A. As a condition of rezoning, at any time during any stage of the development process, a development agreement may be required by the board of county commissioners, recommended by the commission or it may be requested by the developer. A "development agreement" is a written agreement or a written commitment, between the county and the developer, which affects the use or development of the parcel of property which is the subject of a rezone or development request. A written commitment shall also be known as a development agreement.
B. The purpose of a development agreement is to provide a means for development in areas where, in the opinion of the board of county commissioners, a rezone by itself may not ensure that the requirements set forth in the zoning ordinance or the subdivision ordinance will be complied with after a rezone has been approved; but, that a development agreement will assure compliance with the zoning and subdivision ordinances and with any required findings, conclusions and order allowing a rezone and with the oral representations and agreements of the rezone applicant.
C. In the event a development agreement is proposed by the developer or the administrator at the time an application is submitted or in the event a development agreement is deemed appropriate by the commission during or after a public hearing, the reasons for proposing the use of a development agreement shall be forwarded to the board of county commissioners with the commission's findings and recommendation.
D. In the event the board of county commissioners makes a finding that a development agreement would be in the best interest of the county, but where no development agreement was recommended by the commission and presented to the board of county commissioners, the board of county commissioners shall request that the county prepare a development agreement that contains such terms as are in the best interest of the county and the developer. Said development agreement may be made a condition of approval.
E. A request for a development agreement may be part of the application for a rezone. A request for a development agreement 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:
a. Three (3) site plans and one eight and one-half inch by eleven inch (81/2" x 11") reduction showing:
(1) Existing structure(s) which will remain, labeled as to existing and proposed uses.
(2) Building footprint(s), 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.
(3) North arrow.
(4) Scale.
(5) Property boundaries.
(6) Names of applicant, owners if different than applicant, preparer and project.
(7) Size of project.
(8) Existing vegetation.
(9) Existing and proposed grades for hillside developments.
(10) Parking areas with total number of parking spaces.
(11) Locations and widths of right of way, easements, canals, ditches and property lines.
(12) Drainage features.
(13) Conceptual landscape plan.
(14) 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 the preexisting zone.
6. If the development agreement is being requested by the rezone applicant, as opposed to having been required by the board of county commissioners 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. Whenever a development agreement is requested or proposed, the administrator shall work with the applicant to prepare the agreement. In addition to the information required in subsections E3a(1) through E3a(14) of this section, any additional issues may be addressed. Those issues may include, but are not limited to, density, bulk, site design, mitigation of impact on surrounding neighborhoods, appearance, provision of utilities, public services or public facilities, and any use restrictions. A public hearing may be required.
G. Development agreements shall be recorded in the office of the county recorder and shall take effect upon the adoption of the amendment to the zoning ordinance.
H. Development agreements shall be binding upon the owner or developer as set out in Idaho Code.
I. 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. What is a reasonable time shall be determined by the board of county commissioners.
J. 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. By permitting or requiring a development agreement the board of county commissioners does not obligate itself to adopt any proposed zoning ordinance.
L. 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. 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 the zoning ordinance.
N. A "developer" is any person who proposes to rezone property to commercial, industrial, residential or for any business purpose. 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. In addition to a development agreement as set forth above, the board of county commissioners may enter into agreements which 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.
P. A development agreement may be amended with the consent of all parties. (Ord. 2009-03, 6-15-2009)