Ordinance - 1991 - 194 - Establishing Development Agreements - 12/10/1991ORDINANCE NO. 194
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, RELATING TO THE EXECUTION
OF DEVELOPMENT AGREEMENTS; STATING THE PURPOSE OF DEVELOPMENT
AGREEMENTS; ESTABLISHING THE METHODS OF INITIATING AND THE FORM OF
SUCH AGREEMENTS; ESTABLISHING THE CRITERIA FOR APPROVAL; PROVIDING
FOR THE RECORDING OF DEVELOPMENT AGREEMENTS; PROVIDING FOR THE
MODIFICATION AND TERMINATION OF DEVELOPMENT AGREEMENTS; PROVIDING
FOR THE ENFORCEMENT OF DEVELOPMENT AGREEMENTS; AND PROVIDING
EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE
CITY, IDAHO:
Section 1. That a new section of the Eagle City Code, be and
the same is hereby enacted to read as follows:
A. Purpose: Development agreements are a discretionary tool
to be used by the Council as a condition of rezoning. Development
agreements allow a specific project with a specific use to be
developed on property in an area that is not appropriate for all
uses allowed or conditional in the requested zone.
B. Initiation of Development Agreement:
a. A development agreement may be initiated for the
rezoning of a particular parcel of land or collection of parcels of
land through the following methods:
1. On application by the property owner.
2. On recommendation of the Zoning Administrator.
3. On recommendation of the Commission.
4. Required by the Council.
b. In the event of a determination by the Commission
that a development agreement should be entered into, the Commission
shall retain jurisdiction of the matter, defer consideration of the
1
rezone applied for and set a time limit for submittal of the
development agreement. The Commission shall then proceed as
specified in this section.
c. In the event of a determination by the Council that
a development agreement should be entered into, the Council shall
remand the matter back to the Commission for submittal of the
development agreement. The Council may direct the Commission on
remand of the matter to the Commission. The Commission shall then
proceed as specified in this Section.
d. In the event of either of the above, all time limits
required by the City Code may be stayed upon affirmative vote of
the Commission or Council.
C. Form of Development Agreement: A development agreement
shall be in the form required by the Zoning Administrator. No
agreement shall be accepted by the Zoning Administrator which does
not include the following:
1. An affidavit by the owner of the parcel agreeing to
submit the parcel to a development agreement.
2. The specific use or uses of the parcel for which the
development agreement is sought.
3. The allowed or conditional use in the conditional
zone for which application has been made.
4. A concept plan of the project to be developed on the
parcel. The concept plan shall include:
a. A description of the density allowed or sought.
2
b. Maximum height, size, and location of any
structures on the property.
5. The time required to begin the use on the property.
6. A statement by the owner of the parcel that failure
to comply with the commitments in the development agreement shall
be deemed consent to rezone the use to the pre-existing zone or, in
the case of an initial zone at annexation, a zone deemed
appropriate by the Council.
7. Any other matter mutually agreeable to the parties.
D. Approval of the Development Agreement:
a. The Council may require a development agreement
be executed to allow a rezone if, in the opinion of the Council,
approval of the requested rezone does not satisfy the requirements
set forth in the zoning ordinance for rezone approval, but the
particular project or use contemplated has a value to the community
that would justify the use of a development agreement: A
development agreement may not allow a use on the parcel that is not
an allowed or coordinated use in the requested rezone.
b. Development agreements may be approved by the
Council only after a public hearing. The public hearing shall
follow the notice and hearing provisions of Section 67-6509 of the
Idaho Code.
c. The Council may add conditions, terms, duties
or obligations to the development agreement.
E. Recordation of Development Agreement: Following approval
of a development agreement by the City Council, the development
3
agreement shall be recorded in the office of the county recorder at
the expense of the property owner. The development agreement, and
all conditions, terms, duties or obligations included therein shall
run with the land and shall be considered continuing obligations of
the owner or subsequent owner and each other person acquiring an
interest in the property.
F. Duty to Comply with Development Agreement: An owner,
subsequent owner, and each other person acquiring an interest in
property that is restricted by a development agreement adopted
pursuant to this section, shall comply with the terms, conditions,
obligations and duties contained in the development agreement.
G. Modification of Development Agreement: A development
agreement may be modified by the City Council only after complying
with the notice and public hearing provisions of Section 67-6509 of
the Idaho Code.
H. Termination of Development Agreement:
a. A development agreement may be terminated by the
City Council for failure to comply with the commitments expressed
in the development agreement. Such termination shall take place
after a public hearing on the termination at which time testimony
shall be taken to establish non-compliance with the conditions,
terms, obligations or duties contained within the development
agreement. The public hearing shall follow the notice and hearing
provisions of Section 67-6509 of the Idaho Code.
b. Upon termination of the development agreement the
property shall revert to the zone applicable prior to the adoption
4
of the development agreement or application for zoning designation
change. All uses of the property which are not consistent with the
subsequently applied zone following termination of the development
agreement shall cease. The owner of the parcel may apply for a
conditional use of the parcel if such use is a conditional use
within the subsequently applied zone.
I. Enforcement of Development Agreements: Development
agreements may be enforced by the City through specific
enforcement, injunctive relief, damages or criminal penalty for
violation of this section. The foregoing enforcement options
available to the City shall not be deemed exclusive.
Section 2. That this Ordinance shall be in full force and
effect from and after its passage, approval and publication.
DATED this /4 day of _SaC.O.,yyt-4-/-)
CITY44
of -'•' C_
E
A ,' wi
APPROVED:
, 199/.
MAYOR
SUMMARY OF
ORDINANCE NO. 194
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, RELATING TO THE EXECUTION
OF DEVELOPMENT AGREEMENTS; STATING THE PURPOSE OF DEVELOPMENT
AGREEMENTS; ESTABLISHING THE METHODS OF INITIATING AND THE FORM OF
SUCH AGREEMENTS; ESTABLISHING THE CRITERIA FOR APPROVAL; PROVIDING
FOR THE RECORDING OF DEVELOPMENT AGREEMENTS; PROVIDING FOR THE
MODIFICATION AND TERMINATION OF DEVELOPMENT AGREEMENTS; PROVIDING
FOR THE ENFORCEMENT OF DEVELOPMENT AGREEMENTS; AND PROVIDING
EFFECTIVE DATE
A summary of the principal provision of Ordinance No. 194 of
the City of Eagle, Ada County, Idaho, adopted on December 10, 1991,
is as follows:
Section 1: (A) States the purpose of development agreements.
(B) Provides a method for initiating development
agreements.
(C) Provides for the form and necessary contents of
development agreements.
(D) Provides for the method of approval of development
agreements by city council following public hearing.
(E) Provides for recording of development agreements.
(F) Provides that all owners, subsequent owners, and
other persons acquiring an interest in property which is subject to
a development agreement shall comply with the development
agreement.
(G) Provides a method of modifying a development
agreement after notice and hearing.
(H) Provides method of termination of development
agreements.
(I) Provides for methods of enforcement of development
agreements.
Section 2: Provides that Ordinance No. 194 shall become
effective upon its passage, approval, and publication.
Page 1
•
The full text of Ordinance No. 194 is available from the City
Clerk, Eagle City Hall, Eagle, Idaho, and will be provided to any
person upon request during normal office hours.
DATED this /e) day of December, 1991.
CITY OF EAGL
ara Mcg " c
Eagle Cit perk
r C
� U
r O _
m ter.' s
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the
City of Eagle, Idaho, hereby certify that I have read the foregoing
summary of Ordinance No. 194 of the City of Eagle and that the same
is true and complete and provides adequate notice to the public of
the contents of said Ordinance.
Dated this 0 day of Dec er, 1991.
47.
Michael C. Moore
City Attorney
Page 2
County of Ada
State of Idaho
Helen Alidjani, be
she is the principl
newspaper of gery
Meridian, County
That the annexed n
once each and ever
First publication
being on the
That the said news
and uninterruptedl
than seventy-eigh
publication of the
PROOF OF PUBLICATION
12 Friday December 27, 1991
Legal Notices Continued
SUMMARY
OF ORDINANCE NO. 194
AN ORDINANCE OF THE CITY OF
EAGLE,IDAHO,REIATINGTOTHE
EXECUTION OF DEVELOPMENT
AGREEMENTS; STATING THE
PURPOSE OF DEVELOPMENT
AGREEMENTS; ESTABLISHING
THE METHODS OF INITIATING
AND THE FORM OF SUCH AGREE-
MENTS; ESTABLISHING THE CRI-
TERIA FOR APPROVAL; PROVID-
ING FOR THE RECORDING OF DE-
VELOPMENT AGREEMENTS; PRO-
VIDING FOR THE MODIFICATION
AND TERNIINATIONOFDEVELOP-
MENTAGREEMENT'S; PROVIDING
FOR THE ENFORCEMENT OF DE-
VELOPMENT AGREEMENTS; AND
PROVIDING EFFECTIVE DATE
A summary of the principal pro-
vision of Ordinance No. 194 of the City
of Eagle, Ada County, Idaho, adopted on
December 10, 1991, is as follows:
Section 1: (A) States the purpose
of development agreements.
(B) Provides a method for initiat-
ing development agreements.
(C) Provides for the form and
necessary contents of development
agreements.
(D) Provides for the method of
-pproval of development agreements by
council following public hearing.
ribed and sworn before me this [17 CA day of
,19 `'/�T/_7 .
Residence:
My commission expires:
(SEAL)
Notary Public
g7
(E) Provides for recording of de-
velopment agreements.
(F) Provides that all owners, sub-
sequent owners, and atter persons ac-
quiring an interest in property which is
subject toa, ..,,agteementahall
comply with the .i agree-
ment.
(G) Provides amethod of modify-
ing a , .L ,, , .. t agreement after no-
tice and hearing.
(H)Provideanathodoftem inatiaa
(I) Provides for methods of en-
forcement of development agreements.
,Section 2: Provides that Ordinance
No. 194 shall become effective upon its
passage, approval, and publication.
The full text of Ordinance No. 194
is available from the City Clerk, Eagle
City Hall, Eagle, Idaho, and will be
provided to any person upon request
during normal office hours.
DATED this 10th day of Decem-
ber, 1991.
CITY OF EAGLE Ada County,
Idaho
/s/Barbara Montgomery
Eagle City Clerk
CERTIFICATION OF mil
CITY ATTORNEY
I, the undersigned City Attorney for and
h
4a
legal advisor to the City of Eagle, Idaho,
hereby certify that I have read the fore-
going summary of Ordinance No. 194 of
the City of Eagle and that the same is
*intend complete and provides adeguate
notice to the public of the contents of
said Ordinance.
Dated this 12th day of December,
1991.
Is/Michael C. Moore
City Attorney
Publish Dec. 26, 1991.
(Aiwa./ tv it :1.:.1
PROOF OF PUBLICATION
f(rle)) .\li;I;;uu hc:ng lir;t '.'.i s:`.,1(0. on 0c)ti) :r•; th.)t
she is the principal cleft, of THE VALLEY NEWS. a
newspaper of general circulation, published ;`.,ct.ly at
P.;cridian, County of .Ada. State of Idaho;
That the annexal notice %.aspublished in said n:•.vspap._r
•
011e: e :chr —l—
a::dLt'Crb`,�'fellt:) l'U:IJe,:I:t'vc:..‘t'l`}.],
First publication beim on the Sf
� � day of
nod IR MI) , 19 9 / , and the last publication
being on the dayof 19
That the said newspaper has been published continuously
and uninterruptedly in said county during a period of more
than seventy-eight consecutive weeks prior to the first
publication of the attached notice.
f-
r
Suubbcribcd an sworn before me this
jif
,19
Principal Clerk
day of
Residence:
1‘,1y commission expire•,:
Notary Public
___LA
/)-/ --9 7
(SEAL)
LEGAL NOTICE
OF PUBLIC HEARING
CITY OF EAGLE, IDAHO
Notice is hem' given that the
Eagle City Caudal will hold a public
P.M.healing on December 10 , 1991 at 7:30
The propose of the hearing is to
consider. An ordinance allowing the City
of Eagle to enter into a development
agreement as a condition of zoning.
APPLICATION BY: The City of
Eagle.
A specific legal description is on
file in the office of the Eagle City Clerk,
forpublic inspection. Written comments
will be accepted until 5.:00 p.m. on the
day of the public hearing.
Is/Barbaro Montgomery
Eagle City Cleric
Publish Nov. 21, 1991
t 30
PROOF OF PUBLICATION
County of Ada
titan: of hl.th
Hrlen Alidjani, being first duly switnh, on oath s:tys that
she is the principal clerk of TILE VALLEY NEWS, a
newspaper of general circulation, published «eekly at
Meridian, County of Ada, State of Idaho;
That the annexed notice was published in said newspaper
• onc,2 each and every week far % consecutive weeks,
First publication being on the 3 st
day of
�,,�/ _ / /
� �(9P/� , 19 ,and the last publication
being on the --day of ,19
That the said newspaper has been published continuously
and uninterruptedly in said county during a period of more
than seventy-eight consecutive weeks prior to the first
publication of the attached notice.
rincipal Clerk
Subscribed and sworn before me this day of
19 ?7,
Rcsidcnc
My commission cxpir
(SEAL)
Notary Public
LEGAL NOTICE
OF PUBLIC HEARING
CITY OF EAGLE, IDAHO
Notice is hereby given that the
Eagle Planning and Zoning will hold a
public hearing on November 18, 1991 at
730 P.M.
The purpose of the hearing is to
consider: An ordinance allowing the City
of Eagle to enter into a development
agreement as a condition of zoning.
APPLICATION BY: The City of
Eagle -
A specific legal description is on
file in the office of the Eagle City clerk,
forpublic inspection. Written comments
will be accepted until 5:00 p.m. on the
day of the public hearing.
/s/Barbara Montgomery
Eagle City Clerk
Publish Nov. 1. ted N., .14; i99i