Avimor Annexation Process

EAGLE CITY ORDINANCES
TITLE 8 ZONING CHAPTER 7 ZONING ADMIN & ENFORCEMENT

8-7-5 AMENDMENTS

8-7-6 ZONING UPON ANNEXATION

8-7-8 NOTICE REQUIREMENTS

8-7-9 VIOLATIONS & PENALTIES

Avimor will be a Category A annexation since the landowners, the Avimor partners and those who have purchased lots, have consented (subsection (i) below). The initial purchasers who have not consented will not be annexed. Annexation procedures for Category A are in IC 50-222(5)(a).

IC 50-222(3)(a) Category A: Annexations wherein:

(i) All private landowners have consented to annexation. Annexation where all landowners have consented may extend beyond the city area of impact provided that the land is contiguous to the city and that the comprehensive plan includes the area of annexation;

(ii) 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 the boundary of the city’s area of impact; or

(iii) The lands are those for which owner approval must be given pursuant to subsection (5)(b)(v) of this section.

Requests to “amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property” all fall under “amendments;” this includes annexation.

STEPS IN THE ANNEXATION PROCESS (with emphasis on the timeframe, if any)

NEIGHBORHOOD MEETINGS: Applicants shall conduct a neighborhood meeting within six (6) months of the application submittal date for comprehensive plan amendments, annexations, rezones, variances, conditional uses, zoning ordinance map amendments, and subdivisions. A neighborhood meeting shall not be required for City initiated applications. 8-7-8 B

The neighborhood meeting shall be conducted prior to the submittal of the application. 8-7-8 1.c

GENERAL PROCEDURE FOR AMENDMENTS:

Amendment request goes to P&Z for evaluation based on several criteria.
If request is in accordance with the comp plan, after required notice & public hearing(s), P&Z may recommend & council may adopt or reject the amendment, also after required notice & public hearing(s).
If request is not in accordance with the comp plan, P&Z shall recommend, & council may adopt or reject an amendment to the comp plan after required notice & public hearing procedures in IC 67-6509. 8-7-5 D.1-4

PUBLIC HEARINGS, NOTICE: The commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions. 8-7-5 E

ACTION BY COMMISSION: Recommendation by the Commission

Within forty-five (45) days from the receipt of the proposed amendment, the commission shall transmit its recommendation to the council. The commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment be denied. The commission shall ensure that any recommendations for amendments are in accordance with the following findings: . . . 8-7-5 F

(If P&Z needs changes & the applicant is willing to negotiate, the 45 days may be extended)

ACTION BY COUNCIL: The Council, prior to adopting, revising or rejecting the amendment to this title as recommended by the commission, shall conduct at least one public hearing using the same notice and hearing procedures as the commission. Following the Council hearing, if the Council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the Council adopts the amendment. The City Council shall make findings as required in subsection F of this section. 8-7-5 G

ZONING UPON ANNEXATION

Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission, or the Planning Commission and the Zoning Commission, on the proposed comprehensive plan and changes to this title for the unincorporated area. Each commission and the City Council shall follow the notice and hearing procedures for Zoning Ordinance map amendments set forth in section 8-7-8 of this chapter. Concurrently or immediately following the adoption of an ordinance of annexation, the Council shall amend the comprehensive plan and this title. 8-7-6

NOTICE REQUIREMENTS

PUBLIC HEARINGS: On every land use action for which notice is provided below, both the Planning and Zoning Commission and the City Council shall hold a public hearing in which interested persons shall have an opportunity to be heard. No notice of a City Council hearing shall be given prior to receiving a recommendation from the Planning and Zoning Commission. Following any hearing, if a material change from what was advertised in the notice and presented at the public hearing is proposed, further notice and hearing shall be provided before the final decision is made. 8-7-8 A

NEIGHBORHOOD MEETING NOTICE: Written notice shall be provided by mail a minimum of fifteen (15) calendar days prior to the scheduled neighborhood meeting to all property owners in the proposed area, HOAs contiguous to the proposed area, & any additional area that may be impacted. For application properties which are five hundred (500) acres in size or larger, notice of the neighborhood meeting shall be provided to all property owners within the entire city limits. [More meeting requirements follow] 8-7-8 B.1.a

PUBLISHED & MAILED NOTICE FOR ANNEXATION, etc: At least fifteen (15) calendar days prior to each hearing, notice of the time and place of the hearing and a summary of the request and proposed action shall be published in the official newspaper or paper of general circulation within the city. Notice shall also be made available to other papers, radio, and television stations serving the city for use as a public service announcement.

At least fifteen (15) calendar days prior to the hearing, additional notice shall be provided to political subdivisions providing services, including school districts. Notice by mail shall be provided to all property owners and purchasers of record owning property located within the respective radius of the exterior boundary of the application property as set forth in table D-1. Notice by mail shall also be provided to homeowners’ associations that are contiguous to the exterior boundary of the application property. . . . For application properties which are five hundred (500) acres in size or larger, notice of the public hearing shall be provided to all property owners within the entire city limits. 8-7-8 D

POSTED NOTICE: . . . the land being considered shall be posted not less than ten (10) calendar days prior to the planning and zoning commission hearing and again not less than ten (10) calendar days prior to the city council hearing. 8-7-8 E