Conditional zoning development agreements ("agreements") are authorized pursuant to Idaho Code section 67-6511A. Conditional zoning development agreements may be used by the city council as a condition of rezoning. Such conditional zoning development agreements allow a specific project with a specific use to be developed on property in an area that is appropriately zoned for proposed uses or conditionally allowed on the subject parcel(s), but which use and its location may necessitate sensitive treatment in relation to its setting. (Ord. 263, 7-12-2005)

An agreement may be initiated with the consent of the applicant for the rezoning of a particular parcel of land or collection of parcels of land through the following methods:

   A.   By application of the property owner(s); or

   B.   By requirement of the city council. (Ord. 263, 7-12-2005)

All time limits required by state law or local municipal ordinance may be stayed, modified, or extended upon affirmative vote of the city council. The council may establish time limits for submittal of an agreement. Failure by the applicant to comply with such time limit shall be deemed just cause for termination of conditional zoning development agreement proceedings and denial of the zone change application. (Ord. 263, 7-12-2005)

An agreement shall be in the form required by the city council. No agreement shall be accepted by the city council which does not include the following:

   A.   Legal name(s), title(s), and address(es) of property owner(s) and/or others with direct vested interest in the conditional zoning development agreement and rezone request.

   B.   A legal description of the property that is the subject of the rezone request, which legal description must be acceptable to the city council.

   C.   An affidavit by the owner(s) of the parcel(s) agreeing to submission of the use and property for an agreement upon the adoption of an ordinance by the city council approving the requested rezone of the subject parcel(s).

   D.   The current use or uses of the property for which the conditional zoning development agreement is sought.

   E.   The proposed specific use or uses of the property for which the conditional zoning development agreement is sought, and an explanation of how the proposed use or uses is/are allowed or conditionally allowed in the zone for which application has been made.

   F.   A project summary report, which shall include the following:

      1.   A narrative description of the proposed density, amenities, improvements, or other uses sought, including, but not limited to, height, setbacks, size, and location of all proposed structures or activities on the property.

      2.   The estimated time of start and completion of all proposed development activities. This may be simplified by devising a timetable that splits development activities into phases.

      3.   Plans for use and reuse of property after proposed project completion.

      4.   A narrative description of physical and environmental effects, constraints, or limitations of the proposed development, including infrastructure demands, and proposals for mitigation of identified physical and environmental effects, constraints, and limitations.

      5.   Economic benefits gained or lost from the proposed development.

      6.   Conceptual site plans, with a reasonable representation of scale showing the approximate location of proposed structure(s), perimeter buffer treatment (as required), street improvements, conceptual drainage strategy, and other proposed usage information. Exhibits on general soil types, topography, slope, vegetation, drainage, and other pertinent land characteristics may also be required.

   G.   Signed letters of application approval, or preapproval, from any applicable federal, state, county, or local agencies involved in the permitting process for the specific use proposed. Letters shall include any written agreements made with agencies to perform specific action(s). If letters of application approval or preapproval are not provided, acknowledgment and consent to comply with all applicable federal, state, county, and local rules, regulations, and standards shall be substituted.

   H.   A statement by the owner of the property that failure to comply with the commitments in the agreement shall be deemed consent to rezone the property to the preexisting zone. Rezoning of the subject parcel(s) will occur at the time of termination of the development agreement and will comply with the notice and hearing provisions of Idaho Code sections 67-6509 and 67-6511 and section 8-4-6 of this title. Costs for such rezone shall be paid by the owner and/or developer.

   I.   Signatures of all owners, developers, or lawfully authorized agents shall be notarized, and, in the case of lawfully authorized agents, properly executed powers of attorney, in a form acceptable to the city attorney, shall be presented to the city council and be made part of the conditional zoning development agreement, specifying the use and development of the real property which is the subject of the rezone request.

   J.   A clause that the commitment shall run with the land and be binding on the heirs, assigns, and successors in interest of the owners and/or developer.

   K.   Any other matter mutually agreeable to the parties. This may include, but is not limited to, performance bonding or other fiscal guarantees. (Ord. 263, 7-12-2005)

The city council may require a conditional zoning development agreement to be executed to allow a rezone in order to ensure implementation of the project as represented by the applicant and to promote the general health, safety, comfort, convenience, and welfare of the citizens of the city. A conditional zoning development agreement shall not allow a use on the property that is not an allowed or conditionally allowed use in the requested rezone.

   A.   A conditional zoning development agreement may be approved by the city council only after the public hearing and notice provisions of Idaho Code sections 67-6509 and 67-6511 and section 8-4-6 of this title are implemented.

   B.   The city council may add conditions, terms, duties, or obligations to the development agreement before its approval. (Ord. 263, 7-12-2005)

Following approval of a conditional zoning development agreement by the city council by resolution, the agreement shall be recorded in the office of the Kootenai County recorder at the expense of the property owner(s). The recorded agreement shall take effect and be in force upon adoption and publication of the companion ordinance rezoning the subject property. The agreement, and all conditions, terms, duties, or obligations included therein, shall run with the land and shall be considered continuing obligations of the owner(s) or subsequent owner(s) and each other person(s) acquiring an interest in the property. (Ord. 263, 7-12-2005)

An owner, subsequent owner, and each other person acquiring an interest in property that is restricted by an agreement adopted pursuant to the provisions of this chapter shall comply with the terms, conditions, obligations, and duties contained in the agreement. (Ord. 263, 7-12-2005)

No substantial modification of a written commitment may be made without approval of the city council, unless the modification is required by changes in federal or state rules, regulations, and laws.

   A.   An agreement may be modified without the notice and hearing procedures of Idaho Code sections 67-6509 and 67-6511 and section 8-4-6 of this title, only upon written findings by the council that the proposed modification is not a substantial change to the terms and conditions of the agreement.

   B.   The city council may approve a substantial modification of an agreement concerning use or development of the rezoned parcel of real property only upon adhering to the following:

      1.   Conducting a duly noticed public hearing pursuant to Idaho Code sections 67-6509 and 67-6511 and section 8-4-6 of this title; and

      2.   Finding, in writing, that circumstances surrounding the original written commitment have changed and that the modification will:

         a.   Preserve the enjoyment of a substantial property right of the owner;

         b.   Not be detrimental to the public welfare; and

         c.   Not be injurious to other property in the surrounding neighborhood. (Ord. 263, 7-12-2005)

   A.   A conditional zoning development agreement may be terminated by the city council, without the consent of the breaching party, for failure to comply with the commitments expressed in the agreement. Such termination shall take place after a public hearing on the termination, at which time testimony shall be taken to establish noncompliance with the conditions, terms, obligations, or duties contained within the agreement. The public hearing shall follow the notice and hearing provisions of Idaho Code sections 67-6509 and 67-6511 and section 8-4-6 of this title. A conditional zoning development agreement may contain termination procedures, including, but not limited to, notifying the persons bound by the agreement of the alleged violation and establishing a reasonable time to remedy the violation prior to the initiation of termination proceedings.

   B.   Upon termination of the agreement, the property shall revert to the zone applicable prior to the adoption of the agreement and its companion rezoning ordinance (pursuant to a new council resolution terminating the agreement and a companion ordinance rezoning the property back to its earlier designation due to the breach of the agreement). All uses of the property which are not consistent with the subsequently applied zone, following termination of the agreement, shall cease. The owner of the property may apply for a conditional use of the parcel, if such use is a conditional use within the subsequently applied zone. Any conditional zoning development agreement shall stipulate that costs incurred to rezone the property upon termination of the agreement be paid by the owner(s) of the property. (Ord. 263, 7-12-2005)

Development agreements may be enforced by the city council through any means deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, or damages for violation of this title. The foregoing enforcement options available to the city shall not be deemed exclusive. (Ord. 263, 7-12-2005)