The purpose of this Part of this chapter is to codify a process for the creation of Development Agreements as permitted by I.C. § 67-6511A in order to further the orderly Development of the City.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

A development agreement may be required at the time of (and as a condition of) annexation or rezone of a particular parcel of land or collection of parcels of land through the following methods:

1.

On application by the property owner.

2.

On recommendation of the Director.

3.

On recommendation of the Commission.

4.

Required by the Council.

B.

In the event of a determination by the Commission that a development agreement should be entered into, the Commission shall retain jurisdiction of the matter, defer consideration of the rezone requested and set a time limit for submittal of the development agreement. The Commission shall then proceed as specified in this section.

C.

In the event of a determination by the Council that a development agreement should be entered into, the Council shall remand the matter back to the Commission for submittal of the development agreement. The Council may direct the Commission on remand of the matter to the Commission. The Commission shall then proceed as specified in this section.

D.

In the event of either of the above, all time limits required by this code may be stayed upon affirmative vote of the Commission or Council.

(Ord. No. 2024-06, § 2, 4-16-2024)

A development agreement shall be in the form required by the Director. No agreement shall be accepted by the Director which does not include the following:

A.

An affidavit by the owner (if the owner is someone other than the applicant) of the parcel agreeing to submit the parcel to a development agreement.

B.

The specific use or uses of the parcel for which the development agreement is sought.

C.

A concept plan of the project to be developed on the parcel. The concept plan shall include:

1.

A description of the density allowed or sought.

2.

Maximum height, size, and location of any structures on the property.

D.

The time required to begin the use on the property.

E.

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 parcel(s) to zoning designation that existed before the adopted of the development agreement, or, in the case of an initial zone at annexation, a zone deemed appropriate by the Council.

F.

Any other matter mutually agreeable to the parties.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

The Council may require a development agreement be executed as a condition of annexation or rezoning if, in the opinion of the Council, 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 use in the requested zone.

B.

Development agreements may be approved by the Council only after conducting a public hearing before the Commission or Council. The public hearing shall follow the notice and hearing provisions of I.C. § 67-6509.

C.

The Council may add conditions, terms, duties or obligations to the development agreement following the recommendation of the Commission if agreed to by the applicant. However, if such changes constitute a material change, then a public hearing must be held by the Council before such material changes may be made.

(Ord. No. 2024-06, § 2, 4-16-2024)

Following approval of a development agreement by the Council, the development agreement shall be recorded in the office of the county recorder at the expense of the applicant. 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.

(Ord. No. 2024-06, § 2, 4-16-2024)

An owner, subsequent owner, and each other person acquiring an interest in property that is restricted by a development agreement adopted pursuant to this chapter, shall comply with the terms, conditions, obligations and duties contained in the development agreement.

(Ord. No. 2024-06, § 2, 4-16-2024)

A recorded development agreement may be modified by the Council only after complying with the notice and public hearing provisions of section 67-6509 of the Idaho Code.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

A development agreement may be terminated by the 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 section 67-6509 of the Idaho Code.

B.

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.

(Ord. No. 2024-06, § 2, 4-16-2024)

Development agreements may be enforced by the city through specific enforcement, injunctive relief, damages or criminal penalty for violation of this chapter. The foregoing enforcement options available to the city shall not be deemed exclusive.

(Ord. No. 2024-06, § 2, 4-16-2024)