Commissioners press Steel National to tie road and safety work to occupancy; seek ITD timeline

Washington County commissioners on April 20 scrutinized a proposed Development Agreement with Steel National, pressing the developer to make completion dates for road, safety and screening work explicit and to tie those obligations to the project’s certificate of occupancy.

Planning and Zoning Administrator Bridget Felmley presented the agreement and related memoranda and asked the Board whether additional language or deadlines should be added. Commissioner Gordon Wilkerson said he wanted clarity that required turn lanes, ingress and egress improvements and other safety measures be completed before businesses open. “What likely is going to happen is Steel National will contract with a contracting firm … and they'll likely have their own flaggers to do the project. That's what I'm hoping will happen,” Wilkerson said.

Prosecuting Attorney True Pearce told the Board the county can include timing and enforcement terms in a development agreement and can require compliance before issuing a certificate of occupancy. “You absolutely have the ability to contract certain things into this,” Pearce said, but he cautioned the commissioners that if Idaho Transportation Department (ITD) approvals or scheduling are required, that could delay completion. Pearce recommended the Board determine which obligations must be finished before opening and to add date-certain requirements where appropriate.

Commissioners and staff discussed several specific concerns: whether developer obligations transfer to successors, how to enforce turn-lane construction when the state highway and ITD are involved, what items can be tied to occupancy versus phased completion, and how to document commitments in the agreement. Commissioner Nate Marvin argued for tying compliance to certificates of occupancy: “I would like to tie it to their Certificate of Occupancy. They will not get their Certificate of Occupancy until everything's done in this Agreement.”

The agreement already contains language making obligations binding on heirs and a clause referencing coordination with ITD for turn lanes and traffic studies. Pearce noted the agreement’s effective date language establishes when the contract takes effect but does not set deadlines for specific tasks and recommended adding time frames or phase-specific completion requirements where the Board wants them enforced.

Board members asked staff to contact ITD to determine whether turn-lane work would require ITD approval or scheduling that could affect practicable completion dates, and Felmley said she would reach out. Commissioners agreed to revisit the agreement next week after legal review and ITD input.

Next steps: staff will contact ITD for scheduling and permitting constraints, Pearce offered to provide specific drafting options, and the Board planned to place the Development Agreement back on the agenda for further action.