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HomeMy WebLinkAboutORD 2455BILL NO.2 ORDINANCE NO. 2455 AN ORDINANCE TO AMEND CHAPTER 10,ARTICLE 1 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL,COUNTY OF CANYON,STATE OF IDAHO BY THE CREATION OF A NEW ZONING SECTION 10-01-08 FOR PURPOSES OF IMPLEMENTING THE RULES AND PROCEDURES FOR MUNICIPAL ANNEXATIONS AS APPROVED BY THE 2001 IDAHO STATE LEGISLATURE; PROVIDING AN EFFECTIVE DATE;AND APPROVING A SUMMARY OF THE ORDINANCE;ALSO REPEALING ALL ORDINANCES,RESOLUTIONS,ORDERS,AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL,COUNTY OF CANYON,STATE OF IDAHO: Section 1.A new Section 8 be added to Article 1 of Chapter 10 as follows: 10-01-08 ANNEXATION PROCEDURES Legislative intent:State law was recently amended to ensure that private property interests are protected as part of a Municipal's effort to annex land.Accordingly,Idaho Municipalities must now follow a more in depth annexation process based on procedures applicable to the annexation classification the land falls within.Three annexation classifications have been established based on the size of the area considered for annexation,the property's contiguity to the City,level of private landowner consent and sometimes due to health related considerations. Annexation classifications:Annexations shall be classified and processed according to the standards for each of the three categories of annexation noted below: 10-01-08.1 Category "A"Annexation -Criteria for Category "A"Eligibility: Annexations wherein all private landowners raise no objection to annexation,or Annexations of any residential enclaved lands of less than one hundred (100)privately-owned parcels, irrespective of surface area,which are surrounded on all sides by land within a city,or Which are bounded on all sides by lands within a city and by lands for which owner approval must be given*,or Which are bounded on all sides by lands within a city and by the boundary of the city's area of city impact. *owner approval applies to: Property,owned by a county or any entity within the county,that is used as a fairgrounds area under the provisions of chapter 8,title 31,Idaho Code,or chapter 2,title 22,ldaho Code,must have the consent of a majority of the board of county_commissioners of the county in which the property lies;and Property,owned by a nongovernmental entity,that is used to provide outdoor recreational activities to the public and that has been designated as a planned unit development of fifty (50)acres or more and does not require or utilize any city services must have the express written permission of the nongovernmental entity owner. Category "A"Provisions: The City must adhere to the following provisions if the property qualifies as a Category "A"annexation: Lands lying contiguous or adjacent to any city in the state of Idaho may be annexed by the city if the proposed annexation meets the requirements of category "A".Upon determining that a proposed annexation meets such requirements,a city may initiate the planning and zoning procedures set forth in chapter 65,title 67,Idaho Code,to establish the comprehensive planning policies,where necessary,and zoning classification of the lands to be annexed. 10-01-08.2 Category "B"Annexation -Criteria for Category "B"Eligibility: The subject lands contain less than one hundred (100)separate private ownerships and platted lots of record and where not all such landowners have consented to annexation; Or the subject lands contain more than one hundred (100)separate private ownerships and platted lots of record and where landowners owning more than fifty percent (50%)of the area of the subject private lands have evidenced their consent to annexation at the outset of the annexation process; Or the lands are the subject of a development moratorium or water or sewer connection restriction imposed by state or local health or environmental agencies;provided such lands shall not be counted for purposes of determining the number of separate private ownerships and platted lots of record aggregated to determine the appropriate category. Category "B"Provisions: The City must adhere to the following provisions if the property qualifies as a Category "B"annexation: 1)The lands are contiguous or adjacent to the city and lie within the city's area of city impact; 2)The land is laid off into lots or blocks containing not more than five (5)acres of land each,whether the same shall have been or shall be laid off,subdivided or platted in accordance with any statute of this state or otherwise, or,whenever the owner or proprietor or any person by or with his authority has sold or begun to sell off such contiguous or adjacent lands by metes and bounds in tracts not exceeding five (5)acres, or whenever the land is surrounded by the city. Splits of ownership which occurred prior to January 1,1975,and which were the result of placement of public utilities,public roads or highways,or railroad lines through the property shall not be considered as evidence of an intent to develop such land and shall not be sufficient evidence that the land has been laid off or subdivided in lots or blocks. A single sale after January 1,1975,of five (5)acres or less to a family member of the owner for the purpose of constructing a residence shall not constitute a sale within the meaning of this section. For purposes of this section,"family member"means a natural person or the spouse of a natural person who is related to the owner by blood,adoption or marriage within the first degree of consanguinity. 3)Preparation and publication of a written annexation plan,appropriate to the scale of the annexation contemplated,which includes, at a minimum,the following elements: a)The manner of providing tax-supported municipal services to the lands proposed to be annexed; b)The changes in taxation and other costs,using examples,which would result if the subject lands were to be annexed; c)The means of providing fee-supported municipal services,if any,to the lands proposed to be annexed; d)A brief analysis of the potential effects of annexation upon other units of local government,which currently provide tax-supported or fee-supported services to the lands proposed to be annexed; and e)The proposed future land use plan and zoning designation or designations,subject to public hearing,for the lands proposed to be annexed. 4)Compliance with the notice and hearing procedures governing a zoning district boundary change as set forth in section 67-6511,Idaho Code,on the question of whether the property should be annexed and,if annexed,the zoning designation to be applied thereto;provided however,the initial notice of public hearing concerning the question of annexation and zoning shall be published in the official newspaper of the city and mailed by first class mail to every property owner with lands included in such annexation proposal not less than twenty-eight (28)days prior to the initial public hearing. All public hearing notices shall establish a time and procedure by which comments concerning the proposed annexation may be received in writing and heard and,additionally,public hearing notices delivered by mail shall include a one (1)page summary of the contents of the city's proposed annexation plan and shall provide information regarding where the annexation plan may be obtained without charge by any property owner whose property would be subject to the annexation proposal. 5)In addition to the standards set forth elsewhere in this section,annexation of the following lands must meet the following requirements: a) Property,owned by a county or any entity within the county,that is used as a fairgrounds area under the provisions of chapter 8,title 31,Idaho Code,or chapter 2,title 22,Idaho Code,must have the consent of a majority of the board of county commissioners of the county in which the property lies;and b)Property,owned by a nongovernmental entity,that is used to provide outdoor recreational activities to the public and that has been designated as a planned unit development of fifty (50)acres or more and does not require or utilize any city services must have the express written permission of the nongovernmental entity owner.(This would apply to a private golf course established through the PUD process) 6)After considering the written and oral comments of property owners whose land would be annexed and other affected persons,the city council may proceed with the enactment of an ordinance of annexation and zoning. In the course of the consideration of any such ordinance,the city must make express findings,to be set forth in the minutes of the city council meeting at which the annexation is approved,as follows: a)The land to be annexed meets the applicable requirements of this section and does not fall within the exceptions or conditional exceptions contained in this section; b)The annexation would be consistent with the public purposes addressed in the annexation plan prepared by the city; c)The annexation is reasonably necessary for the orderly development of the city; 7)Notwithstanding any other provision of this section,railroad right-of-way property may be annexed pursuant to this section only when property within the city adjoins or will adjoin both sides of the right-of- way. 10-01-08.3 Category "C"Annexation -Criteria for Category "C"Eligibility: Annexations wherein the subject lands contain more than one hundred (100)separate private ownerships and platted lots of record and where landowners owning more than fifty percent (50%)of the area of the subject private lands have not evidenced their consent to annexation at the onset of the annexation process: Category "C"Provisions: The City must adhere to the following provisions if the property qualifies as a Category "C"annexation: Compliance with the procedures governing category "B"annexations;and evidence of consent to annexation based upon the following procedures: (A)Following completion of all procedures required for consideration of a category "B"annexation; and evidence of consent to annexation based upon the following procedures: 1)Following completion of all procedures required for consideration of category "B"annexation,but prior to enactment of an annexation ordinance and upon an affirmative action by the city council,the city shall mail notice to all private landowners owning lands within the area to be annexed,exclusive of the owners of lands that receive (City)water or sewer service and owners of lands that are subject to a recorded consent to annex. Such notice shall invite property owners to either give written consent or express written opposition to the annexation,include a description of how that consent or opposition can be made and where it can be filed,and inform the landowners where the entire record of the subject annexation may be examined. Such mailed notice shall also include a legal description of the lands proposed for annexation and a simple map depicting the location of the subject lands. B)Each landowner desiring to consent to or oppose the proposed annexation must submit the consent or opposition,in writing,to the city clerk by a date specified in the notice,which date shall not be sooner than twenty-one (21)days after the date of the mailing of such notice. C)After the date specified in the notice for receipt of written consent or opposition,the city clerk shall compile and present to the city council a report setting forth: 1)The total physical area sought to be annexed,and 2)The total physical area of the lands,as expressed in acres or square feet,whose owners have consented in writing to the annexation,plus the area of all lands receiving water or sewer service from the city and the area of all lands subject to a recorded consent to annex.Objections received after the conclusion of the twenty-one (21)day period shall not be considered unless the late objection is due to the city's failure to follow the procedures provided herein.Objections received from owners of lands subject to a recorded consent to annex,or from owners receiving water or sewer service from the city, shall not be considered objections for purposes of this section.The clerk shall report the results to the city council. (D)Upon receiving such report,the city council shall review the results and may thereafter confirm whether consent was received from the owners of a majority of the land areas and those providing written consent,in addition to all lands subject to the implied consent provisions set forth herein and those subject to consent of record in the office of the county recorder. The results of the report shall be reflected in the minutes of the city council.If the report as accepted by the city council confirms that owners of more land area have consented to annexation than oppose such annexation,the city council may enact an ordinance of annexation,which thereafter shall be published and become effective according to the terms of the ordinance.If the report confirms that owners of more land area oppose annexation than consent to such annexation,the category "C"annexation shall not be authorized. 10-01-08.4 Judicial Review: The decision of a city council to annex and zone lands as a category "B"or category "C"annexation shall be subject to judicial review in accordance with the procedures provided in chapter 52,title 67,Idaho Code,and pursuant to the standards set forth in section 67-5279,Idaho Code.Any such appeal shall be filed by an affected person in the appropriate district court no later than twenty-eight (28)days after the date of publication of the annexation ordinance.All cases in which there may arise a question of the validity of any annexation under this section shall be advanced as a matter of immediate public interest and concern,and shall be heard by the district court at the earliest practicable time. 10-01-08.5 Municipal Annexation of noncontiguous land: Annexation of noncontiguous municipal airfield.A city may annex land that is not contiguous to the city and is occupied by a municipally owned or operated airport or landing field.However,a city may not annex any other land adjacent to such noncontiguous facilities,which is not otherwise annexable pursuant to this section. 10-01-08.6 Exemptions: The provisions of this chapter do not apply to any transfer of residential real property that is any of the following: (1)A transfer pursuant to court order including,but not limited to,a transfer ordered by a probate court during the administration of a decedent's estate,a transfer pursuant to a writ of execution,a transfer by a trustee in bankruptcy,a transfer as a result of the exercise of the power of eminent domain,and a transfer that results from a decree for specific performance of a contract or other agreement between persons; (2)A transfer to a mortgagee by a mortgagor by deed in lieu of foreclosure or in satisfaction of the mortgage debt; (3)A transfer to a beneficiary of a deed of trust by a trustor in default; (4)A transfer by a foreclosure sale that follows a default in the satisfaction of an obligation secured by a mortgage; (5)A transfer by a sale under a power of sale following a default in the satisfaction of an obligation that is secured by a deed of trust or another instrument containing a power of sale occurring within one (1)year of foreclosure on the default; (6)A transfer by a mortgagee,or a beneficiary under a deed of trust,who has acquired the residential real property at a sale conducted pursuant to a power of sale under a mortgage or a deed of trust or who has acquired the residential real property by a deed in lieu of foreclosure; (7)A transfer by a fiduciary in the course of the administration of a decedent's estate,a guardianship,a conservatorship,or a trust; (8)A transfer from one (1)co-owner to one (1)or more other co-owners; (9)A transfer made to the transferor's spouse or to one (1)or more persons in the lineal line of consanguinity of one (1)or more of the transferors; (10)A transfer between spouses or former spouses as a result of a decree of divorce,dissolution of marriage,annulment,or legal separation or as a result of a property settlement agreement incidental to a decree of divorce,dissolution of marriage,annulment,or legal separation; (11)A transfer to or from the state,a political subdivision of the state,or another governmental entity; (12)A transfer that involved newly constructed residential real property that previously has not been inhabited,except that disclosure of annexation and city service status shall be declared by the sellers of such newly constructed residential real property in accordance with the provisions of section 55-2508, Idaho Code; (13)A transfer to a transferee who has occupied the property as a personal residence for one (1)or more years immediately prior to the transfer; (14)A transfer from a transferor who both has not occupied the property as a personal residence within one (1)year immediately prior to the transfer and has acquired the property through inheritance or devise; (15)A transfer by a relocation company to a transferee within one (1)year from the date that the previous owner occupied the property? (16)A transfer from a decedent's estate. 10-01-08.7 Prior Consent: Definition:For purposes of this section,prior consent to annex shall be deemed given when evidenced by written authorization or approval executed by the owner or the owner's authorized agent.Consent shall be implied for the area of all lands connected to water or wastewater collection system operated by the city and for lands subject to a written consent to annex recorded in the county recorder's office. Written consent to annex lands,if recorded in the county recorder's office,shall be binding upon subsequent purchasers,heirs,or assigns of lands addressed in the consent.Lands need not be contiguous or adjacent to the city limits at the time the landowner consents to annexation for the property to be subject to a valid consent to annex;provided however,no annexation of lands shall occur, irrespective of consent,until such land becomes contiguous or adjacent to such city. 10-01-08.8 Annexation Procedures: The implementation of any annexation proposal wherein the City Council determines that the annexation is appropriate shall be concluded with the passage of an ordinance of annexation. Section 2.This Ordinance shall be in full force and effect from and after its passage,approval,and publication,according to law. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL,IDAHO,this 21st day of January,2003 APPROVED BY THE MAYOR AND THE CITY OF CALDWELL,IDAHO,this 21st day of January,2003. ATTEST: Mayor Garret Nancolas ""•«»,■;••»••**