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
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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
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CHUBBUCK
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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)
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CHUBBUCK
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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
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CHUBBUCK
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290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us