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 18.01.070 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: To assist the council in the determination whether an annexation will have any negative fiscal impact, the council may, in its discretion, require the applicant for annexation, at the applicant's expense, to submit a fiscal analysis or an updated fiscal analysis by a qualified and independent person or firm acceptable by the council and the applicant and in a format acceptable by the council, to determine the proposed annexation's impact and to recommend the base amount of annexation fees. The council retains the right to require further monetary or nonmonetary contributions for additional costs associated with the annexation. The applicant has the right to seek the city's approval of such a fiscal impact study at any point in the annexation process.
C. Findings: 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:
1. Whether the proposed application will be harmonious and in accordance with specific goals and policies of applicable components of the Payette comprehensive plan; and
2. Whether the proposed annexation generally complies with the Payette comprehensive plan; and
3. To the extent possible, whether the proposed annexation will have a negative fiscal impact upon the existing citizens of Payette at the time of an annexation and in the future.
If the council finds general compliance with the Payette comprehensive plan, the council shall then consider the application for a zoning classification and consider any and all factors it deems, in its 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 18.01.080 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 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 or development 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 the 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 the Payette zoning ordinance. (Ord. 1279 § 1, 2007)
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