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HomeMy WebLinkAboutPacket from Mountain View Equipmenttu`ti~~Il3l'I" 3,1`tirl, ~"If+C)I":°1~'~"~~,~i"~ '1'Ii~:'4~" 1':C~IsI~'ibIF;N"1' 1~tericlian A«ne~:~#ion Sutnrr~ar~~ f~f .3rL>~mlents against <~lilne~~}tiut7 =t I~a~es Aropel-ty L~)ett~ils - ~d~i C'ounty ~5sess~r _ 3 pages 3. Idaho St.at~ie Sf)-?22, flnnexation b~~ C'iiies - 5 pads ~. 1~n~~endn~el~t ~~riginal 2002 Bill. including CUrnnlitzee mix7utes - ~ pages. 5. 20O~ r'~mend~7~c~nt t<_a 2002 ~nr~exatic~n with Cc~rtitztittee minutes - 20 pages h. C)rigit~at ?002 ~ri3~sexatian Bill ~4~it17 I_egisla2i~e tlisfory - 4l pages 7. I~leridian ~'asie t~'atcr I'rc;tre~~trrreni t)rdinance. ~h~~ble cif C~'an'telxts C)nly 4 pages MOUNTAIN VIEW EQUIPMENT Meridian Annexation 1. Subject site consists of three (3) county tax parcels totaling 11.682 acres. 2. S1213438620,S1213438485,51213438425. 3. Subject site is not connected to any billable city services, water or sewer. 4. Subject has received any water or sewer billing from Meridian City. 5. Subject receives same fire protection as all properties inside and outside city. 6. Subject pays Meridian Rural Fire in their annual property taxes. 7. Subject cannot be connected to city sewer without installation of a private lift station. 8. Subject site would require sewer line easements from adjoining land owners to receive gravity flow sewer connection. 9. Subject does not require any city services, nor uses any city services. 10. Subject has private well licensed for domestic and commercial uses. 11. Subject has private septic system in compliance with all regulations. l2. Majority of site is for agricultural equipment inventory storage. 13. Only a portion of building is fire protected with sprinklers. Connection to a fire hydrant is .Consent in Idaho Statue 50-222 (4), means nothing more than being connected to city domestic water and/or sewer service and receiving a billing from the city. City of Meridian does not bill Meridian Fire for any water usage to fight fires, either inside or outside the city limits. This was confirmed with Fire Marshall Joe, by phone on 01/02/2009. Since there is no billing, either to the subject parcels, or a pass through billing to Meridian Fire Department for fire protection, there is no contract, either written or implied to create consent. The Idaho Statute is very clear. The legislative intent, . The cost of fire protection is equitably allocated since the subject has been and is currently taxed for fire protection. (See Ada County Tax District summaries) The subject is not using billable sewer or domestic water which was the intent of the legislation. y the legislative intent. fhe subject parcels are not a Category A Annexation" The current statute was implement in 2002 and revised in 2008. A close reading of all legislative documents, beginning with the introduction, legislative minutes, committee hearings, and comments submitted; does one find any reference to fire protection, or even to commercially zoned property. Since these references are completely omitted, the only assumption one can derive from the Legislative history, . Reverting back to the original language in the 2002 bill, . The subject does not receive any billable municipal services. Only service is fire protection which all properties receive inside and outside city limits, all served by the same Fire Department. The subject already pays for this fire protection through its property tax payments. Also, there was a key amendment made to the 2002 bill which is the basis of the current 2008 statute. "On page 2 of the engrossed bill, in line 9, delete and insert . This subject is clearly nonagricultural and it is clearly not residential. Therefore, the only conclusion that can be drawn is that the subject commercial use was never intended to be a Category A property which can be annexed without owner consent. Consent was never implied either by a billing contract or implied by receiving fire protection which the subject enjoys through payment of property taxes to the Meridian Rural Fire Tax District. We respectfully request that the City Council reject the recommendations of city staff and remove these tax parcels from annexation. Our argument is based and the intent of the statue and the fact that the subject property is not placing any burdens or receiving any enjoyment of city services which are tax supported or creating any inequitable allocation. O BILLS - NO ANNEXATION under Idaho Statute 50-222. Mountain View History: This company has been a good corporate citizen that provides good jobs both here in Meridian and outside the area. Their primary product is the importation, sale and repair of specialized forage harvesters. As the agricultural base has declined in western Idaho, the Magic Valley, the Columbia River Basin in Washington, the California central valley and Mexico is now their primary customer base. Most of the equipment sold never arrives at their Meridian location and they have repair facilities in Jerome and the Columbia River Basin. The current site is primarily a parts warehouse and place to complete major repair and overhaul of equipment which is transported to Meridian. With the changing times, and the ever increasing value of their Meridian land, they must continually ask themselves whether this primary location should be relocated closer to their customers and where land costs (tax burdens) are less. With the changing highest and best use of their current Meridian location, it will only be a matter of time before this business will be required to relocate outside of Meridian. The additional tax burden from annexation doesn't seem like much money. However, it is very dependant on future tax rates and assessed valuations. Over time, their tax burden will be the deciding factor in their decision to relocate and hence, Meridian will lose a good employer. Meridian will ultimately get to annex the subject land upon its conversion and redevelopment to new uses in due course of time. Sewage Disposal: The subject currently operates on a private septic system in compliance with all applicable regulations. Their system is designed for the removal of large amounts of organic matter which is removed from the equipment prior to servicing and repair. Should the subject be required to connect to city sewer, under Ordinance Ol -906, Waste Water Pretreatment, there may be considerable costs for Mountain View Equipment in the pretreatment of their waste water before acceptance of water into city sewer system. Note: We have not analyzed or consulted as to the specific requirements to comply and the specific costs of compliance are completely beyond our expertise. Mountain View Equipment Tax Summary 2007 Zoos % Parcel No. Acres Assessed Value Assessed Value Increase 51213438620 10.081 $2,116,600 $2,320,300 9.62% S1213438485 0.910 $173,400 $194,200 12.00°~ S1213438425 0.691 $131,700 $147,500 12.00% TOTALS 11.682 $2,421,700 $2,662,000 9.92% 2008 Levy Rate Meridian City 0.002855088 Meridian Fire 0.002131474 Tax impact graph attached as exhibit. The increased of the tax burden increases over time based on the statutory 3% annual budget increase. It is even greater if the subject, being commercial, the assessed value increases at a greater percentage than the city other commercial or residential property. v m v u C Q a° 3 v a L V C m O M t w '~ h~ Property Details for Parcel 51213438620 and Year 2008 Parcel: 5.1::1.3438620 ~JOS `~~ - Year: Zone Code: ~_ -- .>.. ~ ,.~~..:..^..~.: .-• ..: ., , .:... - - -.. Total Acres: ;11.081 r Tax Code Area: ~. - Property pestr..ption- ~ y'l.~ E'AN 4F~ ~ ~4 ~ ~.. r S ~ . ~ , ~~ .__. r IT' Address: ~~v ~. _.~~~,..,~•.. _~.- ••.-•~ Subdivision: 3N 1W 1 Land Group Type: aEC?' Township/Range/Section: _.': P1 '.' Valuation Details Role SCC Primary 130 COMME2'.~IAi. 'P f-'ACT Primary 350 COM 1Mk'FOVFIM EP~]T luation History aar Value l06 ~ _ , l07 5_,110,600 x Districts Tax Levy istrict Description .a_,~ ~i1N-PF „~~:o,i ~. IE:S'I ~.:<'PERMINATICN 0.00010792: EMERGENCY MEDICAL O.OCD90953~ ADA COUNTY HIGHWAY DIST 0.0035x3071 SCHOOL DTSTRIC'C NO. _ O.C00958147 MERIDIAN LIHRARY 9 0.000037841 MEF.I DIAN CEMETERY U O.OU2131974 MERIDIAN FIRE 0.000036%18 MCSQDITO AA A'C EMENT 6 0.00006735 WESTERN ADA RECP.EATIDN UU 0.000112395 al _ :v: .. 'i ~r LOLL F.GE OF WF.STEF.H IDA Hid _ . fixes, Certifications, and Fees Year Total Taxes Taxes Paid Taxes Due .,_.855.54 ~.00~? ~Zv, 165.20 ,'L ..: J, le~`-. .'0 su.!10 Assessed Acreage Value 0.0 >169,r,OC Valuation Code Area Method Phone ?CR-5'17-4696 208-287-2950 208-397-6110 2G8-855-4500 208-688-9451 zoa-aee-s_si 2U8-ddb-1234 ~'OS-577-4696 208-687-1730 208-562-3'99 Tax Data Delinquent Current as of u„ Ji. No vl/Ol/'Giiy .~ Property Details for Parcel 51213438485 and Year 2008 Parcel : ., ~- ~ ~~a ~syo~ Year : .' ~l J'r% Zone Code: ~. Total Acres: P.91 Tax Code Area: '~1 '. Property Description: PAR NI+d!i `, ,_~F 3W4SE4 #893508a Address: 4! ~ ~~~!-: Lfi H' RU BOISE ID 83 Subdivision: '. Ii . 'r . . Land Group Type: ..:~..:?' Township/Range/Section: 3NiW13 Valuation Detail Role Rrrmary Valuation History Year Value .. ,.. ...^4, _. _'OO7 $173,400 2006 5159,600 'DOS 5138,?00 2009 5114,000 2003 5119, DOD 200' S94,lOG '_OOi 599,]00 2000 845,500 Assessed valuation Acreage value Method Code Area Tax Districts Tax L Descri tion Phone Distri evy ct p INTY ~:O Y ii- '8i-%000 __ ~.Lti ~ 0. CMG O11%U.` ADA I PEST EXTERMINAT L:?N _ .'u h -',77-9640 3 0.000107523 EMERGENCY MEDICAL 2C8-287-;?950 6 0.000905533 ADA COUNTY HIGHWAY DIST 208-387-6120 8 0.003583071 SCHOOL DISTRICT NO. 2 308-855-9500 12 D.000958197 MERIDIAN LIBRARY' Z08-886-4951 24 0.000037841 MEFIDIAN CEMETERY 208-866-5133 30 0.002131974 MERIDIAN FIRE 208-888-1234 93 0.00003316 MOSQOITC( ABATEMENT 208-57~-4n96 4u O.OOOOb735 WESTERN ADA RECREATION 208-887-1730 100 0.00011'395 COLLEGE OF WESTERN IUAHO 208-56~-3249 Taxes, Certifications, and Fees Year Total Taxes Taxea Paid Taxes Du e Delinquent Tax Data Current as of -. ~ _ IJ 1 '00, ?nnc. S1,6SL 0~ s~ Fa7 ~ ;1,~b~.0~ S~~.uO S1.F47 SO.OC No O1/O1/20J4 No 01!01/2009 .~ ,fir. Property Details for Parcel 51213438425 and Year 2008 Parcel: .,~_'!'43R925 Year: ::_u0E Zone Code: ., Total Acres: G.691 Tax Code Area: 24_' Property Description: ~ v .~.:, ~._.:~,~~' ;~•: - s PA F. #89'5 PO R. OF' - s - - _ SW4SW9SE4 s SEC 13 3N 1W ~~ .. Address: W .'. ._4 `:D RD MERIDIAN ID 83f Subdivision: _~ ': Pi 13 Land Group Type: .SEC 4' Township/Range/Section: 3N1W L Valuation Details Role SCC /aluation History Year Valve 'OCI, $1i1,70~- Acreage Assessed Valuation Code Area Value Method Tax Districts Tax Levy Description Phone District ~ Ju ^;~1, ~,__ PE:"~ E7.IDR~'~tINATiOK Ub-4b9n 3 0.0001079 3 eMERGEIJCY MEDICAL 208-287-2950 6 O.GOOy09533 ADA COUNTY HIGHWAY' DIST 208-387-6120 8 0.00.3583071 S!'HOUL DISTRICT NO. _. 208-855-9500 12 0.000458197 MERIDIAN LIBRARY 208-688-9951 _'9 0.000037891 MERIDIAN CEMETERY' 208-88H-5133 30 0.002131474 MERIDIAN FIRE 208-888-1234 9.i !. GGOO~c~18 MuSQUITO ABATEMEt:T _08-577-9c9o '?6 O.G0006735 WESTERN ADA RECREATION 206-887-130 100 0.000112395 COLLEGE OF WESTERLJ TDAHO 209-562-3299 Taxes, Certifications, and Fees Year Total Taxes Taxes Paid Taxes Due Delinquent Tax Data .'00• Si, 59..+ ,.59..•1 SU.UO Current as tJo O1/0:!OuS Idaho Statutes ~-- TITLE 5U MUNICIPAL CORPORATIONS CHAPTER 2 GENERAL PROVISIONS -- GOVERNMENT -- TERRITORY 50-222. ANNEXATION BY CITIES. ('_) Legislative intent. Theiegislature ~reby declares and determines that it is the policy of the state of Idaho gat cities of the state should be able to annex lands which are reasonably ~cessary to assure the orderly development of Idaho's cities in order to .low efficient and economically viable provision of tax-supported and ~e-supported municipal services, to enable the orderly development of private Inds which benefit from the cost-effective availability of municipal services r urbanizing areas and to equitably allocate_ the costs of public services in inagement of development on the urban fringe. (2) General authority. Cities have the authority to annex land into a ty upon compliance with the procedures required in this section. In any rnexation proceeding, all portions of highways lying wholly or partially .thin an area to be annexed shall be included within the area annexed unless <pressly agreed between the annexing city and the governing board of the ~ghway agency providing road maintenance at the time of annexation. Provided rrther, that said city council shall not have the power to declare such land, its or blocks a part of said city if they will be connected to such city only a shoestring or strip of land which comprises a railroad or highway ~ght-of-way. (3) Annexation classifications. Annexations shall be classified and °ocessed according to the standards for each respective category set forth 'r.ein. The three (3) categories of annexation are: (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) A_ny_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 ,~ al.] sides by ].ands 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. (b) Category B: Annexations w erein: (i) The subject lands contain less than one hundred (100) separate private ownerships ar~d platted lots of record and where not all such landowners have consented to annexation; or (ii) 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 (50z) of the area of the subject private lands have consented to annexation prior to the commencement of the annexation process; or (iii) The lands are the subject of a development moratorium or a 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. (cl Cateaorv C: Annexations wherein the subject lands contain more than one hundred (100) separate private ownerships and platted lots or recora and where landowners owning more than fifty percent (50~s) of the area of the subject private lands have not consented to annexation prior to corruneneement of the annexation process. (9) Evidence of consent to annexation. For purposes of this section, consent to annex shall be valid only when evidenced by written instrument executed by the owner or the owner's authorized agent. Consent shall be implied for the area of all lands connected to a water or wastewater_ ,ollection system_operated by the__city only if the connection was requested or completed prior to July 1, 2008. 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. Lands need got be contiguous or adjacent to the city limits at the time the landowner ,onsents 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. ,(5), Annexation procedures. Annexation of lands into a city shall follow :he procedures applicable to the category of lands as established by this section. The implementation of any annexation proposal wherein the city council determines that annexation is appropriate shall be concluded with the passage of an ordinance of annexation. (a) Procedures for category A annexations: 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. '(b)` Procedures for category B annexations: A city may annex lands that would qualify under the requirements of category B annexation if the following requirements are met: (i) The lands are contiguous or adjacent to the city and lie within the city's area of city impact; (ii) The ]and is laid off i-nto 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; (iii) 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; (Cl The means of prwidina 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 T_he 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; (iv) Compliance with the notice and hearing procedures governing a zoning district boundary change as set forth in section 6%-6511, Idaho Code, on the questior, 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 p~posai. (v), 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 (5C) acres or more and does not require or utilize any city services must have the express written permission of the nongovernmental entity owner. (vi) 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; (vii) 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. Procedures for category C annexations: A city may annex lands that qualify under the requirements of category C annexation if the rollowing requirements are met: (i) Compliance with the procedures governing category B annexations; and (ii) Evidence of consent to annexation based upon the following procedures: (A) Following completion of all procedures required for consideration of a 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 are subject to a consent to annex which complies with subsection (4) of this section defining consent. Such notice shall invite property owners to give written consent to the annexation, include a description of how that consent 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 the proposed annexation must submit the consent in writing to the city clerk by a date specified in the notice, which date shall not be later than forty-five (45) days after the date of the mailing of such notice. (C) After the date specified in the notice for receipt of written consent, the city clerk shall compile and present to the city council a report setting forth: (i) the total physical area sought to be annexed, and (ii) the total physical area of the lands, as expressed in acres or square feet, whose owners have newly consented in writing to the annexation, plus the area of all lands subject to a prior consent to annex which complies with subsection (4) of this section defining consent. The clerk shall immediately 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. 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 a majority of the land area nave consented to 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 a majority of the land area have not consented to the annexation, the category C annexation shall not be authorized. (6) The_decision___of a city_ c~uncil_ to_annex and zone lands as a cat_e_gory_ or category C annexation_shall_be subject to judicial_ review in accordance th the procedures pro.v_ided in chapter 52, title 67, Idaho Code, and pursuant __ _ - Ehe standards set forth in section 67-5279, Idaho Code. Any such appeal all be filed by an affected person in the appropriate district court no ter than twenty-eight (28) days after the date of publication of the nexation ordinance. All cases in which there may arise a question of the iidity of any annexation under this section shall be advanced as a matter of mediate public interest and concern, and shall be heard by the district urt at the earliest practicable time. (7) Annexation of noncontiguous municipal airfield. A city may annex land at is not contiguous to the city and is occupied by a municipally owned or erated airport or landing field. However, a city may not annex any other nd adjacent to such noncontiguous facilities which is not otherwise nexahle pursuant t~ this sectinn The Idaho Code is made available on the Internet by the Zdaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. ~c~irch the Id;ih~~ ~tatutr~ Available Reference: Seurc/1 lustrnctioil.c. The Iduho C'odc is the properly of~~he state ofk~uln~, and rs copyrighted hi~ Idaho lair, LC. ,~~ 9-3~0. 4ccordi~~~~ to Idaho laiv, any Person rho reproduces or distributes the Idaho, Code for co~mnerrial purposes ~i~ i°iolution of the pro>>~isions' of this statute shall he c.~eenred to be ah inJi~ir~Ker of the state of ldcrho's 'opyrrXlat.