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1. Waiver of Right to Protest Annexation Request - Green AcresPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager J� FROM: Sean Conrad, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fag: (406) 758-7739 www.kalispell.com/planning SUBJECT: Green Acres Cooperative, Inc. Waiver of Right to Protest Annexation Request MEETING DATE: September 4, 2012 BACKGROUND: The Kalispell City Planning Board met on Tuesday August 14'h and held a public hearing to consider a request by Green Acres Cooperative, Inc. to waive their right to protest annexation of their 4.3 acres of land compromising the Green Acres Court mobile home park. Green Acres Court includes 32 mobile homes and is located at 1721 South Woodland Drive, on the east side of South Woodland Drive at the northeast corner of the intersection of South Woodland Drive and Haven Drive. The property is zoned R-2 (One Family Limited Residential) in the County. The Cooperative is requesting approval for their waiver to allow the extension of a sewer main and subsequent sewer service lines to each of the mobile home units. The 4.3 acre property can be legally described as Lot 21 of the Amended Plat of Lots 21 & 22, Block 1 of Greenacres located in the NE '/ of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. At the hearing planning department staff presented staff report KA-12-2 and reviewed the proposed project. The staff recommended approval of the Green Acres Cooperative's waiver of right to protest annexation request based on the annexation criteria outlined in the Kalispell Growth Policy and the fmdings in the staff report. At the public hearing one resident of the Green Acres Cooperative spoke in favor of the waiver request. No one else spoke for or against the waiver request and the public hearing was closed. The planning board then acted on a motion to recommend the city council accept the Green Acres Cooperative's waiver of right to protest annexation request. RECOMMENDATION: A motion to accept the Green Acres Cooperative Waiver of Right to Protest Annexation request as recommended by the planning board. FISCAL EFFECTS: None at this time until the property is annexed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, 6 Sean Conrad Senior Planner Report compiled: August 28, 2012 c: Theresa White, Kalispell City Clerk PLANNING FOR THE FU rURE August 27, 2012 Doug Russell City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kafispell.com/planning Re: Green Acres Cooperative, Inc. Waiver of Right to Protest Annexation Request Dear Doug: The Kalispell City Planning Board met on Tuesday August 14'h and held a public hearing to consider a request by Green Acres Cooperative, Inc. for the city to accept a waiver of the right to protest annexation of their 4.3 acres of land compromising the Green Acres Court mobile home park. Green Acres Court includes 32 mobile homes and is located at 1721 South Woodland Drive, on the east side of South Woodland Drive at the northeast corner of the intersection of South Woodland Drive and Haven Drive. The property is zoned R-2 (One Family Limited Residential) in the County. The Cooperative is requesting approval for their waiver to allow the extension of a sewer main and subsequent sewer service lines to each of the mobile home units. The 4.3 acre property can be legally described as Lot 21 of the Amended Plat of Lots 21 & 22, Block 1 of Greenacres located in the NE '/ of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. At the hearing, Sean Conrad of the Kalispell Planning Department presented staff report KA-12-2 and reviewed the proposed project. The staff recommended approval of the Green Acres Cooperative's waiver of right to protest annexation request based on the annexation criteria outlined in the Kalispell Growth Policy and the findings in the staff report. At the public hearing one resident of the Green Acres Cooperative spoke in favor of the waiver request. No one else spoke for or against the waiver request and the public hearing was closed. The planning board then acted on a motion to recommend the city council accept the Green Acres Cooperative's waiver of right to protest annexation request. Please schedule this matter for the September 4`h regular city council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Chad Graham President Attachments: Letter of transmittal Staff Report #KA- 12-2 and supporting documents Draft minutes from the 8-14-12 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Green Acres Cooperative, 1721 South Woodland Drive, Kalispell, MT 59901 GREEN ACRES COURT COOPERATIVE The following cost of services is based on annexing and providing services to the 32 unit Green Acres Court mobile home park. Please note: Both parks and fire services are shown as zero cost because there are already established homes in the mobile home park. These residents may already be using city parks and The Kalispell Fire Department has an interlocal agreement with the South Kalispell Fire Department, who currently serves this property. COST OF SERVICES Fire $0 Police $6,300 Administration (finance, attorney, etc) $5,120 Roads $ 750 Parks $0 Total anticipated cost of services $12,170 REVENUE GENERATED THROUGH ASSESSMENTS Storm sewer $1,052 Street maintenance $2,304 Urban Forestry $ 320 Total anticipated revenue $3,676 I Total Anticipated Tax Revenue 1$5813 IMPACT FEES Storm water $0 Sewer service $51,979 Police $1,312 Fire $15,456 Total estimated impact fees $68,747 Total one time impact fee - $68,747 Total annual costs $12,170 Total annual assessments $3,676 Total annual taxes 5,813 Total annual revenue deficit: $2,681 STAFF REPORT #KA-12-2 KALISPELL PLANNING DEPARTMENT AUGUST 7, 2012 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for annexation to allow the Green Acres Court mobile home park to hook up to city sewer services. A public hearing has been scheduled before the Kalispell City Planning Board for August 14, 2012 beginning at 6:00 PM, to consider the annexation request. The planning board will forward a recommendation to the Kalispell City Council for consideration. Approximately two years ago the residents of the Green Acres Court mobile home park formed a cooperative and bought the court where they live. The cooperative consists of the 32 residents of the park. The cooperative owns the land where the homes are located, and individuals own their own homes. Green Acres Court mobile home park was created during the 1970's. The mobile home park has its own public water system serving the 32 mobile homes. Sewage disposal is provided by an on -site septic system. The septic system is comprised of multiple, separate holding tanks and drain fields, approximately seven in all, with drain field sites serving up to 5 mobile homes. The issue is several of the drain fields are failing. It is only a matter of time before the remaining drain fields fail as well. The mobile home park is 4.3 acres in size. The 32 mobile home units, access driveways, parking areas and yards take up the majority of the property. There is little to no room to install replacement drain fields. Also, a city sewer line is located on the east side of South Woodland Drive, directly adjacent to the Green Acres Court property. A letter from Glen Gray, Flathead County Sanitarian, dated January 24, 2011 to the Green Acres Cooperative states that if an approved municipal sewage collection and treatment system is readily available within a distance of 200 feet of the property line for connection to a new source of wastewater, or as a replacement for a failed treatment system, and the owner of the public owned collection and treatment system approves the connection, the applicant (Green Acres Cooperative) must connect. Mr. Gray's letter identifies three instances where the County Health Department would consider a sewer connection not being readily available if. ; The cost of the connection, as determined by the Department, is greater than three times the cost of the installation of an onsite wastewater treatment system that could be approved for the site, or ; Connection to the public system is physically impractical, or ; Necessary easements cannot be obtained. With regard to the three points above, the Cooperative has hired the services of Carver Engineering to determine the feasibility and costs of installing a replacement septic system or connection to the adjacent city sewer main. In a discussion with Andy Hyde, registered engineer with Carver Engineering, Mr. Hyde stated that he looked into the cost differential between obtaining additional land and installing a new septic system versus connecting to the city's sewer system. Although the cost of obtaining additional land and installing a new septic system would cost less, the difference was very minimal, less than the three times the cost of connecting to the city sewer main. The easements are in place to permit the extension and subsequent connection to the city sewer main and it is physically practical to extend the sewer main to serve the Green Acre Court mobile homes. With this information, the Green Acres Cooperative has requested the planning board and city council accept a waiver of right to protest annexation to permit the cooperative to hook up to the city sewer main line. In accordance with the city's annexation policy, the cooperative has submitted an annex application. This report evaluates both direct annexation and the waiver of right to protest annexation in accordance with the Kalispell Annexation Policy. Green Acres Cooperative 1721 South Woodland Drive Kalispell, MT 59901 (406) 212-2228 B. Location and Legal Description of Property: The property is located at 1721 South Woodland Drive, on the east side of South Woodland Drive at the northeast corner of the intersection of South Woodland Drive and Haven Drive. The 4.3 acre property can be legally described as Lot 21 of the Amended Plat of Lots 21 22, Block I of Greenacres located in the NE 1/4of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. E2dsting Land Use and Zoning: The 4.3 acre property is developed with the Green Acres Court mobile home park. The park includes 32 mobile home units with three access driveways off of Haven Drive. The park has its own public water system and septic systems. The current county zoning on the property is R-2, One Family Limited Residential. This district is defined as "A district to provide for large -tract residential development. These areas will typically be found in suburban areas, generally served by either sewer or water lines." Permitted uses in this district are generally limited to residential uses. The conditionally permitted uses allow some non-residential uses but those are limited to churches, daycare centers, bed and breakfasts, schools and golf courses. The minimum lot size requirement of the County R-2 zoning district is 20,000 square feet. D. Adjacent Land Uses and Zoning: The South Woodland area is primarily developed with single- family residences. However, immediately north of the Green Acres Court mobile home park is another mobile home park, Morning Star. The land immediately east of Green Acres Court is developed with single family homes. North: Residential, County R-3 West: Residential, County R-2 and Residential City R-3 K South: Residential, County R-2 East: Residential, County R-2 E. General Land Use Character: The general land use character of this area can be described as primarily single family residential. In addition to the Green Acres Court mobile home park there is another existing mobile home park located to the north. However, these two mobile home parks are an anomaly in an area otherwise built with detached single-family homes. F. Utilities and Public Services: All available public services and facilities are available to the property owner. Water and sewer main lines are located directly in front of the property within the South Woodland Drive right-of-way. If the waiver of right to protest annexation is approved, the Cooperative would have to pay sewer impact fees prior to connecting the units to the city's sewer lines. Sewer: Septic system (currently) with the potential to connect to a city sewer main if annexed or if a waiver of right to protest annexation is accepted Water: Private well (currently) with the potential to connect to a city water main if annexed or if a waiver of right to protest annexation is accepted Refuse: Contract hauler Electricity: Flathead Electric Cooperative Telephone: CenturyLink Schools: School District #5, Kalispell Fire: South Kalispell Fire Department Police: Flathead County Sherriff Department The Green Acres Court mobile home park is located within the annexation policy boundary adopted by the city council in March of 2011. When a property is within the annexation policy boundary map the Annexation Policy provides policy guidance on how to proceed with the question of annexation. The following evaluation looks at the merits of annexation into the city. 1. Compliance with the growth Policy: Chapter 2 of the Kalispell Growth Policy discusses the issues with cyclical growth the city has seen over the years. The chapter focuses on affordable housing, delivery of services, location of new development, redevelopment of the existing urban core and quality of life issues. As part of the review of the annexation request the following goals contained in chapter 2 are relevant to this particular annexation request. The goals are: 3 Implement a comprehensive, effective growth management program th recognizes and upholds the general welfare of the community as well a.] individual rights. New urban and suburban development occurs in areas where public water and sewer are available. Chapter 11 of the Kalispell Growth Policy, Infrastructure and Public Services, focuses on goals and policies to address the needs of current and future development in and around the city limits. The following goal in Chapter 11 is relevant for the Green Acres Court Cooperative: 0 Make public sewer available to areas that are in close proximity to SUOMI Public water and sewer main lines are located immediately west of the property. The main lines are within the right-of-way for South Woodland Drive. If annexed, the property would have access to connect with the sewer main line provided the appropriate impact fees and necessary pern-dts are obtained from the city first. 2. Municipal Services: As stated above water and sewer main lines are located west of the property. These main lines are adequate to serve the existing homes on the property requesting annexation. As part of the request for services, the homeowners would be responsible for bearing the cost of extending a sewer line into the mobile home park and connecting the individual homes to the new line. Fire hydrants are located on the west side of South Woodland Drive. One hydrant is located at the intersection of South Woodland Drive and Haven Court. The other hydrant is approximately 200 feet north at the intersection of South Woodland Drive and Bison Drive. Given the close proximity to existing services, annexation of the property will not overburden the municipal services currently in place. If annexed the adjacent portion of South Woodland Drive and Haven Drive would also be annexed. This would require the public works department to incorporate an additional 800 linear feet of roadway for routine maintenance and eventual upgrades. 0 Figure 1 Existing city utilities in the area 3. Distance from current city limits: The Green Acres Court mobile home park lies within an area which is wholly surrounded by the City of Kalispell. Current city limits are approximately 1/4 of a mile north, south and east of the property. The map in figure 2 provides an illustration of how close the city limits currently are to the property. If the property is annexed it will be surrounded by areas outside of the city limits. This could create problems for police and fire personnel when responding to an emergency at this site since properties along South Woodland Drive fluctuate from being inside and outside of city limits depending on what stretch of the road you are on. This area also includes a number of lots currently receiving city water and/or sewer service which are not in the city. Figure 2 also shows the location of theses lots. Several properties south of the mobile home park have signed waivers to annexation or have given the city a consent to annex when the property owner was provided city water or sewer service. Figure 2 The property requesting annexation is with an area which is already wholly surrounded by city limits (shown in light grey) WOODLAND AVE v ROGERS OR LEHI LN i 4 �r GREENDALE CT -- _ W QUINCY LOOP co p YOUNjGS LN , lz Subject Property BISON DR 5, _ HAVEN CT, HAVEN DR p 3 SAG LN �-- L - ti Kalispell City Limits _.. O Subject Property Water Mainline \! h f Sewer Mainline _.. Ji i Stormwater Mainline • City Water Service Outside of Kalispell A p I t9 U) City Sewer Service Outside of Kalispell p O V W xi - Recorded Consent or Waiver of Protest to Annex r to 0 250 500 1,000 11500 Feet VA 4. Cost of services: Once annexed to the city, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. If annexed, the property owner will be connecting to city sewer services because of the impending failure of the on -site septic system. The attached cost of services analysis prepared for this property is used for all residential annexations. The analysis is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. Streets: The property, once annexed, will also bring with it the maintenance of those sections of South Woodland Drive and Haven Drive. The property has approximately 167 feet of frontage along South Woodland Drive and approximately 626 feet of frontage along Haven Drive. Based on previous discussions with the Public Works Director and Road Supervisor, a review of the costs for maintenance of the roads including the number of times for plowing, sweeping, sanding, de-icing and ditch maintenance in a year costs approximately $750 per year. This is just an annual maintenance cost and does not factor in the cost to ultimately rebuild portions of the roads to meet current city standards including curb, gutter and sidewalks. Parks: There will be no immediate impacts to the city's park system because there are already homes on the property. Bringing the property inside the city limits would require the Cooperative to pay the city taxes to support the city parks which may already receive use from the residents of Green Acres Court. Police: The police department regularly travels this length of South Woodland Drive because of city residents to the north and south of Green Acres Court. Annexing the property will require the police department to go slightly out of their way to patrol or respond to a call on Haven Drive. Fire: The Kalispell Fire Department has an interlocal agreement with the South Kalispell Fire Department, who currently serves this property. Even if the property were not annexed into the city, if an emergency call was placed city fire and ambulance crews would be responding based on the interlocal agreement with the South Kalispell Fire Department. ® Solid Waste: The property currently contracts with Evergreen Disposal. Taxes: ® General Taxes: The property will pay into the general fund if annexed. Assessments: The property will be paying the city's assessments for storm sewer, street maintenance and urban forestry. M The attached cost of services analysis for this annexation shows approximately $9,489 will be generated from assessments and taxes. To serve the property will total approximately $12,170. Based on these estimated figures the annexation costs to the city to serve the property are approximately $2,68 1. Several years ago the city council directed planning staff to bring them information on areas wholly surrounded by the city for the council to consider forcibly annexing these properties. Once before the council, the council decided to not forcibly annex properties in larger wholly surrounded areas such as the one the Green Acres Court is located within. Instead the council decided to review annexation requests on a case by case basis. In summary, within the Green Acres wholly surrounded area there are approximately 255 parcels of land of which 52% have either signed a petition to annex, recorded a waiver of right to protest annexation or are receiving water and/or sewer service. While this is a significant number it still represents an incomplete patter of annexations at this time. Given the large number of lots in this area, some with consent or waiver forms recorded, some without, and the lack of the adjacent roads meeting current city standards, direct annexation is premature in this case. An alternative would be to record a waiver of right to protest annexation on the Green Acres Court property. An evaluation of the waiver of right to protest option is below. M '1117• .: ...11 r The Kalispell Growth Policy provides the following criteria to determine whether a petition to waive the right to protest annexation is appropriate. The growth policy states that the waiver request must meet a majority of the 6 criteria. It appears to meet 5 of the criteria as follows: 1. The property is outside the city's annexation boundary: No, the property is well inside the city's annexation policy boundary. 2. The property lies in the immediate path of additional annexations: Yes, the property is located in a part of the county which is wholly surrounded by the city limits. Lots approximately Y of a mile to the north, south and east are already in the city. Many lots in the immediate area are outside the city limits but receive city water and sewer services. This area, over time, will see additional annexations as higher density development occurs on surrounding vacant lots and more homes request city services. 3. The property will be adjacent to existing city infrastructure in the next 10 - 20 years: Yes. Water and sewer services are available today. As this area continues to grow and larger tracts are developed the likelihood that city infrastructures such as water and sewer mains and city standard streets occurring in the immediate neighborhood over the next 20 years is very high. 4. The property is within the service area of the Kalispell Fire Department and is serviceable by proposed/existing municipal water and sewer. The property is within the 5 minute response time of the Kalispell Fire Department and is approximately % mile north of the South Kalispell Fire Department's station along Willow Glen Drive. There are two existing fire hydrants in close proximity to the mobile home park. A City water main is located on the west side of the South Woodland Drive right-of- way supplying the fire hydrants. One of the existing hydrants is located at the intersection of South Woodland Drive and Haven Court. The other hydrant is located approximately 200 feet north between Haven Court and Bison Drive. 5. Services to the site can be provided in the near term by other than municipal means. ® Fire - South Kalispell Fire Department could continue to provide fire protection along with the Kalispell Fire Department through the interlocal agreement. ® Streets - The county road department would continue to maintain the adjacent roads. ® Police - the county sheriff's office could continue to provide law enforcement. ® Sewer and water - A public water system serving the Green Acres Court mobile home park is already located on the property. Sewer service would be provided by the City of Kalispell. 6. Development of the property achieves key goals of the growth policy, or provides a necessary community connection, facility, infrastructure component or community benefit. 10 Accepting the waiver of right to protest annexation would permit the Green Acres Cooperative to continue pursuing the extension of the city sewer main and connecting each of the 32 units on the park to the city's system. The community benefit at this time would be providing the Cooperative members a sewer system to replace their aging and failing system. ANNEXATION CONCLUSIONS: • The site is not conducive to immediate annexation. • The site should be considered for the waiver of protest to annexation; using this method the property owners would be permitted to hook up to the city's sewer main, located in the South Woodland Drive right-of-way. • Accepting a waiver of right to protest would accommodate an eventual annexation of this area, which is currently wholly surrounded by the city. [ZA'011", ViVi It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA- 12-2 as findings of fact and recommend to the Kalispell City Council that the Green Acres Court Cooperative's waiver of right to protest annexation request be accepted. 11 Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planniniZ PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLI MAIL ADDRESS: CITY/STATE/ZIP INTEREST IN PR Other Parties of Interest to be Notified: PARTIES OF INT. MAIL ADDRESS: CITY/STATE/ZIP INTEREST IN PR PLEASE COMPLETE THE FOLLOWING: at 100% build out Is there a Rural Fire Department RSID or Bond on this property Yes No If yes remaining balance is $ The present zoning of the above property is: P--a The proposed zoning of the above property is: State the changed or changing conditions that /make the proposed amendment necessary: JJ y/ The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Kalispell Planning staff to be present on the prope o routine inspection during th annexation process. (Applicant) (Dat 1 P Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from theKfK lSpt_L Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this pro erty for a ' ' u� ears Tro date of annexation. Peti loner/Owner D to Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) ss County of Flathead County On this a" day of 31-6 v` , ao12- , before me,, the undersigned, a Notary Public for the State of Montana, personally appeared t D rk & C��. e \ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year ' first above written. DEE k NOURY 1E / \ IC t� Notary Public, State of Montana *(SEAL J St°� Of Printed Name�e e- \`�! Mv Cornffftbn atKcWsW, MT Residing at Expka MW 18, 2015 My Commission expires: STATE OF MO ss County of Flathead County On this day of , , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires: COOPERATIVE,EXHIBIT A GREEN ACRES REQUESTO- WAIVER OF RIGHT TO PROTEST ANNEXATION DESCRIPTIONLEGAL The property is described as: Lot 21 of the Amended Plat of Lots 21 & 22, Block 1 of Greenacres located in the NE 1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. January 24, 2011 Community Health Services Flathead City -County Health Department 751-8110 FAX 751-8111 Environmental Health Services 1035 First Ave. West Kalispell, MT 59901 751-8130 FAX751-8131 (406) 751-8101 FAX 751-8102 Family Planning Services www.flatheadhealth.org 751-8150 FAX 751-8151 Home Health Services 751-6800 FAX 751-6807 WIC Services 751-8170 FAX 751-8171 Animal Shelter 752-1310 FAX 752-1546 Greenacres Cooperative Inc. '/o John Sinrud 1721 S. Woodland Dr., #13 Kalispell, MT 59901 Re: Greenacres Mobile Home Park, failed septic system, Units 21-26 Dear Mr. Sinrud, It has come to the attention of this office that the septic system serving the above units has been failing. I was recently on site to investigate this issue. There was no evidence of failure at the time, but I understand the tank is pumped regularly in order to avoid surfacing sewage. I am also aware that Carver Engineering has developed a preliminary engineering report regarding the connection of this entire facility to the City of Kalispell. I have met with Andy Hyde regarding this plan. In the meantime, you had contacted him to develop a replacement plan for the failing system. Flathead County Sewage Treatment System Regulations addresses proximity to public services as follows: Section 6 - Denial of Permits 6.6 If an approved municipal or other publicly owned sewage collection and treatment system is readily available within a distance of 200 feet of the property line for connection to a new source of wastewater, or as a replacement for a failed treatment system, and the owner (management entity) of the publicly owned collection and treatment system approves the connection, the applicant must connect. A connection is considered as not readily available if: (1) The cost of the connection, as determined by the Department, is greater than three times the cost of the installation of an onsite wastewater treatment system that could be approved for the site, or (2) Connection to the public system is physically impractical, or (3) Necessary easements cannot be obtained. 6.7 If it is determined by the Department that the primary purpose of a proposed septic system is to avoid annexation to a municipality, the permit shall be denied. It is the nzission of the Flathead Cio -Count), Health Department to assure the conditions in which people can be healthy through collaboration, education, promoting stewardship of our resources, andprovidingpreventive health services to our commzmity. Page 2 The system that is failing is likely an indication of the condition of the other systems as well. Subsequent failures would entail replacement of six systems one at a time on land that is not currently owned by the mobile home park. That does not appear to be a viable solution. Also, the information received by this office regarding the failing system alleges two of the existing drainfields, including the one currently failing, have been illegally expanded. Sketches of the location of these drainfield expansions have been provided. If this allegation is true, it will not happen again in an attempt to extend the lifetime of any system. These systems are old and a permanent solution to sewage treatment must be pursued. This office will continue to monitor the situation and remain in contact with Carver Engineering regarding their involvement with this situation. Should you have any questions, please contact this office Sincerely, Glen Gray, R.S. Flathead County Sanitarian c: 284 Frontier Dr. Bozeman, MT 59718 H:\Andy\Word Res\MISOGreenacres CourAlLeper From Glen Gray - Jan 24 2011 Greenacres TC.Doc 3 F 7 8 11 ''UB 1 3 5 8 7 1 2 3 4 5 66 c_ 3 � INC1' LOOP , 24 23 22 21 _ 2 —T _5 I r -- 17 18 19 20 -- 2_4-a — -'r 1 2 � — ' ""- ITT WI LA YOUNGS L E I �� 16 4 2 11 VEN 6B RESUB J� E � N U •J ` 4 _RT 1 U 3 2 1 6 r 4OUNTYr 24 9 7 S 10 9 32 33 34 35 31 37 36 11 21 30 38 X 20 y 29 HAVEN 1 12 19 28 PARK 39 HAVEN DR 18 2 27 s> 25 26 PARK 40 d 25 41 61 62 63 64 65 6 73 1 6 100 49 48 47 46 45 44 43 42 7 71 72 74 99 98 97 96 95 94 �' �'� UN� T �v 93 92 91 90 7S � 15 28 � TAG LN — � STAG LN 89 76 - 14 29 � 77 l06 - 13 30 3 101 WELL 102 A 88 103 104 105 107 87 78 PAP)< 12 " WIN, 'gyp. ®97 A lMD uit ir sJ - _ 116- 79 -' 11 117 115 - �2 a� ' 10 108 86 - b 114 80 — VICINITY SCALE 1" = 300' GREEN ACRES COOPERATIVE, INC. REQUEST FOR ANNEXATION & INITIAL ZONING ON APPROXIMATELY 4.3 ACRES ON SOUTH WOODLAND DRIVE WITH R-4 (RESIDENTIAL) ZONING. THE REQUEST WOULD ENABLE THE CURRENT MOBILE HOME PARK TO CONNECT TO CITY SEWER. FILE # KA-1 2 — 0 2 PLOT DATE 7/11/12 H:\gis\site\ke12_02 Green Acres Co-op.dwg APPLICANT: Green Acres Cooperative, Inc. I � , 't NEEMIXim 1, the undersigned certify that I did this date mail via First Class Mail a copy of the attached notice to the following list of landowners. ad joining the property lines of the property where annexation & initial zoning has been requested. Date: Green Acres Cooperative, Inc. 1721 S Woodland Drive, # 16 Kalispell, MT 59901 een Acres Cooperative, Inc. C USA/NWMT -Ti othy Ohler 1721 S Woodland Drive, # 16 509 lst Avenue South 602 Willow Glen Drive Kalispell, MT 59901 Great Falls, MT 59401 Kalispell, MT 59901 ndra Goodwin rederick Mandl Andrea Loveless —'Chad Hogan 1531 Haven Drive Sandra Ulrich 1507 Haven Drive Kalispell, MT 59901 1724 Haven Court Kalispell, MT 59901 Kalispell, MT 59901 onya Johnson icholas Marriman .Gary & Deborah Amdahl 1547 Haven Drive 1711 Bison Drive 1740 Haven Court Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 ,,11'avid & Leslie Wisher 16eorge Behrens Family Trust �.,,.-Linda .- Brown William Brown 1571 Haven Drive 1788 S Woodland Drive Kalispell, MT 59901 628 Willow Glen Drive Kalispell, MT 59901 Kalispell, MT 59901 ^,d�n & April Brewer /ft'imber & Marlene Stevens 11;;Alice Nelson 1772 Haven Court 1563 Haven Drive 616 Willow Glen Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 ,Linda Solem 11uane & Jo Martin Bawl & Laura Steel 1539 Haven Drive 1705 Bison Drive r1579 Haven Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 ,M i�ry & Samuel Soto Rrchard & Katharine Faulkner -Ggark Reynolds 1555 Haven Drive 1515 Haven Drive 1523 Haven Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 J,bren & Patti Everett IT60, LLC 1721 South Woodland Drive 1717 South Woodland Drive Kalispell, MT 59901 Kalispell, MT 59901 PLANNING FOR THE FLMJRE MONT.ANA Planning Department 201 151 Avenue East Kalispell, MT 59901 Phone: (406), 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns to the Kalispell Planning Department. You may come into the office in person at the above address or you may contact the office at (406) 758-7940 for additional information. Written comments may be submitted to the Kalispell Planning Department prior to the submission date, or emailed to us at planning(a kalispell.com. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION August 14, 2012 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, August 14, .2012, :beginning ;at ` 00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make recommendations to the Kalispell City Council who will take final action. A request from Health Care Reit, Inc. for a conditional use permit to expand the existing Prestige Assisted Living Facility. The expansion includes constructing a one-story addition, approximately 19,000 square feet, which will include assisted living units and memory care units, a common room and dining room. The property is 2.8 acres in size and is zoned RA-1 (Residential Apartment) on the west half of the property and B-1 (Neighborhood Business) on the east half of the property. The property is located at 125 Glenwood Drive, on the east side of the street approximately 250 feet north of the intersection of Glenwood Drive and Two Mile Drive. In addition to the conditional use permit, the city is sponsoring a zone change on the property. The zone change would rezone that portion of the property zoned RA-1 to B-1. 2. A request from Eric Daniels to annex 4.6 acres of land and zone the land R-5 (Residential/Professional Office) upon annexation. The property is located on the west side of Highway 93 North, north of West Reserve Drive and is developed with a single-family residence addressed as 2710 Highway 93 North. The property is zoned SAG-5 (Suburban Agricultural) in the County. A request from Green Acres Cooperative, Inc. to waive their right to protest annexation of their 4.3 acres of land compromising the Green Acres Court mobile home park. Green Acres Court includes 32 mobile homes and is located at 1721 South Woodland Drive, on the east side of South Woodland Drive at the northeast corner of the intersection of South Woodland Drive and Haven Drive. The property is zoned R-2 (One Family Limited Residential) in the County. The Cooperative is requesting approval for their waiver to allow the extension of a sewer main and subsequent sewer service lines to each of the mobile home units. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition, information on the agenda items is posted on our website at www.kalispell.com/-olanni.n under "Planning Board Agenda & Staff Reports".