The purpose of a development agreement is to provide a vehicle for development or uses in areas where, in the opinion of the Council, the use of a development agreement will assure compliance with the required rezone findings and conclusions. Development agreements can be used when a determination is made that a proposed rezone by itself is not sufficient to ensure compliance and the use of a development agreement would allow a development to proceed under stricter regulations than those imposed generally in the proposed zoning district. Nothing in this Section shall be construed as relieving the property which is subject to development agreement restrictions from further compliance with all other permit and code requirements applicable because of the zoning designation of the property. Restrictions imposed upon property as a result of a development agreement are in addition to all other zoning ordinance requirements. (Ord. 235, 3-3-1997)

Simultaneously with or after an application for rezone has been received by the Administrator, a request to enter into a development agreement for an affected parcel may be submitted by the rezone applicant. In the absence of a request by a rezone applicant, a development agreement may be required by the Council at the Council's rezone hearing, or may be required by Council upon recommendation from the Commission following the Commission's rezone hearing. (Ord. 235, 3-3-1997)

In the event of a recommendation by the Commission that a development agreement should be entered into, the rezone shall be forwarded to the City Council with a recommendation that the requested rezone be denied or that it be remanded to the Commission, with the Council requiring an application for a development agreement to be submitted by the applicant. If, however, the applicant agrees to submit an application for a development agreement prior to the conclusion of the Commission's rezone hearing, then the Commission shall defer its recommendation to the City Council on the rezone application until a public hearing is held on the development agreement application. After the public hearing on the development agreement application is held, the Commission shall forward its recommendation on both the rezone and development agreement requests to the City Council. (Ord. 235, 3-3-1997)

In the event no development agreement has been submitted to the Council at the time of its rezone hearing, in the event a determination is made by the Council that a development agreement should be entered into, the Council shall remand the matter back to the Commission, with the Council requiring an application for a development agreement to be submitted by the applicant. The Council shall, upon remand direct the Commission on the specific issues to be addressed by the development agreement. The Commission shall then proceed as specified in this Chapter. (Ord. 235, 3-3-1997)

In the event a developer submits an application for a development agreement in accordance with Section 11-22-2 or 11-22-3 of this Chapter, the developer's application for a development agreement shall be taken to the Commission at the time of the scheduled rezone hearing. The Commission shall, following consideration of the rezone and development agreement applications, forward its recommendation to the City Council regarding each of the applicant's requests. (Ord. 235, 3-3-1997)

In the event a request for a development agreement is filed pursuant to section 11-22-2 or 11-22-3 of this chapter, all time limits required by this Code may be stayed upon affirmative vote of the Council or commission. (Ord. 235, 3-3-1997)

All applications for development agreements shall be in a form as required by the City Clerk or the Zoning Administrator. No application shall be accepted by the Clerk which does not include the following:

   (A)   An affidavit or a sworn statement by the owner of the property agreeing that the use of the property shall be subject to the uses set out in the proposed development agreement or as the agreement may be later modified.

   (B)   The specific use or uses of the property upon which the development agreement is sought.

   (C)   The concept plan, which shall include at a minimum:

      1.   Three (3) site plans and one (1) eight and one-half inch by eleven inch (81/2" x 11") reduction showing:

         (a)   Existing structures which will remain, labeled as to existing and proposed uses.

         (b)   Building footprint, height, number of stories, proposed uses (office, retail, restaurant, etc.), and square footage of proposed structures. If residential, overall density and number of dwelling units per building. (If single-family residential, information on proposed structures is not necessary.)

         (c)   North arrow.

         (d)   Scale.

         (e)   Property boundary.

         (f)   Name(s) of applicant, owner(s) (if different than applicant); plan preparers and project.

         (g)   Size of project.

         (h)   Existing vegetation, labeled as to remain or be removed.

         (i)   Existing and generalized proposed grades for hillside developments.

         (j)   Parking areas with total number of parking spaces shown.

         (k)   Locations and widths of right-of-way, easements, canals, ditches and property lines.

         (l)   Drainage features.

         (m)   Conceptual landscape plan (landscape areas, sizes and heights).

   (D)   The time period for which the agreement is requested to be valid, including the time period with which the development or use must commence and the time period within which the development and the terms of the agreement are to be completed.

   (E)   A statement that failure to comply with all commitments in the approved development agreement shall be deemed a consent to rezone the property to the pre-existing zone, or in the case of an initial zone at annexation, a zone deemed appropriate by the Council.

   (F)   If the development agreement is being requested by the rezone applicant, as opposed to having been required by Council, a statement must be included that all time limits required by this Code are waived. (Ord. 235, 3-3-1997)

   (G)   A fee as set by resolution of the City Council shall accompany the application to defray the costs of the notice and publication requirements of the public hearings. (Ord. 375, 6-18-2018)

   (A)   Process: Upon receipt of an application for development agreement, the City Clerk or the Zoning Administrator shall work with the applicant to prepare a development agreement. The development agreement shall include the requirements as set out in subsection 11-22-7(C) of this chapter and any other information which, in the discretion of the City Clerk or the Zoning Administrator, would address the concerns for the development. Such concerns addressed may include, but shall not be limited to, density, bulk, site design, mitigation of impacts on the surrounding neighborhood, appearance, provision of utilities or public facilities and restrictions on use. The draft of the development agreement shall be reviewed by the City Attorney and City Engineer as to form prior to being sent to the Planning and Zoning Commission.

   (B)   Approval Of A Development Agreement:

      1.   The Planning and Zoning Commission shall hold a public hearing on the draft development agreement and the rezone request, and make recommendation to the Council. The Commission may recommend approval or denial and may recommend the addition of conditions, terms, duties or obligations to the development agreement.

      2.   The Council shall hold a public hearing on the draft agreement and the rezone request, and shall review the recommendation from the Planning and Zoning Commission. The Council may approve, deny, or may add conditions, terms, duties or obligations to the development agreement. Approval or denial of development agreements shall be at the sole discretion of the Council.

      3.   Upon approval of a development agreement or any modification submitted by the Council or the applicant, said approval shall be recorded at the expense of the applicant and prior to the rezone approval. Proof of recording must be submitted by the applicant prior to the passage of the rezone ordinance by the City Council. The development agreement, or any modification thereto, and all conditions, terms, duties or obligations included therein, shall run with the land and shall be considered continuing obligations of the owner, co- owners, subsequent owners and each other person acquiring an interest in the property. An owner, co-owner, each subsequent owner or other person acquiring an interest in the property which is restricted by a development agreement or modification adopted pursuant to this Section, shall comply with the terms, conditions, obligations and duties contained in the development agreement or modification. (Ord. 235, 3-3-1997)

Development agreements may only be modified after public hearing by the City Council. Major modifications as determined by the Zoning Administrator require a hearing and recommendation from the Planning and Zoning Commission prior to Council's hearing. (Ord. 235, 3-3-1997)

   (A)   Development agreements may be amended or terminated by the City Council, after public hearing, for failure to comply with the commitments expressed in the development agreement.

   (B)   Upon termination of the development agreement, the Council shall revert the property to the prior zone, or in the case of an initial zone at annexation, to a zone deemed appropriate by the Council. All uses of the property which are not consistent with the subsequently designated zone following termination of the development agreement shall cease. The owner of the property shall apply for a conditional use for the property if the use is conditionally allowed within the subsequently designated zone. (Ord. 235, 3-3-1997)

Public hearings required under this Section shall be conducted and notice shall be provided as is described in this Code, provided, however, that under no circumstances shall the notice and hearing requirements be less than what is required by section 67-6509, Idaho Code. (Ord. 235, 3-3-1997)

Development agreements may be enforced by the City through any means deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, damages or criminal penalty for violation of this Section. The enforcement options available to the City shall not be considered exclusive. (Ord. 235, 3-3-1997)