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HomeMy WebLinkAboutPH#2 18.28.060CHUBBUCK Memo Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us TO: City of Chubbuck Land Use and Development Commission FROM: Don Matson, Planning Services Manager DATE: July 9, 2024 RE: A petition by City of Chubbuck staff to update City Code: Title 18, Land Use, in response to the recently adopted statute regarding annexations by cities. Title 18.28.060 amending the definition of implied consent, amending the classifications, notice requirements and procedures for annexations, amending city authority in annexing railroad rights-of-way; and adding standards for annexing properties receiving city services. The petition will be reviewed against criteria in section 18.28.050.B.8.b of city code. Type of action: Recommendation. (Action Item) BACKGROUND Statutes regarding annexations and city areas of interest were discussed in the last two sessions of the Idaho legislature. Earlier this year Senate Bill No. 1293 was signed by Governor little, repealing Idaho Statutes Section 50-222, Annexation by Cities, and replacing it with a new Section 50-222. FACTS PETITIONER City of Chubbuck Attn: Community Services Department 290 E Linden Avenue Chubbuck, ID 83202 (208) 237-2430 APPLICABLE LAWS AND PLANS 1. Chubbuck Comprehensive Plan (as amended) 2. Chubbuck City Code • Notices of the hearing provided in accordance with City Code Chapter 18.28.010.B. • Standards for approving a title text or map amendment per City Code Chapter 18.28.050.B.8. 3. As a text change applicable across the entire city, this is a legislative action. PUBLIC COMMENTS: No written comments were received as of this report. POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report. STANDARDS FOR APPROVING A TITLE TEXT AMENDMENT: CRITERIA A — COMMUNITY The proposed text amendment would be in the community's best interest: The proposed change brings Title 18 in step with Idaho Statute 50-222 Annexation by Cities. Without a change no annexation could occur since the action could not satisfy both City Code and Idaho Statutes. CRITERIA B — CONSISTENCY The proposed text amendment is consistent with the existing provisions of the zoning ordinance. The proposed amendment does not conflict with the existing provisions of the zoning ordinance and it brings Title 18 in step with Idaho statute 50-222 Annexation by Cities. CRITERIA C — COMPLIANCE The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. Upon review staff finds no conflict with the Comprehensive Plan (available at https://cityofchubbuck.us/wp-content/uploads/2018/01 /2002-Comprehensive- Plan.compressed.pdf); none of the goals, objectives, or policies appear to have direct application to the proposal. RECOMMENDATION Based on the evidence and analysis above, staff finds that the draft code satisfies the criteria necessary to recommend approval of the amendment to Chapter 18.28.060. A. The proposed text amendment would be in the community's best interest. B. The proposed text amendment is consistent with the existing provisions of the zoning ordinance. C. The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. 194�49-p\- CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Page 2 EXHIBITS 1. Draft Ordinance 2. Draft Ordinance with Underline (additions) and Strikeout (deletions). 3. Senate Bill 1293 REPORT: Don Matson, MSP I AICP Information and comments in this report Planning Manager are based solely upon evidence available at dmatson@cityofchubbuck.us 1 (208) 239-3252 the time of the report. Additional information may be brought to light at or DATE: June 25, 2024 before the hearing. L CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Page 3 CITY OF CHUBBUCK ORDINANCE No. A PETITION BY CITY OF CHUBBUCK CITY STAFF TO UPDATE CITY CODE: TITLE 18, LAND USE, IN RESPONSE TO THE RECENTLY ADOPTED STATUTE REGARDING ANNEXATIONS BY CITIES. TITLE 18.28.060 AMENDING THE DEFINITION OF IMPLIED CONSENT; AMENDING THE CLASSIFICATIONS, NOTICE REQUIREMENTS AND PROCEDURES FOR ANNEXATIONS; AMENDING CITY AUTHORITY IN ANNEXING RAILROAD RIGHTS-OF-WAY; AND ADDING STANDARDS FOR ANNEXING PROPERTIES RECEIVING CITY SERVICES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended 18.28. Section 18.28.060 of Chubbuck Municipal Code is amended as follows: 18.28.060. ANNEXATIONS: A. Applicability: This section implements the expressed policy of the State of Idaho that cities of the State should be able to annex lands which are reasonably necessary to assure the orderly development of Idaho's cities to allow efficient and economically viable provision of tax - supported and fee -supported municipal services, to enable the orderly development of private lands which benefit from the cost-effective availability of municipal services in urbanizing areas, and to equitably allocate the costs of public services in management of development on the urban fringe. The corporate boundary of the City may be expanded whenever the Council deems it to be for public convenience or necessity or for the general welfare. This section shall apply to all lands which can annex by State law in accordance with its procedures under Idaho Code 50-222. B. Implied Consent: For purposes of this section, prior consent to annex shall be deemed given when a property has been connected to a City water or wastewater collection system if the connection was requested in writing by the owner or the owner's authorized agent prior to July 1, 2024, or if the connection was completed prior to July 1, 2008. C. Approval by Ordinance: Annexations shall become effective when the Council adopts an ordinance and upon summary publication. D. Annexation or Written Consent to Annex Required before Providing City Facilities and Services: Prior to providing municipal facilities or services, the city will require annexation of those eligible properties and if not eligible, written annexation consents to be recorded with the County Recorder's office and evidence of the instrument provided to the city. E. Application: A request for the annexation of property into the city may be initiated as outlined in Idaho Code Title 50, Chapter 2. In the case of non -City initiated annexations, an annexation application shall be filed and include all information required by the CSD and fees as required by resolution adopted by the Council, along with any other information required by the same chapter of Idaho Code. All annexation applications shall be accompanied by a separate application for an initial zoning designation pursuant to the requirements of Section 18.28.050; the Council shall not review an annexation application until it has received an initial zoning designation recommendation from the Commission. F. Annexation Classifications, Notice, and Procedure: 1. Annexation with Consent: In the case of prospective annexations where all landowners of the subject property have requested annexation, or have given consent or where implied consent has been given, the annexation is deemed one of consent and no notice, hearing, or annexation plan are required pursuant to Idaho Code 50-222(5)(a) provided, however, that an initial zoning designation, and comprehensive plan designation if the property does not have one, shall follow notice and hearing procedures of this Title and be approved with the annexation ordinance, or immediately following it. 2. Enclave Annexations: In the event that an annexation is proposed for residential enclaved lands surrounded entirely by the city or lands which cannot be legally or physically annexed, and which have thirty (30) or fewer privately owned parcels, no notice, hearing, or annexation plan are required pursuant to Idaho Code 50-222(5)(b) provided, however, that an initial zoning designation, and comprehensive plan designation if the property does not have one, shall follow notice and hearing procedures of this Title and be approved with the annexation ordinance or immediately following it. 3. Other Annexations: Annexations not meeting the standards of subsections 1 and 2 above shall follow the annexation procedures established in Idaho Code 50-222 including providing an annexation plan, written notice, and public hearings with both the Land Use and Development Commission and the City Council. G. Standards for Approving Annexations: 1. Standards for Approving an Annexation: Annexation may be approved by the City Council if affirmative written findings of fact are made on each of the following standards: a. The land is contiguous or adjacent to the City boundary. b. All portions of highways, streets, or roadways lying wholly or partially within an area to be annexed shall be included within the area requested for annexation unless expressly agreed between the city and the county. If a property has an adjacent railroad, the annexation boundary shall include the railroad right-of-way as directed by the Community Services Director. c. The annexation meets the requirements under Idaho Code. d. Annexation of the land is in the best interest of the City. Suggested considerations to evaluate for this criteria include: (1) Revenue generated by property taxes will exceed long-term costs associated with maintenance and provision of services and facilities. (2) The advantages both to the City and to the area outweigh the disadvantages. (3) If previously developed, the area has the opportunity to be redeveloped or to develop at higher intensity. (4) If expenses required to bring the properties to city standards exceed anticipated property tax income, the residents and/or Council agree to form a local improvement district. (5) Annexation is equitable and fair to existing residents; and (6) Annexation would address a public health concern. e. The land can be served currently, or within a reasonable time, by essential urban services. If existing structures being annexed are not connected to city culinary water or sanitary sewer, and are connected to private wells and/or septic systems, each property owner will connect to city utilities, at their own cost, when city utilities are within three hundred feet (300') of the nearest property line upon which such building or structure is situated. The connection must be completed within six (6) months of annexation or extension of the city utilities, to within three hundred feet (300') of the nearest property line upon which such building or structure is situated, whichever occurs later. The city may, depending on the equivalent dwelling units utility consumption on the property, require connections sooner or at a longer distance than the aforementioned three hundred feet (300') by the annexation ordinance for the property. f. A zoning district will be assigned via ordinance at the same time, or immediately following, the annexation approval. g. The annexation does not annex any lands prohibited by Idaho Code 50-222. (Ord. 832, 2021: Ord. 845 § 13, 2022) ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the city and any provision of the Municipal Code which conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this Ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval, and publication. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of , 2024. Kevin B. England, MAYOR ATTEST: Joey Bowers, CITY CLERK CITY OF CHUBBUCK ORDINANCE No. A PETITION BY CITY OF CHUBBUCK CITY STAFF TO UPDATE CITY CODE: TITLE 18, LAND USE, IN RESPONSE TO THE RECENTLY ADOPTED STATUTE REGARDING ANNEXATIONS BY CITIES. TITLE 18.28.060 AMENDING THE DEFINITION OF IMPLIED CONSENT; AMENDING THE CLASSIFICATIONS, NOTICE REQUIREMENTS AND PROCEDURES FOR ANNEXATIONS; AMENDING CITY AUTHORITY IN ANNEXING RAILROAD RIGHTS-OF-WAY; AND ADDING STANDARDS FOR ANNEXING PROPERTIES RECEIVING CITY SERVICES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended 18.28. Section 18.28.060 of Chubbuck Municipal Code is amended as follows: 18.28.060. ANNEXATIONS: A. Applicability: This section implements the expressed policy of the State of Idaho that cities of the State should be able to annex lands which are reasonably necessary to assure the orderly development of Idaho's cities to allow efficient and economically viable provision of tax - supported and fee -supported municipal services, to enable the orderly development of private lands which benefit from the cost-effective availability of municipal services in urbanizing areas, and to equitably allocate the costs of public services in management of development on the urban fringe. The corporate boundary of the City may be expanded whenever the Council deems it to be for public convenience or necessity or for the general welfare. This section shall apply to all lands which can annex by State law in accordance with its procedures under Idaho Code 50-222. B. I+ier Implied Consent: For purposes of this section, prior consent to annex shall be deemed given when e .idenee by . ,-i4e, a-ut ,er-i,atio., „ approvalo „toa by the ownef of ownef's- auther-ized wastewater- systems epefated by the City if the eenneetion was requested in writifig by the owner-, or- the owner's authorized agefA, or- eempleted before 1uly 1, 2008 and for- lands s*eet to , assigns of lands in the eensent. Lands need not be eentipetis of adjaeen4 to the eit-y limits at the annex; provided until stle > > land i ee ,ms E .,djaem to the eity limits. aproperty has been connected to a City water or wastewater collection system if the connection waLfequiredrequested in writing b owner or the owner's authorized agent prior to July 1, 2024, or if the connection was completed prior to July 1, 2008. C. Approval by Ordinance: Annexations shall become effective when the Council adopts an ordinance and upon summary publication. D. Annexation or Written Consent to Annex Required before Providing City Facilities and Services: Prior to providing municipal facilities or services, the city will require annexation of those eligible properties and if not eligible, written annexation consents to be recorded with the County Recorder's office and evidence of the instrument provided to the city. E. Application: A request for the annexation of property into the city may be initiated as outlined in Idaho Code Title 50, Chapter 2. In the case of non -City initiated annexations, an annexation application shall be filed and include all information required by the CSD and fees as required by resolution adopted by the Council, along with any other information required by the same chapter of Idaho Code. All annexation applications shall be accompanied by a separate application for an initial zoning designation pursuant to the requirements of Section 18.28.050; the Council shall not review an annexation application until it has received an initial zoning designation recommendation from the Commission. F. Annexation Classifications, Notice, and Procedure: 1. Annexation with Consent: In the case of prospective annexations where all landowners of the subject property have requested annexation, or have given consent or where implied consent has been given, the annexation is deemed one of consent and no notice, hearing, or annexation plan are required pursuant to Idaho Code 50-222(5)(a) provided, however, that an initial zoning designation, and comprehensive plan designation if the property does not have one, shall follow notice and hearing procedures of this Title and be approved with the annexation ordinance, or immediately following it. 2. Enclave Annexations: In the event that an annexation is proposed for residential enclaved lands surrounded entirely by the city or lands which cannot be legally or physically annexed, and which have thirty30) or fewer privately owned parcels, no notice, hearing, or annexation plan are required pursuant to Idaho Code 50-222(5)(b) provided, however, that an initial zoning designation, and comprehensive plan designation if the property does not have one, shall follow notice and hearing procedures of this Title and be approved with the annexation ordinance or immediately following it. 3. Other Annexations: Annexations not meeting the standards of subsections I and 2 above shall follow the annexation procedures established in Idaho Code 50-222 including providing an annexation plan, written notice, and public hearings with both the Land Use and Development Commission and the City Council. G. Standards for Approving Annexations: 1. Standards for Approving an Annexation: Annexation may be approved by the City Council if affirmative written findings of fact are made on each of the following standards: a. The land is contiguous or adjacent to the City boundary. b. All portions of highways, streets, or roadways lying wholly or partially within an area to be annexed shall be included within the area requested for annexation unless expressly agreed between the city and the county. If a property has an adjacent railroad, the annexation boundary shall include the railroad richt-of-wav as directed by the Community Services Director. c. The annexation meets the requirements r^r its Annexation Glassi fie atie under Idaho Code. d. Annexation of the land is in the best interest of the City. Suggested considerations to evaluate for this criteria include: ON M., - - ------- ----- G. Standards for Approving Annexations: 1. Standards for Approving an Annexation: Annexation may be approved by the City Council if affirmative written findings of fact are made on each of the following standards: a. The land is contiguous or adjacent to the City boundary. b. All portions of highways, streets, or roadways lying wholly or partially within an area to be annexed shall be included within the area requested for annexation unless expressly agreed between the city and the county. If a property has an adjacent railroad, the annexation boundary shall include the railroad richt-of-wav as directed by the Community Services Director. c. The annexation meets the requirements r^r its Annexation Glassi fie atie under Idaho Code. d. Annexation of the land is in the best interest of the City. Suggested considerations to evaluate for this criteria include: (1) Revenue generated by property taxes will exceed lengte long-term costs associated with maintenance and provision of services and facilities. (2) The advantages both to the City and to the area outweigh the disadvantages. (3) If previously developed, the area has the opportunity to be redeveloped or to develop at higher intensity. (4) If expenses required to bring the properties to city standards exceed anticipated property tax income, the residents and/or Council agree to form a local improvement district. (5) Annexation is equitable and fair to existing residents; and (6) Annexation would address a public health concern. e. The land can be served currently, or within a reasonable time, by essential urban services. If existing structures being annexed are not connected to city culinary water or sanitary sewer, and are connected to private wells and/or septic systems, each property owner will connect to city utilities, at their own cost, when city utilities are within three hundred feet (300') of the nearest property. line which such building or structure is situated. The connection must be completed within six (6) months of annexation or extension of the city utilities, to within three hundred feet (300') of the nearest property line upon which such building or structure is situated, whichever occurs later. The city may, depending on the equivalent dwelling units utility consumption on the property= require connections sooner or at a longer distance than the aforementioned three hundred feet (300') by the annexation ordinance for the property_ f. A zoning district will be assigned via ordinance at the same time, or immediately following, the annexation approval. g. The annexation does not annex any lands prohibited by Idaho Code 50-222. (Ord. 832, 2021: Ord. 845 § 13, 2022) ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the city and any provision of the Municipal Code which conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this Ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval, and publication. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of , 2024. Kevin B. England, MAYOR ATTEST: Joey Bowers, CITY CLERK 1 2 3 4 5 6 7 8 9 10 11 12 13 LEGISLATURE OF THE STATE OF IDAHO Sixty-seventh Legislature Second Regular Session - 2024 IN THE SENATE SENATE BILL NO. 1293, As Amended, As Amended in the House BY LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT RELATING TO CITY ANNEXATIONS; REPEALING SECTION 50-222, IDAHO CODE, RELAT- ING TO ANNEXATION BY CITIES; AMENDING CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-222, IDAHO CODE, TO PROVIDE LEG- ISLATIVE INTENT, TO DEFINE TERMS, TO PROVIDE REQUIREMENTS FOR CITIES TO ANNEX LAND, TO PROVIDE FOR A WRITTEN ANNEXATION PLAN, TO PROVIDE EXCEPTIONS, TO PROVIDE FOR AN ANNEXATION ORDINANCE IN CERTAIN CIRCUM- STANCES, TO ESTABLISH PROVISIONS REGARDING THE ANNEXATION OF HIGHWAYS, FAIRGROUNDS, AIRPORTS, RECREATIONAL AREAS, RAILROAD RIGHTS-OF-WAY, AND AGRICULTURAL OR FOREST LAND, TO PROVIDE FOR JUDICIAL REVIEW, AND TO PROVIDE APPLICABILITY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 50-222, Idaho Code, be, and the same is hereby 15 repealed. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 SECTION 2. That Chapter 2, Title 50, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and des- ignated as Section 50-222, Idaho Code, and to read as follows: 50-222. ANNEXATION BY CITIES. (1) Legislative intent. It is the in- tent of the legislature to honor the right of private landowners to have a voice in their own governance, to minimize conflict between citizens and mu- nicipalities, to provide a mechanism for the orderly development of Idaho cities, including the efficient and economically viable provision of tax - supported and fee -supported municipal services, to enable the orderly de- velopment of private lands that benefit from cost-effective availability of municipal services in urbanizing areas, and to equitably allocate the costs of public services in managing development on the urban fringe. (2) Definitions. For purposes of this section: (a) "Consent" means a written document executed by the landowner or the landowner's authorized agent explicitly agreeing to annexation. Written consent to annex lands must be recorded in the county recorder' s office to be binding upon subsequent purchasers, heirs, or assigns of lands addressed in the consent. (b) "Contiguous" means sharing a common border. For the purpose of this section, land is not contiguous if the only common border is along a shoestring connection. (c) "Implied consent" means that valid consent to annex is implied for the area of all lands connected to a water or wastewater collection sys- tem owned and operated in its entirety by the city if the connection was requested in writing by the owner or the owner' s authorized agent prior to July 1, 2024, or if the connection was completed before July 1, 2008. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2 (d) "Landowner" means a person owning real property in the area pro- posed for annexation. (e) "Planning and zoning commission" means the entity performing plan- ning and zoning duties for the city, which may be the city council it- self, a planning commission, a zoning commission, or a planning and zon- ing commission. (f) "Subject land" means an area proposed for annexation by a city pur- suant to this section. (3) Requirements. Except as provided in subsection (5) of this sec- tion, no city of this state shall annex land unless and until the following requirements are met: (a) The subject land is contiguous to or surrounded by the city, except as provided in subsections (7) , (9) , or (11) of this section; (b) The city notifies each landowner and the board of county commis- sioners of its intent to annex the subject land. Such notification shall: (i) Include a summary of the annexation plan; (ii) Advise landowners of their right to give or withhold consent; (iii) Include a description of how consent can be made, where it should be filed, and the deadline for such filing, which shall be no later than forty-five (45) days after the date of notification; (iv) Include information about where the entire record of the pro- posed annexation may be reviewed; and (v) Include a legal description of the subject land and a simple map depicting the location of the subject land; (c) The city publishes notice of its intent to annex the subject land. In providing notice, the city shall comply with the notice and hearing procedures governing a zoning district boundary change as set forth in chapter 65, title 67, Idaho Code, unless otherwise provided in this sec- tion, on the question of whether the subject land should be annexed and, if annexed, the zoning designation to be applied to the subject land. The initial notice of public hearing concerning the question of annexa- tion and zoning shall be published in the official newspaper of the city and mailed by first class mail to every landowner of property included in the annexation proposal at least 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; (d) The city council adopts a written annexation plan; (e) Subsequent to publishing notice of intent and a written annexa- tion plan, the city council and the planning and zoning commission each holds a public hearing on the proposed annexation, pursuant to section 67-6525, Idaho Code, at which landowners and city residents are af- forded an opportunity to testify for or against annexation. Provided, however, if a city performs its own planning and zoning functions with- out a commission, the two (2) public hearings required by this paragraph may be combined into one (1) public hearing, but in such case, the no- tice to landowners required by paragraph (c) of this subsection must be mailed at least forty-five (45) days prior to the public hearing; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 3 (f) Landowners representing sixty percent (60%) of the parcels and at least fifty percent (500) of the area proposed for annexation give vol- untary consent as defined in subsection (2) of this section and record such consent with the county recorder's office for the county in which the property is located. (4) Written annexation plan. The written annexation plan required by subsection (3) of this section shall describe: (a) The manner of providing tax -supported municipal services to the subject land; (b) The changes in taxation and other costs that would result if the subject land were to be annexed; (c) The means of providing fee -supported municipal services, if any, to the subject land; (d) An analysis of the potential effects of annexation on other units of local government that currently provide tax -supported or fee -supported services to the subject land; (e) The proposed future land use plan and zoning designation or desig- nations, subject to public hearing, for the subject land; and (f) A statement of the public purposes that would benefit from annexa- tion. (5) Exceptions. (a) Annexation with consent. In the case of a prospective annexation where all landowners of the subject property have requested annexation or where consent has been given by the landowner or landowners of a con- tiguous parcel or parcels or where implied consent has been given, the provisions of subsections (3) and (4) of this section shall not apply. In such a case, the subject land may extend beyond the city area of im- pact if the land is contiguous to the city and the comprehensive plan in- cludes the area of annexation. Lands need not be contiguous to the city limits at the time a landowner consents to annexation for the property to be subject to a valid consent to annex, but no annexation of lands may occur, regardless of consent, until such land becomes contiguous to the city. Upon determining that a proposed annexation meets the require- ments of this subsection, 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 clas- sification of the lands to be annexed. (b) Enclaves. The provisions of subsections (3) and (4) of this section shall not apply to the annexation of any residential enclaved lands of thirty (30) or fewer privately owned parcels that are surrounded on all sides by lands within a city or lands that cannot legally or physically be annexed. (6) Ordinance. If all requirements provided in subsection (3) or (5) of this section are satisfied and the city agrees to the annexation, then the city council shall enact an annexation ordinance. (7) Highways. In any annexation proceeding, all portions of highways lying wholly or partly in the subject area shall be included in the area an- nexed unless there is an express agreement otherwise between the city and the governing board of the highway agency providing road maintenance at the time of annexation. Provided, however, no city council may annex property 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 M if the property will be connected to the city only by a shoestring connection or strip of land comprising the highway's right-of-way in order to establish contiguity. (8) Fairgrounds. Property that is used as a fairground pursuant to the provisions of chapter 8, title 31, Idaho Code, or chapter 2, title 22, Idaho Code, shall not be annexed unless the annexation is approved by a majority of the board of county commissioners of the county in which the property lies. (9) Airports. A city may annex land that is not contiguous to the city itself if such land is occupied by a municipally owned or operated airport or landing field. A city may not annex any land contiguous to the airport or landing field unless the land may otherwise be annexed pursuant to this sec- tion. (10) Recreational areas. 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 to be annexed by a city. (11) Railroad rights-of-way. A 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. Provided, however, no city council may annex property if the property will be connected to the city only by a shoestring connection or strip of land comprising the railroad right- of-way. (12) Agricultural or forest lands. In addition to the requirements set forth in this section, the following lands may not be annexed without the ex- press written permission of the landowner: (a) Land, if five (5) acres or greater, actively devoted to agriculture as defined in section 63-604 (1) , Idaho Code, regardless of whether such land is surrounded or bounded on all sides by lands within the city; and (b) Land, if five (5) acres or greater, actively devoted to forest land as defined in section 63-1701, Idaho Code, regardless of whether such land is surrounded or bounded on all sides by lands within the city. (13) Judicial review. In the case of a city -initiated annexation, the decision of a city council to annex and zone land 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. An appeal shall be filed by an affected person in the appropriate dis- trict court no later than twenty-eight (28) days after the date of publica- tion of the annexation ordinance and shall be heard by the district court at the earliest practicable time. All cases in which there may arise a question of the validity of any city -initiated 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. (14) This section applies to annexations occurring on and after July 1, 2024. It does not invalidate or affect consent, including implied consent, obtained or annexations undertaken lawfully according to the laws in effect at the time of such consent or annexations. 5 SECTION 3. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after July 1, 2024.