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A development agreement is a written commitment, as contemplated under Idaho Code section 67-6511A, which, as a condition of rezoning, including rezoning upon annexation, specifies the use requirements and use restrictions different from the requirements of a particular zone district, and which may be submitted by an applicant for a zone change or required by the city council as a condition of a zoning classification change.
A. No Obligation To Approve: By permitting or requiring commitments pursuant to this chapter, the city does not obligate itself to approve a proposed zone change or annexation that is requested concurrent with a proposed development agreement.
B. No Relief From Further Compliance: 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 ordinance requirements of the city.
C. Hearing Required For Modification: A development agreement shall only be modified after public hearing by the city council.
D. Termination Of Agreement: A development agreement may be terminated by the city council, after public hearing, for failure to comply with any of the commitments expressed in the agreement. Upon termination of the agreement, the council shall rezone the property to its prior zoning designation. In the case of an initial zoning designation established at the time of annexation, termination of the agreement shall result in a city zoning designation deemed appropriate by the council.
E. Public Hearings: All public hearings to consider modifying or terminating a development agreement shall comply with the notice and hearing provisions of Idaho Code section 67-6509. (Ord. 224, 8-13-2008)