Donnelly City Zoning Code
CHAPTER 18
60 DEVELOPMENT AGREEMENTS
§ 18.60.010 Development agreements.
A.
Purpose. Development agreements are a discretionary tool to be used by the council as a condition of rezoning. Development agreements allow a specific project with a specific use to be developed on property in an area that may not be appropriate for all uses allowed or conditional in the requested zone.
B.
Initiation of Development Agreement.
2.
In the event of a determination by the council that a development agreement should be entered into, the council shall retain jurisdiction of the matter, defer consideration of the rezone applied for and set a time limit for submittal of the development agreement. The council shall then proceed as specified in this section.
3.
In the event of either of the above, all time limits required by this code may be stayed upon affirmative vote of the council.
C.
Form of Development Agreement. A development agreement shall be in the form required by the Administrator. No agreement shall be accepted by the Administrator which does not include the following:
1.
An affidavit by the owner of the property agreeing to submit the property to a development agreement.
2.
The specific use or uses of the property for which the development agreement is sought.
3.
The allowed or conditional use in the conditional zone for which application has been made.
4.
A concept plan of the project to be developed on the parcel.
5.
The time required to begin the use of the property.
6.
A statement by the owner of the parcel that failure to comply with the commitments in the development agreement shall be deemed consent to rezone the use to the preexisting zone or, in the case of an initial zone at annexation, a zone deemed appropriate by the council.
7.
Any other matter mutually agreeable to the parties.
D.
Approval of the Development Agreement.
1.
The council may require a development agreement be executed to allow a rezone if, in the opinion of the council, approval of the requested rezone does not satisfy the requirements set forth in the zoning ordinance for rezone approval, but the particular project or use contemplated has a value to the community that would justify the use of a development agreement. A development agreement may not allow a use on the parcel that is not an allowed or conditional use in the requested rezone.
2.
Development agreements may be recommended and approved by the council only after a public hearing. The public hearing shall follow the notice provisions of this title.
3.
The council may add conditions, terms, duties or obligations to the development agreement.
E.
Recordation of Development Agreement. Following approval of a development agreement by the city council, the development agreement shall be recorded in the office of the county recorder at the expense of the property owner. The development agreement, and all conditions, terms, duties or obligations included therein, shall run with the land and shall be considered continuing obligations of the owner or subsequent owner and each other person acquiring an interest in the property.
F.
Duty to Comply With Development Agreement. An owner, subsequent owner, and each other person acquiring an interest in property that is restricted by a development agreement adopted pursuant to this section, shall comply with the terms, conditions, obligations and duties contained in the development agreement.
G.
Modification of Development Agreement. A development agreement may be modified by the city council only after complying with the notice and public hearing provisions of Idaho Code Section 67-6509.
H.
Termination of Development Agreement.
1.
A development agreement may be terminated by the city council for failure to comply with the commitments expressed in the development 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 development agreement. The public hearing shall follow the notice and hearing provisions of Idaho Code Section 67-6509.
2.
Upon termination of the development agreement, the property shall revert to the zone applicable prior to the adoption of the development agreement or application for rezoning designation change. All uses of the property which are not consistent with the subsequently applied zone following termination of the development agreement shall cease. The owner of the parcel may apply for a conditional use of the parcel if such use is a conditional use within the subsequently applied zone.
I.
Enforcement of Development Agreements. Development agreements may be enforced by the city through specific enforcement, injunctive relief, damages or criminal penalty for violation of this section. The foregoing enforcement options available to the city shall not be deemed exclusive.
J.
Execution of Development Agreement. The property owner shall have one year from the date of approval by the city council for the mayor to execute the development agreement. If not executed by the property owner within this time frame the development agreement approval will be considered void unless an extension of time is approved by the city council.