Item 1: Ordinance Concerning the Transition of Annexation Procedures

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ATTACHMENT C Planning Commission Recommendations On October 29, 2007, the Planning Commission recommended adoption of an ordinance concerning transition of annexation procedures. In taking this action, the Planning Commission also recommended the City Council consider several revisions to the draft ordinance. The Planning Commission’s recommended revisions are listed below. For purposes of the Council’s November 19, 2007, public hearing, staff has provided the Council with an updated version of the draft ordinance which incorporates those Planning Commission recommendations that simply address an error in the previous draft or the need for clarification. Those Planning Commission recommendations that have been incorporated into the 11/19/07 draft ordinance are indicated, below with an asterisk (*) and are not ‘called out’ in the comment section of the 11/19/07 draft ordinance. 1. Increase the public notice requirements as follows: a. EC 9.7820(1)(c): Require 30 days notice, rather than 10 days, prior to the date the council considers the planning director’s recommendation. b. EC 9.7820(1)(c)(2): Require public notice to owners and occupants within 500 feet of the subject property, rather than 100 feet. c. EC 9.7820(2)(d)(1): Require 30 days notice, rather than 14 days, prior to a public hearing. *d. EC 9.7820(2)(d)(3): Require at least one of the 4 posted notices to be located near the subject property. *2. Revise the ordinance title to include more information. *3. Clarify the meaning of the word “territory”. *4. EC 9.7835(2): Include language to ensure that affected service districts receive notice of the public hearing regarding withdrawal from service districts. 5. Consider adding standards to clarify the circumstances under which the City Council will require a public hearing for a double-majority annexation application. *6. Clarify the relationship between the general Chapter 9 definition of “owner” and the definition provided for purposes of the annexation provisions. *7. EC 9.7810(4): Ensure that the city cannot rely on an expired annexation agreement as “consent.”