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Rescind the Conditional Use Permit of the FH Warming Center from Renee DimlerJudi Funk From: Renee <reneesuz07@gmail.com> Sent: Friday, May 24, 2024 3:00 PM To: Kalispell Meetings Public Comment Subject: EXTERNAL RESCIND THE CONDITIONAL USE PERMIT OF THE FH WARMING CENTER Attachments: PROPOSAL TO RESCIND CUP FOR FLATHEAD WARMING CENTER.pdf, Exhibit 1 - Warming Center Expansion Drawing.pdf, Exhibit 2 - Warming Center Fundraising Goals.pdf, Exhibit 3 - Warming Center Funding.pdf [NOTICE: This message includes an attachment -- DO NOT CLICK on links or open attachments unless you know the content is safe.] I;qr Exhibit 4 - Signed Petition to Rescind the CUP of FH Warming Center.pd ar Dear Mr. Mayor & City Council Members, Please find attached the formal proposal to rescind the conditional use permit for the Flathead Warming Center. This proposal outlines safety concerns, community impact, operational challenges, and proposed action. Many of us volunteered our time and energy to talk to the neighboring businesses and homeowners that have been directly affected by the operation of the Warming Center and listened to story after story of how these members of our community have been negatively impacted. We look forward to your review and serious consideration of rescinding the CUP for the FH Warming Center. Thankyou. Renee Dimler P.O. Box 3382 Kalispell, MT 59903 406-212-5251 Cell/Work reneesuz07@qmail.com PROPOSAL TO RESCIND CONDITIONAL USE PERMIT FOR THE LOW -BARRIER FLATHEAD WARMING CENTER LOCATED AT 889 N. MERIDIAN RD., KALISPELL, MT 59901 Introduction: This proposal aims to rescind the conditional use permit (CUP) previously granted to the low barrier Flathead Warming Center. The CUP was initially approved to provide temporary shelter during extreme weather conditions for the homeless population. However, recent developments necessitate reconsidering this decision. This document outlines the rationale for rescinding the CUP, including concerns related to safety, community impact, and operational challenges. Background: The conditional use permit was initially granted to accommodate the need for shelter services within our community. However, since its establishment, the shelter's presence in our neighborhood has raised significant concerns among residents and small businesses regarding safety, property values, and quality of life. Rationale for Rescinding the CUP: 1. Safety Concerns • Increased Crime Rates: Data from local law enforcement indicates a significant rise in crime in the vicinity of the Flathead Warming Center. Reports of theft, trespass, vandalism, and violent incidents have surged since the center's opening. • Public Health Risks: Reports from neighbors living and working in the vicinity of the Flathead Warming Center indicate that litter, clothing, backpacks, feces, urine and used hypodermic needles specifically used for intravenous drug use have been found littering our neighborhood, parking lots, yards, and alley's. These are unsanitary conditions, and directly threaten the health and well-being of our neighbors. 2. Community Impact • Resident Complaints: Law Enforcement has a record number of welfare checks, trespasses, disorderly conduct, and criminal mischief. This author listened to firsthand testimony of over a 100 complaints from residents and businesses regarding loitering, littering, stealing electrical power, leaving feces on steps, walkways, parking lots, and entryways, trespassing, theft, break-in attempts to vehicles and homes, leaving drug paraphernalia (i.e., used needles) in parks, alleys, walkways, and individuals passed out on lawns, all associated with the Flathead Warming Center. Testimony was also given to this author describing homeless on homeless assaults, and other acts of violence perpetuated against this population by its own. The negative impact on the quality of life and local business operations is a significant concern. Property Values: The presence of the Flathead Warming Center's low barrier shelter in proximity to our homes, parks and businesses has adversely affected property values in the neighborhood. Prospective buyers would be deterred by the perception of increased crime and instability, leading to decreased demand and depreciation of property values for existing homeowners. As for businesses, many businesses have lost clientele/customers who do not wish to conduct business in this area of our community and do not feel safe walking to and from their vehicles, leading some business operators to leave this area and relocate elsewhere. This directly affects homeowners' and business owners' investments and financial well-being. • Detrimental Impact: The continued operation of the Flathead Warming Center poses a significant detriment to the well-being and stability of the residential neighborhood, compromising the fundamental rights of residents to live in a safe and peaceful environment. 3. Operational Challenges Non -Compliance with Permit Conditions: The Flathead Warming Center has failed to comply with several key conditions of the CUP, including the condition that their use conforms to the requirements set forth in the chapter of the Kalispell City Codes, and that the proposed conditional use 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 other use generally permitted in the district. Failure to comply with the terms and/or conditions of a Conditional Use Permit is a violation of the Zoning Ordinance in addition to a violation of any other applicable ordinance or policy (Ord. 1677, 7-19-2010). Fundraising to Increase the Size and Operation: The Flathead Warming Center is currently fundraising with a goal of $4,200,000.00 to expand the warming center, build additions, and increase the size of their operation, thereby exacerbating the current problems we already face. The plans and fundraising goal are attached as Exhibit 1. The challenges of operating a low barrier shelter currently have been outlined above, but to increase this size and scope with the current model is unreasonable and irresponsible to the neighboring businesses and homeowners. Proposed Action To address the concerns outlined above, the following actions are proposed: 1. Rescind the CUP: Formally revoke the conditional use permit granted to the Flathead Warming Center, effectively ceasing its operations within the designated area. 2. Develop a Transition Plan: Collaborate with local social services, mental health providers, substance abuse centers, and non-profit organizations to create a transition plan for the individuals currently relying on the Flathead Warming Center. This plan should include alternative shelter options, medical care, and social support services. 3. Community Engagement: Initiate a dialogue with community members, businesses, and other stakeholders to address their concerns and involve them in planning future solutions for a new location of the Flathead Warming Center, its operation model, and goals to assist the homeless population in integration into society, achieving sobriety, seeking mental health care, and soliciting the involvement of social workers to address medication dispensing, and work opportunities to help this vulnerable population obtain work, stability, and future independence and housing. To operate under the current model only enables these individuals to continue their path of drug abuse, crime, and homelessness. Conclusion The decision to rescind the CUP for the low barrier Flathead Warming Center is driven by the imperative to safeguard public safety, address community concerns, safeguard property values, quality of life, and ensure compliance with regulatory standards. While the intent behind the Flathead Warming Center is commendable, its current operation poses significant challenges that cannot be overlooked. By rescinding the permit and implementing a comprehensive transition plan, the community can work towards more effective and sustainable solutions for supporting homeless individuals without enabling them to continue with their drug abuse, crime, and homelessness. We urge the City Council to seriously consider the concerns raised by the residents and business owners and to prioritize the concerns and interests of our community and act decisively in favor of revoking the CUP. It is only through such measures that we can ensure the continued prosperity and harmony of our neighborhoods. Exhibits 1. Flathead Warming Center Expansion Drawing 2. Flathead Warming Center Fundraising Goals 3. Flathead Warming Center Property Acquisition & Renovation Funding Overview 4. List of Residents, Employees working in the area, and family members of these individuals in support of rescinding the CUP. Respectfully Submitted, Renee Dimler 533 W. 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