A.   Purpose: The purpose of a development agreement is to provide a vehicle for development in areas and for uses where, in the opinion of the council or the commission, approval of a requested rezone by itself does not satisfy the requirements set forth in the zoning ordinance for rezone approval; but, that use of a development agreement will assure compliance with the required rezone findings and conclusions. Development agreements can be used after a determination has been made that the proposed rezone by itself is not appropriate, unless the use of a development agreement could allow development to proceed under stricter restrictions than those imposed generally in the proposed zoning district. 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 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.

   B.   Request For Development: After an application for rezone has been received in the planning department, a request to enter into a development agreement for that parcel may be submitted by the rezone applicant; or, a development agreement may be required by council at council's rezone hearing, or may be required by council upon recommendation from the commission following the commission's rezone hearing.

      1.   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, 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.

      2.   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, with the council requiring an application for a development agreement to be submitted by the applicant, unless the applicant has already done so and a public hearing was held under subsection B1 of this section. The council, shall, upon remand, direct the commission on the specific issue to be addressed by the development agreement. The commission shall then proceed as specified in this section.

      3.   In the event a developer seeks to enter into a development agreement, the developer's application for a development agreement shall be submitted with the rezone application. 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.

   C.   Stay Of Time Limits: In the event of subsection B1 or B2 of this section, all time limits required by this code may be stayed upon affirmative vote of the council or commission.

   D.   Form Of Development Agreement Application: All applications for development agreements shall be in a form as required by the building and zoning administrator. No application shall be accepted by the administrator which does not include the following:

      1.   An affidavit by the owner of the property agreeing to submission of the use and property for a development agreement.

      2.   The specific use(s) or use restrictions of the property upon which the development agreement is sought.

      3.   When deemed appropriate by the administrator, a concept plan, which shall include at a minimum:

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

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

            (2)   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.)

            (3)   North arrow.

            (4)   Scale.

            (5)   Property boundary.

            (6)   Names of applicant, owner(s) (if different than applicant), plan preparer, and project.

            (7)   Size of project.

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

            (9)   Existing and generalized proposed grades for hillside development.

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

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

            (12)   Drainage features.

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

            (14)   Impact upon public health, safety or welfare.

      4.   The time period for which the agreement is requested to be valid, including the time period within 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.

      5.   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 preexisting zone, or in the case of an initial zone at annexation, a zone deemed appropriate by the council.

      6.   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.

      7.   Fee.

      8.   Phasing plan and proposed phasing schedule.

   E.   Process: Upon receipt of an application for development agreement, the administrator and the zoning committee of the city council shall work with the applicant to prepare a development agreement. The development agreement shall include the requirements of subsection D of this section and any other matter which, in the discretion of the administrator would address the concerns for the development which has been proposed by the applicant. 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 as to form prior to being sent to the planing and zoning commission.

   F.   Approval Of 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, and may add conditions, terms, duties or obligations to the development agreement. Development agreements may be approved at the sole discretion of council.

   G.   Recording: Upon approval of a development agreement or any modification thereto by the council and the applicant, within one year from the date of such approval it shall be recorded at the expense of the applicant and prior to the rezone approval. Failure to record the development agreement within the one year time frame shall automatically render approval of the rezone null and void. Proof of recording must be submitted by the applicant prior to the third reading of the rezone ordinance by the Weiser 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, coowners and each other person acquiring an interest in the property. An owner, coowner, 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 chapter shall comply with the terms, conditions, obligations and duties contained in the development agreement or modification.

   H.   Modification Of A Development Agreement: Development agreements may only be modified after public hearing by the city council. Major modifications as determined by the administrator require a hearing and recommendation from the planning and zoning commission prior to council's hearing.

   I.   Termination Of Development Agreements:

      1.   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.

      2.   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.

   J.   Public Hearings: Public hearings required under this chapter shall be conducted and notice shall be provided pursuant to Idaho Code section 67-6509.

   K.   Enforcement Of Development Agreements: 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 chapter. The enforcement options available to the city shall not be considered exclusive. (Ord. 1088, 8-24-1999)