HomeMy WebLinkAboutItem #1 Pine Ridge Mall Waiver440d,t\
CHUBBUCK
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Memo
To: Honorable Mayor & City Council
From: Devin Hillam, Community Services Director
Date: February 25, 2025
Community Services Department
290 E Linden Ave., Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Re: Pine Ridge Short Plat — Developer request to waive guarantee as a condition to recording plat
Summary of Request
A request was received on behalf of the Pine Ridge Mall developer to waive the required guarantee to record
the approved Pine Ridge Mall short plat (Attachment #1). City staff are not supportive of the request but a
decision of whether to approve or deny the request lies with the Council. The applicable section of code is
section 17.20.010, which was amended in 2022 by the Council, so that plats could not be recorded and lots sold
with remaining required infrastructure construction, and questions about whose responsibility those
improvements were once lots were created and ownership divided.
City Requirement
17.20.010: RECORDING OF PLATS:
No plat of any development shall be recorded, nor shall such recording be valid, unless the plat has received
final approval from the city council in the manner prescribed by this title and any public improvements, either
on-site or off-site, as defined herein and as applicable to the development, are guaranteed in accordance with
section 17.20.015 of this title or completed and inspected and found to meet the City's requirements. Public
improvements for purposes of this section are those which are either intended to be turned over to the City or
other government agency or those which serve as common improvements for lots within the development and
shall include but not be limited to: roads, electric, water, sewer, fire protection, lighting, required recreational or
other amenities, required landscaping and/or open space, curb, gutter, sidewalks, parking lots, pressurized
secondary irrigation systems, and drainage systems. If an unapproved, or otherwise unlawful, plat is recorded,
the city may institute proceedings to have the plat stricken from the records maintained by the county recorder.
(Ord. 206 § 4-1(A), 1979: Ord. 853 § 2, 2022)
17.20.015: GUARANTEE OF COMPLETION REQUIRED PRIOR TO RECORDING PLATS; GUARANTEE MAINTAINED
UNTIL WARRANTY EXPIRES FOR IMPROVEMENTS DEDICATED TO PUBLIC AGENCY:
No plat shall be recorded until:
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A. Financial Guarantee Required; Form: The public improvements associated with the plat are financially
guaranteed for performance by a surety bond, cash deposit, cashier's check, or irrevocable letter of credit in the
city's name in accordance with following terms through written agreement:
1. Surety Bond: The bond shall be with a surety company authorized to do business in the State of Idaho
and acceptable to the City.
2. Cash Deposit, Cashier's Check, or Irrevocable Letter of Credit: A cash deposit, cashier's check, or
irrevocable letter of credit in the City's name, shall be deposited with an escrow agent, City Treasurer, or trust
company.
3. Accrual: The financial guarantee shall accrue to the City of Chubbuck covering all costs of construction of
the public improvements.
4. Amount: The financial guarantee shall in the amount one hundred fifty percent (150%) of the total
estimated costs based on the development cost estimate in this section, for completing construction of the
public improvements, as approved by the Director.
5. Term Length: The financial guarantee shall be in force for a minimum period of twenty-four (24) months
with automatic renewal until the improvements have been deemed completed by the Director and accepted by
the City and shall continue until all contractual warranty periods are completed in accordance with
section 17.16.070 of this title. Once all public improvements have been accepted by the City, at the Developer's
request, seventy-five percent (75%) of the surety or guarantee may be released and the remaining twenty-five
percent (25%) will remain in effect for the warrantee period of the public improvements in accordance with
section 17.16.070.
6. Development Cost Estimate: The Development Cost Estimate shall be provided by the developer's
engineer of record for review and approval by the Director.
7. Penalty for Case of Failure to Complete Construction of Public Improvements: If the developer fails to
complete construction of the public improvements within the period of time required by the conditions of the
guarantee, the city may at the city's discretion, either enter into longer terms with the developer or determine
and take necessary action in order to accomplish completion of the required public improvements. The city may
reimburse itself for the cost and expense thereof by appropriating the financial guarantee in whichever form
provided and if costs to complete the public improvements exceed the financial guarantee, the city may seek
additional monies from the developer or owners of the property through all legal means. Longer terms to
accomplish completion of the required public improvements will only be considered if all owners within the
bounds of the development provide their written consent to the extension's term.
8. Release of Guarantee for Improvements Not to be Dedicated to a Public Agency: Public improvements
which are not dedicated to a public agency yet which require a financial guarantee in accordance with this
section are not subject to the section 17.16.070 warranty period. Following completion of the public
improvements which are not to be dedicated to a public agency, the developer may submit a written request to
the Director for final inspection. To receive approval, the improvements must be fully functional and able to be
utilized by lot owners within the development. If the Director determines that the developer completed the
work in accordance with the development agreement requirements, the Director may consider the inspection
final and authorize release of the financial guarantee covering those improvements. If the inspection discloses
work not completed in accordance with requirements of the development agreement, the Director shall not
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declare that portion of the project complete until such time that noncompliant issues are addressed to the
satisfaction of the Director.
B. Sidewalk Exception: For subdivisions where the City determines it to be in the best interest of the property
owners to install sidewalks at the time of building rather than at the time of subdivision development, the
following procedure will be followed regarding the installation of sidewalks:
1. Building Permit/Certificate of Occupancy: A building permit may be issued on a building occupying a lot
when the required sidewalk has not been installed under the following conditions:
a. The building permit will clearly note that the sidewalks shall be installed prior to the receipt of a final
Certificate of Occupancy.
b. Prior to issuance of a temporary Certificate of Occupancy, a cashier's check or cash shall be deposited
and held in escrow by the City until such time that the sidewalks are installed. It shall be the responsibility of the
property owner to request an inspection of the installation and request a refund of the escrowed funds from the
City. All refunds of such escrowed funds shall be subject to the accounts -payable cycle of the city. An inspection
by the Director showing acceptance and compliance of the sidewalks shall be completed prior to any request for
a refund of the escrowed funds.
c. From time -to -time, buildable lots may be purchased by an adjoining landowner, or a non -adjoining
landowner, who does not either intend to build on the lot or who does not intend to build on the lot in a pace
consistent with the development's build -out. In such cases, to connect the pedestrian infrastructure in the
development, the City may compel construction of the sidewalk by the property owner within ninety calendar
days (90), weather -permitting, and if not completed, the city may construct the sidewalk and/or seek remedy in
accordance with section 17.20.050. (Ord. 853 § 2, 2022)
Attachment 1: Email from Shoaib Vahora on 2/18/25 requesting waiver of guarantee in order to record the Pine
Ridge short plat
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short\3 Request to waive guarantee prior to recording\Staff Response & Request from Developer to waive
guarantee prior to recording_02.25.25.docx 3
Attachment #1:
From: Shoaib Vahora[
Sent: Tuesday, February 18, 2025 1:42 PM
To: Joey Bowers <JBowers@cityofchubbuck.us>
Cc: Joshua Simon < ; Cristian Flores < ; Sean Harris
<sharris@cityofchubbuck.us>
Subject: Request to Waive Guarantee - Chubbuck / Pine Ridge
Hello Joey,
As we discussed over the phone, our Pine Ridge short plat was approved by the City Council on February 5th,
and we would like to formally request a waiver of the guarantee to proceed with recording the plat. Given the
financial impact, fulfilling this requirement would not be economically feasible for us at this time.
Attached is the short plat approval letter for your reference. Could you please confirm once this request has
been added to the agenda for the City Council meeting on March 5th?
Please let me know if you need any additional information.
Thank you for your assistance in this matter !
Shoaib Vahora
Development Associate
6900 E. 2nd Street
Scottsdale, AZ 85251
D: 480.887.0644 M: 512.784.0469
0: 480.745.1956 F: 480.588.4150
CAUTION: This email originated from outside the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
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CHUBBUCK
I D R H D
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www. GtyofCh u b buck. us
FINDINGS OF FACT & CONCLUSIONS OF LAW
FOR A
SHORT PLAT FOR PINE RIDGE, APPROXIMATELY 41.27 ACRES LOCATED WEST OF
YELLOWSTONE AVE., SOUTH OF INTERSTATE 86, NORTH OF QUINN RD.
FACTS
REQUEST: The applicant proposes a 5 lot short plat for 5 commercial building lots in the PINE RIDGE
subdivision. It includes extending water and sewer services to the development.
TYPE OF COUNCIL ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the
evidence and by applying law to the facts; decisions shall be based on the standards for approval). A
decision of this final plat shall be based on whether it meets the requirements of the City of Chubbuck
ordinance and State of Idaho statutes.
OWNER:
Christina LeTourneau — SimonCRE
6900 E. 2"d St.
Scottsdale, AZ 85251
PROFESSIONAL SERVICES:
Reeve & Associates, Inc.
5160 S 1500 W
Riverdale, UT 84405
LOCATION: SW 1/4 of Section 10, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located west of Yellowstone Ave., south of Interstate 86, north of Quinn
Rd.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Pine Ridge Mall
PROJECT SIZE: ±41.27 acres
VIEWS: Generally visible from all directions
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: yes
SURROUNDING LAND USES AND ZONING
NORTH: Commercial; General Commercial (C-2)
RECENT TRAFFIC COUNTS:
2018: Quinn Rd at PR Mall Entrance, 11374/day
2024: Hawthorne Rd. at PR Mall Entrance, 9968/day
EAST: Commercial; General Commercial (C-2)
SOUTH: Commercial; General Commercial (C-2), Residential; Limited Residential (R-2), Dense Residential (R-4)
WEST: Commercial; General Commercial (C-2), Residential; Planned Unit Development (PUD)
Final Plat Aojorov_aI_ Farm- FFCL
SERVICES:
ACCESS STREET: Current Access from Yellowstone Ave., Quinn Rd., Hawthorne Rd.
FIRE/EMS PROTECTION: City of Chubbuck Fire Department
SANITARY SEWER: City of Chubbuck Sewer Utility Department
CULINARY WATER: City of Chubbuck Water Utility Department
SURFACE WATER RIGHTS: none
PROCEDURES:
In accordance with City Code 17.12.200 and Resolution 2024-04, a complete petition and fees
for a final plat were filed with the City and which contained the appropriate documents and
waiver requests pursuant to 17.12.200.
In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular
Meeting of the City Council.
In accordance with City Code 17.12.230, the record was reviewed on February 5, 2025 by the
City Council.
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §50-13, Plats and Vacations
b. §67-6513, Subdivision Ordinance
Chubbuck Comprehensive Plan (as amended)
Chubbuck City Code
a. Title 16, Land Improvement Standards
b. Title 17, Land Development
c. Title 18, Land Use
RECORD:
1. The record is on file with City of Chubbuck Staff and consists of the application materials, staff
reports and memos, public and agency testimony, meeting minutes, and applicable portions of
city and state law.
FINDINGS
Having reviewed the record, including the application materials, staff report, testimony provided at the
hearing and meeting, and the criteria for approval of a Final Plat as found in city code section 17.12.100,
the City Council finds the following:
1. Conditions of Approval necessary to approve the Final Plat are (if any):
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CHUBBUCKI n
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CjtyofChubbuck.us
Final Plat Approvol Form- FFCL
a. Construction plans/drawings be approved by the Development Services Division prior
to issuing building permit.
b. Easements for new water and sewer utilities be conveyed to the City under separate
document recorded with Bannock County.
c. Easements no longer needed for utilities be vacated per Idaho Code.
d. A successful execution of a development areement. If staff and develo er are unable
to reach a consensus of the requirements for construction through the development
a reement staff will bring items of disagreement before the City Council for a final
decision.
The Short plat proposal substantially conforms to Chapter 17.12, Section VI. Short Plat Procedure,
meaning that the following are found:
a. Proper Access is provided to the property;
b. The development is consistent with the comprehensive plan;
c. No substantial construction and dedication of public improvements are required;
d. Requirements of the planning conference have been met.
ORDER: CONCLUSION AND DECISION; PERMIT TERMS
1. The City Council, pursuant to the aforementioned, finds that the request for a Short Plat as herein
described, shall be APPROVED.
2. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect
to the decision in this action:
a. This Action does not deprive the owner of the property of all viable uses of the property.
b. This Action does not have a significant impact on the landowner's economic interest.
c. This Action does not deny a fundamental attribute of ownership.
3. Applicant has a right to request a regulatory takings analysis pursuant to section 67-8003, Idaho Code.
4. Approval of the short plat is valid for a period of two (2) years. Approval of a short plat does not
assure final acceptance of any dedications, continuation of any existing design and construction
regulations, or continuation of any existing land use regulations governing the subject land or
other properties in the area. If the short plat is not recorded and improvements and structures
intended for dedication to the public are not begun within a one year period from the date of
lae,c-\
CHUBBUCK1 0H a
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.0 ityofCh u bbuck. us
Final Plat Approvo! Form- FFCL
Council approval, the short plat and supporting documents shall be resubmitted to the City for a
review of compliance to then existing applicable ordinances and regulations.
5. Whether approved, approved with conditions, or denied, any party seeking judicial review of the
decision must first request a reconsideration of this decision to the City Council in accordance with
section 18.28.090 of city code.
41
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APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this (7 day
of 6tL r Leo-�1-1
20 J"j.
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CHUBBUCK4 a
1 0
Kevin B. England, Ma r
ATTEST:
J ers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us