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HomeMy WebLinkAboutItem #1 Candee Subdivision Div. 2Joe Bowers Subject: Candee Subdivision Phase 2 From: Sean Harris Sent: Thursday, November 13, 2025 5:27 PM To: Brady Carter Cc: Bridger Morrison; Legal; Kevin England Subject: Candee Subdivision Phase 2 Brady, After receiving your email, I reviewed it with the city `s legal department and wanted to explain exactly where we are at with your project meeting city code. 1. You have an approved final plat and construction drawings. 2. You have an approved building permit issued for the dealership building on lot 1. 3. Staff does not have the ability to waive any requirement that are defined in Chubbuck Municipal Code, it would be the city council's decision to waive any requested requirements. You have applied for a building permit on lot 2, and in order for a building permit to be issued, 1 of 2 things must happen; 1. Complete all construction of the approved plans and record the final plat, or you could guarantee the remaining construction items at 150% of construction cost and record the final plat. 2. Apply for a conditional use permit to allow construction of site improvements and a building on proposed lot 2. After meeting with you it appears that you are not wanting to do either of the 2 options above. City staff reviewed your cmail request and a potential agreement with the city attorney, and he determined staff does not have authority to deviate from city code. City staff recommends you contact the City Clerk (Joey Bowers), ibowerslef cityofeliabi uck.us and request to be placed on the city council agenda requesting to waive any or all of the requirements listed above. The next city council meeting is Wednesday November 19, 2025. If you are ready to present your: request to city council, you can contact the city clerk by close of business tomorrow Friday November 15, 2025 with your request to be placed on the November 19,. 2025 city council agenda. If you are not added to, the agendas by 11:30 tomorrow, you will need to, make the request at a future city council ra, eeting_ Regards, 1 0 1 N Q Sean Harris I Development Services Manager 290 E. Linden Avenue Chubbuck, ID 83202 Office Voice: 208-237-2430 ext 108 City Cell: 208-221-4586 Public Works Department — Development Services Division lao"�t\ CHUBBUCK 1 0 0 H 0 Memo To: Honorable Mayor & City Council From: Sean Harris, Development Services Manager Date: November 17, 2025 Public Works Department Development Services Division 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Re: Candee Subdivision Phase 2 — Developer request to waive guarantee as a condition to recording plat Summary of Request A request was received on behalf of the Candee Subdivision Phase 2 developer to waive the required guarantee to record the approved Candee Subdivision Phase 2 final 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, intends that plats cannot be recorded and lots sold with remaining required infrastructure construction, and eliminate questions about whose responsibility those improvements are once lots were created and ownership divided. The applicant has an approved final plat, approved construction plans, has completed improvements along Ward Drive and Yellowstone Avenue, and has been issued a building permit for the dealership building located on lot 1 and is now requesting an additional building permit for a building on lot 2. Per city code, a building permit cannot be issued for a second building as it would be an accessory structure not on its own lot and would require a conditional use permit. If the plat were recorded, then it would not be an accessory structure but just a building on its own lot. There are still several improvements common to the development that will need to be 100% complete prior to occupancy with the main ones being; Install interior fire hydrant. This will need to be completed prior to any combustibles on site. 2. Paved access and parking for both lots. 3. Stormwater infrastructure for the development. Not issuing Certificates of Occupancy is one way to ensure the completion of the requirements but that does leave the city with additional measures required if the owner decided not to follow the occupancy requirements. 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 8: Public Works �Engineering �Developmen ts � Candee Subdivision Phase 2 - 2024�Plotting - Land Use�Final�3 Request to waive guarantee prior to recording�Staff Response & Request from Developer to waive guarantee prior to recording_ 11. 17.2025 - DRAFT. d ocx 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: 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 1940�t_\ CHUBBUCK 1AAAA 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us 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 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) 194�0t\ CHUBBUCK 1AAAA 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Attachment 1: Email from Jeremy Manska on 11/17/25 requesting waiver of guarantee in order to record the Candee Subdivision Phase 2 final plat. Attachment #1: From: Jeremy Manska To: Sean Harris; Bridger Morrison; Don Matson; Joey Bowers Cc: Ryan Eborn; Brady Carter Subject: Request to be on Council Agenda Date: Monday, November 17, 2025 2:31:29 PM Joey, Per the email received from Sean Harris: On behalf of Brady Carter we would like to be on the November 19th council agenda to request waiving the ordinance requirements to guarantee improvements prior to recording the final plat for the development of Candee Subdivision Phase 2. Property being located at 5021 Yellowstone Ave (Corner of Yellowstone Ave & Ward Dr). Please let us know if additional information is required. Thank you, Jeremy Manska I General Manager jeremy.manska@gmail.com 1 (208) 317-9876 1655 N 2nd Ave, Pocatello, ID 83201 Web: www.westwindbuildings.com Pole Barns I Pole Barn Kits (DIY) I Commercial I Residential Building Design & Engineering I Barndominiums 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. /944'C-\ CHUBBUCK 1AAAA 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us