The city is authorized to annex lands into its corporate boundary pursuant to Idaho Code section 50-222.
The corporate boundary of the city may be expanded whenever the council deems it to be for the public convenience, necessity, or for the general welfare of the city. A request for the annexation of property into the city may be initiated by the city council, the commission or by one or more property owners or holders of valid options to purchase the property. When the application for annexation is initiated by the property owner, the commission may expand or modify the annexation request.
Any property to be annexed to the city, upon annexation, shall be zoned in accordance with the comprehensive plan. The commission and the city council shall each follow the notice and hearing procedures as required. Annexation requests which are not in compliance with the comprehensive plan shall require amendment to the comprehensive plan.
A. Annexation Agreements: If property is annexed and zoned, the city may require, as a condition of the zoning, that an owner or developer make a written commitment, i.e., development agreement, concerning the use or development of the subject property. If an agreement is required or permitted, it shall be recorded in the office of the Elmore County recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior to completion of the annexation, if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the city council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property.
B. Adoption: The city council is hereby authorized to adopt, by resolution, rules governing the creation, form, recording, modification, enforcement and termination of commitments.
C. Application Required: Every person seeking annexation into the city shall file, with the development services department and the commission, an application as prescribed herein and shall include any other information deemed appropriate by the code official.
1. The commission shall hold at least one public hearing for each annexation and zoning request as prescribed by Idaho Code and this chapter, public hearings.
2. The commission shall file its recommendation on each annexation application with the city clerk as prescribed in this chapter. The commission's recommendation on annexation applications shall be in accordance with the following policies:
a. That the annexation shall incorporate the city sewer planning area.
b. Be consistent with existing area of impact agreements.
c. Attempt to balance costs of services with anticipated revenues.
d. Promote other goals of population balance, contiguous development and prevention of costs due to leapfrog development.
e. Promote to keep city limit boundaries that are squared off and not irregular in shape.
3. The city council's decision may be appealed pursuant to the administrative procedures act and Idaho Code section 50-222. (Ord. 1628, 1-12-2015)