A. Conduct And Notice Of Council Hearing: Upon receipt of the Commission's findings of fact and conclusions of law, the Council shall schedule a public hearing to review the application for annexation. Notice of the public hearing shall be conducted in the same manner as the notice for a Commission hearing pursuant to section 13-1-8 of this chapter. The Council shall have the right to request further information deemed necessary by the Council at any time during the proceedings.
B. Findings: The Council shall review the Commission's findings of fact and conclusions of law, the application, the supporting plans and documentation, the entire record before and recommendations of the commission, and comments from the public. The Council may require additional information, including, but not limited to matters not addressed by the commission. Thereafter, the Council may in its sole discretion, approve, or approve with conditions, or deny the application for annexation.
C. Zoning: If the Council approves the application for annexation, the Council shall then consider the application for a zoning classification and consider any and all factors it deems, in its sole and absolute discretion, important to determine whether an application for annexation shall be granted or denied. If the Commission made negative findings related to the Comprehensive Plan under section 13-1-8 and therefore did not make a recommendation on zoning classification for the property sought to be annexed, but the Council subsequently made favorable findings related to the Comprehensive Plan and wishes to proceed with the annexation, the Council shall remand the proceedings to the Commission for its recommendation on zoning classification.
D. Decision: The Council has the sole and absolute discretionary right to approve, approve with conditions or deny an application for annexation. In addition, the Council is authorized to require, as a condition of approval, that the applicant and the City enter into an annexation agreement providing for the terms and conditions of an approved annexation. In the event a subsequent development proposal materially differs from the development shown in approved annexation, the annexation agreement shall provide that the proposed development may be denied, that the applicant shall be responsible for any increased annexation fees and/or that the property may be de-annexed. If the Council elects to approve the application for annexation with or without conditions, the Council shall also establish the appropriate zoning district(s) for the annexed property in accordance with the procedures set forth in chapter 10-4 of this Code.
E. Appeal: This chapter shall not be construed to create a right to annexation. The procedures set forth in this chapter are to aid the City in determining if an annexation is in the best interest of the City but the decision to annex is left at the discretion of the Council. Unless otherwise provided by Idaho law, there shall be no right of appeal by an applicant from an adverse recommendation by the commission or from an adverse decision of the Council on an annexation application. (Ord. 2021-11, 8-23-2021)