A. Submittal Requirements:
1. Requests for annexation or severance must be filed with the city clerk on application forms provided by the city.
2. Supporting materials must be submitted as specified on the application form and as required by state law or state administrative rules. For annexation requests, the applicant must specify a desired zoning designation or zoning designations for the territory.
B. Optional Preapplication Conference: Any person or persons intending to request an annexation or severance is encouraged to meet with staff from the department of planning and community development to discuss basic intentions before investing time in detailed plans. The purpose of the preapplication conference is to discuss the purpose for the requested annexation or severance, review applicable comprehensive plan and district plan policies that might affect the intended request, and ensure that the applicant is familiar with the review and approval procedures for an annexation or severance.
C. Staff Review: Upon receipt thereof, the application will be reviewed for completeness by city staff, and upon verification of a complete application, staff will prepare a staff report and recommendation based on comprehensive plan policies, ability of the city or neighboring communities to provide services, and other appropriate policies and information. The staff report and recommendation will be forwarded to the planning and zoning commission for their review. There shall be no time limitation for review regarding a rezoning associated with annexation of territory.
D. Planning And Zoning Commission Review: The commission may recommend approval, approval with conditions, or denial of the requested annexation or severance. In a separate motion, the commission shall recommend approval, approval with conditions, or denial of the requested zoning designation of a parcel to be annexed. In the event the commission recommends approval of the annexation, but denial of the requested zoning designation, it shall make an additional recommendation as to what zoning designation it recommends.
E. City Council Public Hearing Notice Requirements:
1. The city council shall set and publish notice regarding a public hearing on the proposed annexation or severance following planning and zoning commission review. The city council shall also set a public hearing on the zoning designation of the property to be annexed. Notice of such hearings, and the time and place of such hearings must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice.
2. Following planning and zoning commission review but prior to the city council public hearing, city staff shall complete the notification requirements to other units of government, utilities, owners of railway right of way, and others as prescribed by state law and state administrative rules.
3. In the event the public hearing on the annexation or severance is held before the notification requirements have been fulfilled, the public hearing on the annexation or severance shall be continued until said notification requirements are fulfilled.
F. City Council Review And Decision:
1. Following the public hearing, the city council will consider a resolution approving the proposed annexation or severance. In those instances when the city council has reached an informal consensus on a proposed annexation that is contrary to the recommendation of the planning and zoning commission, the city council will defer formal action on the matter until a discussion has taken place between the city council and the planning and zoning commission.
2. Following approval of a resolution approving annexation of territory, the city council will consider an ordinance approving a zoning designation for the annexed territory. In those instances when the city council has reached an informal consensus on the proposed zoning designation for property to be annexed that is contrary to the recommendation of the planning and zoning commission, the city council will defer formal action on the matter until a discussion has taken place between the city council and the planning and zoning commission.
G. State Review: Following approval of a severance or an annexation and associated zoning classification by the city council, the necessary documentation shall be forwarded to the state of Iowa city development board and to state officials as required by state code and state administrative rules. The annexation or severance shall be considered final once acknowledged by the secretary of state, and recorded with the office of the county recorder. (Ord. 05-4186, 12-15-2005)