A. Initiation Of Involuntary Annexation Or Severance: Whenever, after public hearing thereon, the city council determines that involuntary annexation or severance proceedings should be undertaken, the matter shall be referred to the planning and zoning commission for their review and recommendation.
B. Staff Review: Staff will prepare a report and recommendation regarding the proposed involuntary annexation or severance for the planning and zoning commission based on comprehensive plan policies, the public interest in annexing or severing said territory, recommendations regarding zoning designation of areas to be annexed, and other pertinent information. At a minimum, the report shall contain all of the information required by state code and state administrative rules.
C. Notification Requirements: Staff will notify all affected property owners, units of government, utilities, owners of railway right of way, and other parties as required by state code and state administrative rules.
D. Planning And Zoning Commission Review:
1. Once notification requirements are completed, the staff report and recommendation for the zoning of annexed territory shall be forwarded to the planning and zoning commission for their review and recommendation.
2. After discussion at a public meeting, the commission will recommend approval, approval with conditions, or denial of the involuntary annexation or severance. For annexations, the commission will also make a recommendation as to the zoning of said territory.
E. City Council Public Hearing:
1. Once the planning and zoning commission has completed their review, the city council shall set a public hearing on the proposed annexation and zoning, or severance. Notice of such hearing, and the time and place of such hearing 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. After the public hearing, the city council will consider a resolution approving the annexation or severance.
3. Following approval of a resolution to annex territory, the city council will consider an ordinance approving a zoning designation for the annexed territory.
4. In those instances when the city council has reached an informal consensus on a proposed involuntary severance, annexation, or 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.
F. State Review:
1. Following approval of a resolution approving an involuntary annexation or involuntary severance, all necessary documentation will be forwarded to state officials and the state of Iowa city development board as required by state code and state administrative rules. state officials will then conduct a process as required in state code and state administrative rules to consider the involuntary annexation or severance request.
2. The involuntary annexation or severance request shall be considered final once approved by state officials, published according to state code requirements, and once proceedings of the process as required by state code are filed with the secretary of state, the city clerk, the state department of transportation, and recorded with the office of the county recorder. (Ord. 05-4186, 12-15-2005)