06-09-09KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
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MINUTES OF REGULAR MEETING
JUNE 9, 2009
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board
CALL
and Zoning Commission was called to order at 7:00 p.m.
Board members present were: Bryan Schutt, John Hinchey,
Rick Hull, C.M. (Butch) Clark, Chad Graham, Richard
Griffin and Troy Mendius. Sean Conrad and Tom Jentz
represented the Kalispell Planning Department. There were
11 people in the audience.
APPROVAL OF MINUTES
Griffin moved and Clark seconded a motion to approve the
minutes of the May 12, 2009 meeting of the Kalispell City
Planning Board and Zoning Commission.
ROLL CALL
The motion passed unanimously on a roll call vote.
PUBLIC COMMENT
No one wished to speak..
LOST HORIZON RANCH, LLC
A request by Lost Horizon Ranch, LLC for a conditional use
CONDITIONAL USE PERMIT
permit (CUP) to locate a transitional living program (defined
under the zoning code as a group home) for youths 16 to 19
in an existing duplex located at 530/528 3rd Street East.
The property is zoned R-3, Urban Single -Family Residential,
which requires a CUP for group homes serving eight or
fewer persons within the district. The property can be
legally described as lot 1 of Block 194 Kalispell Addition No.
2, located in Section 17, Township 28 North, Range 21
West.
Group homes serving eight or fewer persons fall under a
special provision in the state statutes, Section 76-2-412,
M.C.A. that gives them a specific "residential" status.
Because of this special status no conditions may be placed on
the CUP that would not otherwise apply to residences in
general. Additionally, a CUP for group homes cannot be
denied by the governing body and the public hearing is
intended as a forum for information and public comment.
STAFF REPORT KCU-09-7
Sean Conrad, representing the Kalispell Planning
Department reviewed staff report KCU-09-07.
Conrad said before the planning board is a conditional use
permit (CUP) to operate a group home in an existing house in
R-3 zoning on the east side of Kalispell. Conrad reviewed the
location for the board which is on 3rd Street East just west of
the Conrad Mansion. There is an existing duplex on the lot.
Conrad noted the proposed group home falls under a special
provision in state statutes that gives the group home a
specific residential status. Because of this special status no
Kalispell City Planning Board
Minutes of the meeting of June 9, 2009
Page 1 of 9
conditions may be placed on the CUP that would not
otherwise apply to residences in general. Additionally a CUP
for this facility cannot be denied by the governing body and
the public hearing is intended as a forum for information and
public comment.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KCU-09-07 as findings
of fact and recommend to the Kalispell City Council that the
conditional use permit be approved subject to the 2
conditions listed in the staff report.
Conrad added staff is recommending a 3rd condition based on
comments received from the City Manager. The condition
would state that in the event the property were to change to
a non-profit status in the future they would be required to
make a payment in lieu of taxes (PILT) equal to the City of
Kalispell's mill levy.
Conrad noted for the record that 6 letters/emails were
received on this request. Three of the letters were either for
the group home or did not have any issues; and three were
against the project and have stated their concern that adding
another group home in this neighborhood would change the
nature of the neighborhood, which is comprised of primarily
single family homes.
BOARD QUESTIONS I Hull asked if the exception is based on the fact that there are
8 or fewer residents and Conrad said yes.
Hinchey asked if the duplexes would allow 8 residents per
unit and Conrad said no, 4 residents per unit.
Clark said as he understands it there is absolutely nothing
the board can do about this group home and Conrad said the
board can make any recommendation they feel is appropriate
to the city council. However, the state statutes state the city
.has to treat this as a single family residence. Clark said he
thinks this is a travesty of the law especially in the east side
of town next to the Conrad Mansion.
Clark said he plans to take this issue to the state to see if
there is something that can be done to enable the local
government to turn down group homes if they are not
appropriate for the neighborhood.
Conrad continued Lost Horizon came before the planning
board and city council in August of 2003 seeking a CUP for
the same use in the same neighborhood. At that city council
meeting on August 4, 2003 the minutes reflect the following:
"Harball (the city's attorney) detailed a case in 1984 where in
Kalispell took a similar issue to the Supreme Court and was
subsequently "spanked". Harball said Justice Shea wrote:
Kalispell City Planning Board
Minutes of the meeting of June 9, 2009
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This court will not require community residential facilities to
repeatedly defend their well -established right to locate in any
residential area in Montana. The Kalispell appeal is meritless
and is dismissed as frivolous."
Griffin said the board received a letter from Al Weed
questioning whether or not the status of this organization
qualifies to have the exemption under state law and asked
Conrad to clarify that. Conrad said he attempted to contact
the City Attorney this afternoon to ask his opinion however
the City Attorney was not available. Conrad suggested the
board ask the applicants for their qualifications and
licensing.
Griffin asked if this holds merit can the board table the
application request and Conrad said if they are not licensed
they would lose the special protection residential status.
Conrad suggested the board hold the public hearing,
consider the testimony and forward a recommendation on to
the city council. He indicated the letter from Mr. Weed will be
forwarded on to the City Attorney so he can advise the city
council on the legal standing and the direction the council
should take.
Griffin asked if it would be proper to read the letter into the
record and Conrad said the letter will be made part of the
public record and will be forwarded to the council and the
City Attorney.
APPLICANT/CONSULTANTS John Santa, 36 Hillcrest Drive, briefly described the
functions of Lost Horizon, LLC which is owned by Santa, his
wife Carol, Dr. John McKinnon and Rosemary McKinnon.
Santa noted they are all long-term residents of Kalispell.
Santa listed the boards they serve on and the qualifications
of the owners. Santa added this is not an outside corporation
trying to do business in Kalispell.
Santa continued Lost Horizon, LLC is the holding company
that owns the physical properties of the program and rents
the properties to Montana Academy which is a private
therapeutic school located in Lost Prairie. The program began
12 years ago and is a fully accredited high school, accredited
by the Northwest Association of Accredited Schools, and by
the joint commission which accredits health care
organizations. There are about 70 students on campus and
they have another 11 students in the two transition homes
they currently operate in the same neighborhood. They
employ about 75 staff and have a payroll of nearly $3 million
per year.
Santa said they graduate approximately 40 students per
year. The students are incredibly bright, talented young
people who have been diagnosed with a variety of emotional
Kalispell City Planning Board
Minutes of the meeting of June 9, 2009
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problems such as anxiety, depression and Access 1
emotional disorders. He went on to further describe the
students. The kids are in the program an average of 18
months. The ones who come into the transition homes in
town are on their campus in Lost Prairie for about a year
before they come to town and finish the program by
attending the community college and completing volunteer
work all over the community. Then they are ready to go on
to college. He added these are not adjudicated kids, with
criminal histories but are young kids who have struggled,
gotten off path and need a chance to grow up.
The parents place the kids here and come to visit at least
twice a month. Santa said they have a program that they are
proud of and has become one of the leading programs in the
country for this type of work.
Santa stated they are not licensed as a group home but
licensed under a new category of licensure that is available
for private alternative residential treatment programs. He
does not believe there would be any problems with their
licensing.
Santa said they feel they have been very good neighbors and
have always responded to any problems they were aware of.
They run a recycling program and try to take care of the
properties as best they can. He added the neighbors who live
immediately next to them have been very supportive of their
program. They have a full-time, highly trained staff for each
house and the students are well -supervised. Initially they
had staff that slept overnight in both houses, as most
transition houses do, but they decided it was safer and more
supervisory to have a night staff that was awake and did
patrols of both houses to perform bed checks every hour. The
houses are alarmed, which are directly connected to the fire
department for fire safety, and if anyone were to try to leave
at night the alarms would go off. Santa said if any neighbors
have any problems he wants them all to know that they are
free to contact him, Dr. McKinnon or Gretchen Boyer who is
the resident manager of the transition houses.
Clark said he has no problem with the work that they are
doing, it is very commendable. However, his problem is the
location that they chose to do it in. They have taken one of
the premier lots next to the Conrad Mansion and this use is
not compatible with the tourists coming to town and visiting
the mansion. Clark feels the applicant isn't taking into
consideration the neighbors and the affect another group
home will have on the neighborhood. Clark said he can name
numerous places in Kalispell that would be a better location
than across the street from the Conrad Mansion.
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Minutes of the meeting of June 9, 2009
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Santa said it seems Clark is saying this is a great thing that
we are doing but not in our backyard and he doesn't think
that is a fair argument. Their kids behave themselves as well
or better than any adolescents who are in Kalispell. Santa
reviewed the rental history of the homes, including the
duplex, before they purchased them which included serious
damage by young adults to one of the houses. They feel they
are taking better care of these houses and the neighborhood
than the people who were in these properties before them.
Clark asked Santa what "we take care of the properties as
best we can" means. Santa explained there were some issues
in the letters that they had never heard before. They will
cover the compost piles and they would be willing to replace
the sidewalks if there is a matching funds program through
the city. They just repainted the houses, took down a tree
that had died and have done everything they can to keep
those houses in good shape. If they learn there are problems
they would be glad to address them.
Griffin said the subject property is a duplex and asked will it
be maintained as two separate units and Santa said they
purchased the duplex knowing they may need more capacity
than the current two houses can accommodate. If they only
need one of the duplex units they may continue to rent out
the other unit.
Schutt asked about the current facilities, how the
placements are made, the length of stay and the college
courses and Santa responded.
Mendius said he lives two and three blocks away,
respectively, from the two properties that they have now and
he can personally attest that he has had encounters with the
adolescents who live in those properties and have found
them to be friendly and cordial and he has no problems with
them. Mendius asked if Lost Horizon Ranch is a non-profit
corporation and Santa said no they pay taxes.
Conrad added the city does have a 50/50 replacement
program in place for existing sidewalks which is
administered by the city's Public Works Department.
PUBLIC HEARING Al Weed, 623 - 3rd Street East said he agrees with Mr. Clark
that this is a travesty and an outrage that this great east side
neighborhood has now become a campus for out-of-state
students whose parents are wealthy enough to subsidize
their rehabilitation in Kalispell. The house he lives in is the
house his parents owned when he was born and it is
particularly disturbing to him to see this kind of intrusion
occur.
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Minutes of the meeting of June 9, 2009
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Weed continued the proponents say that they are long time
residents of Kalispell but he doesn't see them establishing
these homes in their neighborhoods. The city has been
erroneously assuming that the request of Lost Horizons or
Montana Academy for conditional use permits cannot be
denied under Montana law. However, Lost Horizons is not
statutorily entitled to a specific residential status. Specifically
Section 76-2-412 grants such status to group homes
certified and licensed with the Montana Department of
Health and Human Services. The Montana Academy and
Lost Horizons are not licensed with the Montana Department
of Health and Human Services and therefore that section and
any exemptions that fall there under are simply not
applicable to this request.
Weed said he is incensed by the thought that the previous
approvals may have been granted under false pretenses. The
question was raised earlier whether this matter could be
tabled and deferred until such time that legal counsel for the
city has had a chance to review his allegations and he thinks
that would be appropriate. Alternatively he thinks it would be
appropriate to recommend denial of this request to the city
council and investigate the propriety of the past approvals for
Lost Horizon Ranch's group homes.
Ann Johnson, 539 3rd Street East stated she lives across the
street from the duplex. She wanted to address the leases on
the duplex which may have been monthly but there were
several people who lived there that they got to know and they
were not transients. Johnson said they don't mind rentals
because people need places to live but they want the
occupants to be a part of their neighborhood. Adding one
group home after another is detrimental to their
neighborhood and if all 3 of them is operated by the same
company, staff, administration, they would be in excess of
their allotted limit and the neighbors should be able to do
something about that.
Lee Kazlowski, 233 5th Avenue East stated his home is in
between the current group homes. He and his wife have
always been proponents of the group homes, they hire and
talk to the kids when they can, and they have always
welcomed them into their back yard. However, he continued,
when he received the notice for a 3rd home their reaction was
- two homes are enough. This is becoming a profit making
entity, institutionalizing and drastically changing the
complexion of the neighborhood without regard to the impact
on the neighborhood. Kazlowski said if there is any legal
reason for blocking this he hopes it will be denied and if
there isn't a legal reason he hopes the school will decide to
relocate this group home to another neighborhood.
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Minutes of the meeting of June 9, 2009
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Maurice Johnson, 539 3rd Street East stated her family
purchased their home in 1962. She said when Dr. Santa
talked about his vision for the neighborhood she didn't
recognize it. There are actually 2 sides of the block that have
terrible sidewalks. It shouldn't take someone asking this for -
profit business to replace their sidewalks. As for never
hearing about the compost she talked to one their staffers
and pointed out that compost works a lot better if water is
put on it.
When their first group home came in they promised to have
staff 24 hours per day but somewhere along the line they
decided it was no longer necessary, without notification to
the city and the neighbors of this change. She is asking the
corporation to stick to their original promise and provide 24
hour supervision. If there is a home invasion she doesn't
want to have to wait for the only police car in Kalispell to get
there and she doesn't want the girl's home broken into
either. Recently she told one of the home's staff members
there was a break-in in the neighborhood. She did this so the
girls would lock their doors. She tries to be a good neighbor
and nobody had to ask her to be. Now the duplex has been
bought and here they are again at another CUP hearing for
another group home.
Johnson continued as for upkeep the weeds on the
boulevards of the current group homes have been legendary.
If they really were stellar neighbors they would take care of
the weeds. She said she had to leave a note on a pick-up
from the duplex that had parked on the sidewalk and
blocked her mother's access to the street. Her mother is 90
years old and if she falls she could be really harmed.
Johnson added a neighbor would know this and not block
the sidewalk. Johnson said being a good neighbor is more
than just the fact that no one is complaining.
Johnson asked if they turn every house on the block into a
group home then who would buy their house. She
questioned why the notice wasn't sent out to neighbors
beyond the 150 feet required notification area and added she
took it upon herself to notify other neighbors.
No one else wished to speak and the public hearing was
closed.
BOARD MEMBER STEPPED I Hull recused himself from the discussion due to a conflict of
DOWN interest and stepped down.
BOARD DISCUSSION Clark asked staff how confident they were that Lost Horizon
Ranch and the Montana Academy falls under the statute and
the board would not be able to recommend denial of the
conditional use report. Conrad said they are fairly confident
since they are already operating two group transition homes.
Conrad added Mr. Weed thought the city might be erroneous
Kalispell City Planning Board
Minutes of the meeting of June 9, 2009
Page 7 of 9
when the last permit was granted but the City Attorney
Charles Harball looked at the permit then and if there would
have been any issues they would have been brought up.
Conrad said they will have the City Attorney review Mr.
Weed's letter to get an opinion and to provide direction for
the council.
Clark said he is going to make a motion to table this CUP
until the city knows for sure.
Jentz said they can get an approval for the CUP from the city
council before they operate but they can't open without a
permit issued by an appropriate governmental agency. Jentz
noted Conrad, in consultation with the City Attorney, will
make the determination if their licensing is appropriate to
meet the city's definition to qualify as a group home. If they
do not have or cannot get that license they should not be
operating.
Hinchey said he would think they have that licensing since
they are already operating an academy and two group
homes. Hinchey said he would like to have the City Attorney
review this and tell the board whether or not Lost Horizon
and Montana Academy falls under the State statute. Hinchey
said he has a hard time voting for the CUP until those
questions are answered.
Jentz said the board should not be considering whether the
current group homes are operating legally but the request for
the CUP before them tonight. Hinchey said his focus is not
on the two other homes but this CUP request.
MOTION
Clark moved and Hinchey seconded a motion to table the
conditional use permit until July 14, 2009 so the City
Attorney can review the issues brought up Mr. Weed and
advise the board whether or not Lost Horizon, LLC and the
Montana Academy has the required permits and can qualify
for the State exemption.
ROLL CALL
The motion to table passed on a roll call vote of 5 in favor
and 1 opposed.
BOARD DISCUSSION
Schutt stated this board is often quoted legal statutes
however those finer points of law will have to be settled by
attorneys. Schutt said if this project is found to not fall into
this statute they will have to start at square one for all 3
homes. Clark noted then the board will be able to make a
decision which we can't at this time.
BOARD MEMBER
Rick Hull took his seat on the board.
RESEATED
Kalispell City Planning Board
Minutes of the meeting of June 9, 2009
Page 8 of 9
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OLD BUSINESS:
Schutt asked about his request to hold a joint meeting with
the Flathead County Planning Board and Jentz said he
spoke to Flathead County's Planning Director who felt a
meeting should be scheduled for this fall or winter.
NEW BUSINESS:
Hull asked staff to consider a work session to discuss
parkland and open space and staff said they will set one up.
ADJOURNMENT
The meeting adjourned at approximately 8:00 p.m.
WORK SESSION
A work session was held following the regular meeting to
discuss the following:
1. Zoning Ordinance Update
NEXT MEETING
The next regular meeting of the Kalispell City Planning
Board and Zoning Commission is scheduled for Tuesday,
July 14, 2009, at 7:00 p.m. in the Kalispell City Council
Chambers located at 201 First Avenue East in Kalispell.
The next work session of the Kalispell City Planning Board
and Zoning Commission is scheduled for Tuesday, July 14,
2009, immediately following the regular meeting in the
Kalispell City Council Chambers located at 201 First
Avenue East in Kalispell.
Bryan
President
Michelle Anderson
Recording Secretary
APPROVED as submitted/corrected: / / I /09
Kalispell City Planning Board
Minutes of the meeting of June 9, 2009
Page 9 of 9
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215 5th Ave. East
Kalispell, Montana 59901
(406) 257-1676 dhanzed@centurytel.net
Thursday, June 26, 2008
To Whom It May Concern:
We have been asked to relate how we viewed the possibility of having a "transitional home" in
our neighborhood and/or as our immediate neighbor. Upon hearing of the possibility. of such a
thing happening we had concerns of having a transition home next to our home of more than 40
years. We also didn't not like the fact that we could not, by state regulations, stop such an event
happening. We as well as many of our present neighbors had many questions about what was
going to happen to our neighborhood that has been traditionally a single family residence area in
one of the historic neighborhoods of the city. We were very concerned because we did not want
to lose this characterization of our neighborhood.
However prior to establishing the first transitional home at 305 5'' Ave East and then soon to
follow at 205 5t" Ave East, the Academy staff had an open house session where all citizens who
were interested could attend and present their concerns and have questions answered. Staff
members first explained their. purpose and goals and what part the transitional homewould play
into their student training. Their presentation was followed by a time when students attending
the academy presented their needs for such an environment that could help them back into a
more normal home and neighborhood life style. Needless to say, the neighbors were informed
about the academy but still did not like the idea that they could not prevent such a happening in.
their neighborhood because of state statues. We took a "Wait and See" attitude toward the
changes that were coming.
Now after seven years with both transitional homes in operation the neighborhood has not
changed as much as we all had anticipated. The boys and girls (40 — 50 students) living at the
homes through out these years have presented themselves and acted as concerned young adults.
We have not had any incidents that would cause problems with their behavior. They have been
friendly when encountered and have been responsible for their actions.
The staff personnel are always present in the houses when students are in residence are
neighborly and could be called on to amend any situations or circumstances that -might arise.
The only thing that I could fault the occupation of a transitional home in our neighborhood is the
loss of a more permanent neighbor.
Sincerely,
,use �� J
Betty & Laney Hanzel
June 23, 2008
Helen Hensleigh
Dale McGarvey.
I am writing this letter on behalf of my neighbors to the north, the Montana Academy
transition house. My name is Jim Arestad.. My wife Nancy and I have been next door to
their transition house since it opened, approximately five years ago. Our dealings with
the staff and students have been very good. They are good neighbors; they take care of
the property, and respond quickly whenever there have been problems. The infrequent
problem has usually been over teenagers being a little loud, but staff has always been
responsive to our calls. and corrected the situation quickly. Traffic is not a problem as
their students do not drive cars, barking dogs are not a problem as the students are not
allowed pets, and the students are often gone to college, working or volunteering. .
If you have any questions, please feel free to contact myself or Nancy. Our phone
number is 257-1371.
Sincerely, /
C.
/�,Pun Arestad
Nancy Glarum Wovma
O
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UN,
KALISPELL PLANNING DEPARTMENT
Planning Department
201 1st Ave. E.
Kalispell, MT 59901
Dear Sir:
5393`aSt. E.
Kalispell, MT 59901
June 8, 2009
We wish to provide these comments regarding the public hearing regarding a request by
Lost Horizon Ranch for a conditional use permit at 530/528 3rd St. E., Kalispell.
We wish to object to this conditional use permit based upon the following:
This is an expansion of the intrusion into a family neighborhood of a transient
population. We are unhappy to learn that despite what we were told, there is not 24
hour adult supervision of the students. Further, the two existing properties used as
dormitories by Lost Horizons appeared to be viewed by the staff and residents like a
motel. Maintenance is clearly not something of much concern. They do not shovel
their side walks. Gates for the house at Second St. and 5d' Ave. E. were open to 2nd
St. E. all winter and posed hazards for anyone trying to use the sidewalk. While we
repaired our sidewalks with the city's cost sharing program several years ago, the side
walk is extremely uneven and dangerous. This house has garbage in back yard, while
intended for compost, is not watered or covered and sits open as refuse.
2. We would contend that two houses with facilities for 8 students each maximizes the
existing conditional use permit to Lost Horizons for group homes and adding
additional dormitory space creates the opportunity for the neighborhood to appeal the
group home's expansion. Afterall, all three structures are run by the same entity,
staffed and supervised by the same organization.
3. This business has chosen to make staffing decisions based on economics rather than
living up to their responsibilities in loco parentis and to the neighborhood. A single
staffer rotating between dormitories does not provide 24 hour care and allowing the
corporate expansion into a third dormitory dilutes this supervision further. There
have been 3 recent robberies in the neighborhood and no one can assure us with
certainty that the children in the group homes were not involved. The children
deserve better and so does the neighborhood.
4. We have not had known difficulties with the children or staff but even after 8 years,
we do not recognize them by face or name and they have not become part of the
neighborhood. We recently heard they operated a recycling program but its news to
us and we have lived here since 1962.
5. We do not object to the use of 530/528 3rd St. E. being used as rental property but
hope that tenants would be year -long leases so that they can become part of the
neighborhood. We were told by the staff going door-to-door about this hearing that
the corporation would like to use this as "overflow when there are more students and
to rent it when there are fewer." Clearly this is a dormitory for the corporation, not a
family home. The transient nature of these occupants detracts from the character of
the neighborhood.
6. We would like the Lost Horizon corporation to be better neighbors but we have little
confidence that this will occur unless the city enforces the rules. The corporation
bought the property at 53 0/52 8 3rd St. E., rehabilitated it, and have had people moving
in and out of the building(s). They are only now, months later, asking permission for
this use.
7. It is our view that this conditional use permit should not be granted for 530/528 3rd St.
E. The placement of too many of these dormitories in a single neighborhood is not
fair to the local families. If the corporation needs additional space, let them spread
their impacts around the city.
Man e K. Johnson
Rita A. Johnso
C�
n
Al & Barbara Weed
623-3rd Street East
Kalispell .
June 9, 2009
Kalispell City Planning Board and Zoning Commission
2011 st Ave. East
Kalispell 59901
To: The Planning Board and Zoning Commission
This letter is in regard to the proposed conditional use permit requested by
Lost Horizon Ranch, LLC. We object to the granting of the requested
conditional use permit (CUP) for the following reasons:
1. The city has been operating under the erroneous assumption that
Montana law requires that the city approve the request. Such is not
the case for two reasons: 1) Section 76-2-412 M.C.A. applies to
facilities registered by the Montana Department of Health and
Human Services. Neither Lost Horizon Ranch nor its affiliate,
Montana Academy has any facility registered with the Montana
Department of Health and Human Services; 2) No exemption
from city zoning restrictions would apply in any event because the
Kalispell east -side complex has more than 8 youths occupying the
facility. Therefore, the three building complex operated by the
Montana Academy or Lost Horizon is not exempt from local
zoning restrictions, regulations or procedures and is not entitled to
automatic "residential" status as was stated in the Board's Notice
of Public Hearing.
2. Approval of the commercialization of the Kalispell residential east
side is not in accordance with the best interests of the majority of
Kalispell residents with homes in close proximity to the Montana
Academy complex/facility and the city has a duty to protect those
interests. The establishment of the east -side complex in the first
place was only beneficial to the monetary interests of the Montana
Academy owners and not of benefit to any actual residents of the
State of Montana. The previous approvals of the establishment of
C_>
the east -side group home needs to be reexamined with the
understanding that the city has never been obligated by statute to
approve any previously -requested CUP.
In light of the fact that Section 76-2-412. M.C.A. does not exempt
Montana Academy/Lost Horizon Ranch from zoning restrictions, the
city, as a bare minimum must table the requested CUP and investigate
the how previous approvals were obtained without Montana Academy
and Lost Horizon Ranch being registered with the Department of
Health and Human Services and fiu-ther investigate whether the
previous approvals were obtained under false pretenses.
Furthermore, the previous approvals should be considered void ab
initio and the Montana Academy/Lost Horizon Ranch should be
required to comply with all applicable zoning restrictions,
requirements and regulations.
We consider the very presence of a commercial youth group home in
our neighborhood to be objectionable and contrary to zoning
restrictions. The city has a duty to enforce those restrictions and
ensure that the character and quality of Kalispell's east side is
preserved. That duty can only be met by disapproving the requested
CUP.
Sincerely,
G��e
Al Weed
Barbara Weed
City of Kalispell Planning Department ;., i
201 lst Avenue East 0
Kalispell, MT 59901
KALISPELL PLANNING DEPARTMENT
June 3, 2009
Kalispell City Planning Board and Zoning Commission:
We would like to take this opportunity to express our concerns regarding the
establishment of a transitional group living house at 530/528 3rd Street East.
We object to this proposal because of the growing number of group homes in our
neighborhood. if this request is granted, there will be three such homes within one block
of our residence. 'Such a high concentration of group home's. changes. the nature of a
neighborhood comprised primarily of single-family residences. There is already a good
amount of foot traffic between the two existing group homes, and an additional facility
will only increase the number of individuals walking around our property multiple times
a day. The presence of any group home affects the quality of a neighborhood in terms -of
noise levels and traffic volumes. Proximity to a group home also lowers property values.
These are changes many neighbors do not wish to see.
As the parents of a young child, the safety of our neighborhood is also extremely
important to us. Six weeks ago, our home was robbed. The perpetrators broke into our
Q residence while we were sleeping and stole nearly $1,000 worth of property. It is well
established statistically that areas with a higher density of group residences also have a
greater incidence of crime. It is important to us that our neighborhood remain a safe and
family -friendly place to raise children.
We are familiar with the Montana Academy program, and we applaud the students for
graduating to the transitional residences. We also know that students living in the group
homes have backgrounds of poor decision making that led to their placement in such a
program in the first place. We are particularly concerned that the current policy of one
floating night staff between the homes does not provide adequate supervision at night.
The students in residence are teenagers, and we strongly feel that each home requires full
adult supervision at night both for the safety of the neighborhood and the students
themselves.
This is overwhelmingly a single-family neighborhood and should remain so in the future.
Thank you for considering our position.
Scott and Elizabeth Jones
515 3rd St. East
Kalispell, MT
59901
\�� CC: Montana Academy, attn. John and Rosemary McKinnon and John and Carol Santa
Michelle Anderson
From:
JonFetveit (onfetveit@gmail.com]
Friday, June 05, 2009 11:58 AM
�Sent:
,I)o:
planning@kalispell.com
Cc:
info@montanaacademy.com
Subject:
530/528 3rd Street East - CUP for transitional living program
Kalispell Planning Board:
I am unable to attend the planning meeting Tuesday June 9, but I wanted to voice my support for a conditional use permit
to locate a transitional living program for youths in the existing duplex at 530/528 3`d Street East. I am the home owner at
245 5th Avenue East right across the street and have received your notice in the mail concerning the matter. We have
been living in our East side home for over a year now, and have had a very positive experience with Montana Academy's
Transitional Homes. The kids in the program have generally been very polite and courteous. They have helped to clear
the ice from my sidewalk and offer a recycling pick-up service as well. We appreciate having friendly folks out on the
sidewalks and streets, including the night staff that keeps an eye on their properties.
Feel free to call me if you have any questions.
Thanks,
Jon Fetveit
871-6252