The city zoning plan regulates the use of land and structures by assigning uses to one or more districts. Idaho Code § 67-6511A permits a procedure for accommodating specific land uses in the city while continuing to provide for the protection of the public health, safety and welfare. This chapter is intended to provide reasonable standards and procedures in order to:

A.

Implement the goals and policies of the Gem Community Comprehensive Plan;

B.

Preserve and protect the character of the city;

C.

Assure the public health, safety and welfare of present and future citizens of the city;

D.

Protect and enhance the natural resources of the city and integrate new development harmoniously into the city's natural environment;

E.

Protect property rights by balancing the rights of abutting and neighboring landowners to enjoy their property without undue disturbance from abutting or neighboring uses;

F.

Provide for specific land uses in neighborhoods that are determined compatible but prohibited by current zoning;

G.

Improve circulation and reduce traffic congestion and hazards on existing and proposed roadways.

(Ord. No. O2005-17, 8-9-2005)

A "development agreement" is a written commitment, as contemplated under Idaho Code § 67-6511A, which, as a condition of rezoning or annexation, specifies the use(s) or use restrictions different from the requirements of a particular zone district, and which may be submitted by an applicant for a zone change or annexation, required by the city council upon recommendation from the planning and zoning commission following the commission's rezone or annexation hearing, or required by the council at the council's rezone or annexation hearing.

A.

By permitting or requiring commitments pursuant to this chapter, the city does not obligate itself to approve a proposed zone change or annexation that is requested concurrent with a proposed development agreement.

B.

Nothing in this chapter shall be construed as relieving the property which is subject to development agreement restrictions from further compliance with all other permit and code requirements of the city.

C.

A development agreement shall only be modified after public hearing by the city council. Major modifications as determined by the planning administrator shall require a hearing and recommendation by the planning and zoning commission prior to hearing by the council.

D.

A development agreement may be terminated by the city council, after public hearing, for failure to comply with any of the commitments expressed in the agreement. Upon termination of the agreement the council shall rezone the property to its prior zoning designation. In the case of an initial zoning designation established at the time of annexation, termination of the agreement shall result in a city zoning designation deemed appropriate by the council and set forth in the terms of the development agreement.

(Ord. No. O2005-17, 8-9-2005)

A.

Use. Use of development agreements in the annexation or rezoning process may be utilized in any zoning district, regardless of lot size, subject to the standards provided for in this chapter.

B.

Subsequent actions. A development agreement shall not prevent the city in subsequent actions applicable to the property, from applying new standards, regulations or policies that do not conflict with the written commitments within the development agreement.

C.

Encumbrance. The owner, lessee, or owners of a valid interest in the property and all subsequent property owners of the property encumbered by the development agreement shall comply with all conditions, terms, obligations and duties contained in the development agreement. Failure to comply shall result in termination of the agreement specified in section 9-18-9 of this chapter.

(Ord. No. O2005-17, 8-9-2005)

A.

Request for a development agreement. At any time during the processing of an annexation or a rezone application, a request to enter into a development agreement for the subject property may be submitted by the applicant, or may be recommended by the planning and zoning commission at the commission's public hearing, or may be required by the city council at the council's public hearing.

1.

In the event an applicant seeks to enter into a development agreement, the development agreement shall be taken to the planning and zoning commission at the time of the scheduled rezone or annexation hearing. The commission shall forward its recommendation to the city council regarding each of the applicant's requests.

2.

If an application does not include a development agreement and the commission concludes that the application should not be approved without a development agreement, the commission may recommend that the application be denied or the commission may recommend that the council remand the application to the commission for a public hearing on a development agreement. The public hearing will be held in accordance with section 9-18-5 of this chapter. The council shall, upon remand, direct the commission on specific issues to be addressed in the development agreement. If, however, the applicant agrees to submit an application for a development agreement, then the commission shall defer its recommendation to the council until a public hearing on the development agreement is held.

3.

In the event of a determination by the city council that a development agreement should be entered into, then the council shall remand the matter back to the commission for a public hearing as specified in section 9-18-5 of this chapter. The council shall, upon remand, direct the commission on specific issues to be addressed in the development agreement.

B.

Filing requirements. A request for a development agreement must be determined to be complete by the city prior to processing. The city shall determine a development agreement request complete when the information described herein is included with a complete zone change or annexation application. Such information shall include, but not be limited to, the following:

1.

A conceptual master plan, at an adequate scale, that addresses:

a.

Vehicular and pedestrian circulation, to include adjacent and proposed paths and roadways, as well as parking and snow removal.

b.

Existing and proposed buildings and uses, including open space and common areas.

c.

Conceptual grading and landscaping.

d.

Schematic building plans.

e.

Proposed design criteria (height, setbacks, density, etc.).

f.

Utility capacity, connections, and layout.

g.

Other items as requested by the planning and zoning administrator, the planning and zoning commission, or the city council.

2.

A draft development agreement which shall be reviewed by the city attorney, and shall contain, at a minimum, the following:

a.

List of uses to be allowed;

b.

Identification of development standards required under the agreement;

c.

Identification of locations for permitted uses on a proposed conceptual plan;

d.

Planned implementation of improvements with a construction and completion schedule;

e.

Provision that the standards, processes and information contained in this title and title 10 of this Code shall apply to the development of the property in the development agreement;

f.

Required consensual lien and/or surety for project completion if abandoned or otherwise uncompleted;

g.

A provision that the property owners/developer consents that failure to comply with the terms of the agreement, including the construction schedule of improvements, shall result in a reversion of the zoning of the real property to the zoning designation existing immediately prior to the agreement; or, in the case of an initial zone at annexation, the zoning of the real property shall be changed to a zoning designation deemed appropriate by the city council;

h.

A provision specifying that the agreement and all conditions, terms, and duties and obligations included in said agreement shall be an encumbrance on the real property;

i.

Any other matter required by the city council or city attorney as deemed appropriate.

(Ord. No. O2005-17, 8-9-2005)

The commission shall review and make recommendation to the city council regarding the development agreement as part of the public hearing process for an annexation or rezone request. The commission shall conduct at least one public hearing, with at least 15 days' notice of the time and place of such hearing in which interested persons shall have the opportunity to be heard. The public hearing shall, at a minimum, be conducted and noticed as required by Idaho Code § 67-6509.

(Ord. No. O2005-17, 8-9-2005)

The development agreement shall be attached to the ordinance establishing the zoning map amendment. The agreement shall take effect and shall be recorded in the office of the Gem County Recorder within ten days of adoption of the ordinance establishing the zoning map amendment by the city council. The ordinance number shall be clearly referenced on the official zoning map for the city.

(Ord. No. O2005-17, 8-9-2005)

A.

Applicability. The standards identified in this section shall apply to all annexations and rezones involving development agreements, unless otherwise specified.

B.

Comprehensive plan compliance. Compliance with the goals and policies of the city's comprehensive plan must be demonstrated in a written narrative.

C.

Neighborhood:

1.

There shall be compatible transition in scale, building form, and proportion between the proposed structure/use and existing structures and landscape.

2.

All development within the project area must comply with the standards and criteria established in this title and title 10 of this Code. Conceptual approval is required prior to the approval of a development agreement and the zone change or annexation.

3.

Alteration to the existing grade shall be in compliance with the city's zoning and subdivision ordinances.

4.

The proposed use(s) and development of the subject property shall be appropriate for the location, the lot and the neighborhood.

5.

The proposed use(s) and development shall not adversely affect the character, public health, safety, and/or general welfare of the neighborhood or the community.

D.

Infrastructure:

1.

The proposed use(s) and development of the subject property shall not cause undue traffic congestion, nor dangerous traffic conditions.

2.

The proposed use(s) and development of the subject property shall not adversely impact other infrastructure such as, but not limited to, public utilities and communication systems, water, wastewater, and drainage systems, as well as snow storage and snow removal.

(Ord. No. O2005-17, 8-9-2005)

Development agreements may be enforced by the city through any means deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, monetary damages, criminal penalties and/or termination of the development agreement. Such enforcement options shall not be considered exclusive, but may be combined as deemed appropriate by the city.

(Ord. No. O2005-17, 8-9-2005)

A.

Modification of agreements. Development agreements may only be modified through the public hearing process identified in section 9-18-5 of this chapter.

B.

Termination of agreements. Development agreements may be terminated or amended by the city council, after public hearing pursuant to section 9-18-5 of this chapter, for failure to comply with the commitments expressed in the development agreement.

1.

Upon termination of a development agreement pursuant to this chapter, the city council shall reverse the property to the prior zoning designation or in the case of initial zone at annexation, to a zoning designation deemed appropriate by the city council.

2.

All uses that are not compatible with the subsequent zoning designation following termination of the development agreement shall cease. The owner of the property shall apply for a conditional use permit for the property, if the use(s) is conditionally allowed within the subsequent zoning district.

C.

Notice. In the event the city believes that grounds exist for revocation of the development agreement, the property owner shall be given written notice, by certified mail, of the apparent violation or noncompliance, providing a statement of the nature and general facts of the violation or noncompliance and providing the property owner 15 calendar days to furnish evidence:

1.

That corrective action has remedied the violation or noncompliance;

2.

That rebuts the alleged violation or noncompliance; and/or

3.

That a request to amend the development agreement has been submitted.

(Ord. No. O2005-17, 8-9-2005)

In the event that a property owner fails to provide evidence reasonably satisfactory to the city as provided in section 9-18-9.C of this chapter, the city shall refer the apparent violation or noncompliance to the council for a public hearing pursuant to section 9-18-5 of this chapter.

A.

The city council shall provide the property owner notice and reasonable opportunity to be heard concerning the matter and a public hearing shall be conducted.

B.

Within ten calendar days of the completion of the hearing, the city council shall issue a written decision terminating the development agreement or remanding it back to the commission for the amendment process pursuant to the public hearing process specified within section 9-18-5 of this chapter.

(Ord. No. O2005-17, 8-9-2005)