(1) Authority and Purpose: In accordance with the allowances made by state law, a property owner or developer may request, or the city may require, that an application for rezone or zoning map amendment be processed in conjunction with the execution of a development agreement. Through such agreements, a property owner or developer may agree to make written conditional commitments concerning the use or development of a subject parcel in exchange for the change of zoning requested. The purpose of such agreements shall be to allow development that provides benefits for both the property owner or developer and the city by providing a balance between the owner or developer's desire for certainty in the development process and the city's desire for control of the impacts of the project.
(2) Process:
A. Creation and Form. At a minimum, development agreements shall include the following:
1. A legal description of the subject property;
2. A description of the uses permitted or conditionally permitted through special use permit on the land, which may include conceptual site plans, building elevations showing exterior building treatments and designs, signage, landscaping and parking designs, and other pertinent exhibits;
3. Provisions for any reservation or dedication of land;
4. The duration of the agreement; and
5. The commitments or other terms of the agreement.
B. Commitments and Safeguards. The written commitments or conditions exacted shall be specific and shall have a reasonable relation to the zoning change approved. In addition, the following safeguards shall be applied:
1. A development agreement shall only be allowed in connection with annexations or rezones.
2. A development agreement shall be binding on the owner of the parcel, each subsequent owner and each other person acquiring an interest in the parcel, unless otherwise modified, terminated, or expired.
3. A development agreement shall not prevent the city in subsequent actions applicable to the property from applying new rules, regulations or policies that do not conflict with commitments applicable to the property set forth within any duly executed agreement.
4. If a commitment involves ongoing performance and the owner or developer fails to comply with the commitment after completion of construction, said failure may be dealt with by the city according to the violation and penalty provisions of this chapter and for specific performance of the development agreement, including attorney fees and costs associated with the enforcement of the agreement.
5. When a commitment is required to be satisfied prior to completion of construction and it is not so satisfied, construction shall be halted until compliance is established.
6. The negotiation of a development agreement, and its signature by the applicant and the owner, does not commit the council to the adoption of the zoning map amendment; a zoning map amendment subject to a development agreement, in turn, shall not be effective until such time as all parties have signed the development agreement, and a notice of development agreement has been recorded.
7. The establishment of a development agreement and the written commitments contained therein in accordance with the provisions of this section shall be deemed written consent for the city council to change the zoning of the subject property to its prior designation upon failure to comply with the conditions imposed by the agreement.
8. Conditional commitments made under such agreements are in addition to the regulations provided for in the zoning district by ordinance and are established to ensure compatibility of the resulting land use with the surrounding area.
9. A written development agreement may include commitments for one or more of the following purposes:
(A) To prohibit structures, or uses of land or structures, that would adversely affect the surrounding neighborhood or conflict with the comprehensive plan;
(B) To entertain allowing a specific use or uses of the parcel for which the development agreement is sought, including uses in a zone not normally allowed therein;
(C) To conform the zoning map amendment to the comprehensive plan;
(D) To conform development under the zoning map amendment to existing patterns of development in the surrounding neighborhood;
(E) To mitigate the adverse effects of development under the zoning map amendment on the surrounding neighborhood and on public facilities and services; or
(F) To narrow the permitted or specially permitted uses in the zone.
(G) Limit residential density; or prohibit structures, or uses of land or structures, otherwise permitted in a zone;
(H) Require compliance with a site plan and/or design standards for structures and other site features;
(I) Require compliance with a site plan approved by the council either in conjunction with the rezoning or under the procedures for a special use;
(j) Require the construction and installation of improvements, including public improvements; or
(k) Impose time limits for taking subsequent development actions.
C. Recordation. Development agreements shall take effect and shall be recorded by the city in the office of the county recorder upon the adoption of the ordinance establishing the zoning map amendment by the city council.
D. Zoning Map Identification. A zoning action subject to a development agreement shall be identified on the zoning map by the suffix "DA", and the number of the ordinance applying to the development agreement.
E. Development Agreement Expiration. Development agreements shall expire within five (5) years if no development or improvements have begun on the subject parcel(s), unless otherwise negotiated in the agreement, or an request for an extension has been granted.
F. Modification, Enforcement, Extension, and Termination.
1. Modifications. A development agreement may be modified by request of an applicant or the city only after an approving vote of the council after complying with the notice and hearing provisions of this chapter. Modification of and to an executed agreement shall be required by the planning director or his/her designee under the following circumstances:
(a) A change to any of the terms or conditions of the original development agreement is proposed;
(b) A substantial change to any established positioning of any structure over 200 square feet in area is proposed;
(c) A substantial change to any approved parking or landscaping area layout or arrangement is proposed;
(d) A substantial change to any approved set of building elevations or exterior appearance or design is proposed;
(e) A substantial change to any of the approved land uses listed within the development agreement; and/or
(f) A substantial change to any development agreement for signage is proposed.
2. Enforcement. If a commitment involves ongoing performance and the owner or developer fails to comply with the commitment after completion of construction, said failure may be dealt with by the city according to the violation and penalty provisions of this chapter and for specific performance of the development agreement, including attorney fees and costs associated with the enforcement of the agreement.
3. Extensions. The period of time for compliance of commitments may be extended by the city for just cause, and upon application for such by the owner, after complying with the notice and hearing provisions of this chapter. In addition, the five-year expiration period may be extended by the city for just cause, and upon application for such by the owner, after complying with the notice and hearing provisions of this chapter.
4. Termination. A development agreement may be terminated by the city, and the zoning designation upon which the use is based may be reversed upon the following:
(a) Failure of the owner, developer or each subsequent owner or person acquiring an interest in the subject parcel to comply with the commitments in the agreement within two (2) years, and after complying with the notice and hearing provisions of section 67-6509, Idaho Code.
(b) Failure of the owner, developer or each subsequent owner or person acquiring an interest in the subject parcel to begin development or improvements on the subject parcel within five (5) years, and after complying with the notice and hearing provisions of section 67-6509, Idaho Code.
(c) Upon termination of the development agreement, the property may revert to the zone applicable prior to the adoption of the development agreement or application for zone change, or to the least intensive zoning classification (low density residential) as deemed appropriate by the Planning Director. If the zone reverts to the prior zone, 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 special use of the parcel if such use is a specially permitted use within the subsequently applied zone. (Ord. 2729, 5-5-2008; Ord. 2755, 9-22-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 2896, 4-2-2012; Ord. 2911, 9-4-2012; Ord. 2946, 12-16-2013; Ord. 2967, 7-21-2014; Ord. 2982, 2-2-2015; Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3102, 9-5-2017; Ord. 3156, 7-16-2018; Ord. 3176, 11-5-2018; Ord. 3237, 10-7-2019; Ord. 3576, 3-19-2024)