8-6-17: DEVELOPMENT AGREEMENTS:

   A.   Purpose: To exercise the authority granted the Board in Section 67-6511A, Idaho Code; to provide for the creation, form, recording, modification, enforcement, and termination of development agreements; and to require as a condition of a zoning ordinance map amendment approval that an owner of land make a written commitment concerning the use and/or development of that land.

   B.   Applicability: At the discretion of the Director, the owner shall enter into a development agreement acceptable to the Board as part of receiving approval of the zoning ordinance map amendment.

   C.   Initiation:

      1.   After the Commission makes a recommendation on an application for a zoning ordinance map amendment, the Director shall forward a request to the Ada County prosecuting attorney's office to create a development agreement.

      2.   After the Ada County prosecuting attorney's office drafts the development agreement, the prosecuting attorney's office shall return the development agreement.

      3.   The Director shall forward the development agreement to the owner for signature prior to signature by the Board.

   D.   Completeness: See Section 8-6-5. The Director's request shall include all the necessary documents pertaining to the zoning ordinance map amendment application and the creation of a development agreement, such as the legal description of the land subject to the zoning ordinance map amendment application; deed(s); preliminary plat; and any proposed conditions of approval.

   E.   Notice: Notice is processed as part of the zoning map amendment. No separate notice is required for the development agreement.

   F.   Decision: Approval of the zoning ordinance map amendment application by the Board is contingent upon the Board and owner of the land signing a mutually acceptable development agreement.

   G.   Required Findings: See Section 67-6511A, Idaho Code.

   H.   Appeals: See Section 8-6-13.

   I.   Scope Of Approval:

      1.   Generally: By signing the development agreement, the owner, and any subsequent owners, consents to having the zoning ordinance map amendment reversed, in whole or in part, upon failure to comply with the terms and/or conditions set out in the development agreement.

      2.   Review And Enforcement: The Director shall monitor the owner's compliance with the terms and/or conditions of the development agreement. The Director shall review the status of the development every two (2) years from the date the development agreement is signed. A more frequent review may be undertaken by the Director at the Director's discretion or at the request of the Board. During a review the owner, or any subsequent owner, must demonstrate that they are in compliance with the terms and/or conditions of the development agreement. If the Director determines that the terms and/or the conditions of the development agreement are not being complied with, and the lack of compliance is not immediately resolved by the owner, the Director shall recommend that the Board enforce the terms of the development agreement by modification or termination.

      3.   Modification: A development agreement may be modified, in whole or in part, as follows:

         a.   Modification In Whole Or In Part For Failure To Comply With Terms And/Or Conditions: The Board may modify a development agreement and/or reverse the zoning designation of the land or any undeveloped portion of the land upon the failure of the owner or subsequent owners to comply with the terms and/or conditions of the development agreement. Prior to modifying a development agreement for failure to comply with the terms and/or conditions the owner or subsequent owners shall have a reasonable time as determined in the sole discretion of the Board to come into compliance with the terms and/or conditions. Prior to modifying a development agreement, the Board shall hold a public hearing in accordance with the notice and hearing provisions of Idaho Code Section 67-6509.

         b.   Modification By Mutual Consent: The Board and the owner or subsequent owners of the land may mutually agree to modify a development agreement and reverse the zoning map amendment, in whole or in part. Prior to modifying the development agreement by mutual consent, the Board shall hold a public hearing in accordance with the notice and hearing procedures of Idaho Code Section 67-6509.

      4.   Termination:

         a.   Termination For Failure To Comply With Terms And/Or Conditions: The Board may terminate a development agreement and reverse the zoning designation of the land or any undeveloped portion of the land upon the failure of the owner or subsequent owners to comply with the terms and/or conditions of the development agreement. Prior to terminating a development agreement for failure to comply with the terms and/or conditions the owner or subsequent owners shall have a reasonable time as determined by the Board to come into compliance with the terms and/or conditions. Prior to terminating the development agreement for failure to comply, the Board shall hold a public hearing in accordance with the notice and hearing procedures of Idaho Code Section 67-6509.

         b.   Termination By Mutual Consent: The Board and the owner or subsequent owners of the land may mutually agree to terminate a development agreement and reverse the zoning map amendment, in whole or in part. Prior to terminating the development agreement by mutual consent, the Board shall hold a public hearing in accordance with the notice and hearing procedures of Idaho Code Section 67-6509.

         c.   Termination At Owner's Discretion: The owner of land subject to a development agreement may terminate the development agreement as to any remaining undeveloped land if the Board modifies the development agreement without mutual consent. In the event the owner chooses to terminate the development agreement under these circumstances, the Board may reverse the zoning designation of any undeveloped portion of the land.

         d.   Termination When Owner Has Complied With And/Or Completed All Terms And/Or Conditions: A development agreement terminates when the owner has complied with and/or completed all the terms and/or conditions of the development agreement.

(Ord. 1002, 10-28-2025)