Loading...
I2. Absolute Ministries CUPDevelopment Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KCU-22-04 — Absolute Ministries Conditional Use Permit MEETING DATE: January 3, 2023 BACKGROUND: This application is a request from Aaron McPherson (Absolute Ministries) for a conditional use permit to allow a group home for up to eight (8) individuals located at 730 First Avenue West. The group home, which is located in an RA-1 (Residential Apartment) zone, is anticipated to house five (5) individuals as transitional housing as part of a faith -based drug and alcohol rehabilitation program. Individuals in the home would participate in the first phase of the program at a separate location and would have at least four (4) months of continuous sobriety before coming to the home. The property can be described as Lots 8 and 9 of Block 107 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana, excepting therefrom the southerly five (5) feet of Lot 9 when measured parallel with the south boundary thereof. The Kalispell Planning Board held a duly noticed public hearing on December 13, 2022, to consider the request. Staff presented staff report KCU-22-04, providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the Council that the request be granted subject to three (3) listed conditions. Five public comments were received at the public hearing as well as comments from the applicant. Additionally, several written comments were submitted. They included both supporting statements and concerns about the impact on the existing neighborhood and the conditional use permit process. The public hearing was closed and a motion was presented to adopt staff report KCU-22-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the three (3) conditions. Board discussion concluded that the request was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from Aaron McPherson (Absolute Ministries), for Conditional Use Permit KCU-22-04, a conditional use permit allow a group home for up to eight (8) individuals, subject to three (3) conditions of approval within the RA-1 Zoning District, located at 730 First Avenue West and which can be described as Lots 8 and 9 of Block 107 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana, excepting therefrom the southerly five (5) feet of Lot 9 when measured parallel with the south boundary thereof. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Grant of Conditional Use Letter December 13, 2022, Kalispell Planning Board Minutes Staff Report Application Materials and Maps Public Comment Aimee Brunckhorst, Kalispell City Clerk Retum to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Aaron McPherson Absolute Ministries 1205 South Main Street Kalispell, MT 59901 LEGAL DESCRIPTION: Lots 8 and 9 of Block 107 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana, excepting therefrom the southerly five (5) feet of Lot 9 when measured parallel with the south boundary thereof. ZONE: RA-1, Residential Apartment The applicant has applied to the City of Kalispell for a conditional use permit to allow a group home for up to eight (8) individuals located at 730 First Avenue West within the RA-1 (Residential Apartment) zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on December 13, 2022, held a public hearing on the application, took public comment and recommended that the application be approved subject to three (3) conditions. After reviewing the application, the record, the Kalispell Planning Department report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-22- 04 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow a group home for up to eight (8) individuals located at 730 First Avenue West within the RA-1 (Residential Apartment) zone, subject to the following conditions: That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. That the development of the site shall be in substantial conformance with the submitted application. 3. Any required licensing, inspections, and approvals shall be obtained/maintained from the appropriate state agency. Dated this 3rd day of January, 2023. STATE OF MONTANA ss County of Flathead Mark Johnson Mayor On this day of , 2023 before me, a Notary Public, personally appeared Mark Johnson, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING December 13, 2022 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham (chair), Rory Young, Pip Burke, Kevin Aurich, Doug Kauffman, and Joshua Borgardt. Kurt Vomfell was absent. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Kauffman moved and Aurich seconded a motion to approve the minutes of the October 11, 2022, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KCU-22-03 — BROWNSTONE A request from Mark Gillette for a conditional use permit to allow four PROJECT (4) multi -family residential units as part of a mixed -use development at 428 First Avenue West. The property can be described as Lots 7 and 8 of Block 74 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-22-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-22-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. PUBLIC HEARING None. MOTION — KCU-22-03 Kauffman moved and Aurich seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-22-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to conditions in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KCU-22-04 — ABSOLUTE File #KCU-22-04 — A request from Aaron McPherson (Absolute MINISTRIES PROJECT Ministries) for a conditional use permit to allow a group home for up to eight (8) individuals located at 730 1st Ave W. The group home is anticipated to house five (5) individuals as transitional housing as part of a faith -based drug and alcohol rehabilitation program. Individuals in the home would participate in the first phase of the program at a separate location and would have at least four (4) months of continuous sobriety before coming to the home. The property can be described as Lots 8 and Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page I 1 9 of Block 107 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana, excepting therefrom the southerly five (5) feet of Lot 9 when measured parallel with the south boundary thereof. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-22-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-22-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Graham requested more detail on the requirement for approval on the CUP without a license. Sorensen clarified that it is considered a single-family residence and that state and federal laws under fair housing consider addiction to be a disability and cannot discriminate based on disability. Burke asked for clarification on the license requirements and if the home would be run as a business. Sorensen stated that a license was not required by the state since there is not a therapeutic component, and that under zoning, it would be considered residential because people are living there, and would be similar to any house that is for rent. Nygren stated that there have been a number of applications for this type of use that cannot be restricted and that the public hearing process through the conditional use permit starts the dialogue between the applicant and neighbors. Borgardt asked if the CUP carries to the future sale of the property. Sorensen stated that it does run with the land. Young asked if any conditions must be conditions similar to single family residents. Sorensen advised that any conditions could not be more restrictive than any single family residence. PUBLIC HEARING Gary Hall 140 Steppe Lane, Columbia Falls — Mr. Hall has known the applicant for many years and is familiar with the program and its residents. He hopes that the Board will recommend this to Council. Norma Linksy — 725 2nd Ave W — Ms. Linsky has concerns regarding parking, cars hitting her trees, property values, and overflowing garbage cans with the current number of residents. She feels that the decision was made before she had a chance to comment. She also feels that Absolute Ministries is a commercial enterprise. Matt Banks — 725 2nd Ave W — Mr. Banks does not want this facility near his home. He has concerns regarding his property value. He will fight this to the extent that he is capable of doing and feels like it is "kangaroo court" since the decision has been made. He also feels like the applicant went about this surreptitiously and should have contacted the neighbors prior to purchasing the property. Mr. Banks stated that this CUP detracts from the community. Don McPherson — 5410 US Hwy 93 S, Whitefish — Mr. and Mrs. McPherson currently house Absolute Ministries residents and stated that they are interested in changing their previous lifestyle of alcohol or drug abuse. Pastors, churches, and volunteers are constantly working with the Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page 12 residents and will continue to do so when they move into the Kalispell house. Residents have jobs and are volunteering. Tony Willetts — 825 2nd Ave W — Mr. Willetts has known the applicant for several years and has witnessed his stringent parameters. He stated that neighbors have to be vigilant and report to the police if there is a situation. Mr. Willetts supports the CUP. Aaron McPherson — 220 Peregrine Whitefish — Mr. McPherson reassures the public that the house will not be an eyesore and that this is not a halfway house. Absolute Ministries is a mentoring program that does not accept violent offenders or sex offenders. His desire is to stand out as a presentable property and a clean home. Residents are highly monitored. He held an open house 2 weeks ago and is happy to meet with anyone on any specific issue. He plans on being a good neighbor. MOTION — KCU-22-03 Kauffman moved and Borgardt seconded a motion that the Kalispell Planning Board adopt staff report #KCU-22-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to conditions in the staff report. BOARD DISCUSSION Borgardt confirmed with Aaron McPherson that no violent or sex offenders are not allowed in the program, and that all occupants are men. Borgardt also requested numbers on the current level of people who go through the program that have not been successful and how many of these men are still in the valley. Mr. McPherson stated that 4 out of 12 men are still in the program and some are in the valley. Aurich asked how many of the men that are currently in the Whitefish house would be eligible to move into the Kalispell house. Mr. McPherson stated that 2 of the existing 4 would be eligible to move into the Kalispell house. Burke commented that there is no clear way for the Board to deny this CUP and that addiction is a part of life and encouraged neighbors to keep an open discussion with McPherson. Graham asked Staff about the trash in the alley; Nygren stated that it's a simple request to Public Works to either assess the users or add an additional container. Graham also asked Staff to clarify if collecting rent is considered a business; Sorensen clarified that collecting rent does not make it a business because the focus is on the underlying use; RA-1 zoning includes group homes. Borgardt shared that he has a defunct halfway house on his street. He bought his house for full book value and has neighbors that have sold their houses at full book. He stated that when homes like this are not managed, things can go awry, and Mr. McPherson is presenting something very different. Kauffman stated that historically there have been numerous groups homes come through the Planning Board, however in each situation, all parties have been involved and have been positive. He recommended that all parties talk things out. Graham commented that the Planning Board, Council, and the City does not have any latitude to deny the CUP and that he is hopeful that the neighbors can communicate with the applicant to address their concerns. ROLL CALL Motion passed unanimously on a roll call vote. AMENDMENT TO WESTSIDE A request has been submitted to include 5th Street West between 5tn PARKING MANAGEMENT ZONE Avenue West and 6th Avenue West within the Westside Parkin Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page 13 Management Zone. The Westside Parking Management Zone was established by Ordinance 1759 on August 2015. At that time, it was found that within the vicinity of Flathead High School the demand for curbside parking far exceeds the curbside space available resulting in limited availability of curbside parking for residents, congested streets and compromised roadside safety. Accordingly, residents, students and teachers have to purchase parking permits in order to park on the street within the Parking Management Zone. Ordinance 1759 allows for the amendment of the Parking Management Zone by increasing or reducing the boundary after holding a public hearing before the Kalispell City Planning Board. Requests to be added or removed from the management zone shall be done at the block face level (both sides) of the avenue or street by petition from at least 75% of the property owners. In this case, a petition has been submitted by property owners on the frontage described above to be included in the Parking Management Zone. The petition includes a request to be include within the Parking Management Zone from 6 of the 7 property owners (85%). The area proposed to be included within the Westside Parking Management Zone can be described as the public right-of-way between the southern boundary of Block 176 of Kalispell Addition Number 1 and the northern boundary of Block 177 of Kalispell Addition Number 1, and between the eastern edge of the right- of-way of 6th Avenue and the western edge of the right-of-way for 5th Avenue West. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed the Amendment to Westside Parking Management Zone. Staff recommends that the Kalispell City Planning Board hold a public hearing and take public comment on the proposed Westside Parking Management Zone amendment. If the board feels the request is appropriate, a recommendation to the council for an amendment to Ordinances 1759 and 1817 Exhibits "A" and `B" would be in order. BOARD DISCUSSION None. PUBLIC HEARING Mary -Anne Miller — 546 5th St W — Stated she has concerns for safety due to increase of student drivers and people speeding through the school zone on 5th St W. Ms. Miller is asking to limit the number of cars and traffic. Michelle Paine — Principal, Flathead High School- Ms. Paine stated that ample parking exists on some of the streets within the Parking Zone and would like it to be reevaluated before amending the parking zone. Laurie Lacroix — 477 7th Ave W — Ms. Lacroix feels that the way the student drivers are driving is big public safety issue. She would like something to be done about this. MOTION Kauffman moved and Burke seconded a motion that the Kalispell Planning Board forward a motion to the City Council to amend the West Side Parking Management Zone as identified in Ordinance 1759 per the staff report. BOARD DISCUSSION Graham asked staff if the Parking Zone is not being expanded. Sorensen confirmed that it is not being expanded and that only one side of the street Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page 14 is restricted. Also, under the ordinance, 75% of the property owners must sign the petition to be added to the zone. Nygren stated that this zone was drafted so it can be expanded and that it is being monitored by Parking Enforcement. Kauffman stated that the program has been effective since the ordinance was adopted and since there is at least 75% of residents requesting the amendment, he is in support of forwarding to Council. Graham stated that the zone has been successful and will support this amendment. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS None. NEW BUSINESS Nygren updated the board on the upcoming January loth Planning Board Meeting. ADJOURNMENT The meeting adjourned at approximately 7:34pm. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page 15 ABSOLUTE NIINISTRIES CONDITIONAL USE PERMIT — STAFF REPORT #KCU-22-04 KALISPELL PLANNING DEPARTMENT DECEMBER 7, 2022 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit for a group home for up to eight (8) individuals located at 730 First Avenue West. A public hearing on this matter has been scheduled before the Planning Board for December 13, 2022, beginning at 6:00 PM, in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION This request from Aaron McPherson (Absolute Ministries) is for a conditional use permit to allow a group home for up to eight (8) individuals located at 730 First Avenue West. The group home is anticipated to house five (5) individuals as transitional housing as part of a faith -based drug and alcohol rehabilitation program. Individuals in the home would participate in the first phase of the program at a separate location and would have at least four (4) months of continuous sobriety before coming to the home. A more detailed description of the program is attached to this report as Exhibit A, which has been provided by the applicant. The use of the existing single-family home as transitional housing is in some senses a continuation of the existing use. Court decisions and existing law require a focus on dwelling units rather than blood relation when determining whether or not a residence is considered to be single-family. The fact that the residents are not related does not mean in itself that it is not a single-family residence any more than roommates choosing to live together in a single dwelling unit makes it anything other than a single-family residence. The focus is on the physical make-up of the dwelling: entrances, layout, etc. However, the nature of the transitional housing use as part of a rehabilitation program does create the perception that the use is more akin to a group home or community residential facility. In many situations, a group home or community residential facility would operate under a license from the State. When it does, state law provides certain protections under Section 76-2-412, MCA, which treats the use as a single-family residence for all purposes and mandates that a conditional use permit be granted if one is required. In this instance, the home would not be required by the State to obtain a permit and it would not be applying for one. Nevertheless, under Section 27.02.030 of the zoning ordinance, when a use does not fit directly into a use listed in the ordinance, it is to be classified as a listed use that is most similar. In this case, it was determined that a group home was the most similar and a single-family dwelling as the next closest. Therefore, because a group home with eight (8) or fewer residents is a conditionally permitted use in the RA -I (Residential Apartment) zone, the conditional use permit was necessary. Although the proposed use is not directly protected by state law in this case under Section 76-2- 412, MCA, it is operating under the same general guidelines and would still be considered a single- family use. Furthermore, both federal and state law offer general protections from restrictions related to such a use (in this case, discrimination based on disability), which could be considered forms of discriminatory housing. Consistent with those requirements, reasonable conditions may be placed on the facility consistent with conditions that might be placed on single-family homes. A: Applicant: Aaron McPherson 1205 South Main Street Kalispell, MT 59901 B: Location: The subject property is located at 730 First Avenue West and can be described as Lots 8 and 9 of Block 107 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana, excepting therefrom the southerly five (5) feet of Lot 9 when measured parallel with the south boundary thereof. C: Existing Land Use and Zoning: The subject property is located within an RA-1 (Residential Apartment) Zoning District and is developed with a single-family residence. The RA-1 zone is a "residential district intended to provide for urban areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services, parks, or shopping districts. This zoning district would typically be found in areas designated as urban residential or high density residential on the Kalispell Growth Policy Future Land Use Map." ®s.d�Pa2� as Rneide-1 _i �id­ v� Kalispell Zoning Lots 8 and 92 Block 107 — 730 1st Ave W R� r Subjett N-1 D. Size: The subject property is approximately 6300 square feet in size. E: Adjacent Zoning: West: RA-1 North: RA-1 East: RA-1 South: RA-1 F: Adjacent Land Uses: West: Single-family North: Single-family; Church; Elementary School East: Single-family; Offices South: Single-family; County offices and jail o� �1Ce5 G: General Land Use Character: The :-,d, e<i. N 0 70 140 280 420 a,me,d caN :5.1 1 Feet , Basemap: surrounding neighborhood is an established o,.sw, s,d,urdd - 11j17J ozz A Esn Community Maps, ArcG &mm single-family area in close proximity to the southern end of Main Street, which is characterized by offices, churches, an elementary school, and a city park. The largest single uses in the area are the county office/courthouse complex and county jail to the southeast and Flathead High School to the west. _'o 1[ Kalispell ', Policywth , ,., �_N ME t r H: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Mixed Use. As it implies, an urban mixed use area would contemplate a range of both residential and commercial development. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. 3 L• Availability of Public Services and Extension of Services: The property is currently located within the City of Kalispell and all services are available to the property. Sewer: City of Kalispell Water: City of Kalispell Solid Waste: City of Kalispell Electricity: Flathead Electric Cooperative Gas: Northwestern Energy Phone: CenturyTel Police: City of Kalispell Fire: City of Kalispell Schools: School District 95 — Elrod Elementary/Flathead High School EVALUATION OF THE CONDITIONAL USE PERMIT REQUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. A conditional use permit may be granted only if the proposal, as submitted, conforms to all of the following general conditional use permit criteria, as well as to all other applicable criteria that may be requested. The requested conditional use permit would allow a group home for up to eight (8) residents. 4 1. 2. 3. Site Suitability: Adequate Useable Space: The subject property is approximately 6300 square feet and is already developed with a single-family residence. No additional construction is anticipated at this time. b. Height, bulk and location of the building: The existing single-family residence is a two-story structure with a detached garage. No additional construction is anticipated at this time, but any future construction which may occur would need to comply with city building and zoning regulations. Adequate Access: The property is located on First Avenue West. It has adequate access to city streets as well as an alley where the garage is located. d. Environmental Constraints: There are no known environmental constraints, such as steep slopes, streams, floodplains, or wetlands on the property, which could affect the proposed use. Appropriate Design: Parking Scheme/Loading Areas: The existing garage and driveway provide sufficient parking to meet the minimum two (2) parking spaces required under zoning. b. Lighting_ Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. Any exterior lighting which may be installed would be required to meet those standards. Traffic Circulation: The site is served by a residential driveway off of the adjacent alley. d. Open Space: The property has typical open/lawn area associated with a single-family residence. Fencing/Screening/Landscaping: The yard contains a grass lawn. f. Signage: There is no signage proposed at this time, and any signage in the future would need to comply with sign regulations for the RA-1 zone. Availability of Public Services/Facilities: Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the project. b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs beyond a single-family residence are expected. Station 61 is approximately five blocks from the subject property giving good response time. C. Water: City water is available and would serve the property with an existing main. d. Sewer: Sewer service will be provided by the City with an existing main. Storm Water Drainage: There are no special storm drainage requirements relating to the site. Solid Waste: Solid waste pick-up will be provided by the City. g. Streets: The property is on First Avenue West, which provides access to the greater City of Kalispell circulation system. h. Sidewalks: There is a sidewalk across the full frontage of the property. Schools: This site is within the boundaries of School District #5. The group home would house adult males and there would be no impact on the schools. Parks and Recreation: While there are no parkland requirements associated with this use, the property has a yard with recreational value and is near a city park. 4. Neighborhood impacts: Traffic: The property accesses existing public streets. Any impacts would be minimal and would be generally consistent with residential patterns in the area. b. Noise and Vibration: The property is already developed as a single-family residence and the proposed use as a group home for eight or fewer residents would be consistent with that type of use. Dust, Glare, and Heat: The use of the property as a group home would not generate any unreasonable dust, glare, and heat. d. Smoke, Fumes, Gas, or Odors: The use will not create additional smoke, fumes, gas and odors. Hours of Operation: As the property is proposed for residential use, there will be no specific hours of operation outside of typical residential functions. Residents of the home will have a curfew. 5. Consideration of historical use patterns and recent changes: The area is an established, primarily single-family neighborhood in the west side of Kalispell that is in a transitional area with office uses on Main Street, Flathead High School to the west, and multiple types of residential uses. There have not been any recent changes and it is expected that the historical use of the neighborhood will continue. 6. Effects on property values: No significant negative impacts on property values are anticipated as a result of the requested conditional use of the property. 7. Impact on surrounding area: After considering the foregoing review criteria, it is found that the proposed use conforms to the requirements set forth in Chapter 27 of the Kalispell Zoning Ordinance. Furthermore, the application of generally applicable design standards and the conditions of approval provided for herein ensure that the proposed use of the property will have no more adverse effect on the health, safety, or comfort of persons living or working in the area and will be no more injurious, economically, or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. RECOMMENDATION The staff recommends that the Kalispell Planning Board adopt staff report #KCU-22-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: CONDITIONS OF APPROVAL That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. That the development of the site shall be in substantial conformance with the submitted application. 3. Any required licensing, inspections, and approvals shall be obtained/maintained from the appropriate state agency. EXHIBIT A Absolute Ministries Kalispell is a housing, mentorship, and Christian discipleship program that was started herein the Valley in the summer of 2021. We currenity have a house in Happy Valley with room for 4 members. We exist to break the cycle of rehab that many men in our valley find themselves trapped in. ►Ne take in, men through our application process that have recently completed a drug & alcohol rehab and who have a desire to follow Jesus in this next phase of their life. All members of Absolute will start their journey with us at our current location in Happy Valley in what we call "square one". This phase consists of • Volunteer work initially and then moving on to assisting them In finding full-time employment. + Providing transgortalion to and from work, meetings and church ■ Mandatory morning devotionals and 2X weekly teachings/Bible studies ■ Assisting them in finding and becoming a part of a local Bible believing Church • Weekly drug testing * Abstaining from Nicotine (also tested weekly) * Cornoletion of workbook programs "Experiencing. God" and "Freedom in Christ" Agreeing to not pursuing any romantic relationship while in the program. * Adhering to the financial structure and guidance package The House listed for this CUP (7301" Ave West) would be our next step after square one. Individuals at this "next step" house will have at least 4 months of continuous sobriety. Be regular Church attenders and be participating in serving at their Church. They will have been working at the same job for at least a couple of months. Some will have a car. Most will still need rides to and from work. They will all be engaged in the workbook curriculum of Absolute ministries and have a mentor that will be meeting with them 2x a month. This "next step" period will last 1-2 years. Our program is to walk alongside these men for an extended period. In order for real sustainable life transformation to take place. While they are in the "next step" This phase will consists of • full-time employment. ■ Providing transportation to and from work, meetings and church Mandatory 2X weekly teachings/Bible studies • Staying apart of and serving at their local Church + Random Drug testing • Abstaining from Nicotine + Completion of the workbook programs "4 Season of Absolute" • Agreeing to not pursuing any romantic relationship while in the program. Adhering to the financial structure and guidance package Development Services Department Cl'1'Y OI' 2011st Avenue East Kalispell, 59901 SPELLPhone (406) 758-794-7940 CONDITIONAL USE PERMIT Email: olanninciMalisnell.com Website: www.katispell.com Project Name Absolute Ministries Property Address 730 1st Ave West, Kalispell NAME OF APPLICANT Aaron McPherson Applicant Phone 406-270-1313 Applicant Address 1205 S Main City, State, Zip Kalispell, MT 59901 Applicant Email Address aaron.mcpherson@absoluteministries.org If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application OWNER OF RECORD Aaron S. McPherson Ovmer Phone 406-270-1313 Owner Address220 Peregrine Ln City, State, Zip Whitefish, MT 59937 I Owner Email Address aaron.mcpherson@absoluteministries.org CONSULTANT (ARCH ITECTIENGINEER) Phone Address City, State, Zip Email Address POINT OF CONTACT FOR REVIEW COMMENTS Aaron Phone Same Address Same City, state, Zip Email Address Same List ALL owners (any individual or other entity with an ownership interest in the property): Aaron S McPherson 100% Legal Description (please provide a fall legal description for the property and attach a copy of the most recent deed): Lots 8 and 9 of Block 107 of Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. EXCEPTING THEREFROM the Southerly 5 feet of Lot 9 when measured parallel with the South boundary thereof KAL, S 18, T28 N, R21 W, Block 107, Lot 008, LOT 8 & N 20FT of 9 ASM please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. Development Services crrY COP � Department 2011st Avenue East LiiSPEILIL Kalispell,54401 Phone (406) 758-7440 1. Zoning District and Zoning Classification in which use is propsed: RA-1 2. Attach a site plan of the affected lot which identifies the following items: a. Vicinity map and surrounding land uses b. Dimensions and shape of lot c. Topographic features of lot d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings f. Existing use(s) of structures and open areas g. Proposed use(s) of structures and open areas h. Existing and proposed landscaping, screening, fencing, open space & signage i. Exisiting and proposed parking, loading, lighting & traffic circulation j. Exisiting and proposed garbage collection, streets & utilities k. Floodplain if applicable I. Adjacent sidewalks & bike trails I Attach Building Elevations - (drawing of any proposed building and/or addition showing views from north, south, east and west } 4. On a separate sheet of paper, discuss the following topics relative to the proposed use (please elaborate beyond referencing materials listed above): a. Traffic flow and control b. Access to and circulation within the property c. Off-street parking and loading d. Refuse/garbage collection and service areas e. Utilities (water, sewer, electric, etc.) f. Screening and buffering g. Signs, yards and other opens spaces h. Height, bulk and location of structures i. Location of proposed open space uses j. Hours and manner of operation k. Noise, light, dust, odors, fumes, vibration, glare and heat I. Storm drainage m. Fire/Police 5. Attach supplemental information for proposed uses that have additional requirements (consult Planner) I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Date Development Services crrY of Department 201 Avenue East KALISPELL hone ( 06) 758 794 Kalispell, MT 59901 Phone {406i 756-794D APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board Hearing) A pre -application meeting with a member of the planning staff is required. Application Contents: 1. Completed application form & attachments 2. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. *Note - verify with the Flathead County Clerk & Recorder that the legal description submitted is accurate and recordable. They can be reached at (406) 758-6526. 3. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 4. Application fee based on the schedule below, made payable to the City of Kalispell: Single Family 110 or fewer trips per day) $250 Minor Residential (2-4 units or 1149 trips per day) $300 + $251unit or every 10 trips Major Residential (5 or more units or 50+ trips per day) $350 + $501unit or every 10 trips Churches, schools, public/ quasi -public uses $350 Commercial, industrial, $400 + $50lacre medical, golf courses, etc or unit or $.051sf of leased space over 5,000 sq ft whichever is greater Map/Site Plan #2 John C. Barrett, CAA 9 GWffl* UiA p Hamilton S.WV Coil d,,se MCGatvoyl Anderson, PLL HistpriC� ist�cl iempora"y Msetr +g "OM 9 Flathead County Clerk and Pecordfet Youth Court Serv/es Subject Property 730111 Ave West. Showing surrounding homes and zoning Ehe X:A JR � \.y ' ����a 4f% e,411 .pi- � .� . 7m.\ :wy .�- - . - ■� � kL .47 fir AM � r• k , wr � 1 3x y I q r.� ,Z& CUP Responses to Question #4 a. Traffic Flow and Control. The existing traffic flow will be adequate for the proposed use. b. Access to and circulation withing the property Access to the front is via I" Ave West. Access to the back of the house and the garage area is via the alley way. c. Off- Street parking and loading. There is a two car Garage in the rear. Infront of the garage on a concrete pad there is room for two cars. Along the south side of the garage there is room for 2 cars. d. Refuse/garbage collection and service area Garbage is handled by the city. There are shared bins in the alley. e. Utilities (water, sewer, electric) The property is on City water and sewer. All utilities exist and are in good working condition. f. Screening and buffering This is not needed. No new construction g. Signs, yards and other opens spaces We will not have any signage. The front yard is open and will be maintained by Absolute. The back yard is mostly fenced and will be maintained by Absolute. h. Height, bulk and location of structures We are NOT making any additions to the heigh, bulk or location of structure i. Location of proposed open space uses We are NOT proposing any open space use j. Hours and manner of operation This will be a home residence for Members of Absolute Ministries. The Curfew for residence in the house will be from 10pm to Midnight. Depending on their level and length of time in the program. All Members at this house will have full- time employment or be enrolled in full-time school at FVCC. k. Noise, light, dust, odors, fumes, vibrations, glare, and heat. This is a residential house and residential ministry program. Hence, nothing we do will be different or in addition to, what one might normally be accustomed to from a large 5-8 person family. I. Storm drainage The storm drainage is established and on 1st Ave West m. Fire/Police This property is located .4 miles away from the Kalispell Fire Department and the Kalispell Police Station. This is a Fire Station with full time Employees. #5 Supplemental information for Proposed uses. Absolute Ministries Kalispell is a housing, mentorship, and Christian discipleship program that was started here in the Valley in the summer of 2021. We currently have a house in Happy Valley with room for 4 members. We exist to break the cycle of rehab that many men in our valley find themselves trapped in. We take in men through our application process that have recently completed a drug & alcohol rehab and who have a desire to follow Jesus in this next phase of their life. All members of Absolute will start their journey with us at our current location in Happy Valley in what we call "square one". This phase consists of • Volunteer work initially and then moving on to assisting them in finding full-time employment. • Providing transportation to and from work, meetings and church • Mandatory morning devotionals and 2X weekly teachings/Bible studies • Assisting them in finding and becoming a part of a local Bible believing Church • Weekly drug testing • Abstaining from Nicotine (also tested weekly) • Completion of workbook programs "Experiencing God" and "Freedom in Christ" • Agreeing to not pursuing any romantic relationship while in the program. • Adhering to the financial structure and guidance package The House listed for this CUP (730 V Ave West) would be our next step after square one. Individuals at this "next step" house will have at least 4 months of continuous sobriety. Be regular Church attenders and be participating in serving at their Church. They will have been working at the same job for at least a couple of months. Some will have a car. Most will still need rides to and from work. They will all be engaged in the workbook curriculum of Absolute ministries and have a mentor that will be meeting with them 2X a month. This "next step" period will last 1-2 years. Our program is to walk alongside these men for an extended period. In order for real sustainable life transformation to take place. While they are in the "next step" This phase will consists of • Full-time employment. • Providing transportation to and from work, meetings and church • Mandatory 2X weekly teachings/Bible studies • Staying apart of and serving at their local Church • Random Drug testing • Abstaining from Nicotine • Completion of the workbook programs "4 Season of Absolute" • Agreeing to not pursuing any romantic relationship while in the program. • Adhering to the financial structure and guidance package CITY OF Kalispell Zoning KALISPELL Lots 8 and 92 Block 107 — 730 1st Ave W ® Ce Subject Parcel B-4 ntral R-4 B-4 Central Business Business _ Residential P-1 Public R-4 Residential R-5 Residential/Professional Office RA-1 Residential Apartment Subject Parcel Data Sources: P-1 Public ce Montana Cadastral, N 0 70 140 280 420 Flathead County GIs. Feet City of Kalispell GIs, Basemap: Austin Bachurski - 11/17/2022 Esri Community Maps, ArCGIS.com CITY OF7�11� Kalispell Growth Policy KALISPELL Lots 8 and 92 Block 107 — 730 1st Ave W ® Subject Parcel mA Commercial = Urban Mixed Use Urban Residential Public/Quasi Public, Openspace 6Jn M Subject Parcel Data Sources: W, Commercial Commercial Montana Cadastral, N 0 65 130 260 390 Flathead County GIs. Feet City of Kalispell GIs, Basemap: Austin Bachurski - 11/17/2022 Esri Community Maps, ArcGlS.com CITY OF 730 1st Ave W ® Subject Parcel 0 Mailing List Parcels KALISPELL 0 Other Parcels Data Sources: Montana Cadastral, N 0 40 80 160 240 Flathead County GIs. Feet City of Kalispell GIs, Basemap: Austin Bachurski - 11/17/2022 Esri Community Maps, ArcGIS.Com From: Roger Sayre To: Kirstin Robinson Subject: EXTERNAL KCU-22-04 Date: Friday, November 25, 2022 11:42:17 PM From: Roger Sayre, 704 First Ave W. Kalispell, MT. To: Kalispell City Planning Board and Zoning Commision, 201 First Ave E., Kalispell, MT. Ladies and Gentlemen: I'm writing to you today because my work schedule prohibits me from attending the December, 13th Planning board meeting. Please send me an E-mail and let me know you received this. KCU-22-04 is a proposal to put a halfway house for drug addicts at the location of 730 First Ave W., which is 5 houses down from my house. This is a proposal from Absolute Ministries. Absolute Ministries is a corporate nonprofit based in Auburn, WA. It has received a rating of 2 stars on charity navigator. Please vote against this proposal. I bought my beautiful house 3 years ago, the house is on the historic registry. This house represents 3 Generations of work in my family. I'd like to be able to let my dogs out or take a walk without an increased fear of being accosted. I would also like to not see my home value drop. Kalispell has been ruined by developers and you can watch the urban decay growing daily, homelessness, drugs, crime, etc. The letter I received states that the inmates of this halfway house will have been sober for 4 months before they get there. Unfortunately I've noticed in the past that things like this often come up at approval boards and are easily forgotten afterwards. Thank you for your consideration in this matter. Respectfully Roger Sayre Sent from Outlool< December 1, 2022 Re: Comments on CUP application from Aaron McPherson/Absolute Ministries I live at 738 15t Ave West, next door to the property which the ministry is seeking to operate as a drug and alcohol rehabilitation group home. I have lived in this location for over 20 years. As a member of the community, I also have many years of experience working and volunteering in group homes, providing job placement to people with severe employment obstacles, volunteering with vulnerable populations living on the street, and have friends who currently reside in group homes for people with disabilities. I share this so the planning department and board will know that while I have a stake in the conversation due to potential impacts on my home and its value, I also have relevant life experience and insight that I hope decision makers and Absolute Ministries will find useful. This facility would transform our neighborhood overnight and in ways which cannot be fully anticipated. I believe a vote should be delayed or denied for the following reasons: Inadequate time allowed for response I found out about Mr. McPherson's plans by accident when I first met him on November 16t" and I asked if he was going to live there or rent the house. He explained it was going to be a group home for men coming out of rehab as part of his new ministry. I was quite taken aback because the information was presented to me as if the new use was already approved. And in fact, that day when I visited the website for the Washington State based ministry (Men's House in Kalispell, MT I ABSOLUTE Ministries), they were already taking applications, advertising housing amenities included in their fee structure vs. renting elsewhere and charging a $100 application fee. Therefore, 1 called the planning department the some day (Nov 16) and was told by the department that Mr. McPherson had not yet even applied for a permit. Because he had missed the deadline (which according to the city planning website was November 7), 1 was told it would be "at least a couple of months" before this went before the planning board. Yet when I happened to open the mail on November 25t", I saw that somehow this issue is already on the December agenda, allowing only a short period sandwiched between the holidays for neighbors to learn more or even learn of it at all. For example, the adjoining house to the north of the property is currently for sale. • This is inadequate time for neighbors to educate themselves for such a dramatic change in usage, especially when it will be the first such type of housing (their "Next Step") to be operated here by this ministry. Lack of substantive information on the CUP I am distressed at the casual lack of details and, in some cases, misinformation provided on the CUP. 1) There is no reference in the CUP documents to any staff at the proposed group home/residential recovery facility, nor mention of being a licensed group home or licensed facility equipped to manage the needs of this population. Is there live-in staff on -site? Is there a group home manager on hand for resident support, to ensure compliance and resolve problems if house rules are broken, and to act as a resource for neighbors? Is there clinical oversite, etc.? Are there live-in staff in the location referred to as "square one" (see Response #5)? • From the limited materials provided, it would appear this is not a licensed group home or residential recovery facility. 1 see and respect that there are mentors/volunteer support, Bible studies, a workbook curriculum and a desire to help these men in their recovery. But a licensed facility has a care team, on -site staff and professional, clinical oversite to ensure quality and consistency of care, safety and well-being of residents. If indeed it is unlicensed and/or unstaffed, does this still meet the standard for a group home? Neighbors deserve much more information on management and staffing of the group home to ensure the ministry is qualified for such an endeavor. Live-in staff would need to be factored into impacts of the group home as well. 2) Mr. McPherson states the group home for up to 8 individuals will be no more impactful than "what one might normally be accustomed to from a large 5-8 person family," (CUP response #4K). • Clearly, comparing the impacts of a family in a 1,334 sq/ft home with the impacts of 5-8 unrelated adult males sharing that some space is comparing apples to oranges. It goes without saying there will be more impacts with the latter, beyond just the topic of question #4K (noise, light, etc.) - in terms of traffic produced, transportation needs, parking required, garbage produced, etc. The CUP needs a thoughtful response to questions about impacts. Also, please note the lot dimensions as provided by Mr. McPherson on Map/Site Plan #2 are incorrect, the width of the property is only 45 feet, so it is a smaller outdoor area than indicated. Refer to legal description and the property's Certificate of Survey #5795. These are not big houses with spacious lots, buffers and privacy fencing. My lot is only 30 feet wide and the only division between the two is a chain link fence. 3) In response to the issue of adequate parking, Mr. McPherson provides photos and text stating there is a 2 car garage, 2 car pad and 2 spots on the south side of the garage, implying there is capacity for 6 spots off street (CUP response #4C). This is incorrect. use • There is effectively no parking on the south side of garage at all, as the picture demonstrates- there is a utility pole and a garbage container directly in the way. The arrow indicates my property line, with my carport and car on the left. • There are 2 functional spots —either in the garage or on the pad behind the garage, although the Kalispell City Zoning Ordinance says, "For any use other than single family residential and duplexes, parking spaces which back into an alley shall be set back ten (10) feet from the alley right-of-way line" (27.24.030). • Obviously, setbacks or variances are for a planner to interpret, but/ point it out because it speaks to the recognition in ordinance that there is a practical difference between a single-family dwelling in this neighborhood and converting it to some other The CUP should more realistically and thoughtfully address parking on our street/alley. 4) The CUP does not address inadequate garbage bins for this use (CUP response #4D). • Here is the bin between our houses on Nov 27, when the house in question was still uninhabited. It is typical of weekly usage. Of course, my neighbors from the other side of the alley and 1 use another one when it is full, but so would 8 adult group home tenants. Current receptacle capacity is inadequate for such increased use. The CUP should address the need for additional trash receptacle(s), which should solely be assessed to their facility vs. being taxed to neighbors. For these reasons, I believe this is an ill -planned use of this home. If not denied outright, the decision to approve this facility should be tabled to give Absolute Ministries the chance to provide substantive answers to the questions that actually matter to a neighborhood, especially regarding staffing and group home management. Further, the neighborhood needs enough time to allow those impacted the chance to digest the information after Christmas. Respectfully, /Dawn Tacke/ Dawn Tacke 738 15Y Ave West Kalispell MT 59901 From: Dawn Tacke To: Kirstin Robinson Cc: Ryan Hunter; Jessica Dahlman Subject: EXTERNAL McPherson CUP -File KCU-22-04 Comments on Staff Report Date: Wednesday, December 7, 2022 7:31:25 PM I have already submitted detailed remarks in response to the CUP supplied by Absolute Ministries. The remarks below are in response to the staff report, if you could please ensure they are included in the packet for board review. I would also welcome a reply email if planning staff can shed some light on my questions. 1. I have read and am confused by the staff report. The Department required a CUP for a group home as most similar use, but does not identify any criteria it used as a standard for group homes. Instead, the facility is held only to the same standards as a single-family dwelling with no real conditions for conditional use as a group home identified. Are there no criteria for residential facilities in your zoning? What then was the purpose of a CUP? 2. The report states (pg 7) Absolute Ministries should obtain licensing if it is required, but the report says earlier that in this instance, it is not required (pg 1). Why in this instance is the home not required by the state to be licensed? I've called the state many times, with no reply at all to my queries. The staff report does not elaborate on their statement - is the reason the facility is not required to be licensed in this instance only because the City of Kalispell does not require it to be licensed? Even Flathead County zoning regulations have requirements for community residential facilities (such as group homes) and they include licensure. I confirmed with a phone call to the planner on duty that for the county, their licensure requirement would include facilities with 8 or fewer residents. Yet the City has no requirements? 3. There is an implication in the staff report that somehow if the city required a standard of care via a license or a certain number of parking spots per bed beyond that of a single family dwelling, it would constitute discrimination (last paragraph, pg 1). Flathead County requires basic standards be met, including for small residential facilities, and they do not seem to think it is discriminatory. In fact, common sense standards for operating facilities like this elevate care and promote equality of service for those in need as opposed to being discriminatory. Further, I would like to point out that this housing is not available to the public nor just anyone with substance abuse issues. It is operated by a new ministry for its own members who pay the ministry for program services for which there are no standards. 4. Lastly, if you could please provide the method or metric used to determine an unlicensed facility of this type has no adverse impact on my property value, as stated in your report (pg 7). Thank you, Dawn Tacke From: Jarod Nvoren To: Kirstin Robinson Cc: PJ Sorensen Subject: FW: EXTERNAL Absolute Ministries permit request Date: Tuesday, December 13, 2022 10:14:23 AM Kirstin, Can you forward this comment to the Planning Board please. Jarod From: James Driscoll <jimdriscoll@rcofmt.com> Sent: Tuesday, December 13, 2022 10:09 AM To: Jarod Nygren <jnygren@kalispell.com> Subject: EXTERNAL Absolute Ministries permit request Good morning Jarod, I hope this email finds you well. Unfortunately I am unable to make this evening's planning board meeting so I am emailing you, including the following statement in support of the permit request for absolute ministries and their president and CEO Aaron McPherson, with the request that the statement be read into the record during the public comment period. I would appreciate a quick email back to me that you did receive this today. Thank you in advance for your time. "My thanks to each and every planning board member and the staff for all your hard work and dedication for our city. I served a five-year term back east on the planning board and know firsthand how difficult and challenging some of your decisions can be when you consider the impact your decision has on Neighbors and citizens throughout town. Some decisions seem controversial, but learning and listening to the actual facts often illuminates controversy and provides clarity. Tonight's decision to approve the permit under consideration for a group home for those in recovery as requested by Absolute Ministries and their CEO Aaron McPherson should not be a controversial one. My wife is born and raised here and I have lived in Kalispell for decades. I am the cofounder and CEO of recovery centers of Montana. We are the largest residential substance abuse disorder, treatment company in Montana. Our men's facility is approved to help 50 adults in Columbia Falls and our female facility is approved to help 35 adults in Hungry horse. Our staff of nearly 70 is dedicated to do their best to help each and every client suffering from addiction. The reality is the state and insurance companies in general will only allow a maximum of 31 days of treatment. We do our best to give our clients, the strength tools and knowledge they need to be successful but the reality is the recidivism rate for addiction is six or seven times per patient. It is not a secret that the void and the continuum of care for addiction is to have a safe and sober place to live after an inpatient treatment. Most of our clients that graduate successfully don't have a safe environment to go back to. Addiction knows no social economic boundaries. We have witnessed multi generational, active drug and alcohol abuse. The need for sober living here in the valley and throughout Montana is I believe one of if not, the single healthcare emergency issue that we need to aggressively address. I am very familiar with absolute ministries work. Three of the four current residence at their Whitefish home graduated from Recovery Centers of Montana and thankfully continue to do well. The success rate that Absolute Ministries has under the leader ship of Aaron is incredibly impressive. Kalispell would be a much better place with the approval and the launch of this new home here in town. Some neighbors may hesitate about having a group home of people in recovery next -door and that's natural. What I can tell them firsthand is that these people in recovery are the most dedicated, caring, honest and appreciative people you will ever come across. They are grateful to be in recovery. They are grateful to have a safe place to live. They are grateful to be able to have a job and be involved in a community in a positive way for the first time in a very long time. Please approve this permit under consideration this evening. I appreciate your time. Peace feel free to contact me. Should you have any questions or comments. Sincerely, Jim, Driscoll." Jim Driscoll, Co CEO Recovery Centers of Montana, LLC 406.250.8489 CONFIDENTIALITY NOTICE -- This email is intended only for the person(s) named in the message header. Unless otherwise indicated, it contains information that is confidential, privileged and/or exempt from disclosure under applicable law. If you have received this message in error, please notify the sender of the error and delete the message. Thank you. From: Jennifer Kessler To: Kirstin Robinson Subject: EXTERNAL Re: Request to Deny Conditional Use Permit for Absolute Ministries Date: Tuesday, December 13, 2022 5:35:25 PM After reading today's Daily Interlake article I'd like to comment on something. McPherson is quoted as saying "We had a handful of positive encounters with neighbors, only one individual was hesitant." This feels manipulative and I know for a fact it is not true. He should not assume that our neighborhood's maturity and manners in interacting with others equals support for devaluing our property and changing the area where we live. I am not only hesitant, but strongly OPPOSED ! And I'm not the neighbor he mentioned in the article. Thank you for your consideration, Jennifer Kessler On Dec 13, 2022, at 4:46 PM, Jennifer Kessler <j enniferpkessler@gmail. com> wrote: Dear Kalispell City Planning Board and Zoning Commission: I am writing to strongly encourage you to deny the conditional use permit being requested by Aaron McPherson of Absolute Ministries. My property has been devalued by the potential opening of this group home. I live next door at 724 1 st Ave W. My house was on the market when the letter came out about the permit being requested. I am now having a hard time selling my home and getting the price I could have gotten for it prior to this application. My house has fallen out of contract once because of this news and I had another buyer make an offer that was $25,000 less than asking as a deduction directly related to the request for this permit. I also had another buyer express intent to write an offer and then change their mind because of Absolute Ministries plan to open this group home next door. In the event that I cannot sell my house for what I am asking, I will need to stay in the home because I won't be able to afford to move. I am a single mom with two daughters. I have worked hard and spent a lot of money to improve my property and make my home and yard a place we can enjoy. My quality of life, privacy and sense of safety will be changed if you approve this application. These downtown lots are small. The windows at 730 1 st Ave W look directly into my house so keeping my blinds and windows open will risk men being able to see in and compromise my and my daughter's privacy. Any time spent in the backyard will be on display for whatever men are living there. Please consider the impact to the neighbors as you review this application. Please put yourself in our shoes and evaluate the real-time risk of having buyers walk away, losing property value and violating our sense of safety and security. This matter should not be taken lightly by your board. Sincerely, Jennifer Kessler 925-360-5831 COMMENT_ S ON ABSOLUTE MINISTRIES PROPOSED CUP APPLICATION MY NAME IS GARY HALL, 140 STEPPE LANE, COLUMBIA FALLS. I AM ALSO FORMER MAYOR AND FLATHEAD COUNTY COMMISSIONER. My relationship to the applicant goes back many years, I've closely observed him as a single man, I have watched him marry, build an extremely successful business and raise an amazing family. I am a strong believer and advocate of Absolute Ministries. I have researched the Corporate office, visited this future home, met with current residents and am extremely impressed with the quality of individuals currently enrolled. While County Commissioner I learned first hand how the Flathead does not have many options for men and women as they try to assimilate back in to society. A few facts I would like to address in my short time given, concerning public comment against this proposal is: 1. I so appreciate Dawn Tackes letter to the board but most of all her service to the community, working in group homes, dealing with job placement for the homeless and volunteering. Dawns concern is that this will transform the neighborhood overnight. I could not disagree with Dawn more. 2. Another neighbor Roger Sayre stated this is a halfway house for drug addicts, this is not in fact true. 3. In my humble opinion this house will be one the best kept in the neighborhood, currently some neighbors are not taking care of their homes, this house will stand out. The folks in this program have already completed required drug and alcohol treatment and are now transitioning in to a "SOBER LIVING ENVIRONMENT". (Exhibit A, page 8) I am sure you have all read the requirements to be in this home, to name a few: Weekly drug/nicotine testing, and abstaining from both, Adhering to financial structure and guidance, All members will have full time jobs or be enrolled at FVCC. I also need to point out a few things from staff report: 1st avenue East is marked in blue on Kalispell Growth Policy map which designates this property to be "Urban mixed use". (Pg 3) In relation to the growth policy Plan -it 2035, chapter 4A encourages housing for all sectors and income levels within the community. Also the requested CUP would allow for a group home for up to 8 residents. (Page 4) The staff also recommends that this Board adopt staff report as findings of fact and recommend that this CUP be approved. My hope also is that you will recommend for approval this wonderful community opportunity, Thank you...