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12-10-02�J KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF MEETING DECEMBER 10, 2002 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Bill Rice, Sue Ellyn Anderson, Jean Johnson, Ron Van Natta, Mark Brechel, George Taylor and Jim Atkinson. Narda Wilson represented the Tri-City Planning Office. There were approximately 42 people in the audience. President Van Natta welcomed George Taylor to the board. APPROVAL OF MINUTES Atkinson moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board meeting of November 12, 2002, as submitted. On a vote by acclamation the motion passed unanimously. JOHN AND CAROL SANTA A conditional use permit request by John and Carol Santa CONDITIONAL USE PERMIT for a transition home (community residential facility) for eight or fewer people on property zoned R-3, Residential, located at 305 Fifth Avenue East in Kalispell. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a #KCU-02-9 presentation of staff report KCU-02-9, a conditional use permit to allow a community residential facility as a transitional home for boys or girls leaving the Montana Academy. There would be young adults that would live in the home with on -site staff supervision. The proposed property is zoned R-3, a Residential zoning district that lists community residential facilities for eight or fewer people as a conditionally permitted use. This use is proposed for an existing single-family home and will need to be licensed and operated in accordance with the State of Montana Public Health Department for group homes. Staff recommended the conditional use permit be granted subject to conditions. APPLICANT/AGENCIES John Santa, co-owner of the Montana Academy, explained the intention of the transition home and the type of adolescents it would serve. Santa noted the home would allow for the transition from the academy, which provided ranch living, to the community environment with guidelines and a staff presence. He said this would allow the kids to feel secure about their next step. He added it was their goal to establish two homes, a girls and a boys home, and to place kids in a community setting with staff supervision. He indicated one of the girl's teams was present and asked a few of them to speak on behalf of the academy. Rebecca Bramnick, from San Francisco, said she is 17 years old and came to the Montana Academy last January. She is graduating in December and going on to college. She thought it would have been helpful, because she was nervous about leaving and going straight to college, to be able to go somewhere in between. She said she never had any drug problems, but her parents divorced when she was 14 and she wasn't handling herself well. She said she went to the academy and it was hard, she went through a lot and it helped her a lot. She noted that no one is crazy, no one is bad, and they're not going to terrorize the neighborhood. Sarah Buteux said she is 17 years old and has been at the academy for a year and a half. She said when she was living at home she had problems with her mother and they haven't gotten along since she was young. She said she was depressed and angry at the world. She is a senior now and ahead of her class and she never thought she would be this far. She thought the transition home would be a good place for someone like her who doesn't want to go home. She said they do have some special kids, but they're okay. She thought this was a good thing for the community and that it would benefit a lot more people than just them. John McKinnon, co-owner and psychiatrist at the Montana Academy, said he understood a lot of the neighbors were present and hoped they would express their concerns. He briefly described the Montana Academy and the kids that attended. He said they do not accept suicidal, assaultive, or psychotic kids. He said they also don't accept kids actively involved in drugs, sexual predators, kids who have been in jail or ones who will run away. He said the sheriff is never called. He noted that none of their neighbor's has had cause to be concerned and didn't think the neighbors of the transition home would have any trouble. He thought the kids needed the experience of a small town and said they are polite. He added that if anyone had any real worries he would be glad to have them come out to the Montana Academy and visit the ranch. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PROPONENTS I No one wished to speak. OPPONENTS Delano Hanzel, 215 5th Ave. E., said this is a really nice neighborhood and not to degrade the people coming, but a family area and he had questions. He said when a family has problems you can go talk to the family. He wasn't sure who to go to if there was a problem with the kids. He wondered how many supervisors there would be for eight kids. He felt that because the state automatically permitted Kalispell City Planning Board Minutes of the meeting of December 10, 2002 Page 2 this use they didn't have any say and had concerns about not being able to have stipulations. He didn't know whether the tenants would be allowed to have cars and he assumed there would be visitors. He wondered if there was ample parking. He also had questions about supervision, wondering how often they would change and if they stayed overnight. He wondered if the supervisors were to be held responsible. He noted that he lived five houses away and did not receive notification of the meeting. He suggested they extend the notification boundaries. He asked if the students would be working and how long they would be there. He also questioned where the financing was coming from and wondered if he was helping to pay for it. He had concerns about the future sale of the house and if the CUP carried on with it. He asked if there were any other group homes from the ranch in Kalispell and if they had any experience they might relate. Patrick Torstedson, 245 5+h Ave. E., said he moved to the neighborhood because it was established and the neighbors were kind. He had concerns about the safety of his two year old. He grew up in an academy and he knew what it was like. He had concerns about the future of the house, their goals and whether they would sell. He also had concerns about guidelines around the household, traffic, and parking. He suggested they pass those guidelines out to the neighbors and let them know their schedules. He also wondered about yard work and upkeep. He noted this is a historical neighborhood. He said he received a letter but his neighbors didn't and wondered what efforts were being made from the City to let the community know about the things that were happening. Robert Benke, 321 5th Ave. E., asked if the group home was for profit or non-profit. He welcomed the ladies here tonight and thought their courage spoke highly of their commitment to the group home. As a 26-year resident he wanted to support and echo a sense of strong community. He wondered if the students would be allowed to possess cars and if they had driver's licenses. As a public school Principal he said he understood the importance of supervision and asked how many adults would be on a shift at any one time. He asked about their availability and accountability. He wondered about opportunities for community service and noted that part of the responsibility of living in any community is that you don't just take, but certainly give back. He said his residence was 50-feet away and wanted to know who they were dealing with and the sequence of ownership: Judy Larson, 245 Woodland Ave., thought that when they were all set to do good works the surrounding neighbors were forgotten. She said that Mr. Santa and McKinnon were Kalispell City Planning Board Minutes of the meeting of December 10, 2002 Page 3 selling Montana and it seemed like a good place to go, but putting such an academy in their neighborhood was asking them to be responsible for that situation. She said she didn't want to be responsible for it. She felt the 1973 law was against them. She wondered if this home didn't last if prisoners could be rehabilitated in the house. She thought it opened up too many risks for the neighborhood. She had concerns about supervision and wanted to know who was in charge. She asked if someone would be there to cook and how many people would be on the property at any one time. She was concerned about increased traffic. She said these were beautiful streets and they should be maintained. She compared areas like Breckenridge and Telluride, Colorado, where they make people pay to live. She said they don't give it away. She thought we should garner and take care of our City and be watchful of things coming in that could eventually change to something else. She thought Art Walk was wonderful and we should have more things for the community and be aware of what we were giving away. She said when properties were sometimes only 9 feet away, like on the east side, they really needed to think about what they were doing. Jim Arestad, 311 5th Ave. E., said he lives next door. He had questions about the care providers and wondered how it was staffed. He asked how these young adults were going to be screened and said it affected him directly because the house is a three-story house that looked down onto his. He wanted the screening process to be part of the conditions. He apologized for missing the staff presentation and asked what type of kids they were dealing with and how they would impact the neighborhood. He also wondered what it would do to property values. He said he would like thorough answers and would like the City Council to consider the issues carefully. David Downey, 344 6th Ave. E., said he wished them all the best and offered his sympathy for the problems they've had to deal with. He admired them for the fact they were dealing with them. He realized they needed a place to go and live and he couldn't think of a nicer place. That aside, he wondered at what point it was determined they could leave Lost Prairie. He wanted to know what the hours would be at the home, how many cars were involved and if they would impact parking in the neighborhood. He said the concerns of the neighbors were these and property values. He said they've had some wild rentals and they were concerned if this would be a disruption to the neighborhood. Lauren Langmead said she lives kitty-corner to the property and knows the Santa's and McKinnon's extremely well. She said she has an incredible respect and faith in them and their ability to figure things_ out and to listen to the Kalispell City Planning Board Minutes of the meeting of December 10, 2002 Page 4 U community. She thought some of the questions would need to be worked on, however, she vouched for them, saying they have a lot of integrity and care about the neighborhood. She felt they would treat the neighbors as if they lived there themselves. She thought it would be fun to have these kids there and said if they do come into the neighborhood she would go out of her way to know them and welcome them. Sherry Stevens -Wulf, 515 3rd St. E., said she's testified on behalf of every group home coming into the Flathead. She was surprised when she got the notice and thought, oh no, not in our neighborhood. She said she's known the McKinnon's and Santa's for many years and have seen the people they've helped. She agreed with Lauren they are quality people, honest people, and will work with the neighbors. She hoped they could all go out to the academy and become more acquainted with the facility. She had concerns about safety and having to lock her doors. She said she's worked with youth and supports the concept. Her neighborhood has bonded and they are friends and she thought this was something that could further that relationship while working to help some young women in the community. She hoped they were open to educating them, she had concerns but was open. Mr. Santa addressed some of the questions and concerns. He said the students would not have vehicles, maybe bicycles. He felt that as a part of the community they were interested in maintaining the standard of a beautiful neighborhood. He stated that, with their wives, they were the owners of the whole enterprise and they had a great deal of personal interest and investment and it was their interest to continue in that way. If questions or concerns arose they would be the ones to deal with and they would be more than happy to work out solutions. He said they would have staff on the premises that reside or spend the night. He explained there might be times when the home was closed if the kids were all gone to jobs or school. He stated there would be a curfew and supervision. He noted that these kids wanted a chance to continue growing up in a healthy way, which they were now doing. Mr. McKinnon stated it would be a place that is free of drugs and alcohol. Mr. Santa explained they were a regular corporation and pay taxes on everything. He said they would finance the home the same way anyone would finance a home. He explained they wanted to create a way of treating children that worked and they wanted control, which is why they own the corporation. He noted that if they were non-profit they wouldn't have any control and government interference would make it impossible to treat the problems that Kalispell City Planning Board Minutes of the meeting of December 10, 2002 Page 5 adolescents have today. He explained the costs are high to go to a privately funded facility and the kids come from middle to upper class families. He said their thought was they would use the transition home for 4 months to a year and some kids would go to college while others would have job experience. Pat Urban, 345 5th Ave. E., asked what attracted them to the house and Mr. Santa answered the proximity to downtown Kalispell and the house was great. He said the staff could locate on the central floor and the kids would be upstairs, making the staff present in the middle at all times. Santa explained the screening process and said that in order to qualify the kids had to go through the last phase of their program. He said they went through emotional growth work and felt the students were ready to go to this level of independence. He said they picked kids that would make use of this and do a good job. McKinnon said it was their first civic lesson to learn to live with their neighbors. He said if you were wondering who to call if there's a problem, you're looking at us. Betty Hanzel, 215 5th Ave. E., asked what would happen to the house and the CUP if they decided to retire in five years. Van Natta stated the Conditional Use Permit was granted for this particular use and they had to meet all the requirements of the state licensing board. He said it was not transferable. Chris Galloway, 535 5th Ave. E., thought they were missing the point. He said it seemed to him they were reclassifying and rezoning a historical area that is zoned residential. He said he didn't buy the house he lives in now to have the neighborhood chopped up into, today Conditional Use Permits, tomorrow light industrial or offices. Judy Larson, 245 Woodland Ave., asked if this was the case here, were they changing zoning laws in a historical district to accommodate something. She said it was disturbing that this was something that was already decided. She said she wasn't notified and just found out about it. Hanzel asked and Santa answered they would not be eligible to move from Lost Prairie into Kalispell unless they were in the last of the five -stage program, or until they have graduated from the program. They have a two -stage program to determine when they can leave Kalispell. He said they have to demonstrate they can take on college and move on to an open environment. Nancy Glarun-Arestad, 311 5th Ave. E., stated she researched Kalispell City Planning Board Minutes of the meeting of December 10, 2002 Page 6 the state law and understood that it had to be allowed. She said her family was taking the view there was a reason it was going to be there and they wanted to look on the positive side and welcomed them to the neighborhood. She said it was going to happen whether they wanted it or not. No one else wished to speak and the public hearing was closed. MOTION Brechel moved and Anderson seconded to 'adopt staff report KCU-02-9 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be granted subject to 3 conditions. BOARD DISCUSSION Taylor thought talk about group homes brought up negative images; that of young kids in T-shirts smoking cigarettes with their tattoos showing. He said that was not the image he heard tonight, at all. He thought they should embrace the opportunity to show what Montana spirit, in the real folds of a community, is like. He thought it was terrific they were moving into the neighborhood and trusted they would do what their leaders say. He thought it brought the saying, it takes a village to raise a child, down to earth. He said, we are your village and I hope we measure up. He added that they had high expectations and he didn't want to see any tattoos on anyone. He noted the statutes were not that oppressive. He pointed out this wasn't just a state, but a federal law. Taylor thought they should realize this is an opportunity, not hold it in contempt or terror. He hoped it would prosper. He thought the implicit condition was that the house would not deteriorate, but would be full of life and a vibrant addition to the community. He said that if it isn't they have legal remedies, like nuisance abatement. Atkinson noted his personal experience living next to a group home, the Keith mansion, and said the result has been that his sons have more compassion for all kinds of people. He thought that was why there was a federal law, to say let's give people the chance to get to know other people. He said they were looking at eliminating this opportunity from the Growth Policy, but as a result of tonight he saw that fears from the neighborhood were brought forth and addressed. He thought this was a chance for healing and understanding for everyone to recognize they have a responsibility to one another and to the neighborhood. He thought this was a golden opportunity for everyone to see each other. When you become the neighbor that the neighborhood expects, you will be a part of that neighborhood. He appreciated the opportunity and felt it was a growing experience. Brechel noted that state law required properties immediately adjoining this property be notified. He said the board went Kalispell City Planning Board Minutes of the meeting of December 10, 2002 Page 7 beyond that to 150-feet. He commented there were times in every neighborhood he's lived in that he would be glad to trade a neighbor or two for the young ladies he saw tonight and even though they had no choice in the way they voted he would vote in favor of it anyway. Wilson noted that state statute for public hearings only require legal notification in the newspaper. She said the notice of property owners within 150-feet was well beyond what the state requires. Anderson congratulated and commended those who were moving into the home. She said they have shown themselves to be responsible adults by going through the phases of the program. She said if she had a choice she would vote in favor and has had neighbors she would gladly trade for the group home. Van Natta echoed that and said he would have no problem voting for this if it was next door to him. He thought it was something that was really needed and was glad there was someone who wanted to provide the opportunity. He hoped they would make the most of the situation and felt it was a very positive experience. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS No old business was reported. NEW BUSINESS No new business was reported. ADJOURNMENT The meeting was adjourned at approximately 8:23 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, January 14, 2003. e J , 1A a --I R n Van Natta, ChairLA of the Board Debbie Willis, Recording Secretary APPROVED s submi. to corrected: 0/02 Kalispell City Planning Board Minutes of the meeting of December 10, 2002 Page 8