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3. Conditional Use Permit - Group HomePlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.conVp1anning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT Conditional Use Permit to operate a group home MEETING DATE: December 19, 2011 BACKGROUND: The Kalispell City Planning Board met on November 29`h and held a public hearing to consider a request from Lost Horizon Ranch, LLC to operate a group home in an existing single-family residence zoned RA-1 (Residential Apartment). The group home, Montana Academy, will accommodate eight or fewer young men or women ages 17-19. The group home falls under a special provision in the state statutes, Section 76-2-412, M.C.A. that gives the group home a specific "residential" status. Because of this special status no conditions may be placed on the conditional use permit that would not otherwise apply to residences in general. Additionally, a conditional use permit for the group home cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. The property consists of one lot located midblock on the east side of Second Avenue West. The property is currently developed with a single family house with the address of 527 Second Avenue West. The property can be legally described as lot 15 of Block 87 Kalispell Original Townsite, located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Kalispell Planning Department staff presented staff report KCU-11-4 and reviewed the proposed group home. Staff recommended approval of the conditional use permit subject to the two conditions listed in the staff report. During the public hearing, one of the owners of Montana Academy, Jolm Santa, spoke in favor of the proposed group home. His comments included how the program is run and security measures taken to insure the occupants of the group home are monitored and secured during their time at the group home. One other neighboring property owner spoke in favor of the group home. Four people spoke against locating the group home in the neighborhood. Their concerns included the group home was inappropriate in the residential neighborhood and the group home could compromise the makeup, safety and security of the neighborhood. No one else wished to speak and the public hearing portion of the meeting was closed. During the planning board's discussion a motion was made and seconded to add a third condition to the conditional use permit based on a planning board member's concern for annual oversight and safety. The planning board member felt it is important that the home doesn't come in with initial licensing and then the city doesn't do its due diligence to make sure the licensing is kept current. The recommended condition would read as follows: "The Montana Academy shall provide proof of renewed state licensing to the City of Kalispell annually, within 15 days of the yearly licensing date." This motion was unanimously approved. Further discussion was held on the State's role in requiring cities to treat group homes as single family residences. At least one planning board member felt that the State of Montana has overstepped their bounds in dictating to the City of Kalispell what they can do with their zoning rules and regulations. The planning board then voted on the main motion to recommend approval of the group home subject to the three conditions as amended by the planning board. This motion passed on a vote of 3 to 2. RECOMMENDATION: A motion to approve the conditional use permit with the three conditions recommend by the planning board would be in order. ALTERNATIVES: As suggested by the city council. Respectfully submitted, it Sean Conrad Jane Howington Senior Planner City Manager Report compiled: December 13, 2011 c: Theresa White, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 APPLICANT: Lost Horizon Ranch, LLC Attn: Gretchen Boyer 205 5th Avenue East Kalispell, MT 59901 (406) 261-5569 LEGAL DESCRIPTION: Lot 15, Block 87 Kalispell Original Townsite, located in Section 18, Township 28 North, Range 21 Vest, P.M.M., Flathead County, Montana ZONE: Residential Apartment, RA-1 The applicant has applied to the City of Kalispell for a conditional use permit to allow a community residential facility as a transition home for boys or girls leaving the Montana Academy. The facility will help the residents learn the tasks of young adulthood by supervising them as they work or attend college. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on November 29, 2011, held a public hearing on the application, took public comment and recommended that the application be approved subject to three conditions. After reviewing the application, the record, the KPD 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-11-4 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow a community residential facility in a Residential Apartment, RA-1 zoning district subject to the following conditions: 1. That all required licensing, inspections and approvals are obtained from the Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board in accordance with state law, the Kalispell Fire Marshal and City Building Department. 2. 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. 3. The Montana Academy shall provide proof of renewed state licensing to the City of Kalispell annually, within 15 days of the yearly licensing date. Dated this 19th day of December, 2011. : ss County of Flathead Tammi Fisher Mayor On this day of 5 2011 before me, a Notary Public, personally appeared Tammi Fisher, 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 she 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 Printed Name: Residing at Kalispell, Montana My Commission Expires MONTANA December 13, 2011 Jane Howington, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit to operate a group home Dear Jane: Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning The Kalispell City Planning Board met on November 29`h and held a public hearing to consider a request from Lost Horizon Ranch, LLC to operate a group home in an existing single-family residence zoned RA-1 (Residential Apartment). The group home, Montana Academy, will accommodate eight or fewer young men or women ages 17-19. The group home falls under a special provision in the state statutes, Section 76-2412, M.C.A. that gives the group home a specific "residential" status. Because of this special status no conditions may be placed on the conditional use permit that would not otherwise apply to residences in general. Additionally, a conditional use permit for the group home cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. The property consists of one lot located midblock on the east side of Second Avenue West. The property is currently developed with a single family house with the address of 527 Second Avenue West. The property can be legally described as lot 15 of Block 87 Kalispell Original Townsite, located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-11-4 and reviewed the proposed group home. Mr. Conrad recommended approval of the conditional use permit subject to the two conditions listed in the staff report. During the public hearing, one of the owners of Montana Academy, John Santa, spoke in favor of the proposed group home. His comments included how the program is run and security measures taken to insure the occupants of the group home are monitored and secured during their time at the group home. One other neighboring property owner spoke in favor of the group home. Four people spoke against locating the group home in the neighborhood. Their concerns included the group home was inappropriate in the residential neighborhood and the group home could compromise the makeup, safety and security of the neighborhood. No one else wished to speak and the public hearing portion of the meeting was closed. During the planning board's discussion a motion was made and seconded to add a third condition to the conditional use permit based a on planning board member's concern for annual oversight and safety. The planning board member felt it is important that the home doesn't come in with initial licensing and then the city doesn't do its due diligence to make sure the licensing is kept current. The recommended condition would read as follows: "The Montana Academy shall provide proof of renewed state licensing to the City of Kalispell annually, within 15 days of the yearly licensing date." This motion was unanimously approved. Further discussion was held on the State's role in requiring cities to treat group homes as single family residences. At least one planning board member felt that the State of Montana has overstepped their bounds in dictating to the City of Kalispell what they can do with their zoning rules and regulations. The planning board then voted on the main motion to recommend approval of the group home subject to the three conditions as amended by the planning board. This motion passed on a vote of 3 to 2. Please schedule this matter for the December 19, 2011 regular City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board John Hinchey President Attachments: Conditions of Approval Staff Report #KCU-11-4 and supporting documents Draft minutes from the 11/29/11 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Lost Horizon Ranch, LLC, Attn: Gretchen Boyer, 205 51h Avenue East, Kalispell, MT 59901 EXA11BIT LOST HORIZONRANCH, i!•r1; The Kalispell City Planning Board held a public hearing on this matter at their meeting on November 29, 2011. The following conditions are recommended with approval of the conditional use permit: That all required licensing, inspections and approvals are obtained from the Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board in accordance with state law, the Kalispell Fire Marshal and City Building Department. 2. 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. The Montana Academy shall provide proof of renewed state licensing to the City of Kalispell annually, within 15 days of the yearly licensing date. G.-if all, xvi-bul moull-ammij6- KALISPELL PLANNING DEPARTMENT STAFF REPORT11-04 NOVEMBER 1, 2011 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to locate a group home in an existing house in an RA- 1, Residential Apartment, zoning district. A public hearing on this matter has been scheduled before the Planning Board for November 29, 2011 beginning at 7:00 PM, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: The proposed group home, Montana Academy, will accommodate eight or fewer young men or women in an existing house located at 527 Second Avenue West. The group home falls under a special provision in the state statutes, Section 76-2-412, M.C.A. that gives the group home a specific "residential" status. Because of this special status no conditions may be placed on the conditional use permit that would not otherwise apply to residences in general. Additionally, a conditional use permit for this facility cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. Petitioner: Lost Horizon Ranch, LLC Attn: Gretchen Boyer 205 5th Avenue East Kalispell, MT 59901 (406) 261-5569 A. Size and Location: The property consists of one lot located midblock on the east side of Second Avenue West. The property is currently developed with a single family house with the address of 527 Second Avenue West. The property can be legally described as lot 15 of Block 87 Kalispell Original Townsite, located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Figure 1: View of the future group home from Second Avenue West. B. Summary of Request: Lost Horizon Ranch, LLC owns and operates the Montana Academy, a high school campus on a 400+ acre ranch in Lost Prairie. The Montana Academy is a therapeutic boarding school that emphasizes both treatment, through individual, group and family therapy, and education. As students mature and progress through the program in Lost Prairie, Montana Academy has set up transition homes in Kalispell. The goal of the transition home is to provide students with a gradual step down from the structure of the Academy and offer students a chance to practice their new skills in a less structured environment. The Academy currently operates three transition homes in the east side neighborhood. The proposed group home would act as an overflow home for the three existing group homes. The proposed group home would allow a maximum of 8 young adults of a single sex, ages 17 through 19, occupying the house at any one time. Staffing is provided to all of the centers during daytime hours when students are at the homes. During hours when students are at work or school, one staff member may be at the house otherwise the house is locked until students return from work or school. In the evening and during part of the night a staff member will be present in the group home. From midnight to Sam one staff member would visit this home E and an existing group home on First Avenue East to perform bed checks. The bed checks are performed every hour on a random schedule that averages one visit every 40 minutes all night. During the night shift once a staff member leaves the house, an alarm system is activated and the night staff is notified within 15 seconds if an alarm has been triggered. C. Existing Land Use and Zoning: The property is zoned RA-1, Residential Apartment, and is developed with a house. D. Adjacent Land Uses and Zoning: The proposed group home is located in the 500 block of Second Avenue West. The 500 block of Second Avenue West is developed with single family residences, except for the lot located on the north side of this block. This lot is zoned B-4 (Central Business) and includes a single family residence facing Second Avenue West and a two-story office building facing Fifth Street West. East of the proposed group home, across the alley, are senior apartments. An aerial view of the neighborhood is shown in figure 2 below. Figure 2: Aerial view of the group home property (outlined in red) and adjacent properties 3 E. Relation to the Growth Policy: The current Kalispell City Growth Policy Map designates the 500 block of Second Avenue West as urban mixed use. This land use designation promotes a mix of zoning districts that permit both commercial and residential uses. The RA-1 zoning district promotes the type of mix of housing associated with the urban mixed use land use designation. P. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwestern Energy Electric: Flathead Electric Cooperative Phone: CenturyLink Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. SiteSuitability: a. Adequate Useable Space: The property is 7,100 square feet in size and contains an existing house with a small shed in the back yard. There is adequate space on the site for the proposed use as a group home. b. Adequate Access: The property is accessed off of Second Avenue West, an approximately 34 foot wide street. The existing access is adequate to serve the group home and its occupants. C. Environmental Constraints: There are no obvious environmental constraints apparent on the property. a. Parking Scheme: The property will be used as a group home however the young adults living in the home will not have their own cars. Since the group home is considered a single family residential use per state law, the Kalispell Zoning Ordinance requires two off-street parking spaces per single family residential home. The home has an existing one -car garage off of the alley with a driveway from the garage to the alley right-of-way. The driveway is approximately 48 feet, from the edge of the alley to the garage door. The garage and driveway length provide for the two off-street parking spaces needed for a single family residence. El 0 b. Traffic Circulation: One to two staff vehicles may be present during the day and night hours. The use of the house as a group home is not expected to significantly alter current traffic circulation in the neighborhood. C. Open Space: No specific open space requirements are required under the RA- C zoning district other than the required setbacks. d. Fencing/Screening/Landscaping: The typical of a residential neighborhood. current landscaping on the site. existing house has grass landscaping No changes are proposed from the e. Signage: No signs have been proposed as part of the application. f. Exterior Lighting: There are two exterior lights on either side of the front door. In the backyard one porch light is above the backdoor and one light is above the garage door. The lights are consistent with outdoor lighting found in the neighborhood. a. Schools: This site is within the boundaries of School District #5. No impact is anticipated with the proposed use. b. Parks and Recreation: There should be no significant impact on the parks and recreation programs and facilities as a result of this use. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from the proposed use. e. Water: City water currently serves the existing house. No significant impact on water services can be anticipated as a result of this use. f. Sewer: Sewer service is currently provided by the City of Kalispell. No significant impacts on City sewer services can be anticipated as a result of the proposed use. g. Storm Water Drainage: Storm water runoff from the house and driveway will remain on the property. h. Solid Waste: Solid waste pick-up is provided by the City. This project will have no impact on current services. i. Streets: Second Avenue West serves as the access street to the group home. The street is built to city standards and is in good condition. Sidewalks: Sidewalks are located on both the east and west sides of Second Avenue West. 4. Neighborhood impacts: The group home will be located in a well -established urban residential neighborhood. Impacts to the neighborhood should be relatively insignificant as the young adults will be working or at school during the day with staff supervision in the evening and night hours. Traffic will be limited to the staff as the young adults will not have access to a personal vehicle. 5. Consideration of historical use patterns and recent changes: This area has historically included residential housing with little change over the years. 6. Effects on property values: No significant negative impacts on property values are anticipated. As previously mentioned, the proposal is compatible with the neighborhood, will not create any adverse impacts with regard to noise or traffic and the use of a house as a group home will have little impact on surrounding neighbors. RECOMMENDATION The staff recommends that the planning board adopt the staff report ##KCU-11-04 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the following conditions: 1. That all required licensing, inspections and approvals are obtained from the Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board in accordance with state law, the Kalispell Fire Marshal and City Building Department. 2. 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. m Planning Department 201 131 Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: OWNER(S) OF RECORD: Name: D 6 I b r e � G1 y( Gr ((A Ed( ( .L Mailing Address: 5) �- AVe VI ji -C City/State/Zip: V t2j f � 12e 11 Phone: PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Mailin€ City/S LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address: 'rJ ?�P (� V el� 1 No.�� ship No. Z Subdivision Tract I/ p` Lot Block O C Name: No(s). No(s).L �F-)_ No. 0 1. Zoning District and Zoning Classification in which use is proposed: PIA - I 2. Attach a plan of the affected lot which identifies the following items: a. 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 and fencing. 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities. f. Screening and buffering. g. Signs, yards and other open 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 and vibration. 4. 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 Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. p cant Signature U bate 2 ontana caderha Application for Conditional Use Permit 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. 527 2nd Avenue West is located in a residential neighborhood. The area surrounding this location has a mix of residential homes and businesses. The location is also two blocks to the west from Main Street in Kalispell. There is an senior living complex to the east of the property. Montana Academy also operates 3 other transitional living programs at 305 5a` Ave. East, 205 5th Ave. East and 520 1" Ave East. b. Dimensions and Shape of lot. - The lot is rectangle, see Map of property and adjacent lots. c. Topographic Features - The lot is flat d. Size and Location of Existing buildings — The House sits approximately in the middle of the lot. It is 2179 square feet. e. Size and Location of Proposed Buildings — There are no proposed buildings. The house will be used as a group home. We do not have signs in front of any of your group homes. f. Existing use of structures and open areas — 527 2°d Avenue West is a single family dwelling with a small shed. The back includes a parking area off the alley. g. Proposed used of structures and open areas - We anticipate using 527 2nd Avenue West as one of the homes for transitional students from Montana Academy. We have used 305 5 h Ave East and 205 5 h Av. East as transition homes for more than seven years, as well as 520 1" Avenue East for the last year. We would use 527 2nd Avenue West for a similar purpose and staffed in the same fashion. h. Existing and proposed landscaping and fencing. —. The front yard and most of the backyard are basically landscaped. There is a chain link fence on the back yard of the property. ontana cademy Application for Conditional Use Permit 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic Flow and Control - All vehicles associated with 527 2nd Avenue West property can be accommodated by the parking area off the alley. This should not interfere with traffic in any way. b. Access to and Circulation within the property - Access will not change to this property. c. Off -Street Parking and Loading — There is a parking area off the alley which will accommodate our parking needs as students are not allowed to have cars while in the Transition Program. d. Refuse and Service Areas — We will have the city install a container to accommodate our refuse. e. Utilities — These will remain the same as the residential area. f. Screening and Buffering — There are no issues in this area g. Signs, yards and open spaces — We will have no signs identifying our program; our students will live as good neighbors of the area. h. Height, bulk and location of structures — All structures will remain the same. i. Location of proposed open space uses — Not Applicable j. Hours and manner of operation — The Montana Academy transition home will operate 24 hours a day. 527 2„d Avenue West will be supervised by staff in accordance to our program policies. Please see separate sheet for a more detailed description of our program. k. Noise, light, dust, orders, fumes and ventilation — We do not anticipate any issue in these areas. Application for Conditional Use Permit — 527 2nd Avenue West ;• [. r �. • Montana Academy, Inc. was founded in 1997 and remains owned and operated by two married couples, John McKinnon, M.D. and his wife Rosemary McKinnon, MSW, and John Santa, Ph.D. and his wife Carol Santa, Ph.D. Both families have lived in Kalispell, worked as professionals in the community, and raised their families in Kalispell. They continue to own and operate Montana Academy. In the past fourteen years Montana Academy has grown considerably. We now have a fully accredited high school on a 400 acre ranch campus in Lost Prairie with 75 students from all parts of the country. We also have two transition homes on the East side of Kalispell that we have operated for the past seven years with 16 students and one house for the last year with 8 students who have completed their work on campus. The current transition houses are located at 205 and 305 5th Ave East as well as 520 1" Ave East Montana Academy employs more than 70 employees with an annual payroll in excess of three million dollars. The opening of this additional house would also provide more decent paying jobs in Kalispell, which include medical benefits. Montana Academy is a therapeutic boarding school that emphasizes both treatment and education. We endeavor to provide sophisticated clinical expertise in a simple environment. Montana Academy combines intensive individual, group, and family therapy with a first rate academic high school curriculum in a remote ranch setting. The residential program is licensed by the state of Montana, accredited by the Joint Commission on Accreditation of Health Care Organizations, and we are also accredited as a degree granting high school by the Northwest Association of Accredited Schools, and by the National Independent Private School Association. . Our students are bright, underachieving high school students who, for a variety of reasons are failing to achieve their potential in their urban home environments.. They are all privately placed with us by their parents, and none are placed by court order or social service agencies. All of their parents remain highly committed and visit their students every few months. We have created a highly professional, nurturing, and structured boarding school environment that allows students to mature, grow up, and get back on track in a healthy environment. Nearly 90 percent of our students graduate from high school and continue on to college. We have students accepted and attending a variety of first rate state universities as well as many prestigious private colleges and universities such as Brown, Dartmouth, Lewis and Clark, Smith, Stanford, University of Chicago Willamette, and Whitman. As students mature and progress through our emotional growth program in Lost Prairie, many of the older students who are headed to college need a transitional experience that is less structured and remote than the ranch. We have established the Transition homes in Kalispell with the goal of providing a gradual step down from the structure of the Academy, offering students a chance to practice their new skills in a less structured environment. The Transition Home provides a semi -structured environment for young adults to learn how to live more independently. They attend Flathead Valley Community College, and provide regular volunteer work for a wide variety of community programs and businesses. Altogether, our students provide between 100 and 200 hours of weekly volunteer time. Students work at The Flathead Food Bank, The Habitat for Humanity Resale Store, Central School Museum, The Conrad Mansion, Crresko's Bakery, Violence Free Crisis Line, Woodland Montessori School, The Center for Restorative Youth Justice, and Montana Coffee Traders. We also pick up recycling from houses in our neighborhood twice a month for proper disposal. We have a good relationship with our neighbors and work hard to keep our properties in accordance with neighborhood standards. Our staff are available 24 hours a day for our students. During daytime hours students are at work and college, and we have one staff to keep a house open and to be available for emergencies. After 3pm we have one staff working in each house. At night we have an awake night staff that walks between the homes and keeps students and our homes safe. The houses on 5d' Avenue East share one night staff and the houses at 520 1" Ave East and 527 2nd Avenue West would share their own night staff. Theresa White From: Paula Alley [donaidalley@yahoo.com] Sent: Wednesday, December 07, 2011 4:52 PM To: Theresa White Subject: Support-- Montana Academy Sky House December 7, 2011 To the Mayor and City Council of Kalispell, My husband and I own the home at 535 Second Ave. West, next door to the house that has been sold to Montana Academy. We are completely comfortable with having young people who are beginning a new phase of their lives as neighbors. I am acquainted with several people who work at Montana Academy, and I have visited the school. It is a wonderful facility, and I have complete confidence that the emerging students will be an asset to our neighborhood. We spend a part of the year in Baja California Sur where mail service is incredibly slow, and the only way to get this to you in time for the hearing is by email. In the event that you would want to contact us in Baja our phone number is 011-52-613-135-2125. Thank you all for your attention to my comments. Best regards, Paula Alley Sean Conrad From: Michelle Anderson Sent: Monday, October 31, 2011 8:18 AM To: Sean Conrad Cc: Tom Jentz Subject: FW: Proposed Group Home at 527 2nd Ave. West. -----Original Message ----- From: Lynne Averill (mai.lto:lynne(@laverill.coml Sent: Friday, October 28, 2011 3:47 PM To: Michelle Anderson Subject: Proposed Group Home at 527 2nd Ave. West. Note to Kalispell City Planning Board and Zoning Commission From Lynne Averill Owner of Property at 545 2nd Avenue West Kalispell, MT 59901 Re Propose Group Home at 527 2nd Ave. West Date October 28th, 2011 I would be VERY OPPOSED to a group home being located two houses from my property (545 2nd Avenue West). I believe it would lessen the property value of houses in the nearby area. I have been trying to sell my 545 House for a couple of years, unsuccessfully. The value of my house, due to our difficult economic times, has already decreased considerably and economically it would be an extreme hardship should it devalue any more. A group home for teenagers is not conducive to the quiet, attractive neighborhood that exists which has the right ambiance and safety for families with children. This is not the right use for this type of residential neighborhood. My vote would be a no on this proposal. Thank you. Lynne Averill il November 29, 2011 Planning Board and Kalispell City Council Members: In the last 20 plus years, it seems as though our local governing bodies have - concerned themselves with the business -side of government, and in community matters have concentrated on the commerce of the area. However, I grew up here with the expectation that they primarily represented the interest of the general voting public. The shift from community to commerce and business has happened slowly but needs to be re-evaluated in order to preserve the very nature of what makes Kalispell unique and why most of us are here instead of "Anywhere America." Those of us who have long-time family connections or have come here at an early age in our lives have developed what I call an "invested interest" in the Flathead. In other words, we wanted to live here, raise our families in this atmosphere, start a business here, invest our lives here, recreate here, retire here, grow old here, and be buried here. Any of us might have gone elsewhere and made more money. but we chose to come and take the community, the neighborhoods, the friendly people, and all the outdoor activities as part of our income so to speak. In this process we have gained a greater perspective of why this community is what it is and therefore what it should be, and what it could be without losing its real focus and individual identity. The question to focus on is, "Why is each of you here?" Some of you are here for reasons other than the community itself. In other words you had no real choice in the matter, and _what you know as "usual" is from some other place and time. I am sure the reason the rest of you came to live here was not for commerce. You came for the family life style and the outdoor opportunities. f placed in this perspective, the approval of yet another group home in a predominantly family oriented residential setting is diametrically opposed to the preservation of the community you came to experience. It also bothers me that you have apparently failed to do due diligence in the individual citizen's behalf. Does the business model they propose make an improvement to the Neighborhood and to the Community as whole? Don't you have the right, and in fact the obligation, to protect the family oriented residential quality of Kalispell? Does the building structure itself lend itself to their intended use without again changing the neighborhood with a "commercial structure" in the middle of an area of residential houses? Do you have the moral obligation to protect us from the devaluation of the property surrounding the group home? Have you requested a report from the local police department as to the problems that are consistent with this type of group home use elsewhere, both in this community and other similar communities, and is that not a central function of any government organization to protect its citizens? Is this another property tax- exempt situation similar to the loss of revenue the city and county have experienced in the purchase of many prime locations for government offices and taken them off the tax roles - thus raising the tax needs to the rest of us? Are the jobs found for these group participants partially subsidized by tax dollars, or tax incentives to the businesses individually, from the State of Montana. And, how' does that impact the job opportunities available to those who have a long-term "vested interest" in this community and are looking for work in this current economic struggle? I urge you to put your "Kalispell First" cap on straight, deny this group home request, and help Kalispell preserve what is unique and of prime importance; its family oriented residential quality. That is why you live here and why you have chosen to serve, right? nks for Wlisten'n,g, es H. K "r Michelle Anderson From: Troy Merrill [tmerri112003@yahoo.com] Sent: Tuesday, November 29, 2011 2:40 PM To: Michelle Anderson Cc: leatzowlaw1 @hotmail.com Subject: Petition for denial to Lost Horizon Ranch Attachments: Lost Horizon Petition0001.bmP Here in an attachment, is a signed copy of a Petition we received today (11/29/2011) on our front door for a denial to allow Lost Horizon Ranch/Montana Academy to operate a "group youth home" at 527 Second Ave. West Kalispell Mt. 59901. We do not want a group home of any kind in our neighborhood. Please include my wife and I as against this proposal and do not allow Lost Horizon Ranch or any other entity to establish what we consider a negative foothold on our "single family" lifestyle. Troy & Sue Merrill 436 Second Ave. West Kalispell, Mt. 59901 I November 29, 2011 To: Kalispell City Planning Board and Zoning Commission 201 1" Ave. East Kalispell 59901 ETIITI O® We, the undersigned residents of the Kalispell community that will be affected by the presence: of the proposed "group home" at 527 2nd Avenue West, Kalispell, to be operated by Lost Horizon Ranch/Montana Academy, hereby object to the approval of the requested permit for the use of the said premises for such purpose on the basis that Montana law, i.e., Section 76-2-412 M.C.A., does not exempt Lopt Horizon Rancln/Montana Academy from city zoning restrictions, as represented by the Academy and the City of Kalispell. We consider approval of the requested permit to constitute a blatant commercialization of a residential neighborhood, and as such is inconsistent with maintaining the residential character and integrity for which the property is zoned. We further consider that such approval would accrue only to the monetary and financial benefit of the owners of Lost Horizon Ranch/Montana Academy and offers no redeeming benefit to the neighborhood as a whole. To the contrary, we consider the presence of the said group home to have an adverse impact on the overall residential quality of the neighborhood, including, but not limited to property values. Accordingly, we respectfully request that the proposal to expand the Lost Horizon Ranch/Montana Academy group home complex further be denied. November 29, 2011 211 To: Kalispell City Planning Board and Zoning Commission 201 1" Ave. East Kalispell 59901 We, the undersigned residents of the Kalispell community that will be affected by the presence of the proposed "group home" at 527 2nd Avenue West, Kalispell, to be operated by Lost Horizon Ranch/Montana Academy, hereby object to the approval of the requested permit for the use of the said premises for such purpose on the basis that Montana law, i.e., Section 76-2-412 M.C.A., does not exempt Lost Horizon Ranch/Montana Academy from city zoning restrictions, as represented by the Academy and the City of Kalispell. We consider approval of the requested permit to constitute a blatant commercialization of a residential neighborhood, and as such is inconsistent with maintaining the residential character and integrity for which the property is zoned. We further consider that such approval would accrue only to the monetary and financial benefit of the owners of Lost Horizon Ranch/Montana Academy and offers no redeeming benefit to the neighborhood as a whole. To the contrary, we consider the presence of the said group home to have an adverse impact on the overall residential quality of the neighborhood, including, but not limited to property values. Accordingly, we respectfully request that the proposal to expand the Lost Horizon Ranch/Montana Academy group home complex further be denied. NAME ADDRESS DATE '01 "S s/y (l � .� ( 51101 November 29, 2011 To: Kalispell City Planning Board and Zoning Commission 201 1 "Ave. East Kalispell 59901 We, the undersigned residents of the Kalispell community that will be affected by the presence of the proposed "group home" at 527 2nd Avenue West, Kalispell, to be operated by Lost Horizon Ranch/Montana Academy, hereby object to the approval of the requested permit for the use of the said premises for such purpose on the basis that Montana law, i.e., Section 76-2-412 M.C.A., does not exempt Lost Horizon Ranch/Montana Academy from city zoning restrictions, as represented by the Academy and the City of Kalispell. We consider approval of the requested permit to constitute a blatant commercialization of a residential neighborhood, and as such is inconsistent with maintaining the residential character and integrity for which the property is zoned. We further consider that such approval would accrue only to the monetary and financial benefit of the owners of Lost Horizon Ranch/Montana Academy and offers no redeeming benefit to the neighborhood as a whole. To the contrary, we consider the presence of the said group home to have an adverse impact on the overall residential quality of the neighborhood, including, but not limited to property values. Accordingly, we respectfully request that the proposal to expand the Lost Horizon Ranch/Montana Academy group home complex further be denied. 4 OV F 2011P (Penny Lrelat.-Arcy. Attorney (3� Counselor at Law 128 X. Meridian (406) 756-9500 Kalispell, 91I759901 SAX (406) 756-0500 e-mad leatzowlawl @hotmail. com November 8, 2011 Planning Department City of Kalispell 201 First Ave. E. Kalispell, MT 59901 Re: Lost,Horizon Ranch LLC/ 527 Second -Ave. W , Kalispell Greetings: I understand from some of my former neighbors that the home we formerly owned for nearly thirty years is under consideration for a group home for youths 17 to 19. Although we no longer live in the neighborhood, I would like to express some concerns regarding this matter. First of all, the home is not suited, space wise or safety wise, for such a size of proposed people. It is only, at the most, a three bedroom home. The bath upstairs is very tiny with only a shower. As only a family of four, we were often times cramped for space, especially when the children reached their teens. In addition, the egress factor was always a great concern to us as the windows on the first floor are not adequate for escape and the windows on the second floor are much too high for safe escape. The home is stucco inside and out, with, I believe, lathe and mortar interior walls. The basement level is definitely impossible to egress in an emergency situation and also not a livable area. The ability to make changes in the structure would be difficult and costly. Secondly, this home is within close proximity to three schools, two of which are elementary. Given the nature of trouble teens, it is a great concern that such a type home would be so close to schools. The youngsters of such tender ages would be very vulnerable to older teens in transition. Third, as residents in the neighborhood, we frequently had difficulties with the senior tenants who reside in the complex directly behind the home. They are sensitive to noise, activity, and people in general. They, too, are very vulnerable. As a group home, you can be assured that the police will be called to appear on the scene with regularity. Overall, I have no doubts that a group home in this quiet, serene neighborhood would be a continual negative impact, dangerous to elders and children. Group homes of this nature have a poor rehabilitative track record and teens of this type tend to revert to their past behavior more so than going "straight". The sum total of all this, I regret, is that the wonderful neighborhood in which we resided for such a lengthy time (and seriously considered returning at one point) will decline and property values will drop to the detriment of all those who continue to live in the area. I sincerely hope that you, as Planning Department, will decline to allow this to happen. Sincerely— M. P((ennv Leat zdw ci MPL/mam SRr-URITY ANOTECWN01„OGY 3985 Hwy 35 Kalispell, MT 59901 Ph: 756-5533 Fax: 756-5535 November 11tt', 2011 Kenco Security & Technology currently monitors the following addresses for the Montana Academy Transition Program: 205 5th Avenue East 305 5th Avenue East 520 1st Avenue East In Kalispell Montana When armed, the houses are monitored for intruders as well as that its residents remain in the house. Upon activation of any intrusion device, Kenco Security will notify the appropriate staff and dispatch the Kalispell Police Department if necessary. The accounts are also monitored 24 hours a day for fire danger through smoke alarms and pull stations. Upon activation of any fire device, Kenco Security will notify the appropriate staff and dispatch the Kalispell Fire Department if necessary. All the above accounts are monitored 24 hours a day 365 days a year by Kenco Security & Technologies Central Station in Billings, MT. The staff at the Montana Academy Transition Program tests the systems regularly to ensure they are functioning properly and signals are being received at our Central Station. They also instruct students on fire safety and escape procedures in the event of an alarm. Montana Academy Transition Program has made an appointment for Kenco Security & Technology to do the same monitoring at 527 2"d Avenue West. Installation of an instrusion/fire system is anticipated prior to students arriving at the house, potentially on January 1st, 2012. We have found Montana Academy Transition Program to be reliable in their testing and training procedures at all locations and work closely to ensure their systems function as intended. Thank you, Theresa Edelen Operations Manager Kenco Security & Technology PO Box 2836 Kalispell, MT 59903 Office: 307 First Ave E., Suite #1 City of Kalispell 201 First Avenue East Kalispell, MT 59901 Flathead Valley Habitat for Humanity' Kalispell, Fontana Building Houses, Building Hope To the City of Kalispell Planning Board, (406) 257-8800 Fax: (406) 257-8656 habitat®aboutmontana.net Habitat for Humanity has been building safe, decent and affordable homes for hard-working Flathead Valley families since 1989. As a small non-profit organization, we have a limited staff and rely heavily on volunteer labor to achieve our mission of eliminating substandard housing in the Flathead Valley. Habitat understands that Montana Academy would like to expand its operations in Kalispell and we would like to offer our support. Habitat for Humanity of Flathead Valley (HFHFV) has been fortunate enough to work with Montana Academy since 2003. In the past couple of years, the Habitat for Humanity ReStore has benefited greatly from the consistent and quality help provided by Montana Academy students. The ReStore is a retail outlet dedicated to diverting usable building materials from the Flathead County landfill while raising money to support Habitat's new home construction. We are asked to hold students accountable to the same standards as other employees and volunteers, and have done so since day one. We are continually impressed by the maturity exhibited by the Montana Academy students, and amazed at how quickly they take pride and ownership in their work. HFHFV believes in the work done at Montana Academy and is proud to offer a place to foster personal and professional growth. The ReStore's positive experience is no doubt a.product of a well run and effective program. Our relationship with Montana Academy and its students has helped us greatly and we are confident other community.organizations feel the same way. HFHFV looks forward to a continued partnership with Montana Academy and is certain an expansion in Kalispell would benefit the entire community. Sincer�' Chris Execu Center for Restorative Youth Justice Youth Connections I Drug & Alcohol Accountability Program Theft Impact Circle Victim Offender Conferencing I Community Accountability Board Victim Impact Program To the City of Kalispell Planning Board and City Council: The youth of Montana Academy have been extremely instrumental in the programming of the Center for Restorative Youth Justice (CRYJ). We have been fortunate enough to have worked with various youth from Montana Academy since 2008. For CRYJ, the youth from Montana Academy have provided countless hours in program and office assistance, serving as invaluable volunteers and youth mentors for our program participants. They are reliable, incredibly dedicated and bring a passion and unmatched enthusiasm for working with youth in the Flathead who are struggling to learn from their mistakes. Montana Academy youth have helped form relationships and offer support as CRYJ youth participants move forward in their restorative programming. Here at CRYJ, our goal is to build safer communities by encouraging community/youth partnerships, emphasizing direct youthful accountability, and restoring victim well-being by providing innovative services committed to strengthening and improving the lives of youth, their families, and our community. The youth from Montana Academy who have volunteered with us understand accountability and work with local youth to provide them with opportunities to take responsibility for their actions in meaningful ways. They have shown to be more mature than the average adolescent; they have been challenged while at Montana Academy to make better decisions, to respectfully communicate, and to engage life fully. These youths' past experiences have proven to be an asset on our accountability panels, guiding our program participants toward productive alternatives from former negative behaviors. Furthermore, through our experience we have found these youth to be very responsible. We trust them with responsibilities beyond that of normal youth volunteers, such as updating our website and working on various panels throughout our five programs. These volunteers have also worked on specific projects that have made our office run more efficiently such as our database archive reorganization project. These volunteers balance their service with other commitments - attending college and sometimes other jobs while volunteering with our agency. Montana Academy youth have proven to be genuinely interested in their future as productive members of the community. Our agency and the youth of Kalispell have truly benefited from the participation of the Montana Academy youth in our community. Not only has CRYJ benefited from their contributions, but so have countless individuals and agencies within the Flathead Valley. I strongly support Montana Academy and their place in our Kalispell Community. Please feel free to contact me if you have any questions. Sincerely, Shareen Springer CRYJ Executive Director T. 406.257,7400 E: shareen@restorativeyouthjustice.org 224 1st Avenue East I Kalispell, Kr 599011 Phone 406.257.7400 1 Fax 406.257.7494 www.restorat'iveyouthjustice.org October 12, 2011 To the City of Kalispell Planning Board and City Council, I am writing to you as the coordinator of the Youth Entrepreneurial Project Coordinator at Montana Coffee Traders. Montana Coffee Traders has been fortunate enough to work with the youth from Montana Academy in the capacity of interns since 2005. For Montana Coffee Traders the youth from Montana Academy have worked as Baristas, in our Kalispell cafe as creators of our popular YEP food line, as sales people at our Whitefish Farmers market and coordinators of our Food Stamp SNAP booth at the Farmers Market. They are exceptional workers, with an enthusiastic attitude, interest and capacity for learning and serving. Over the past six years we have found that the Montana Academy students are given leadership roles at Coffee Traders due to their strong work ethic and understanding of accountability. All the students we have worked with seem mature beyond their years. They are able to balance their School activities, community volunteer commitments and work schedules. Our community benefits from the addition of Montana Academy Students in the neighborhood. Thank You, Sincerely, Barb Brant Montana Coffee Traders 5810 Highway 93 South Whitefish, Montana 59937 406 862 7633 www.FlatheadFoodBank.com Board of Directors: John Gardner Kalispell President October 25, 2011 Sheila Chipman Kalispell Vice President To Whom It May Concern: Sheryl Border Kalispell Secretary This letter is to support our friends at the Montana Academy_ I understand that they are looking to expand their program in the Kalispell area. At the Flathead Food Brad Kelsey Kalispell Bank and Second Helpings Thrift Store, we are totally in support of this program and Treasurer love working with the students that are associated with it. Judi Yeats Whitefish These kids have had more life experiences in their young age than many adults will Bev Larson ever have. They come to our community to learn how to fit in and excel as mem- Kalispell bers of our society. The staff and management of the facility work very hard with Ed Corrigan each one of the students to assure that this happens. By the time that the kids get Kalispell to the group home in town, they are working very successfully at becoming respon- Kari Wiley sible young adults. Many of them come to the Flathead Food Bank or Second Kalispell Helpings to volunteer. Robert Nystuen Lakeside We have been working with the kids at the academy since 2003. The Montana Doug Deaton Academy students that come and help us have been wonderful. They are always Bigfork willing to share their stories and most of the time we develop great, long lasting Cindy Garrity friendships. The kids work very hard for and with us, and the work that they do is a Whitefish great help not only to the food bank and thrift store, but to many other non-profit Courtney Babcock agencies in our community. Columbia Falls DaveStenberg We support the Montana Academy's decision to purchase another facility in Kalis- Kalispell pell. The people that will live there have very experienced, long tenured supervisors working with them to help them be successful. In my personal experience, these Staff Members: kids are in no way a danger to the community, or will in any way cause disturbance Lori Botkin in the neighborhood. They will continue to be good citizens, as they have been in Executive Director the past and will respect the chance that they have been given. Matt Alexander Operations Manager Wit Warm R ards, Sherry Schauble Office Manager 0110 � 7 1 John Emerson v �^ u/�_ Program Director Lori Botkin, Executive Director Janette Nostrum Flathead Food Bank Kitchen Manager Sue Stuber Bigfork Pantry Manager KALISPELL BIGFORK EVERGREEN MARION MARTIN CITY PANTRY 1203 Hwy 2 W. 7W Hwy 35 Calvary Lutheran Church Fire Department Canyon Head Start LOCATIONS Suite 2 2200 Hwy 2 East Auxiliary Building SON T t �'ie Ja1nt C.or :misalon Which has surveyecl this:orgariization-and found it to meet the requirements for the Behavioral Healffi Care A.ccreditaCion P>:ogram. October 9, 201.0 Accreditation is, customarily vabd4ot up to 39 months., "--� organization zD #422078 S `David.L.'Nahiwold, UD. IPHnt/Repcint-Date:1/1D/-11 Mark-Chass n,-NLD. Chairman of the Boazd. Piesident The joint Commission€is an indl pendent, not -;for -profit, national body that.ovecsees the safety and quality of`health-care and other services provided in accredited organizations. :Information about accredited organizations may be ,provided directly to The; JointCommission at 1-800-9946610: .Information :regarding accreditation .and ibe accreditation peiformance of individual :organizations canbe obtained .through The Joint Commission's web site at www.jointcominission.org. IAr ANA gf CERTIFICATION APPLICANT: Montana Academy - Group Home I, the undersigned certify that I did this date mail via First Class Mail a copy of the attached notice to the following list of landowners ad'oi� nine the property lines of the property where a conditional use permit has been requested. Date: I Kalispell, Gretchen Boyer 28 West California Street Kalispell, MT 59901 525 lst Avenue West Land Trust John Fleming Living Trust Jerry & Roberta Rounds 525 lgt Avenue West 126 Spring Creek Drive Kalispell, MT 59901 Kalispell,MT 59901 Roman Catholic Bishop of Helena P.O. Box 1729 Helena, MT 59601 Elisa Johnson 519 3rd Avenue West Kalispell, MT 59901 James & Norah Korn 540 2nd Avenue West Kalispell, MT 59901 Dudley & Alison Blake 701 East Jefferson Boise, ID 83712 Joy Elgin Trust 605 2nd Avenue West Kalispell, MT 59901 Gail Weimar 540 1 st Avenue West Kalispell, MT 59901 Peter & Tanya Sgrenci 188 Shelter Valley Drive Kalispell,MT 59901 John & Denise Cox 545 3rd Avenue West Kalispell, MT 59901 Desne Holland 5156 Lankershim Blvd North Hollywood, CA 91601 Cody & Jennelle Flora 518 2nd Avenue West Kalispell, MT 59901 Mary Allison P.O. Box 651 Kalispell, MT 59903 Marion Finley Friendship House, Inc. 606 2nd Avenue West Kalispell, MT 59901 Donald & Paula Alley 535 2nd Avenue West Kalispell, MT 59901 Lynne Averill 1340 Lombard Street, # 104 San Francisco, CA 94109 Glacier State Associates, LP 1915 Morena Blvd San Diego, CA 92110 W. Neil Hammer 140 5th Street West Kalispell, MT 59901 JoAnne Blake 910 7th Avenue West Kalispell, MT 59901 i Phyllis M. Reeves 535 3rd Avenue West Kalispell, MT 59901 Kathy Shull 526 2nd Avenue West Kalispell, MT 59901 label size 1 " x 2 5/8" compatible with Avery°5160/8160 Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning NOTICE�OF. PUBLIC �A ZING :CBANGE KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION NOVEMBER 29, 2011 The regular meeting of the Kalispell City Planning Board and Zoning Commission has been rescheduled for Tuesday,' November 29, :2011;:begimmng at`7. 00 PM[ in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda item. The Board will make a recommendation to the Kalispell City Council who will take final action. A request by Lost Horizon Ranch, LLC for a conditional use permit (CUP) to locate a transitional living program (defined under the zoning code as a group home) for youths 17 to 19 in an existing single-family home located at 527 Second Avenue West. The property is zoned RA-1, Residential Apartment, which requires a CUP for group homes serving eight or fewer persons within the district. The property can be legally described as lot 15 of Block 87 Kalispell Original Townsite, located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Group homes serving eight or fewer persons fall under a special provision in the state statutes, Section 76-2-412, M.C.A., that gives them a specific "residential" status. Because of this special status no conditions may be placed on the CUP that would not otherwise apply to residences in general. Additionally, a CUP for group homes cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office at (406) 758-7940 for additional information or visit our website at http://www.kalispell.com/-Dlanning/Agenda.php under "Agendas &Staff Reports". Written comments may be submitted to the Kalispell Planning Department at the above address prior to the date of the hearing, or email us at planning(?a kalispell.com. STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE ROONEY BEING DULY SWORN, DEPOSES AND SAYS: THAT HE IS TIIE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL C:'IRCULATION, PRINTED AND PUBLISHED IN TIIE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 18782 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN TIIE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON TIIE DATES Of Oct. 23, 2011. AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED TIIE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR TIIE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR TIIE SAME NUMBER OF INSERTIONS. as ---- 1--ck Subscribed and sworn to Before 1ne this October 24, 2011 J ---------- Lb 4a4-v� Dorothy I. GI cross Notary Public for the State. of Montana Residing in Kalispell My commission expires 9/11/20.13 ON oNo DOROTHY I, GLENCROSS ARf 90 NOTARY PUBLIC for the State of Montana * SEAL * Residing at Kalispell, Montana My Commission Expires �feot Mor°� September 11, 2013