIX will record the Hidden Creek Condominiums Declaration submitting Lot 1 of the Hidden Creek Minor Subdivision ("HC Lot 1") to the Unit Ownership Act under Mont. Code Ann. § 70-23-101 et. seq. (the "HC Lot 1 Condominium Declaration"). Following the recordation of the HC Lot 1 Condominium Declaration, HC Lot 1 will consist of Hidden Creek 4 Unit, Hidden Creek 9 Unit and the general common area created under the HC Lot 1 Condominium Declaration (collectively the "HC Condominium Property"). HRDCIX will retain Lot 4 of the Hidden Creek Minar Subdivision, but intends to sale the Hidden Creek 4 Unit to Hidden Creek 4 Housing Associates LLLP, a Montana limited liability limited partnership and the Hidden Creek 9 Unit to Hidden Creek 9 Housing Associates LLLP (collectively referred to in this agreement as the "Developer"), a Montana limited liability limited partnership. The Developer hereby acknowledges this Agreement and agrees to be bound by it when it assumes ownership of the HC Condominium Property. By: Hidden Creek 4 Housing Associates LLLP, A Montana limited liability limited partnership By: Hidden Creek 4 Managers LLC, a Montana limited liability company, its Managing General Partner By: United Housing Partners LLC, a Montana limited liability company, its Authorized Member By: / � T so O'Connell Member Hidden Creek 9 Housing Associates LLLP, A Montana limited liability limited partnership By: Hidden Creek 9 Managers LLC, a Montana limited liability company, its Managing General Partner By: United Housing Partners LLC, a Montana limited liability company, its Authorized Member By: / Ty 'Connell le ember .. -=�5\�vooi�F��ieco�dVvo�itVPRo�Ecrs\3eee—ui�P_oes�g�_��c\—oo3zs_Nraae� c�eek_cvi�owc\-xn��e�tsVccoFF PNnswc =�aN_aws, F�inswc P�nN, �ior.ed- -ee oe,zoze—zasvm _. aa�yuq..no•�ad.kmrnednaeu \\ \ � - II � \� Y \ � � I� � a� — :' � Y � ___ -- .-' �`� - � __ - __}_ '-. '� - . . _ --- .:.' .. �.�'. .. .,J ....,..—T , _ --- t '. r�n -� `� .�...: -, �-- �\ --- --- ,'`a �� - ��- -_ SS -- ' W yy- _- -- -_ . W_ � V_� . _ SS JUNIPER STREET _ i. _ ,��..' . . � „ , � � �—* �k �— - _. — ,� � _� ._ � � � :� .. ,� .("„ _ . . . ..:..:. . :....:::. .�.-.�_. .. .... ........, , .::.-� . : . .... . ..,. .. _ . •: `n ... ,w: . _ . . - '� PHASED OCCUPANCY -- --�� _ _ --- - - --- ---- � - - -- � _ �-°l �� BUILDI G 2 BUI I WG 3 I I • so9onKaa o 9 ^K RKOR"E ` PHASE DESCRIPTION REQUIRED PARKING PARKING PROVIDED ` ` i . � . I - � 1 OFF-SITE INFRASTRUCTURE 70+10 BIKE 82+22 BIKE � �� `�; "�; y �� il:� I AND BUILDINGS 2 AND 3 .s, " � �� -�.� �� i��` 1&2 PHASEIAND 130+17BIKE 139+28BIKE �, BUILDINGS 1 AND 4 I � - PHASE 1 AND 2 AND �„� " �� - 1&2&3 192+27 BIKE 217+38 BIKE .: ; BUILDING 5 :. ' II I ----- - : ---� ._ ss - - � � I _ __ � -- � S . - N PHASING NOTES � l S� �� 1. SUBDNISION INFRASTRUCTURETO BE CONSTRUCTED i �_G, �� -------__ L CONCURRENTLYWITHSITEIMPROVEMENTS.ALL �, 5.165 aC ---- 8 . SUBDNISION IMPROVEMENTS MUST BE COMPLETED PRIOR � ... �� .,:'. _� ...- '. I _ 4�5 9 8 ( Ef TO OCCUPANCY OF THE FlRST BUILDING � �eo o rc n K ai e `Q 2. RELOCATE E%6TING OVERHEAD ELECTRIC LINE TO �`�� - - - - - - - - - - - UNDERGROUND IN NEW 10'UTILITY EASEMENTALONG THE I i . I � ___ _ '� WEST SIDE OF OAK PARK DRIVE PRIOR TO COMMENQNG N SUBDIVISIONINFRASTRUCTURE . . 3. OAK PARK DRIVE TO BE CONSTRUCTED TO SUB-BASE TO �,'�. � PROVIDEALLWEATHEREMERGENCYACCESSFROMIUNIPER I� STREET SOUTH TO THE REST HOME PARKING LOT PRIOR TO BUIL WG4 � ANYVERTICALCONSTRUCTIONOFBUILDINGS. I aonK nRKORiv � I 4. ALL SITE IMPROVEMENTS FOR THE ENTIRE PHASE NEEDTO BE COMPLETE WCWDINGINFRASTRUCTURE BUILDING I m , , , ��,\ � I -- � - - �I� �, � PARKING,OPEN SPACE,AND SITE IMPROVEMENTS I ' ' �' �„o�"-�"- . � � (LANDSCAPING AND IRRIGATION MAY BE FlNANCIALLY /� I J GUARANTEED FOR SEASONALITY),BEFORE OCNPANCY OF - � / ANY BUILDING WITHIN THAT PHASE. � �L 5. TEMPORARYMAILBOXESWILLBEREQUIREDFORPHASEI �� LOT 3 I AND 2,UNTIL PERMANENT MAIL BOXES ARE WSTALLED IN . BUIL WG 1 0.184 ac "I �• PHnse 3. 8]OAK ARK OR E � I I 841 OAK PARK DRIVE Vl ----- 1 i '\ � _ Ir I\ ' �� r � I —�� I � — IY``.�i I D �r'�� I �-� �� r. . �,; I Ilar�u� C 1 , , I � I cn i k � ` � LY �r-�� `��.�� ,:..� \��; / i A LOT 4 � `�� "� � /` C 0.427 ac �°�` I `� �I��I�—�k— — — — — - * ' I �� {� C cl0 OAK PARK DRIVE * / ` I I � Y � I 4 J. ,�� i I : I� �f�Y I i ��-� � �i -, I�d i �� c �� ii �' �P i � ` i ,� � .�� _ i i '� �I i i i � f i i L � I'� I � ._ _ . _ _. � � � ' � �� n6o KPn�KORi e � � � � II_I°,� I i i � I � ,;,� �� -- —,— --�� v� I _ ,o � , . w, , � � — — — — _ —� , �30 x�.� _.. :..� � 40 SHOP.�� r,� �� I � � � I� II� I �I ■ �� ,, � �� - �,� ! �:-�� 4.0�t � � —�� 3.708 �� . GALLATW COUNTY, � ��" I J . RESTHOME � �� / �, � �'' ;;_ I,�. � � � �� V 1. . o� �I `o � I .' 00 �❑'�r �II � I � eago o � I i a ! i �,� '� �� i � i � ' ��IGir� i I\ .I/ �� i g �� i� — ��,�i � �I �/ : I\p �� i � � I �uP\� 0 0 ' -''� � �� s N. �,�� ' � �� ii � I�� i j�� i a o ��I 1 f�� i , � i r. � x �' 3 2� ��k..�r �� } I� .�`� � I 3:r'I . � F�:� 0 I L I � �:�..�.. � C� � e�:�l��.r� i`. O � 0 ' � �� I ��N� � I O � � . 'I I` ,1�.'i'�i � I • I ` r --- -e'� e••��-----�I- � e� � � (T � — — — U +�I — — — z o , ; :,,., . . .. , . N — — — ._ ;: . -� m — - m s ss - a D��2STON ROADSS SS S�"'- —� W W w I � . Vy O ' ---57---5� - --� -SI) - - .��_ - _SI) - - .,�- - - O ISSUE�REVISION HIDDEN CREEK ,��otid'�"' ,,, No. oarE oEscier�oN i o�z ocR „ QD m � = DEVELOPMENT \�5��,0�� .�-, ' "'2"2°ZS COBINFSUBMITTALRCi CDP ZW� oA omA F��o � � N ��, �] ,�r� � � D G �1. o� •,p� 2 12/23/2025 COB SITE PLAN RC2 CDP Z�VL o m n D "� �D L� o W �G Z m � Z � � m r z'^ilmoo 'Z= � m� �o ^ozm r :� z o r •-i= 3 12/23/2025 COB INF SUBMITTAL RC2 CDP ZWL N p A m z °m m N � m D � t+�i � z Z U N I T E D H O U S I N G ��;�'�a o a' p= o� o` N�o °'" �`"'N n m = �� x j `'� � ��o �` 4 12/23/2025 M�EQ SUBMITTAL CDP ZWL n n N z N�' `�071 O r �O t PARTNERS, LLC ��'��Ne��'�\��`�\\` 5 1/15/2026 COBINFSUBMITTALRC3 CDP ZWL m� Nm �NRo� � Z � � r- J �� BOZEMAN, MT ///''jjjjjjj11," 6 1/22/2026 COBINFSUBMITTALRC4 CDP ZWL � m � K[ � 1 7 2/04/2026 BUILDING PERMIT CDP ZWL Narrative Response to 38.270.030.D Hidden Creek Apartments-Lot 1, Hidden Creek Subdivision 1. The city will have an opportunity to review and approve future proposed development through a site plan review or development is using the incentives of 38.380.030; The Hidden Creek Apartments development meets the requirements of BMC 38.270.030.D through the City of Bozeman's comprehensive review, approval, and oversight processes, as well as through the developer's commitments to complete all required public improvements and adhere to applicable standards. The City of Bozeman has fully reviewed the proposed development through the platting, infrastructure, and site plan processes. Hidden Creek Apartments is being developed in accordance with the City's Affordable Housing Ordinance (BMC 38.380.030)and is utilizing the incentives available under that ordinance. The project has demonstrated compliance with all applicable development standards and has been approved to proceed under the City's established review procedures. 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 bythe improvements agreement; An Improvements Agreement has been executed between the landowner, Gallatin County, and the City of Bozeman.This agreement utilizes nonfinancial guarantees to ensure that all infrastructure and required site improvements will be completed prior to the issuance of any Certificate of Occupancy for buildings on Lot 1 (Hidden Creek Apartments) or prior to building permit approval for Lot 3 and Lot 4 of the Hidden Creek Subdivision. 3. Improvements must be complete within two years of the date of the improvements agreement; All improvements identified in the Improvements Agreement are required to be completed within two years of the agreement's execution. 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; Engineering design and infrastructure plans for the subdivision and the Hidden Creek Apartments have been reviewed and approved by both the City Engineering Department and the Montana Department of Environmental Quality. No building permits will be issued until all required approvals are in place. 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 bythe city; N/A 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 additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; The developer has also provided the Citywith hazard insurance and commercial general liability insurance naming the City of Bozeman as an additional insured, consistent with City requirements. 7. The developer must recognize, acknowledge and assume the increased risk of loss because certain public services do not exist at the site; The developer acknowledges and assumes the risks associated with the absence of certain public services at the site during construction. No occupancy of any structure will occur until all required infrastructure improvements have been completed, inspected, and accepted by the City, and a Certificate of Occupancy has been issued. 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 partyfunding may include, but is not limited to reimbursement, payment up front, creation of a special improvements district, or grants; N/A 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; 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; A Notice of Covenants, Conditions, and Deed Restrictions was executed and recorded as a part of final plat, restricting the occupancy of buildings on Lots 1, 3, and 4 until the completion of all public infrastructure described on both that document and the Improvements Agreement.The Improvements Agreement further authorizes the City to without building permits on Lots 3 and 4 until the same qualifications are completed. 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; N/A 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; A hold harmless agreement indemnifying, defending, and holding harmless the City of Bozeman, its employees, agents, and assigns has been executed as part of the final plat for the Hidden Creek Subdivision. Site development activities will be fully managed by United Housing Partners through its tax credit ownership entities—Hidden Creek 4 Housing Associates LLLP and Hidden Creek 9 Housing Associates LLLP. Rotherham Construction will serve as the general contractor responsible for construction of both infrastructure and vertical improvements. 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; N/A 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 The development will be under the control of United Housing Partners LLC, through its single use ownership limited liability limited partnerships, Hidden Creek 9 Housing Associates LLLP and Hidden Creek 4 Housing Associates LLLP, until the completion of all infrastructure required in the deed restriction and Improvements Agreement as well as all construction shown and required for the Hidden CreekApartments site plan. All work and subcontractor contracts will be completed under the supervision of Rotherham Construction who is the GC for all public and private infrastructure, as well as the vertical construction of the five buildings that make up the Hidden CreekApartments. 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. A phasing plan demonstrating concurrent construction sequencing and compliance with all application requirements has been submitted with the approved Site Plan.All improvements have been designed and will be constructed in accordance with the standards, specifications, and criteria adopted by the City of Bozeman. Based on the above,the Hidden Creek Apartments development satisfies the requirements of BMC 38.270.030.D, ensuring that adequate public improvements, risk mitigation, construction oversight, and compliance mechanisms are in place prior to occupancy.