A. Purpose: The purpose of a development agreement is to provide a means to allow the council to place conditions and/or restrictions on a rezone or other development to mitigate the impact of the rezone or development and to provide a means for delineating the commitments, obligations, and responsibilities of the parties (government agencies, developers, individuals, etc.) involved.
B. Applicability: As a condition of rezoning or development, at any time during any stage of the development permitting process, a development agreement may be requested by the council, recommended by the commission, if appointed, or it may be requested by the developer.
C. Agreement Proposal: In the event a development agreement is submitted or in the event a development agreement is deemed appropriate by the commission, if appointed, during or after a public hearing, the reasons for proposing the use of a development agreement or a proposed development agreement shall be forwarded to the council with the commissioner's findings and recommendation.
D. Recommendation: In the event the council makes a finding that a development agreement would be in the best interest of the city, but where no development agreement was recommended by the commission and presented to the council, the council shall remand the matter back to the commission with instructions that a development agreement be prepared, that it contain such terms as are in the best interest of the city and the developer, that it be made a part of the public hearing process and that it be included in the commission's recommendations.
E. Content: A request for a development agreement shall be in addition to an application for rezone and shall contain the following:
1. An affidavit by the property owner, if the owner is not the same as the applicant, agreeing that the property subject to the rezone may be subject to a binding development agreement.
2. The specific use or uses of the property affected by the development agreement.
3. The concept plan, which shall include, but not be limited to, three (3) at least eighteen inch by twenty four inch (18" x 24") site plans and one eight and one-half inch by eleven inch (81/2" x 11") drawing showing:
a. Existing structure(s) that will remain, labeled as to existing and proposed uses.
b. Building footprint(s), height, number of stories, proposed uses (office, retail, restaurant), and square footage of proposed structures. If residential, overall density and number of dwelling units per building.
c. North arrow.
d. Scale.
e. Property boundaries.
f. Names of applicant, owners if different than applicant, preparer and project.
g. Size of project.
h. Existing vegetation.
i. Existing and proposed grades for hillside developments.
j. Parking areas with total number of parking spaces.
k. Locations and widths of right of way, easements, canals, ditches and property lines.
l. Drainage features.
m. Conceptual landscape plan.
n. Interior streets and access streets.
4. The time period for which the agreement is to be valid.
5. A statement that failure to comply with all of the commitments in the approved development agreement shall be deemed a consent to rezone the property to its preexisting state or to the preexisting zone.
6. If the development agreement is being requested by the applicant, as opposed to having been required by the council or by the commission, a statement must be included wherein the applicant agrees that all time limits set forth by the code are waived.
7. Any proposed phasing schedule.
F. Process:
1. Whenever a development agreement is requested or proposed, the zoning administrator shall work with the applicant to prepare the agreement. In addition to the information required in subsections E3a through E3n of this section, any additional uses may be addressed. Those issues may include, but are not limited to, density, site design, mitigation of impact on surrounding neighborhoods, appearance, provision of utilities, public services or public facilities, and any use restrictions.
2. The commission shall hold a public hearing to consider the proposed development agreement simultaneously with its hearing to consider the requested rezone or other development request. After its hearing, the commission shall make a recommendation to the council and in its recommendation it may recommend approval or denial of the development agreement or it may recommend additional terms, conditions, duties or obligations which should be covered by the agreement.
3. After the council receives the recommendation from the commission, the council shall hold a public hearing on the proposed development agreement. After conducting its public hearing and considering the recommendation of the commission, the council shall approve, deny or modify the agreement as the board, in its discretion, deems necessary. After approval by the council, a development agreement may be modified only by the permission of the council and after complying with the notice requirements as set forth in Idaho Code section 67-6509.
G. Record: Development agreements shall be recorded in the office of the county recorder and shall take effect upon adoption of the amendment of the zoning ordinance or approval of a subdivision or other development.
H. Agreement Binding: Development agreements shall be binding upon the owner or developer and the council as set out in Idaho Code section 67-6511A.
I. Termination; Reversal: A development agreement may be terminated and the zoning designation upon which the use is based reversed, upon the failure of the owner or developer or any successor or assignee thereof to fulfill any of the requirements of the development agreement within a reasonable time, within the time set in the agreement or upon the failure of the owner or developer or their successors or assigns, to act in the manner agreed upon, and after complying with the notice and hearing requirements as set forth in Idaho Code section 67-6509.
J. Subsequent Owners: Each subsequent owner, any successor or assignee, or any person who shall thereafter acquire an interest in the property, shall take that interest subject to the terms and conditions which are set out in the development agreement and they shall conform to and abide by the terms and conditions of that agreement.
K. Council Obligation: By permitting or requesting a development agreement, the council does not obligate itself to adopt any proposed zoning ordinance or approve any development. The council is obligated once they have signed the agreement.
L. Written Consent: A written development agreement shall be deemed written consent to rezone the affected property and the commitment of the owner or developer or any successor or assignee to comply with the conditions imposed by the development agreement.
M. Violation; Enforcement: Development agreements may be enforced by any person through any means permitted by law. That relief shall include, but not necessarily be limited to, specific performance, injunctive relief, or through the criminal process for violation of any provision of this title or title 11 of this code and provided for in Idaho state code section 67-6527.
N. Developer As Applicant: A developer shall be considered the applicant in any development agreement. In the event that a developer consists of more than one person or entity, all persons who will be engaged in the development shall be bound by the agreement.
O. Other Agreements, Terms And Conditions: In addition to a development agreement as set forth above, the council may enter into agreements that require certain terms and conditions to be complied with as a condition of subdivision approval. One of the terms of any agreement may be that in the event a developer does not comply with the agreement, subdivision approval may be withdrawn. (Ord. 499, 4-16-2009)