Development agreements.
Each governing board 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. A 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 commitment. A commitment may be modified only by the permission of the governing board after complying with the notice and hearing provisions of section 67-6509, Idaho Code. A commitment may be terminated, and the zoning designation upon which the use is based reversed, upon the failure of the requirements in the commitment after a reasonable time as determined by the governing board or upon the failure of the owner; each subsequent owner or each other person acquiring an interest in the parcel to comply with the conditions in the commitment and after complying with the notice and hearing provisions of section 67-6509, Idaho Code. By permitting or requiring commitments by ordinance the governing board does not obligate itself to recommend or adopt the proposed zoning ordinance. A written commitment shall be deemed written consent to rezone upon the failure of conditions imposed by the commitment in accordance with the provisions of this section.
Notes of Decisions
Taylor v. Canyon Cnty. Bd. of Commissioners, 210 P.3d 532 (Idaho 2009).
· cites it 12× “§ 67-6512, while the latter is governed by I.C. § 67-6511A. A special use permit may be granted in cases where the "use is conditionally permitted by the terms of the ordinance, subject to conditions pursuant to specific provisions of the ordinance.”
Price v. Payette Cty. Bd. of Cty. Com'rs, 958 P.2d 583 (Idaho 1998).
· cites it 6× “The Board responds that the decision to enter into a development agreement is discretionary and, therefore, the Board did not err in declining to enter into such an agreement with Bone.”
Burns Concrete, Inc. v. Teton Cnty., 384 P.3d 364 (Idaho 2016).
· cites it 2× “On February 26, 2007, the County approved the zoning change with conditions, one of which was that the Developer enter into a development agreement with the County pursuant to Idaho Code section 67-6511A. The real property was located within the area of city impact of the City…”
Rouwenhorst v. Gem Cnty., 485 P.3d 153 (Idaho 2021).
· cites it 2× “See I.C. § 67-6511A. The Board expressly linked the insufficiency of the Rouwenhorsts’ submission to its inability to make an affirmative determination regarding Finding 3(c).”
Stafford v. Kootenai Cnty., 252 P.3d 1259 (Idaho 2011).
· cites it 2× “ns required or authorized pursuant to this chapter; (ii) The approval of an ordinance first establishing a zoning district upon annexation or the approval or denial of an application to change the zoning district applicable to specific parcels or sites pursuant to section…”
Ciszek v. Kootenai Cnty. Bd. of Com'rs, 254 P.3d 24 (Idaho 2011).
· cites it 2× “These include development agreements pursuant to I.C. § 67-6511A and planned unit developments pursuant to I.”
S Bar Ranch v. Elmore Cnty. (Idaho 2022).
· cites it 19× “” This request essentially stated the same objections that S Bar had raised in its first two requests for reconsideration: that the Board’s prior notices were defective and could not be cured through subsequent public hearings; the Board had violated S Bar’s due process rights;…”
Kirby Vickers & Cheryl Vickers v. Canyon Cnty. Bd. Of Commissioners (Idaho 2009).
· cites it 6× “§ 67-6512, while the latter is governed by I.C. § 67-6511A. A special use permit may be granted in cases where the ―use is conditionally permitted by the terms of the ordinance, subject to conditions pursuant to specific provisions of the ordinance.”
Burns Concrete v. Teton Cnty. (Idaho 2020).
· cites it 2× “On February 26, 2007, the County approved the zone change with certain conditions, including that Burns Holdings enter into a development agreement with the County pursuant to Idaho Code section 67-6511A. The Property was located within the City of Driggs’ impact area, where the…”
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