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Planning commission recommends annexation of 2.23‑acre River Road parcel with conditions including 100‑ft setback and water‑right dedication
Summary
The commission recommended that City Council approve annexation of a roughly 2.23‑acre parcel on River Road (Grant B. Kohler Trust / Chad Hemmer) to Midway with conditions: dedication of required water rights prior to subdivision plat recording, a proposed 100‑foot setback from River Road for future structures, no new River Road driveway access, and a park donation fee calculated by acreage.
The Midway Planning Commission recommended approval to the City Council of an annexation petition for a roughly 2.23‑acre parcel at 970 River Road, submitted on behalf of Grant B. Kohler Trust and Chad Hemmer.
Staff said the parcel is within Midway’s growth boundary and that the current county zoning (RA1) and requested Midway zoning (RA1‑43) both allow one dwelling per acre. Staff explained annexation is a legislative action that gives Midway broad discretion to set conditions through an annexation agreement and recommended several conditions: dedicating all required water rights before the subdivision plat is recorded (staff said the applicant must provide necessary culinary and secondary water rights), requiring a 100‑foot setback from River Road for any new structure in the annexation area to preserve the entry corridor, and prohibiting additional driveways onto River Road (both new lots would access an existing driveway).
Park donation fee and timing: staff said the city has historically calculated a park donation fee by acreage and presented a figure based on prior annexations (approximately $1,330) to be paid prior to recording the annexation plat. Commissioners discussed whether to ask City Council for a larger, uniform fee or to consider changes by ordinance; staff recommended case‑by‑case consideration for annexations.
Public comment and applicant representation: Paul Berg, representing the petitioners, told the commission the parcel is a small family tract intended for a home and asked that the process be kept straightforward. "It's only one home... It's really for one of the Kohler's daughters to build a house next to her other sister and her brother," Berg said.
Motion and outcome: after public comment and discussion, a commissioner moved to recommend approval with staff findings and conditions; the motion was seconded and the commission voted to recommend annexation to City Council.
What to watch next: City Council must consider the annexation in its public hearings; staff must receive the required water‑rights dedication and a recorded annexation plat before subdivision of the property can proceed.
