HomeMy WebLinkAbout14 Concurrent ConstructionThe Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat Application
Concurrent Construction
The applicant’s intention is to apply for issuance of a building permit prior to completion of the
public infrastructure as identified under Section 38.39.030.D. of the Unified Development Code.
This request applies to The Lakes at Valley West – 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 Lakes at Valley West 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. A letter from Stockman Bank is included with this
section confirming the availability of financing under these conditions.
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 The Lakes at Valley West Phases 1and 2 are anticipated
to start in April of 2014 with completion to be in July or August 2014. 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 in the late summer or early fall of 2014.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat Application
Chronologically the procedure to obtain building permits is:
1. Obtain Preliminary Plat approval for The Lakes at Valley West 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. Interim record drawings for water and sewer infrastructure shall be
submitted to the City Engineer.
3. Financially guarantee the remaining subdivision improvements.
4. Obtain Final Plat approval and file the Final Plat for The Lakes at Valley West 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.
The specific 13 criteria from Section 38.39.030.D have been addressed with this Preliminary
Plat, please see below.
1. The subject property shall be developed under the provisions of Article 20 of this
Chapter;
Response: The subject property is being developed under the provisions of a Planned
Unit Development.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat Application
2. The subdivider or other developer must 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.
Response: The developers will enter into an Improvements Agreement to financially
guarantee completion of improvements necessary to complete all improvements
identified in the Preliminary Plat submittal to complete The Lakes at Valley West
Phases 1 and 2.
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: The developer agrees that final approval of engineering plans and
specifications will be required by both the City of Bozeman Engineering Department
and the Montana Department of Environmental Quality prior to issuance of any
building permits.
4. Building permits may be issued incrementally, dependent upon the status of installation
of the infrastructure improvements. All building construction within the PUD shall cease
until required phases of infrastructure improvements as described in the PUD have been
completed, and inspected and accepted by the City.
Response: The Lakes at Valley West Concurrent Construction Plan: Phase 1 and 2
illustrates the improvements proposed to be required prior to issuance of the building
permit. In general water, sewer, and streets to an all-weather gravel standard will be
constructed providing these services and access to the homes under construction. The
water and sewer facilities will be tested and accepted by the City. Interim record
drawings for water and sewer infrastructure shall be submitted to the City Engineer.
5. The subdivider shall provide and maintain fire hazard and liability insurance which shall
name the City as an additional insured and such issuance shall not be cancelled without
at least forty-five days prior notice to the City. The subdivider shall furnish evidence,
satisfactory to the City, of all such policies and the effective dates thereof.
Response: Property owner will provide all necessary fire hazard and liability insurance
prior to the issuance of the building permit. A letter from Payne West Insurance
confirming the ability to obtain this coverage is included with this submittal.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat Application
6. The subdivider recognizes, acknowledges and assumes the increased risk of loss because
certain public services do not exist at the site.
Response: The property owner recognizes, acknowledges, and assumes the increased
risk of loss for public services that do not exist at the site and will provide a written
agreement to this effect prior to issuance of a building permit.
7. The subdivider shall enter into an agreement with the City which provides for
predetermined infrastructure funding options.
Response: See Item 2 above.
8. No occupancy of any structures or commencement of any use constructed or proposed
within the boundaries of the PUD will be allowed until required infrastructure
improvements have been completed, and inspected and accepted by the City, and a
certificate of occupancy has been issued.
a. No occupancy of structures or commencement of any use shall occur when such
action would constitute a safety hazard in the opinion of the City.
Response: Occupancy or commencement of any use constructed or proposed within
the boundaries of Phase 1 and 2 will not occur prior to acceptance and completion
of all predetermined infrastructure necessary to provide full public services.
Portions of the improvements that do not present a safety hazard may be financially
guaranteed and completed following occupancy of homes.
9. The subdivider shall enter into an agreement with the City to address the provision of any
services on an interim basis during construction, if deemed appropriate.
Response: At this time, it is not anticipated that services on an interim basis will be
required. Municipal water distribution and sanitary sewer collection services will be
installed prior to issuance of the building permit. Water for domestic purposes will not
be used until a meter is installed in the structure. Water for construction purposes, if
necessary, will be obtained from other sources.
10. The subdivider shall 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 property owner will enter into a Hold Harmless and Indemnification
Agreement, acceptable to both parties, prior to issuance of building permits.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat Application
11. The subdivider shall 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.
Response: No additional costs are anticipated as a result of this request. Infrastructure
plans and specifications will be submitted and reviewed under typical submittal
criteria. See number 3 above.
12. The development shall be under the control of a single developer and all work shall be
under the supervision of a single general contractor. The developer and general
contractor shall agree that there shall be no third-party builders until the required
infrastructure improvements have been completed and inspected and accepted by the
city;
Response: The development shall be under the control of a single developer and all
infrastructure shall be under the supervision of a single general contractor. No third-
party builders will begin work until the infrastructure improvements required by the
Concurrent Construction Plan are in place and approved by the City. At this time the
remainder of the improvements will be financially guaranteed allowing a final plat to be
recorded on individual lots allowing for third party financing to home builders.
The required infrastructure improvements necessary to obtain building permits are:
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. Interim record drawings for water and sewer infrastructure shall
be submitted to the City Engineer.
13. Subsequent to preliminary plat or plan approval, a concurrent construction plan,
addressing all requirements of this section, shall be submitted for review and approval of
the review authority with a recommendation from the development review committee.
This section of the preliminary plat submittal provides the required concurrent
construction plan addressing all requirements of this section. It is submitted
concurrent with the preliminary plat submittal for review and approval by the review
authority and recommendation by the DRC.