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HomeMy WebLinkAbout028 - Appendix S - Concurrent Construction MemoSimultaneous Installation of Infrastructure Improvements and Specific Project Construction Laurel Meadows – Phases 1 and 2 The applicant’s intention is to apply for issuance of building permits prior to completion of the public infrastructure as identified under Section 38.270.030.D. of the Unified Development Code. This request applies to Laurel Meadows – Phases 1 and 2. The concurrent construction is planned for homes within the Concurrent Construction Boundary as illustrated on the attached Concurrent Construction Plan: Phase 1 and 2. The request is to allow building construction of these dwellings prior to completion of the infrastructure improvements. Municipal water distribution and sanitary sewer collection systems will be installed, tested, and approved by the City to provide service to these lots prior to the start of building construction. The City streets and alleys adjacent to the properties will be installed to all weather gravel standards prior to the start of building construction. Arrangements will be made with the providers of private utilities to ensure adequate provisions are made to provide these services when they are needed. The required improvements to be in place prior to the start of building construction are identified on the Laurel Meadows Concurrent Construction Plan: Phase 1 and 2. The developer will enter into an improvements agreement with the City of Bozeman to financially guarantee any remaining infrastructure to complete street and sidewalk improvements. The amount of the financial guarantee will be determined from a contracted bid price, and will be in the amount of 150% of the bid cost for this remaining work. The financial guarantee will be in the form of a letter of credit or other method acceptable to the City. This will allow the developer to obtain final plat for the project making it possible to obtain third party financing for home construction. At the time building construction starts, remaining work will include completing the underground utilities outside of the concurrent construction boundary, installation of sidewalk, curb and gutter, crushed base, street paving and landscaping within the park areas. Construction of the infrastructure improvements for Laurel Meadows Phases 1and 2 are anticipated to start in Spring 2026 with completion to be in Fall 2026. This arrangement will allow building construction to start prior to the paving and concrete work for the streets and allow for homes to be available for sale Spring 2027. Chronologically the procedure to obtain building permits is: 1. Obtain Preliminary Plat approval for Laurel Meadows Phases 1 and 2. 2. Construct the required improvements to obtain building permits: Water, Sewer and streets to an all-weather gravel standard to the lots on which the concurrent construction activities will occur. Water and Sewer will be fully tested and accepted by the City. 3. Financially guarantee the remaining subdivision improvements. 4. Obtain Final Plat approval and file the Final Plat for Laurel Meadows Phases 1 and 2. 5. Obtain necessary fire hazard, liability, and builders risk insurance necessary to meet the requirements of the City and to obtain financing for individual home construction. 6. Start individual home construction concurrent with the construction of the remainder of the remainder of the subdivision improvements. Coordination of construction activities will be an important aspect of the concurrent construction plan. Temporary maintenance will be necessary through the construction period. A bid item based on an hourly cost for crew and equipment to maintain the roads has been provided in the bid documents for the prime contractor on the project. This bid item includes maintenance necessary to keep access roads clear and accessible and also includes snow removal. Access to and from the homes being constructed will be coordinated with the home builder. Careful scheduling of the paving improvements will also be necessary to minimize conflicts with the other construction activities. The condition of the gravel base prior to paving will be a concern; considerable gravel grading and replacement is anticipated to prepare the gravel courses for paving following the temporary use. It will also be necessary to coordinate building elevations with the home builder to be sure that they do not exceed allowable building height compared to the new roadways, as well as to maintain adequate lot drainage. The applicant recognizes that a high level of coordination related to the concurrent construction issues will be needed throughout the project. All parties, including City staff, the developer, engineer, architect, private utility companies, building contractor and infrastructure contractor will need to be involved in the coordination effort. Section 38.270.030.D This section of the Unified Development Code provides criteria and guidance to allow the issuance of a building permits prior to the completion of public infrastructure The current site owners will develop the site in its entirety to create a diverse neighborhood. The Concurrent Construction Plan is outlined below: 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; a. The City will have an opportunity to review and approve future site development through the PDZ review process. The project also proposes to use the incentives of 38.380.030. 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; a. The developer will enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by a financial guarantee in an amount to be determined by the city, with said guarantee to be in the name of the city. 3. Improvements must be complete within two years of the date of the improvements agreement; a. The applicant acknowledges that improvements will be required to be completed within two years of the improvement agreement. 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; a. The applicant acknowledges 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, will be required prior to issuance of any building permit for the development. 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; a. The developer understands that building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. The developer further acknowledges that all building construction within the development must cease until required phases of infrastructure improvements have been completed, and inspected and accepted by the city. 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; a. The developer will provide and maintain hazard and commercial general liability insurance. The developer acknowledges that such insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy will name the city as an 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; a. The developer recognizes, acknowledge, and assumes the increased risk of loss because certain public services do not exist at the site. 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; a. Should public funds or other third-party funding be used to fund all or part of the installation of infrastructure, the developer acknowledges that the improvements agreement between the developer and the city must identify the type or types of predetermined infrastructure funding. 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. The developer acknowledges that no occupancy of any structures 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. Further, the developer understands no occupancy of structures must occur when such action would constitute a safety hazard in the opinion of the city. 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; a. If necessary, the developer will enter into an agreement with the city to address the provision of any services on an interim basis during construction. 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. The developer will 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. 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; a. The developer will 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 cost. 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 a. The development will be under the control of a single ownership group and all work will be under the supervision of a single general contractor. The developer and general contractor agree that there will be no third-party builders until required infrastructure improvements have been completed, inspected, and accepted by the city. 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. This item is understood. A draft concurrent construction plan was submitted with this application. A final version will be prepared following the preliminary plat approval. 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BLOCK 2 LOT 6 2870 sq.ft. BLOCK 2 LOT 132287 sq.ft. BLOCK 2 LOT 7 2511 sq.ft. BLOCK 2 LOT 42262 sq.ft. BLOCK 2LOT 3 2242 sq.ft. BLOCK 2 LOT 2 2520 sq.ft. BLOCK 2 LOT 11 1985 sq.ft. BLOCK 2LOT 12 1970 sq.ft. BLOCK 2 LOT 82153 sq.ft. BLOCK 2 LOT 5 2520 sq.ft. BLOCK 3LOT 11 2244 sq.ft. BLOCK 3LOT 10 2170 sq.ft. BLOCK 3 LOT 9 3114 sq.ft. BLOCK 3 LOT 12 2658 sq.ft. BLOCK 3 LOT 14 2170 sq.ft. BLOCK 3 LOT 15 2170 sq.ft. BLOCK 3 LOT 162170 sq.ft. BLOCK 3 LOT 17 2520 sq.ft. BLOCK 3 LOT 5 3025 sq.ft. BLOCK 3LOT 1 2520 sq.ft. BLOCK 3 LOT 2 2170 sq.ft. BLOCK 3LOT 3 2170 sq.ft. BLOCK 3LOT 4 2170 sq.ft. BLOCK 3LOT 8 2870 sq.ft. BLOCK 3 LOT 7 2170 sq.ft. BLOCK 3 LOT 6 2372 sq.ft. BLOCK 3 LOT 13 2171 sq.ft. BLOCK 4 LOT 4 2276 sq.ft. BLOCK 4 LOT 3 2005 sq.ft. BLOCK 4LOT 1 14500 sq.ft. BLOCK 4 LOT 2 2328 sq.ft. BLOCK 4 LOT 5 BLOCK 5 LOT 324123 sq.ft. BLOCK 5LOT 2 2170 sq.ft. BLOCK 5 BLOCK 5 LOT 1 2520 sq.ft.30.00'30.00'O.S. 02 0.35 acs. RESTRICTED LOT 1 4.67 acs. 40 8020400 SCALE IN FEET PROPOSED 8" SEWER MAIN PROPOSED 8" WATER MAIN PROPOSED STORM MAIN 8S 8W SD PHASE 1 BOUNDARY PHASE 2 BOUNDARY PARK BOUNDARY FIGURE NUMBER © PROJECT NO.DRAWN BY: DSGN. BY: APPR. BY: DATE: COPYRIGHT MORRISON-MAIERLE,2025 Plotted by karl sand on Dec/18/2025 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net N:\10130\001.04-PDZandPPLAT\ACAD\Exhibits\10130.001.04_Concurrent Construction Exhibit.dwg10130.001.04 EXH.1 LAUREL MEADOWS BOZEMAN MONTANA CONCURRENT CONSTRUCTION EXHIBIT CJF CPK CPK 12/2025 PROPOSED HYDRANT (TYP.) DONNER DRIVE (60' ROW) STREET B (60' ROW)STREET A (60' ROW)ALLEY A (30' ROW)VAUGHN DRIVE (60' ROW)LAUREL PKWY (90' ROW)POND LILY DR(60' ROW)ALLEY B (20' ROW)LEGEND GENERAL NOTES 1.PUBLIC IMPROVEMENTS REQUIRED TO BE COMPLETE BEFORE BUILDING PERMITS CAN BE ISSUES. 2.THE SHADED CONCURRENT CONSTRUCTION AREA WILL BE PROVIDED WITH THE FOLLOWING: -MUNICIPAL WATER DISTRIBUTION -SANITARY SEWER COLLECTION -STREETS INSTALLED TO AN ALL WEATHER GRAVEL STANDARD. 3.WATER AND SEWER SYSTEMS MUST BE TESTED AND APPROVED PER CITY STANDARDS. PARK THE LAKES AT VALLEY WEST PHASE 6 PUBLIC IMPROVEMENTS (SEE GENERAL NOTES) LOTS ELIGIBLE FOR CONCURRENT CONSTRUCTION IMPROVEMENTS BOUDARY