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2. Conditional Use Permit - Santa & McKinnon - Community Residential FacilityTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityplannin¢ axenturytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Conditional Use Permit for Transitional Home at 305 Fifth Avenue East. - R-3, Residential, Zoning MEETING DATE: January6, 2003 BACKGROUND: This is a request by the John and Carol Santa and John and Rosemary McKinnon for a conditional use permit to allow a community residential facility for eight or fewer people in an R-3, Residential zoning district. The applicants propose to operate a "transitional home" for young adults leaving Montana Academy. They would live in the home with on -site staff supervision and will learn the tasks of young adulthood by working or attending college. This home would be in a single family residence located at 305 Fifth Avenue East in Kalispell. Community residential facilities for eight or fewer people are listed as a conditionally permitted use in all of the residential zoning districts. Although the permit is for eight or fewer people, because of the nature of the care there will seldom be more than three or four people at a given time and limited overnight stays. The home will be licensed with the State of Montana Public Health Department for a "transitional home." Section 76-2-412 of the Montana statutes states that group homes of this nature, i.e. which have eight or fewer residents, must be allowed in all residentially zoned areas, including single family districts. Furthermore, it states that conditions which are not applicable to residences in general may not be applied to these group homes. A copy of the statutes is included for your information. The Kalispell City Planning Board held a public hearing on December 10, 2002 and many people the immediate neighborhood voiced their concerns about the character of the historic neigbhorhood, decreased property values and the type of use being proposed. The applicants assured the planning board and the neighbors that these are young, responsible adults who will have an opportunity to transition in to the community after living at the Montana Academy and graduating from high school. They told the neighbors if they had any concerns, problems or other issues they could contact them personally. The applicants are long-time members of the community who have built a successful partnership in counseling and educating young people outside the constraints of decision making boards and public funding requirements and felt they had developed really successful techniques in educating and teaching life skills. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish Santa Conditional Use Permit December 20, 2002 Page 2 RECOMMENDATION: A motion to grant the conditional use permit for the transitional home subject to the recommended conditions would be in order. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: December 20, 2002 Attachments: Letter of transmittal and Attachment A (conditions) TCPO staff report KCU-02-9 and back-up materials Planning board minutes from 12/ 10/02 State statutes on group and foster homes City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: John and Carol Santa John and Rosemary McKinnon 28 W. California Street Kalispell, MT 59901 LEGAL DESCRIPTION: Lot 12, Block 194, Kalispell Addition #2 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana ZONE: Residential, R-3 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 December 3, 2002, 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 TCPO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Interim Zoning Ordinance, hereby adopts Tri-City Planning Office, Conditional Use Report #KCU-02-9 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, R-3 zoning district subject to the following conditions: 1. That the proposal will be developed insubstantial conformance with the approved site plan and the Kalispell Zoning Ordinance. 2. That all required licensing, inspections and approvals be obtained from the State Department of Public Health and the Kalispell Fire Marshal. 3. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is being made to do so. Dated this 6th day of January, 2003. Pamela B. Kennedy Mayor STATE OF MONTANA ss County of Flathead On this day of 2003 before me, a Notary Public, personally appeared Pamela B. Kennedy, 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 Residing at Kalispell, Montana My Commission Expires Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net December 20, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit for Transitional Home at 305 Fifth Avenue East. - R-3, Residential, Zoning Dear Chris: The Kalispell City Planning Board met on December 10, 2002, and held a public hearing to consider a request by John and Carol Santa and John and Rosemary McKinnon for a conditional use permit to allow a community residential facility for eight or fewer people in an R-3, Residential zoning district. The applicants propose to operate a "transitional home" for young adults leaving Montana Academy. They would live in the home with on -site staff supervision and will learn the tasks of young adulthood by working or attending college. This home would be in a single family residence located at 305 Fifth Avenue East in Kalispell. Narda Wilson with the Tri-City Planning Office presented staff report KCU-02-9 evaluating the conditional use permit proposal. The staff recommended approval of the application subject to three conditions. She also noted that community residential facilities with eight or fewer people have a special status under the state zoning statutes and has been supported by case law. These facilities are considered a "residential" use of property for zoning purposes and although the local government can require a conditional use permit, no conditions can be placed on the permit that would not otherwise apply to single family residences in general. The board opened the public hearing and several people from the neighborhood spoke in opposition because the character of the neighborhood could be undermined, potential behavior problems and additional risk to the residents. The applicants stated these are responsible young adults who have not been in trouble with the law and have respected the rules of the academy and are ready to move on. If there are any potential problems, they could be contacted directly to address them. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Santa Conditional Use Permit December 20, 2002 Page 2 The board discussed the request and had the applicant answer questions from the neighborhood residents. A motion was made to adopt staff report KCU-02-7 as findings of fact and forward a recommendation to the Kalispell City Council to approve the conditional use permit subject to the conditions in Attachment A. Please schedule this matter for consideration by the city council at their next regular meeting of January 6, 2003. Please contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely Kalispell City Planning Board Ron Van Natta President RVN/NW Attachments: Attachment A - Recommended Conditions of Approval TCPO staff report KCU-02-9 and application materials Minutes from the 12/ 10/02 planning board meeting Copy of state statutes addressing group homes c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: John and Carol Santa, John and Rosemary McKinnon 28 W. California St., Kalispell, MT 59901 Scott Santa, 1 Main Street, Kalispell, MT 59901 H: \FRDO\TRANSMIT\KALISPEL\2002\KCU02-9.DOC Santa Conditional Use Permit December 20, 2002 Page 3 ATTACHMENT A JOHN AND CAROL SANTA AND JOHN AND ROSEMARY I CONDITIONAL USE PERMIT RECOMMENDED CONDITIONS OF APPROVAL The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above referenced conditional use permit approval request. A public hearing was held on this matter at the December 10, 2002 planning board meeting. That the proposal will be developed in substantial conformance with the approved plan and the Kalispell Zoning Ordinance. 2. That all required licensing, inspections and approvals be obtained from the State Department of Public Health and the Kalispell Fire Marshal. 3. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is being made to do so. 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. Kalispell City Planning Board Minutes of the meeting of December 10. 2002 Page 1 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. No one wished to OPPONENTS Delano Hanzel, 215 50, 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 5th 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 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. 311 501 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 ISO -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. Ron Van Natta, Chairman of the Board Debbie Willis, Recording Secretary APPROVED as submitted/corrected: / /02 Kalispell City Planning Board Minutes of the meeting of December 10, 2002 Page 8 JOHN AND CAROL SANTA JOHN AND ROSEMARY MCKINNON TRI-CITY PLANNING OFFICE CONDITIONAL USE PERMIT STAFF REPORT #KCU-02-9 DECEMBER 3, 2002 A report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a Conditional Use Permit to allow a community residential facility for eight or fewer people in an R-3, Residential zoning district. A public hearing on this matter has been scheduled before the planning board for December 10, 2002, beginning at 7:00 PM, in the Kalispell City Council. Chambers. The planning board will forward a recommendation to the City Council for final action. RArK gO rNp iNF )RUAMN: Community residential facilities serving eight or fewer people fall under a special provisions in the state statutes, Section 76-2-401, M.C.A., that give them a specific "residential" status. Because of this special status no conditions may be placed on the permit that would not otherwise apply to residences in general. Additionally, a conditional use permit for community residential facilities cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. A. Petitioner: John and Carol Santa John and Rosemary McKinnon 28 W. California Street Kalispell, MT 59901 (406) 752-8408 Scott Santa 1 Main Street Kalispell, MT 59901 (406) 257-8900 B. Size and Location: The property proposed for the group home is located on the southeast corner of Fifth Avenue East and Third Street East in Kalispell The residential facility is proposed in an existing home at 305 Fifth Avenue East. The property can be described as Lot 12, Block 194, Kalispell Addition #2 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Nature of Request: The applicants are requesting a conditional use permit to allow a community residential facility as a transition home for boys or girls leaving Montana Academy. They would be young adults that would live in the home with on -site staff supervision. They will learn the tasks of young adulthood by working or attending college. The property where the transition home is proposed 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 in an existing single-family home. The home will need to be licensed and operated in accordance with the State of Montana Public Health Department for group homes. Group homes for eight or fewer people fall under a specific exemption in the state statutes that classifies them as a residential use of the property and they cannot be denied. D. Existing Land Use and Zoning: Currently there is a single-family residence on the property to be used for the transition home which has good architectural integrity and historical significance. It is part of the East Side Historic District and is considered to be a "primary contributor" to the district. The house is a three story or two and one-half story brick home with a detached double car garaged that accesses off of Third Street East rather than the alley. No modifications will be made to the home other than some minor changes that may be required to comply with building code requirements for group homes. The zoning for the property is R- 3, a Residential district which lists group homes and community residential facilities for eight or fewer people as a conditionally permitted use. E. Surrounding Zoning and Land Uses Zoning: The properties in the immediate area are all developed with older single-family residences and this area is considered to be a prime residential area in the city of Kalispell because of its good architectural character and historic significance as well as the mature streetscape of the area. Conrad Mansion lies a block to the east. North: Single family residential; R-3 zoning district South: Single family residential; R-3, Residential zoning East: Single family residential; R-3 Residential zoning West: Single family residential; R-3 Residential zoning F. Master Plan Designation: The former Kalispell City -County Master Plan Map designates this area as urban residential which provides the basis for the R-3, Urban Residential, zoning designation. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Montana Power Company Electric: Flathead Electric Cooperative Phone: CenturyTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell H. Evaluation of the Request: a. Adequate Useable Space: One standard size city lot contains the house, garage, small front and rear yards as well as modest setbacks around the building. The house appears to comply with the setbacks for the R-3 zoning except the south side yard setback which appears to be closer than the required five feet. The proposed use would affect the zoning setbacks since it would not require significant if any remodeling. Parking is proposed on site. 2. 3. b. Adequate Access: Access to the detached double car garage is off of Third Street East on the northeast side of the lot. The access appears to be concrete and the garage appears to be setback 20 feet or more from the edge of the sidewalk. Drop-off parking area in front of the house can be accommodated at the curb. Access to the site is good. C. Environmental Constraints: There are no obvious environmental constraints apparent on the property. The property is generally level and has already been developed in a residential area of Kalispell. a. Parking Scheme: The Kalispell Zoning Ordinance requires two spaces per single family dwelling. With the parking inside the garage providing two spaces with room for an additional vehicle in front of each stall, the property can provide four on -site parking spaces. No alterations to the existing parking situation will be required in order to meet the parking requirements of the zoning regulations. b. Traffic Circulation: There is no specific traffic circulation within the site since all traffic will enter and exit primarily from the existing driveway along Third Street East or will be using Fifth Avenue East. Guest parking will be provided in front of the house at the curb or along Third Street East. Traffic circulation in the area and to the site is generally good. C. Open Space: No specific open space requirements are required under the zoning other than the required setbacks. This is an existing home which is of architectural and historical significant. d. Fig/Screeningo anr3�i g: Mature landscaping exists throughout the property with fencing in place on the south, east and north sides of the property. No fencing will be required. No additional screening or landscaping would appear necessary. e. .Slgtlage: No signage has been indicated on the site plan or proposed in the application. a. 10 C. Schools: This site is within the boundaries of School District #5, however, generally speaking, this proposal should have minimal impact on the school district with the children in the schools. Parks and Recreatinn: Woodland Park is in close proximity to this site and lies to the northeast approximately one -quarter of a mile. There should be no significant impact on the parks and recreation programs and facilities as a result of this use. Police.: No substantial impacts to the police can be anticipated as a result of the proposed residential facility. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. The group home will need to comply with the Uniform Fire Code and will be coordinated with the Kalispell Fire Marshal. There are fire hydrants in the area as well as good access to the site in the case of a fire. e. WateL: City water will continue to be used to serve the group home. No significant impact on water services can be anticipated as a result of this facility. Sewer: Sewer service will be provided by the City of Kalispell. No significant impacts on City sewer services can be anticipated as a result of the proposed use. g. Solid Waste: Solid waste pick-up will be provided by the City, and no significant increased impacts can be anticipated as a result of the proposed use. h. Roads: Minimal to moderate traffic generation can be anticipated as a result of this use. Access will generally be onto East Nevada Street which is well maintained and in good condition. Roads in the area are adequate to accommodate the proposed use. i. Irmneffiate Neighborhood imp act: The general character of this area is a high quality, well established residential area. Impacts to the neighborhood will be similar to those of a large family with children. The group home will generally function as a family unit. Impacts to the neighborhood should be relatively insignificant. A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, one inquiry from an adjoining property owner was received by the Tri-City Planning Office. It is recommended that the Kalispell City Planning Board and Zoning Commission 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 the following conditions: 1. That the proposal will be developed in substantial conformance with the approved site plan and the Kalispell Zoning Ordinance. 2. That all required licensing, inspections and approvals are obtained from the State Department of Public Health and the Kalispell Fire Marshal. 3. That commencement of the approved activity must begin with 18 months from the date of authorization or that a continuous good faith effort is being made to bring the project to completion. H: \... \KCU J 99\KCU02-9.DOC NW 4 10-3 0-2002 The home located at 305 5th Ave. East shall be used as a transition home for boy's or girls leaving Montana Academy. Up to 8 young adults will live in this home with on -site staff supervision. They will learn the tasks of young adult life by working or attending college. Sincerely, y'John L. Santa, Ph.D. Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL i e � PROPOSED USE: �i d./<_ ' i ^. j'"��" OWNER(S) OF RECORD: ) Name: J1y h n ,� t5' C:57 Le Y=-:^ =a r ;. ` C *: rt a. 1l Mailing Address: ;� F VV Ca City/State/Zip: JA,�,z./- /7t Phone: 75 - > J 8 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Mailing Address: City/State/Zip: K_rs .� ! )7 Phone: 599a 1 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): 131��k I �� Z. t 1 a, k4 Street Sec. Town- Address: 3-0 3 ='4vB .F No. 7 ship Range f No. oZ /r Jisd Sdoc��� �� Subdivision Tract Lot Block Name: %% A No(s). No(s). No. 1, Zoning District and Zoning Classification in which use is proposed: 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 e:dsting buildings e. Size(s) and location(s) of proposed buildings. f. E:dsting use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. RECEIVED OCT 3 1 2002 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 Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and /o3©v Date ems P / � - -a-0 to tk� ------------- elo It L C LL 'Ili oL / 3 5f, R x LZ- X7- 3. items a through k. a. The traffic flow and control. No change of effect to residential traffic. b. No change to the neighborhood needed to residential access to said property. c. The parking will be either street parking or private existing garage. d. Kalispell city will pickup the trash, . e. Full city services are available to the subject property. city water, city sewer, power and phone f. Screening will be provided in the backyard by the existing fence. g. No signs will be needed. The back yard of the existing home will be used for open space. I Existing structure is approximately 30 feet in high. i. 24 hour residential usage. k. No excessive noise beyond normal residential noise. 4. Supplemental info. There will be an onsite manager living at the residence. Page-12 - Kalispell Zoning Ordinance CHAPTER 27.06 R-3 RESIDENTIAL Sections: 27.06.010 Intent 27.06.020 Permitted Uses 27.06.030 Uses Which May Be Permitted By Conditional Use Permit 27.06.040 Property Development Standards 27.06.010: Intent. A residential district to provide lot areas for urban development. This development must be served by all public utilities. 27.06.020: Permitted Uses. G). Boarding house, incidental (see definition). (2). Day care (family or group day-care homes). (3). Dwelling, single family. (4). Parks. 27.06.030: Uses Which May Be Permitted By Conditional Use Permit. (1). Bed and breakfast. (2). Church/worship/parish/Sunday school buildings. (3). Community center/gym/swim pools -operated by public/quasi-public. (4). Community residential facility for eight (8) or fewer persons. (5). Day care center. (6). Dwellings, cluster development. (7). Electrical distribution station. (8). Foster or group homes serving eight (8) or fewer persons. (9). Golf courses. (10). Law enforcement/fire stations. (11). Railroad rights -of -way. (12). Recreational area, non-commercial. (13). Schools, public/private, grades 1-12. (14). Temporary building/structure. (15). Water storage facilities. TCPO - 2002 Zone Change, Variance, Conditional Use, Pill) CERTIFICATION APPLICANT: JOHN & CAROL SANTA / JOHN & ROSEMARY MC KINNON TCPO FILE NO: #KCU-02-9 I, the undersigned, certify that I did this date mail a copy of the attached notice to the following list of landowners within 150 feet of the property lines of the property that is the subject of the ap lication. Date: %/";' - 6 �C JOHN & CAROL SANTA JOHN & ROSEMARY MC KINNON 28 WEST CALIFORNIA ST KALISPELL MT 59901 SCOTT SANTA 1 NORTH MAIN ST KALISPELL MT 59901 AND ATTACHED LIST HAUSCH 150' ADJOINING OWNERSHIP LOT 12, BLK 194, KAL ADD 2 SEC 17, T28N, R21 W 800 S. 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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. 1. A conditional use permit request by John and Carol Santa to allow the operation of a community residential facility for eight or fewer people on property zoned R- 3, Residential. This facility would function as a transition home for older children in a family setting and allow them to reintegrate into school and work. The zoning district lists community residential facilities for eight or fewer people as a conditionally permitted use. Community residential facilities for eight or fewer people have an exempt status under the state statutes and cannot be denied by the local government. This use is proposed in an existing single-family home located at 305 Fifth Avenue East in Kalispell and is located on the southwest comer of Fifth Avenue East and Third Street East. The property can be described as Lot 12, Block 194, Kalispell Addition No. 2 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to this agenda item are on file for public inspection at the Tri- City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda Wilson, Senior Planner, at (406) 751-1850 for additional information. Thomas R. Jentz Planning Director 1': 2 I 1 J VICINITY MAP JOHN & CAROL SANTA CONDITIONAL USE PERMIT COMMUNITY RESIDENTIAL FACILITY / TRANSITION HOME R-3, URBAN RESIDENTIAL CITY OF KALISPELL ZONING JURISDICTION PLOT DATE: 11/20/02 FILE# KCU-02-9 SCALE 1" = 150' H:\gfs\site\kcu02_9.dwg December 7,2002 City of Kalispell Planning Board 17 2"a Street East, Suite 211 Kalispell, Montana 59901 RE:Conditional Use Permit requested by John and Carol Santa 305 5'h Ave East Kalispell Dear Sirs, We appreciate the need fur a1i hrdividuais to have a home where they can have peace, safety and quiet. So too, these children with unhappy, complicated and unfortunate pasts, have a similar need. These children, with their special needs, are entitled to the safe direction of a responsible adult for guidance and supervision. We request that the facility do more than simply state these children will be "supervised" and that they be required to have an awake adult present in a supervisory capacity at all times. This will assure that all in our neighborhood will be able to enjoy their homes without undue disruption of the peace and facilitate a successful integration into the neighborhood and an appropriate environment for these troubled children. Sincerely, j UU I Dr. and Mrs. M.E.K. Johnson (Ed and Rita) MKJ/mkj RECEIVED DEC , 9 2002 TRI-CITY PLANNING OFFICE 76-2-401. Definitions. As used in 76-2-402, the following definitions apply: (1) "Agency" means a board, bureau, commission, department, an authority, or other entity of state or local government. (2) "Local zoning regulations" means zoning regulations adopted pursuant to Title 76, chapter 2. History: En. Sec. 1, Ch. 397, L. 1981. 76-2-402. Local zoning regulations -- application to agencies. Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing, as defined below, shall be held. (1) The local board of adjustments, as provided in this chapter, shall hold a hearing within 30 days of the date the agency gives notice to the board of its intent to develop land contrary to local zoning regulations. (2) The board shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use. History: En. Sec. 2, Ch. 397, L. 1981. Case Notes: Notice at Public Hearing of Planned Water Storage Facility Sufficient: The fact that the public was allowed the opportunity at a public hearing to present opinions and objections to the building of a water tower on municipal land in violation of city zoning regulations constituted sufficient notice under this section, regardless of the fact that the tower was already under construction at the time of hearing. Hagfeldt v. Bozeman, 231 M 417, 757 P2d 753, 45 St. Rep. 728 (1988). 76-2-403 through 76-2-410 reserved. 76-2-411. Definition of community residential facility. "Community residential facility" means: (1) a community group home for developmentally, mentally, or severely disabled persons which does not provide skilled or intermediate nursing care; (2) a youth foster home or youth group home as defined in 52-2-602; (3) a halfway house operated in accordance with regulations of the department of public health and human services for the rehabilitation of alcoholics or drug dependent persons; or (4) a licensed adult foster family care home. History: En. Sec. 1, Ch. 350, L. 1973; amd. Sec. 1, Ch. 129, L. 1974; amd. Sec. 6, Ch. 364, L. 1975; R.C.M. 1947, 11-2702.1; MCA 1981, 76-2-313; redes. 76-2-411 by Code Commissioner, 1983; amd. Sec. 28, Ch. 465, L. 1983; amd. Sec. 1, Ch. 309, L 1986; amd. Sec. 9, Ch. 514, L. 1987; amd. Sec. 236, Ch. 418, L. 1995; amd. Sec. 546, Ch. 546, L. 1995. Compiler's Comments: 1995 Amendments: Chapter 418 in (3) substituted "department of public health" for "department of health and environmental sciences". Amendment effective July 1, 1995. Chapter 546 in (3) substituted "department of public health and human services" for "department of health and environmental sciences". Amendment effective July 1, 1995. Transition: Section 499, Ch. 418, L. 1995, provided: "The provisions of 2-15-131 through 2-15-137 apply to (this act]." Saving Clauses: Section 503, Ch. 418, L. 1995, was a saving clause. Section 571, Ch. 546, L. 1995. was a saving clause. 1987 Amendment: In (1) substituted "severely disabled" for "physically disabled". 1985Amendment: In (1) substituted language defining community residential facility as a community group home for: "a group, foster, or other home specifically provided as a place of residence for developmentally disabled or handicapped persons who do not require nursing care"; and in (2) inserted "youth foster home or". 1983 Amendment., In (2), substituted "a youth group home as defined in 41-3-1102" for "a district youth guidance home established pursuant to 41-5-903". Case Notes: Legislative Power Paramount to City Zoning Regulations: When the Legislature determines that the constitutional rights of developmentally disabled are to live and develop within community structure as a family unit rather than be segregated in isolated institutions, city zoning regulations should be revised to meet legislative requirements, as a city has no power except as conferred by legislative grants, which the legislative branch may modify or withdraw at its pleasure. State ex rel. Thelen v. Missoula, 168 M 375, 543 P2d 173 (1975). Collateral References: Youth Services Proposal for Reorganization, Legislative Council, 1982. 76-2-412. Relationship of foster homes, youth group homes, community residential facilities, and day-care homes to zoning. (1) A foster or youth group home operated under the provisions of 52-2-621 through 52-2-623 or a community residential facility serving 8 or fewer persons is considered a residential use of property for purposes of zoning if the home provides care on a 24-hour-a-day basis. (2) A family day-care home or a group day-care home registered by the department of public health and human services under Title 52, chapter 2, part 7, is considered a residential use of property for purposes of zoning. (3) The facilities listed in subsections (1) and (2) are a permitted use in all residential zones, including but not limited to residential zones for single-family dwellings. Any safety or sanitary regulation of the department of public health and human services or any other agency of the state or a political subdivision of the state that is not applicable to residential occupancies in general may not be applied to a community residential facility serving 8 or fewer persons or to a day-care home serving 12 or fewer children. (4) This section may not be construed to prohibit a city or county from requiring a conditional use permit in order to maintain a home pursuant to the provisions of subsection (1) if the home is licensed by the department of public health and human services. A city or county may not require a conditional use permit in order to maintain a day-care home registered by the department of public health and human services. History: En. Sec. 2, Ch. 350, L. 1973; amd. Sec. 2, Ch. 129, L 1974; R.C.M. 1947, 11-2702.2; MCA 1981, 76-2-314; redes. 76-2-412 by Code Commissioner, 1983; amd. Sec. 29, Ch. 465, L. 1983; amd. Sec. 1, Ch. 181, L. 1987; amd. Sec. 237, Ch. 418, L. 1995; amd. Sec. 546, Ch. 546, L. 1995. Compiler's Comments: 1995 Amendments: Chapter 418 in (4), in first sentence, substituted "department of public health" for "department of health and environmental sciences", and made minor changes in style. Amendment effective July 1, 1995. Chapter 546 in (2) substituted "department of public health and human services" for "department of family services"; in (3), in second sentence, substituted "department of public health and human services" for "department' in (4), in first sentence, substituted "department of public health and human services" for "department of health and environmental sciences and the department of family services" and at end of second sentence substituted "department of public health and human services" for "department of family services", and made minor changes in style. Amendment effective July 1, 1995. Transition: Section 499, Ch. 418, L. 1995, provided: 'The provisions of 2-15-131 through 2-15-137 apply to [this act]." Saving Clauses. Section 503, Ch. 418, L. 1995, was a saving clause. Section 571, Ch. 546, L. 1995, was a saving clause. 1987Amendment., Inserted (2) designating a family day-care home or group day-care home registered by Department as a residential use of property for zoning purposes; at beginning of (3) substituted "facilities listed in subsections (1) and (2)" for "homes" at end of (3) inserted "or a day-care home serving 12 or fewer children" and In (4) substituted reference to subsection (1) for "this section" and inserted second sentence prohibiting a city or county from requiring a conditional use permit to maintain a day-care home registered by Department of Family Services. Function Transfer. Pursuant to sec. 117, Ch. 609, L. 1987, the Governor by executive order transferred the function and authority contained in this section from the Department of Social and Rehabilitation Services to the Department of Family Services. 1983Amendment: In (1), changed "boarding home" to "youth group home". Case Notes: Frivolous Resistance to Group Homes and Facilities: There is absolutely no question that under Saving Clause: Section 79, Ch. 550, L. 1997, was a saving clause. Severability. Section 80, Ch. 550, L. 1997, was a severability clause. 1995 Amendment: Chapter 546 in definition of Department substituted "department of public health and human services provided for in 2-15-2201" for "department of family services provided for in 2-15-2401"; and made minor changes in style. Amendment effective July 1, 1995. Saving Clause: Section 571, Ch. 546, L. 1995, was a saving clause. 1991 Amendment: Inserted definitions of foster child, respite care, and respite care provider. Amendment effective July 1, 1991. 1987Amendment. In (2) changed definition of department from Department of Social and Rehabilitation Services to Department of Family Services and inserted reference to 2-15-2401; and in (6), after "licensed", substituted "by the department or by the appropriate licensing authority in another state and" for "in accordance with 41-3-1141 through 41-3-1143", substituted "facility substitute care" for "substitute care", and made minor changes in phraseology. 1985 Amendment. In (4) made minor changes in phraseology; deleted former (6) that defined "Treatment facility"; in (6) after "provided to youth", deleted "in need of care, youth in need of supervision, or delinquent youth" and in (7) substituted "youth other than the foster parents' own children, stepchildren, or wards" for "youth to whom the foster parents are not related by blood, marriage, or adoption, or wardship". 1983 Amendment: In (3), changed "operator of a foster home or boarding home" to "operator of a youth care facility" and rearranged the definition; and after "operating" changed "home or institution" to "youth care facility". 1981 Amendment: Deleted "nor related to him by blood" after "nor ward" near the middle of (1); made minor changes in phraseology. Cross References: Definition of community residential facility, 76-2-411. Administrative Rules: ARM 37,37.101 Therapeutic youth group home — definitions. ARM 37.97.101 Youth care facility -- purpose. ARM 37.97.102 Youth care facility -- definitions. Attorney General Opinions: Retroactive Foster Care Payments: In the absence of a determination that foster care assistance was improperly denied, neither a county department of public welfare nor the Department of Social and Rehabilitation Services (now Department of Public Health and Human Services) is required to retroactively pay foster care costs on behalf of a relinquished child. Where there is a determination made that foster care assistance was improperly denied, only the foster home involved is entitled to foster care payments. 38 A.G. Op. 11 (1979). Public and Private Placement Agencies: County departments of public welfare may not deny foster care payments solely because the child receiving foster care has been relinquished to a private rather than public placement agency. If eligibility is established, county departments of public welfare are required to approve foster care payments to a foster home on behalf of a child who has been relinquished to a private placement agency. 38 A.G. Op. 11 (1979). 52-2-627. Respite care. (1) The department shall provide respite care, to the extent funds are available, for foster children who are: (a) persons with developmental disabilities and either on a respite care waiting list or not eligible for respite care from another program; (b) medically demanding because they are nonambulatory or have other special needs requiring intensive supervision or care; or (c) suffering from severe emotional problems that are manifested in serious behavior problems. (2) Respite care may be provided by the department on an hourly, daily, or weekly basis at a rate of payment to be determined by the department. (3) Respite care may not be provided in an institutionalized setting except in cases involving foster children who require intensive supervision or care. History: En. Sec. 2, Ch. 559, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; Sec. 41-3-1151, MCA 1999; redes. 52-2-627 by Sec. 17(3)(d), Ch. 281, L. 2001. Compiler's Comments: 1995Amendment— Phrase Change: Section 21, Ch. 255, L. 1995, directed the Code Commissioner to change references in the MCA to a person who is developmentally disabled or to a developmentally disabled person to a person with developmental disabilities. The change was not to be made to the phrase "seriously developmentally disabled". In (1)(a), the Code Commissioner has made the change. Effective Date: Section 6, Ch. 559, L. 1991, provided: "[This act] is effective July 1, 1991." Administrative Rules: ARM 37.50.512 Foster care support services -- respite care selection and training. 52-2-628. Respite care providers -- recruitment, training, and employment -- qualifications. (1) The department shall either directly or by contract with public or private, nonprofit agencies recruit, train, and employ respite care providers. (2) Respite care providers shall meet the qualifications and requirements specified in rules adopted by the department pursuant to 52-2-603. History: En. Sec. 3, Ch. 559, L. 1991; Sec. 41-3-1152, MCA 1999; redes. 52-2-628 by Sec. 17(3)(d), Ch. 281, L. 2001. Compiler's Comments: Effective Date: Section 6, Ch, 559, L. 1991, provided: "[This act] is effective July 1, 1991." Administrative Rules: ARM 37,50.512 Foster care support services — respite care selection and training. Law Review Articles: The Effect of Land -Use Restrictions on the Establishment of Community Residences for the Disabled: A National Study, Steinman, 19 Urb. Law. 1 (1987).