A. Purpose: It is the purpose of this chapter to provide a procedure by which the rezoning of certain property may be conditioned upon the developer or owner of the property making certain written commitments concerning the use, development or annexation of a property. The use of the written commitments provided for in this chapter might allow a specific project, utility connection or use of real property in an area which may not be appropriate for all uses allowed in that particular zone. The written commitments concerning the development or use of the property will offset identified problems to the extent that the proposed rezoning may then be acceptable. The use of the procedures provided in this chapter is discretionary with the city and in agreement with the comprehensive plan.
B. Criteria For Written Commitments: The development agreement and the written commitments provided for in this chapter shall be accepted as conditions attached to the rezoning of the property if they meet the following criteria: 1) the rezoning itself must give rise to the need for the condition; 2) such conditions shall have a reasonable relation to the rezoning; 3) all such conditions shall be in conformity with the comprehensive plan; 4) such conditions shall be capable of being readily and effectively enforced by the city at the time of development of the property and thereafter; 5) such conditions shall be deemed necessary and sufficient to offset identified problems caused by the rezoning in a manner not available by traditional methods.
C. Application: Any person submitting a written request or application to the city for the rezoning of a parcel of property may, at his or her option, submit with the application a proposed development agreement for the property, including a list of commitments concerning the development and use of the property. The commission or the city council, in considering a request to rezone property, may suggest to the owner or developer of the property that the application or request to rezone the property should be accompanied by a development agreement with commitments for the development of the property. The proposed development agreement and the commitments shall be considered a part of the application to rezone the property and a summary of the proposed agreement and commitments shall be included in any notices required for consideration of the rezoning application, either before the commission or the city council.
D. Development Agreements And Commitments: Development agreements and commitments shall be signed by all of the owners of the property, recorded at the county recorder's office and shall run with the land. If the proposed developer of the property is a contract purchaser, such purchaser shall also be made a party to the agreement and shall sign the same. The development agreement shall include the following:
1. The specific proposed land use for the property.
2. The development plan for the property, including the location of all structures, parking lots, landscaping, utilities and all other improvements.
3. The proposed use of all structures.
4. The date construction will commence, and, if construction is proposed in phases, the date construction will commence for each phase.
5. The date construction will be completed, and, if construction is proposed in phases, the date each phase shall be completed and the respective uses commenced.
6. A commitment for future annexation, hookup to city services, placement of sidewalk, curb and gutter or street.
7. Commitments concerning the future use of the property which will be binding on all future owners.
8. Any other matter required by the city that is agreed to by the owner or developer of the property.
9. A provision that, upon the failure of the owner, each subsequent owner or any other person acquiring an interest in the parcel to comply with the conditions and commitments in the development agreement, the agreement may be terminated and the zoning designation upon which the use is based reversed or, if applicable, the city may contract for the work and bill the property owner or place the amount on the tax rolls for collection. A written commitment shall be deemed written consent to rezone the property upon the failure of conditions imposed by the commitment in accordance with provisions of this chapter.
Development agreements and commitments shall be properly executed and acknowledged and shall be recorded in the office of the county recorder of Elmore County, Idaho, and shall become an encumbrance upon the real property.
E. Approval Of Development Agreement And Commitments: The city has not obligated itself to recommend or adopt a proposed zoning change, development agreement or commitment by the adoption of this chapter. The approval and acceptance of a development agreement and commitments shall be at the sole discretion of the city. The city council, may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. Such commitments shall be recorded in the office of the county recorder and shall take effect upon the adoption of the amendment to the zoning ordinance. Unless modified or terminated by the governing board after a public hearing, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel.
F. Compliance With Agreement And Commitments: Unless modified or terminated by the city council as provided in this chapter, a development agreement and commitments are binding on the owner of the parcel, each subsequent owner and any other person acquiring an interest in the parcel. A development agreement or commitment is binding on the owner of the parcel even if it is unrecorded; however, an unrecorded commitment is binding on a subsequent owner or other person acquiring an interest in the parcel only if that subsequent owner or other person has actual notice of the agreement or commitment.
G. Modification Of Agreement And Commitments: A development agreement and commitments may be modified only with the permission of the city council. Any modification must comply with this section.
H. Termination Of Agreement And Commitments: Upon a preliminary finding by either the commission or the city council that the owner, subsequent owner or other person acquiring an interest in the parcel of property has failed to comply with the conditions in the development agreement or commitments, a hearing shall be held by the commission after notice pursuant to Idaho Code. The commission shall then make a recommendation to the city council. The city council shall then hold its own hearing after notice pursuant to Idaho Code.
The city shall: 1) find that the owner or developer is in compliance with the development agreement and commitments; or 2) find that the owner or developer is not in compliance with the development agreement and commitments, and after the notice and hearing requirements of this section for modification have been met, modify the development agreement and commitments; or 3) find that the owner is not in compliance with the development agreement and commitments and terminate the agreement and commitments.
If the city council finds that the owner or developer, subsequent owner or developer, or other person acquiring an interest in the parcel, has failed to comply with the development agreement or commitments, and continues to fail to do so after sixty (60) days' notice by the city to comply, then the development agreement and commitments shall be terminated and the zoning designation for the property shall revert to the prior zoning classification. All uses of the real property that are inconsistent with the initial zoning classification shall cease and shall not be considered a preexisting use.
I. Enforcement: Development agreements and commitments may be enforced by the city through any means deemed to be appropriate, including, but not limited to, specific performance, injunctive relief, monetary damages, criminal penalties and/or termination as provided herein. These enforcement options shall be considered supplemental to and not exclusive of any other remedies that may be available to the city. (Ord. 1628, 1-12-2015)