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 14.01.070 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. Fiscal Impact: The council shall require the applicant to pay, as consideration for annexation and any annexation agreement, the fees established by resolution, as amended, for annexation of property into the city. The council retains the right to require further monetary or nonmonetary contributions for any annexation to ensure the proposed annexation will not have a negative fiscal impact upon the existing citizens of Hailey at the time of annexation and in the future.
C. Findings:
1. During the public hearing process of the application for annexation, the council shall make its own findings of fact and conclusions of law to determine:
a. Whether the proposed application will be harmonious and in accordance with the goals and policies of applicable components of the Hailey comprehensive plan;
b. Whether the proposed annexation would be in the best interests of the citizens of Hailey; and
c. To the extent possible, whether the proposed annexation will have a negative fiscal impact upon the existing citizens of Hailey at the time of an annexation and in the future.
2. If the council finds general compliance with the Hailey comprehensive plan, 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 14.01.080 of this chapter 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. The council may also require the applicant, as a condition of approval, to construct certain improvements, including, but not limited to, private and/or public utilities, facilities, recreational or other amenities and landscaping, and to pay such annexation fees or other monetary or nonmonetary contributions as the council deems necessary to protect the health, safety and general welfare of the citizens of Hailey. In the event the fees and/or contributions are not paid at the time of annexation approval, the council shall require the applicant to provide security in the form of a performance bond, irrevocable letter of credit or cash equivalent acceptable to Hailey for one hundred fifty percent (150%) of the bona fide estimate of the cost of the improvements and one hundred percent (100%) of the fees and/or contributions within thirty (30) days of the date when the council approves the application but before the effective date of any annexation ordinance. Furthermore, the council may, consistent with Idaho Code section 67-6537, require the applicant, as a condition to approval, to use all surface water appurtenant to the real property to be annexed as the primary water source for irrigation of the real property to be annexed.
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 deannexed. There shall be no right of an appeal by an applicant or by an affected party from an adverse recommendation by the commission or from an adverse decision of the council on an annexation application. 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 title 17, chapter 17.14 of this code. (Ord. 1205, 2016; Ord. 1104, 2012; Ord. 1050 § 2, 2010; Ord. 889 § 1, 2004)