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Flathead County Staff Report 07/31/01AUG.29.2001 10:41 406 758 596` FLATHEAD Co PLANNING & Zor #0309 P.002/002 FLATHEAD COUNTY PLANNING AND ZONING OFFICE KALISPELL CITY -COUNTY MASTER PLAN STAFF REPORT #KPA-01-1.02 JULY 31, 2001 A report to the Kalispell City-COUTAy Plannirig Hoard and Zontrig Conunission, the Kalispell City Council and the Flathead County Board of County Commissioners regarding an amendment to the Kalispell City -County Master Plan. A public bearing has been scheduled before the planning board for Atigust. 14., 2001 beginning at 7.00 PM in the Kalispell City Council Chambers. The Plarirung Hoard will forward a recommendation to the Kalispell City Council and the County Commissioners for final action. A. Petitioner: Wolford Development Inc. Jaines L. (Bucky) Wolford 1200 MoLuitain Creek Road, Suite 102 Chattanooga, TN 37405 (423)-874-0811 Technical Assistance; Stokes and Associates J can Jolulson 343 First. Street. West Kalispell, MT 59901 (406) 755-8707 This is a proposed amendment to the Kalispell City County Master Plan, which was adopted by the City of Kalispell on April 7, 1986 and by Flathead County on February 6, 1986. The applicant proposes to amend the master plan map designation on a block of property (approximately 144 acres) near the northeast boundary of the Planning Jurisdiction to commercial. Currently, the area is a mixture of designations ranking froin Agricultural to Light. industrial. 'lie purpose of the amendment would be to facilitate a rezone of the area to County B-2 (General Commercial) in anticipation of the construction of a 683,000 square foot mall complex. The Master Flan application, supporting documents and findings submitted by the. applicants have been included as an informational item with this packet. The property proposed for the map amendment is located on the cast side of LaSalle and north of East Reserve Drive. A location snap with the subject property highlighted is attached to this report.. This property is west of Granite View subdivision and can be described as Assessor's Tracts 7, 7G, 7J, 7E: and 313A located in Section 28, Township 29 North, Katlge 21 West, P.M.M, Flathead CoLuity, Mon aria. A title report with a meets and bounds description is attached to this report. 2 The site is currently used for active agricultural purposes. This property is part of the Evergreen and Vicinity Zoning District. This district was created by Flathead County on 7/ 17/90. The Zoning District has various use designations and implements the Kalispell City -County Master Plan. The property proposed for the Master Plan amendment is currently zoned B-2 (Commercial), I-1H (Light Industrial -Highway), R-2 (Residential) and SAG-10 (Suburban Agriculture). The zoning reflects the current status of the Kalispell Master Plan Map. It is my understanding that the proposed Kalispell Growth Policy Map contains the same or very similar use designations for the subject property. E. Adjacent Land Uses and Zoning: This area can be described as being located on the fringes of the planning jurisdiction and is characterized by having a mixture of uses ranging from agricultural to commercial. North: Commercial (B-2) and Suburban Agricultural (SAG-10) South: Commercial (B-2), Residential (R-1) and (R-2) East: Suburban Agriculture (SAG-10) and Residential (R-2) West: Agricultural (AG-80), Residential (R-2) and Commercial (B-2) The Kalispell City -County Master Plan is intended to provide guidance for long-term growth in a general and comprehensive manner. The Kalispell Master Plan was adopted by the City of Kalispell on April 7, 1986 and by Flathead County on February 6 1986. As the board is aware, the Kalispell plan is in the process of being updated to a growth policy that may be adopted by the City of Kalispell and Flathead County as early as November of this year. The proposed plan amendment should be considered in the context of the overall goals and policies of the Kalispell City County Master Plan. No specific evaluation criteria currently exists in the Kalispell City -County Master Plan nor under state statute for plan amendment requests. In evaluating the proposed map amendment, the proposal will be evaluated in the context of whether the overall goals and objectives of the neighborhood plan and the master plan are being served as well as the specific elements of the neighborhood plan. Consideration will also be given to several elements outlined in the state statutes for master plans which would include: growth management, land use, transportation, environmental considerations, economy, availability of public services and facilities. Consideration will also be given to the circumstances under which proposed master plan request is being made which would justify approval of the amendment. 1. Relation of the plan amendment to the master plan: The primary goals and objectives of the Kalispell Plan is to insure responsible and orderly development of the City and the 41/2 mile planning jurisdiction. These goals, in some areas encourage the preservation of agriculture and a rural atmosphere. While in others, moderate to high -density residential, commercial and industrial development are encouraged. These goals were the driving force that resulted in the adoption of zoning by Flathead County in all areas affected by the Kalispell City -County Planning Jurisdiction. While it would be an interesting exercise to look at the draft Growth Policy Map to see what the Planning Board and City Council have set as theoretical planning guides for this property, County Staff would submit to the Planning Board and Governing Bodies that the issue is moot until such time as the document has been adopted. This project involves 144 acres, which as discussed in the information sections above has several zoning classifications that are substantially consistent with the current Master Plan for the area. However, a liberal interpretation of the existing Master Plan Map would lead one to believe that the vast majority of the property, approximately 100 acres has a plan designation of either commercial or industrial. As such, approximately 44-acres of the project site are Master Planned for low -density residential or suburban agriculture. When evaluating a request, one of the questions fronted by proponents and opponents alike is the intensity of use of the land. First, it is important to remember that eleven -percent (15.8 acres) of the property carry the proper plan and zoning designation for the anticipated use. Couple this fact with the assumption made in traditional planning that land uses range from low intensity (Agricultural) to high intensity (Industrial). Given this, approximately 58 percent of the lands (84 acres) involved in this request are planned for a substantially more intensive use than what the applicant has requested. For planning purposed it would appear to be a wise or at a minimum advisable to trade lower use intensity on roughly 84 acres with an increase in intensity on approximately 44 acres of land. The Planning Board and Zoning Commission should also factor into the equation that there will be significant areas surrounding this development that will be parking areas and vegetative buffers between adjacent land uses. Staff concludes that the proposed amendment is consistent with the intent of the existing master plan policies and goals. 2. Growth Management Considerations: The single largest negative presented with this application is that the development will cannibalize downtown Kalispell commercial operations, force vacancies in the existing business and redirect growth into the unincorporated portions of Flathead County. It is unreasonable to assume that government in the exercise of its legislative authority has the ability to preserve or protect existing commercial enterprises. Business in its purest form is capitalism at its finest, those that provide the best service at to best price will remain in business those that do not will fail and be replaced by another entrepreneur. The Kalispell City -County Master Plan is 15 years old. The demographics of the region have changed substantially during these years. Staff would submit to the Board that the amount of commercially planned properties has not kept pace with residential growth to the planning and zoning documents for the jurisdiction. The site is within reasonable proximity to the urban services and there has been discussion of the creation of an annexation district to the City of Kalispell that will infuse large amounts of tax revenue to the City in exchange for limited services. It is logical to conclude that should the City annex this property further annexation will occur further expanding the City tax base and revenue sources. Development with the use of on -site sewage treatment systems within the development is an option for the developer. However the applicant has stated that the development is superior with public a public water supply and sewage treatment. Staff would concur with this assessment of the situation. While one could conclude that the plan amendment does not further good growth management policies, staff would submit that it is far better to locate a project of this scale within a jurisdiction that is planned, has development standards and is within the designated growth area of the City. Given this, staff would conclude that the proposal represents responsible growth management policies. 3. Environmental considerations: One of the most important considerations that can be considered with regard to this proposal is the need for public water and sewer. While the project could theoretically succeed with on -site sewer and water, there are a number of potential issues that the developer would need to resolve with the Flathead City -County Health Department. It is recommended that the developer actively pursue the extension of public water and sewer to the property to insure that the basic public health and safety considerations are resolved. Without question, a mall site with 683,000 square feet of commercial space is a huge undertaking. This coupled with the required parking areas will place a tremendous portion of the property under impervious surface. This proposal has the potential to dramatically alter the storm and ground water characteristics of the area. This coupled with the fact that the water table in this portion of the County is relatively shallow. While staff is not qualified to quantify or address the potential impacts, the developer should work to resolve these issues. The potential negative affects of this development need to be tempered by the fact that 55.6 acres of the project property carry and industrial zone designation. Clearly, some of the permitted uses within this zoning district have the potential to adversely affect this review criterion at a rate equal to or greater than what this applicant has requested. Given this, staff would conclude that the project will not adversely affect the environmental considerations of the Kalispell City -County Master Plan. 4. Economy: Traditionally commercial and industrial development within a jurisdiction are encouraged because they pay significantly more in taxes than they generate in demand for services. The development of a regional shopping center in addition to affording local consumers with additional options, a regional shopping center will serve as an attractant to consumers from outside of our traditional market. It is logical to assume that once the out of the area consumer is into our market area that they would spend money in other areas of the economy thereby increasing the viability of other businesses and services within Flathead County. In the past, agriculture and timber have been an important part of the local Ci economy. However, there has been a trend in recent years toward a more service - oriented economy as well as a decline in agricultural and timber related activity. The property owners have traditionally farmed this property and need to divest themselves of a portion of their farmland for personal reasons. The economic viability of farming in the Valley has taken a tenuous turn for the worse, and the sale of this property may allow the property owners to extract some measure of profit from their ownerships. While there may be an adjustment period where competing interests sort out their niche, the end result should be positive for the whole of the commercial base of the City of Kalispell and Flathead County. 5. Availability of public services and facilities: Consideration of public services in the area including roads, schools, fire and emergency services and water and sewer facilities. Traffic generation as a result of this type of intensive commercial development would result in significant impacts to Highway 2 and East Reserve Drive. While it is impossible to establish a correlation of the impacts of this development verses the potential development of the site as permitted under the current zoning, it is fair to conclude that the applicant should be required at the time of rezoning to submit a traffic management plan and proposed off -site improvements for review and approval by the County Commissioners. It is not equitable to allow any developer to change the dynamics of an area without requiring their participation in improvements that they and their customers will benefit at the public expense. The Evergreen K-S and Kalispell 9-12 School Districts will be the major beneficiaries of this development. As stated above, commercial ventures pay substantially more taxes than they receive in service. This is best illustrated in the school system. The commercialization of this property will significantly increase the taxable valuation of the school districts while little to no increase in student enrolment is expected. Fire and emergency services could be adequately accommodated by the Evergreen Volunteer Fire Department or in the instance of annexation by the City of Kalispell. The Kalispell Regional Medical Center and associated medical professionals should not be adversely affected by the change of use proposed on this property. In the absence of annexation, water and sewer facilities are limited to on -site septic systems and water systems. The uncertainty of public sewer to this property is the single greatest element of concern of the staff. The use of on -site sewage treatment systems undermines the goals for the protection of water quality in the Valley. If public sewer were to be extended to the site then this project would be of greater value. However, in its absence, the conversion of this land from its current mixed and underdeveloped use to a viable regional commercial center could be considered premature 19 The main negatives of the proposal center on traffic generation on LaSalle and East Reserve Drive and the unknown of how sanitary sewer and public water to the project will be supplied. The City of Kalispell can solve both of these problems by annexing the property, providing water and sewer. The off -site traffic impacts should be resolved through the site review process or possibly through the imposition of a PUD overlay to insure that traffic safety and other public safety issues are resolved prior to the issuance of construction permits. As a whole, the project is a potential net positive for the City of Kalispell and Flathead County. The fragile tax base that for many years has been driven by down turns in the agriculture and timber industries will to some degree be replaced. We would establish ourselves as a potential regional commercial center drawing consumers from great distances to pump money into our economy. While there may be some casualties during the transition, casualties in the business community occur on a daily basis as the needs, wants and desires of the public change. With the rapid growth in our residential population the need for additional commercial properties is necessary. This is substantiated by the number of inquiries this office receives on a daily basis by individuals and real estate professionals looking for locations for new or expansions to existing commercial developments. Conversely, if one looks to the underutilized zones within the City -County area, staff submits that the I-1H is the most under utilized zone in the jurisdiction. It is logical to conclude that we have an excess of I-1H and a shortage of general commercial (B-2) properties in the Kalispell City - County jurisdiction. This project is about the down zoning of roughly 84 acres of industrially planned property and an up zoning for 44 acres, the balance is properly planned and zoned for the intended use. In the staff opinion, provided that the developer can address the identified issues with the project, this is a positive change for both the City of Kalispell and Flathead County. Based upon the above evaluation, the staff would recommend to the Kalispell City - County Planning Board and Zoning Commission adopt the Flathead County Planning and Zoning Office staff report KPA-01-102 as findings of fact and recommend to the Kalispell City Council and the Board of County Commissioners that the proposal to amend the Kalispell City -County Plan Map on the subject property from industrial, residential and agricultural to commercial. Further, staff recommends that the Kalispell City County Planning Board and Zoning Commission prepare a resolution approving map amendment for the president's signature to be presented to the city council for their September 4, 2001 regular meeting and county commissioners as soon as possible. 2 Request for Kalispell City -County Master Plan Amendment The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, August 14, 2001 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the Planning Board, the board will hold public hearings and take public comments on the following agenda item, in addition to the items previously announced in the Daily Interlake. The board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by Wolford development for a Kalispell Master Plan Text Amendment. This request asks for a master plan amendment for land use change from an industrial designation to a commercial designation on the Master Plan to provide for a large scale commercial facility. The property is legally described as the W 1 /2 SEI/4 SE1/4, a portion of SWI/4 NEI/4 and NWI/4 SEI/4, a portion of SW 1/4 SE 1/4 excepting portions deeded to the State, a tract of land in the SW 1 / 4 NE 1 /4 and the S 1 / 2 SE 1 / 4 NE 1 / 4 and NE I / 4 SE 1 / 4 excepting portions deeded to the state, Section 28, Township 29North, Range 21 West. Documents pertaining to these agenda items are on file for public inspection at Flathead County Planning and Zoning, 723 Fifth Avenue East, Room 414, Kalispell, MT, 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to Flathead County Planning and Zoning at the above address prior to the date of the hearing. YV Forrest Sanderson Planning Director PUBLISH: Legal Notices Daily InterLake Sunday, July 29, 2001 BILL: Flathead County Planning and Zoning 723 Fifth Avenue East, Room 414 Kalispell MT 59901 Note: This office is acting as an agency of the City of Kalispell and should be billed at the City's contract rate. H:\FRDO\LEGALS\KA\01 \KPBAUG 14. adl PUBLISH: Legal Notices Daily Interlake Sunday, July 29, 2001 BILL: Flathead County Planning and Zoning Office 723 Fifth Avenue East, Room 414 Kalispell MT 59901 Note: This office is acting as an agency of the City of Kalispell and should be billed at the City's contract rate. H:\FRDO\LEGALS\KA\01 \KPBAUG14.adi --A 3> CID '3`j A m z -Do If 3 z3 oE3 ----------------- t'i CD II it it II II II 14 CO cc ca rm (A ------------ h co 73 r) rj > Cc iv > N Ln q ....... .......... ...... ..... i SERVICE CORRIDOR call ccoo:Dl CSD CMD 9 GED CEO cb:, co:5-.-C 5-CED-C35 (19D CED CIED am CED COD co) COD (AD CMD COD CAD CEO rr--n coz, ado------- --- COD CF-0 COD CEID C) z CEID cc) dc� a--,D 0--o COD CE70 W3 COD COD rF z (11D COD (IDD (EID WON 9009 09909 99990999 COD CED CEID cla) COD COD a::o cY b COD COD CEO ULQ ("I U-10 COD COD CO3 (Z3 CW 014 X cr_-- -------------- t z z > > z Z ol SERVICE CORRIDOR 0 It iV > zi T ' Jp A i gA //. 1 ,- o; -1 x t xOz istr 7. -� Flo -i r n _ o v T C 21 s H t �7 ... _ EAST RESERVE DR.. _'.. i No. 4899 NOTICE-r JBLIC HEARING KALISPELL CITY - COUNTY PLANN,I.NG BOARD AND ZONING COMMISSION Request for Kalispell City -County Master Plan Amendment The regular meeting of the Kalispell City -Coun- ty Planning Board and Zoning Commission is scheduled for Tuesday, August 14, 2001 begin- ning at 700 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Ave-' nue East, Kalispell„ MT. During the regularly scheduled meeting of the Planning Board, the board will hold public hearings and take public commentsonthe follow- ing agenda item, in ad- dition to the items previ- ously announced in the Daily inter Lake. The board will make a rec- ommendation to the Ka- lispell City Council who will take_ final action. 1. A request by Wolford Development for a Kalispell Master Plan Map; Amendment. This request asks for a Master Plan amend- ment for land use change from an industri- ai designation to a com- mercial designation on the Master Plan to pro- vide for a large scale commercial facility. The property is legally, de- scribed as the W1/2 SE1/4 SEi/4;'a portion of SW1/4��NE1/4 and NW1/4 SE1/4, a portion of SW 1/4 SE 1/4 ex- cepting portions deeded to the State, a tract of land in the SW1/4 NE1/4 and the S1/2 SE-1/4 NE1/4 and NE1/4 SE1/4 excepting por- tions deeded to the State, Section 28, Township 29 North, Range _21 West. Documents pertaining " to these agenda items are on file for public in- spection at Flathead County Planning and Zoning Office, 723 Fifth Avenue East,. aRoom~'_� 414} Kalispell ° 'MT, 59961, and are availa- ble'for public review during regular -office hours. Interested persons are encouraged to attend the hearings and make their views and con cerns known to the Board. Comments in Writing may, be submit- ted to Flathead County - ficeat the above ad- dress. prior to the date of the hearing. I s/Forrest Sanderson Forrest Sanderson Planning Director July 29, 2001 STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION DOROT Y GLENCROSS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS LEGAL CLERK OF THE DAILY INTER LAKE, A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 4899 LEGAL ADVERTISEMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES. OF JUL. 29, 2001 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED TEE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED OR THE SAME ER OF INSERTIONS. r Subscribed and sworn to before me this AD.-.TUL. 30� 2001 . Not r>y Pub j�c for the State of Montana RAWng in= Xalispell ' W "C 7 mmission expires 5/30/03 ;�7�1 UIOB _tip OU APPLICANT: Wolford Development FCPZ FILE #: KPMA 01-102 I, the undersigned certify that I did this date mail via certified or registered mail a copy of the attached notice to the following list of landowners adjoing the property lines of the property that has requested a Master Plan Amendment. Date: 20-Jul-01 Assessor's Lot/Trac Property Owner & Mail No. S-T-R t No. Address NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Request for Kalispell City -County Master Plan Amendment The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, August 14, 2001 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the Planning Board, the board will hold public hearings and take public comments on the following agenda item, in addition to the items previously announced in the Daily Interlake. The board will make a recommendation to the Kalispell City Council who will take final action. is legally described as the W 1 /2 Documents pertaining to these agenda items are on file for public inspection at Flathead County Planning and Zoning, 723 Fifth Avenue East, Room 414, Kalispell, MT, 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to Flathead County Planning and Zoning at the above address prior to the date of the hearing. Forrest Sanderson Planning Director PUBLISH: Legal Notices Daily InterLake Sunday, July 29, 2001 BILL: Flathead County Planning and Zoning 723 Fifth Avenue East, Room 414 Kalispell MT 59901 Note: This office is acting as an agency of the City of Kalispell and should be billed at the City's contract rate. H:\FRDO\LEGALS\KA\01\KPBAUG14.adI i �1 1 M, -4 m --A m al -4 m CD CD M w cn r cD CDch CD m CD CD* 90 -n w CR (D CD rt AI -n p C— cn co co 0 CD C.n > cn cn m ( -n c CD 0 C) N. Z, > 0 '0' z c (D > m 0 0. a) (D sn ga ai o M 0 q > -0 a ;u -n?J0 cn > M -0 0 00 ;o lu --4 03 > 0 m m CD 0 m :E �-) - -,, X > o o z > cn --q < > z —zz r- 0 o r- m -11 ;mo co- Cl) > o z Z 0 M 0 �o m o M z > :-4 -n z z -n co --4 r- z -n 0 0 > 00 ;a "0 m m 0 z m M z > r- m 0, Q co z C:) C) 0 0 O o o O o N � CS) �! 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O O r- O n x r D o a CD G� —I m m to c m a < CD 0 z r"I to .0 _Q N 44. 0 (fit D N Q00 � -•j O o CCA O Q z D Z < m cn M 0 _{ Zo W co N (0 to Ut m ' a) co C71 ' Cn m 00 O CO cOo co O v m mco O M m 00 O cn r W O cr) v N N W O m cn v a CD (D m =m n. m a CO O CD N -A O ° (D CD < (D O c P � r C CD ° 90 Cr ay N Cl) LU r- OO a) r W (n K O � v r 3° sy CD 0 � (JJ Cl) 4 N ;T O --1 N om �CD CD CD 90 �C cn cm oo (D x ON v 1 00) O < U1 CD O III CD �C- � v m a CD G? -1 C7 cn = co CD CD O N �O m l< (n 1 O <V rn O 2. �G rnCD co (D n � A v r O W 3Cl) c 3 N �O W < O CD O P CD rn CD r 3 (- -i m 90 15 ° Q o O W r J N v Consulting Engineers July 9, 2001 Forrest Sanderson Flathead County Planning & Zoning Office 723 5h Avenue East Kalispell Montana 59901 RE: Request for Master Plan Amendment Wolford Development Project Section 28, T.29N., R.21W. M�= 343 First Avenue West Kalispell, NIT 59901 Telephone (406) 755-9707 FAX (406) 755-2613 Enclosed you will find our check #100128 in the amount of $1,720.00, said check represents the applicable fees for the above mentioned project. The fees are based on $1,000.00 for the application and the $720.00 is based on 144 at $5.00 an acre. As you are aware this application posses several obstacles to be overcome. We are working on all phases and will keep you updated as we proceed. The Wolford group has a projected ground breaking time in the spring of 2002, with a proposed opening date sometime in 2003. You will find enclosed the initial plans for the proposed shopping center consisting of approximately 683,000 square feet under roof with applicable parking and green areas. The total acreage involved in this request for master plan amendment is 144 acres. Questions pertaining the project should be directed to James L. (Bucky) Wolford @ Wolford Development Inc., Four Squares Business Center, 1200 Mountain Creek Road, Suite 102, Chattanooga, Tennessee 37405. Phone (423) 874-0811, ex. 103, internet bwolford@wolforddevelopment.com. W Yean A. Project c: James L. Wolford Ken Kelvig file frontqationms"rWviWfbrd=Wkp&w AmendmentI[TTI-aster Plan Request Wolford Development requests that the map to the Kalispell —Flathead County Master Plan be amended to show that the area designated on the map accompanying this application is designated for commercial development. SUMMARY OF THE PROJECT Wolford Development seeks to develop a 750,000 square foot, frilly enclosed shopping mall, which will likely house four major department stores as anchor tenants, approximately 90 to 100 retail stores, food court with indoor and outdoor seating, and movie theater. Many of the tenants will be national retailers who presently are not located in the Flathead Valley. Wolford Development anticipates that the mall will draw shoppers from a region that extends south halfway to Missoula and north into Canada. The proposed site is located near the northeast corner of U.S. Highway 2 and East Reserve Drive on approximately 150 acres of land. The land presently has Master Plan designations of commercial, light industrial, and agriculture/silviculture. County zoning on the property is B-2 General Business, I-1H Light Industrial, and SAG-10 Suburban Agricultural. Wolford Development is willing to either be annexed into the city of Kalispell or waive protest to future annexation. Wolford Development's shopping mall will secure Kalispell's and Flathead County's status as the retail, commercial center of Northwest Montana. The Flathead Valley will have a shopping mall that is able to offer goods and services to an extent presently not provided in Northwest Montana, which will help the retail sector catch up and keep up with the demand that has and will continue to accompany the population growth in Flathead County. The shopping mall will increase the number of retail dollars spent in the local economy, many of which are presently leaving Flathead County or are simply not being attracted here. The shopping mall will be located to the north of Kalispell, the direction in which much of the commercial, health care, and residential growth has gravitated in recent years. This location adds to the variety of goods, services, and entertainment that will be readily available to most of the county's population, which is situated in and around Kalispell, Evergreen, Whitefish, and Columbia Falls. It is anticipated that being centrally located to the population core in these cities, as well as being located in the direction where much of the growth has been happening, the shopping mall will help attract other commercial business to Flathead County. Being near the recently expanded Glacier International Airport, and along the major highway to and from Glacier Park, makes this an ideal setting to capture the attention of the millions of tourists who annually visit Flathead County. To secure Kalispell's and Flathead County's status as the retail center of Northwest Montana. 2. To keep existing retailers in Flathead County and attract new retailers to the county by providing a first-class shopping center. 3. To develop a retail shopping center that will reduce the number of retail dollars that Flathead County is presently losing to markets such as Missoula and Spokane. 4. To develop a first-class, attractive shopping center that captures the attention of Flathead County's millions of recreational and business visitors who travel through and along Glacier International Airport and Highway 2. zn To locate the shopping center where there is substantial room for sensible future expansion and peripheral growth. am Flathead County experienced a phenomenal 38.2% growth in population from 1990 to 2000. The Flathead Valley continues to grow in terms of population, commercial activity, and interest by retailers presently not located here. This growth is projected to continue. As the area continues to grow, the proposed development is beneficial to area residents, makes for good use of the subject property, and is consistent with the foreseeable growth and land use patterns in Flathead County. While much of the subject property is currently designated as agricultural and light industrial, to date, little industrial development has occurred on, or around, the property, and agricultural land throughout the Flathead Valley has steadily been converted to other uses as agricultural activity has become financially difficult and less sustainable over the past several years. Considering the amount of commercial development that has occurred along Highway 2, and that continues to occur toward and around Glacier International Airport, changing the land use designation for the subject property to commercial is consistent with the development and land use trends in this part of the planning jurisdiction. • ! • 1. Basis of Deed The Master Plan amendment is needed to redesignate to Commercial those areas within the subject property that are currently designated as Light Industrial and Ag./Silviculture. While the technical change to the Master Plan of redesignating land uses is needed, the change is needed to further the goals and objectives of the Master Plan. Kalispell has been identified as the retail center of the county for many years. Developers and retailers have continued to express interest in Kalispell. With the rapid development by national and regional retailers along Highway 2 in Evergreen, and the interest of other national retailers near the corner of Highway 93 North and West Reserve Drive, the retail center for the county continues to be in or near Kalispell. The Master Plan's section on Land Use provides that "Kalispell should continue to maintain its role as the commercial/service center for Flathead County and areas beyond." To further this goal, the Master Plan needs to be amended by redesignating as "commercial" the property near the corner of Highway 2 and East Reserve Drive to allow the largest retail development in the county to remain in or near Kalispell, rather than be located elsewhere in the county and outside the planning jurisdiction. Due to the size of the development, there is not land that is available within Kalispell's current city limits, or elsewhere in the planning jurisdiction, that is large enough to accommodate the development and satisfy the retailers who will occupy it. If the shopping mall is to be kept within the planning jurisdiction, the proposed location is the best site for it. The Master Plan notes that a large percentage of potential retail sales are leaving Flathead County-3 in 1981. The county is still losing a very large percentage of retail sales dollars. The addition of a large shopping mall, which increases consumer choices by attracting new retailers to Flathead County, will substantially reduce the amount of retail dollars leaving the county and will attract more retail dollars from nearby areas that are not presently being captured. Due to changing trends in the local economy, it is important, now more than ever, for the county and city to takes steps necessary to stop retail sales dollars from leaving the county and to attract other retail dollars to the county. 2. Growth Management The growth management goal states that all needs of the community are to be provided for, and that the growth management program must be adaptable to changing trends. Changing the Master Plan designation for the subject property to commercial furthers this goal because the modification is consistent with changing trends, and use of the property for a shopping mall will provide for and satisfy community needs. 3 Having the shopping mall in or near Kalispell satisfies many needs of the community, including the following: (1) it will ensure that Kalispell remains the retail center of the county for decades to come; (2) it will bring desired retailers and trade to the local area, keeping more retail dollars in the county and attracting new retail dollars from other counties; (3) it will increase competition which will make for more competitive pricing; (4) it will benefit the local economy by bringing new employment opportunities to residents of the Flathead Valley; (5) the economic benefits do not come at the expense of harmful pollutants to the air, soil, and water; (6) despite the size of the development, it will not create the need for new roads, water, or sewer systems, such that a large burden is placed on the public; (7) it will generate higher tax revenues than the current uses of the property; (8) it places this kind of development in a location that allows for orderly future growth and commercial expansion —unlike the existing Kalispell Center Mall; and (9) placing this kind of development in a location that is largely undeveloped allows planners to anticipate and manage future growth around the development. Changing the land use designation on the subject property also is consistent with recent trends. The timber and agricultural parts of the local economy have become less viable, thereby increasing the importance of retail and tourism. Another trend is for national retailers is to build larger stores. The size of the subject property, permits development to the scale the large retailers desire. The presence of large anchor tenants located in the same development serves as a magnet to other retailers that otherwise would not move into this new market. Wolford Development intends to request annexation or to waive protest to future annexation, which furthers the objective that fringe development be dealt with aggressively to preserve and add to the City of Kalispell's tax base and to allow the city to plan for orderly growth. While several large commercial developments have located in Evergreen, outside the control and taxing ability of the City of Kalispell, Wolford Development desires to be a part of the City of Kalispell, pay fair share of taxes, and be subject to the control of Kalispell's rules and regulations, thereby reversing the trend of development in or near Evergreen that has occurred with no involvement or control by the City of Kalispell. 3. Environment The shopping mall development will not have an adverse affect on air and water quality. This kind of development produces little or no air pollutants. Wolford Development desires to be connected to municipal wastewater treatment systems, rather than utilizing a septic system. Wolford Development's track record has been to work with local planning officials to find mutually agreeable ways to make its developments attractive and first-class. Storm and water run-off will be addressed in engineering plans to mitigate water pollution and reduce damage caused thereby. 4 The Master Plan goal is for the area to have a healthy, diversified economy promoted by careful planning of type, location and design of industrial sites, shopping areas and tourist facilities. Two of the Master Plan's objectives associated with this goal are (1) to maintain Kalispell's position as a retail shopping mall for Northwest Montana, and (2) to promote tourism. The Master Plan identifies that the economy of the planning jurisdiction is based on timber, agriculture; tourism, and retailing; however, retailing and tourism are becoming increasingly important to the local economy due to recent decline in the timber and agricultural industries. The Master Plan's objectives regarding retail and tourism are furthered by this development in different ways. Locating this development at the proposed site will benefit and promote the local retail and tourism economies. Placing this development at the proposed site ensures Kalispell will remain the retail center of not only Flathead County, but also for Northwest Montana. Concentrating the valley's retail trade in and near Kalispell will benefit retailers already located in the commercial center by creating more traffic flow around these businesses. It will also make the existing commercial center more attractive to prospective retailers, service businesses, restaurants, and lodging facilities because the commercial center will be a larger magnet by which to draw in consumers. By expanding the edge of the commercial center northward, it also makes it more convenient to access from Whitefish and Columbia Falls, thereby creating additional draw from those parts of the county. This concentration of retail benefits consumers because more is available to them in a smaller area and they will have more choices as new businesses are attracted to the commercial core. Tourism will benefit by placing the shopping mall at the proposed location. The proposed site will better enable retailers to capitalize on the approximately two million annual tourists visiting Flathead County and Glacier National Park, many of whom fly in to Glacier International Airport or travel on Highway 2 to and from Glacier National Park. This high visibility will increase awareness of the shopping opportunities for visitors to Flathead County. While there may have been a time when most visitors came to Flathead County to enjoy the recreational opportunities provided by the area's mountains and waterways, more and more visitors are coming to enjoy the area's other attributes, such as its 8 championship golf courses, cultural activities, or its favorable spring, summer, and fall climates. Providing a first-class shopping mall that offers more space, retail shops and social amenities will make the Flathead Valley even more attractive to this new mix of visitors, without interfering with tourist activities at Glacier National Park or the area's other wilderness and scenic areas. Wolford Development has carefully considered various sites in the planning jurisdiction for its development, including south of Kalispell near the city airport, the existing Kalispell Center Mall property, the county fairgrounds site, the 60 acre Mountain View Plaza site on Highway 93, and the state lands on the other side of Highway 93. While these may be good locations for commercial development, they will not work for this shopping mall, because either the land parcels are not large enough, the retailers desire to be centrally located to Kalispell, Whitefish, and Columbia Falls, the land could only be leased rather than purchased, or there is not sufficient room for sensible future development around the shopping mall. k, Finally, this development and the shopping mall will benefit local employment. The shopping mall will provide an estimated 1,400 new jobs in the retail sector, and the development of the property will create additional work for area contractors. In normal times, this development's beneficial impact on the local economy would be favorable; however, the beneficial impact will be even greater considering that the construction and retail employment it will create will help offset some of the reduction in the local manufacturing, industrial, and timber industry workforce that has occurred over the past several months. 5. Land Use The Master Plan's land use goal is for orderly development of the planning jurisdiction with ample space for future growth, and ensuring compatibility of neighboring land uses. Locating the shopping mall on the subject property furthers orderly development in the planning jurisdiction and areas just beyond the north perimeter of the planning jurisdiction, and makes the use of the subject property compatible with neighboring land uses. Due to the size and nature of the shopping mall development, the proposed site offers the most advantages in terms of good land use. While it makes sense to locate certain kinds of new commercial development in places that would fill in existing commercial areas within the planning jurisdiction, that planning concept simply will not work for the size of commercial development many national retailers desire or demand. No development can address all goals and objectives in the Master Plan, but placing the shopping mall at the proposed location makes for good use of the subject property, makes good sense for this type of development, and provides planners with the opportunity to effectively plan for future growth. It is desirable to locate the shopping mall where there is space available for future development or that can accommodate the future needs of the retailers and other commercial occupants. Because large retailers, such as anchor tenants, periodically increase the size of their stores, a large commercial development should be placed where there is room for future growth. A disadvantage of the Kalispell Center Mall location is that there is very limited room for growth, which is not sufficient to best accommodate fixture needs of existing anchors, or to allow for the kind of peripheral development typically found near a large shopping mall, such as restaurants, entertainment or service -oriented business, and other retailers. The proposed tract is large enough to provide anchor retailers with adequate space for the foreseeable future and to accommodate the number of retailers that will want to locate in or near the same development with the large anchors; in addition there are large quantities of land to the east and north of the subject property that could allow for future peripheral development. Commercial development is a good use for the subject property. Both sides of Highway 2 through Evergreen are developed commercially right up to the proposed site, and much of Highway 2 between East Reserve Drive and Glacier International Airport is developed commercially. Most of the retail and other commercial development has occurred toward the north end of the planning jurisdiction, and placing this shopping mall at the proposed site is consistent with this trend. Furthermore, it is advantageous to have the shopping mall in close proximity to existing large commercial retailers, such as those that currently exist in Evergreen (Wal Mart, K-Mart, Shopko, Office Max, Staples, Super One Foods, Rex, and Vanns), and to have those retailers and the shopping mall connected by Highway 2's four lanes. The shopping mall will also be located in close proximity to the Mountain View Plaza/Home Depot development, with the two sites connected by Reserve Drive. The location of commercial activity also factors in to where it is desirable to place different kinds of residential neighborhoods. Since there is a large amount of open, or sparsely developed, space around the proposed development site, the development does not adversely impact a great number of residential properties, and planners have an opportunity to anticipate what kind of residential growth would be appropriate in this part of the county. The Master Plan's transportation goal is for a comprehensive circulating system which serves the combined needs of the community, planning jurisdiction and region, and provides safe, convenient and economical access to all the facilities throughout the area. This goal is furthered because residents can conveniently access the shopping mall using safe, four -lane roads that are already in existence, the presence of the shopping mall will not create an instant need for new or expanded infrastructure, and any changes to existing roadways prompted by the presence of the shopping mall are changes that are consistent with future infrastructure plans. Any development the size of the proposed shopping mall will impact the existing transportation system. Placing the shopping mall at the proposed location best mitigates this impact because a substantial number of county residents can access the shopping mall via existing highways that are mostly four -lane roadways. People from Whitefish and Columbia Falls will have safe, convenient access to the shopping mall, via Highways 40, 2, and 93, and people from Bigfork, via Highways 35 and 2. Residents living west of Kalispell will have safe, convenient access to the shopping mall via Highways 2 and 93. Reserve Drive between Highway 93 and Highway 2 will see some increase in traffic as a result of this development. However, if this increase in traffic requires that changes to this stretch of road be considered, such changes would be consistent with those already contemplated —such as changing the road to four lanes and making it part of a bypass around Kalispell. The growth around Buffalo Hill Golf Course, along Whitefish Stage Road, Village Greens Golf Course, as well as the existence of Semitool on Reserve Drive has caused planners to consider upgrading the status of this stretch of roadway from a minor to a major arterial, and expansion to four lanes would be consistent with such a designation. Furthermore, an alternate - route bypass for Highway 93 around the west side of Kalispell has been discussed, which would reconnect with Highway 93 at Reserve Drive. In conjunction with this bypass, it has been considered that the segment of Reserve Drive between Highway 93 and Highway 2 could serve as an alternate route for Highway 2. Therefore, although the presence of the shopping mall at its proposed location may increase traffic demand on Reserve Drive, if improvements thereto become necessary, those changes will be consistent with those already considered for the future. 7. Availability of Public Services and Facilities The Master Plan goal calls for an economical, balanced distribution of public facilities and services throughout the planning jurisdiction for present and anticipated future residents. Water service to the site can be made available by the Evergreen Water District. Sewage treatment can be handled by either an on -site, engineered treatment system, an extension of the Evergreen collection system line that ends at the intersection of East Reserve and Highway 2, or by extending a line to the subject property that would bypass the Evergreen collection system. Law enforcement protection in the area is presently provided by the Flathead County Sheriffs Department and the Montana Highway Patrol. The Kalispell Police Department may be able to work with the sheriff s department to extend the police department's current patrol route to include the shopping mall. The Evergreen Fire Department's station is approximately two miles from the subject property and would be best situated to provide fire protection services, with back-up assistance likely available from the Kalispell Fire Department. 8. Recreational and Cultural Facilities, and Historic Preservation Because the shopping mall development will be located on the north edge of the planning jurisdiction and not near any significant amount of developed residential property, it may be premature to anticipate how this development can further the goals and objectives of the Master Plan in regards to recreational and cultural facilities. However, Wolford Development is willing to consider features within its development that can further these goals and objectives. Locating this kind and size of development away from Kalispell's historic and cultural district, which is in the heart of Kalispell, may indirectly benefit the historic and cultural facilities because the development does not threaten their preservation by creating new demands on property uses and the use of existing facilities. Kalispell's historic and cultural areas —the courthouse circle area; historic districts, including the Conrad Mansion; Central School Museum; Depot Park Square; Hockaday Center for the tarts; and Kalispell Repertory Theater —which are in or near downtown Kalispell, will not be encroached upon nor constricted by development demands associated with the shopping mall development. 9. Educational Services and Facilities The shopping mall development will create little or no immediate burden on educational services and facilities. 10. Coordination Between City c& County on Matters linear City Boundaries Coordination between the city and county will need to occur on issues such as law enforcement and protection, fire protection, and handling of wastewater. Wolford Development anticipates working directly with the Evergreen Water District on the issue of water service to the property. If wastewater from the subject property is to be collected through the Evergreen collection system for treatment by Kalispell's wastewater treatment plant, the city of Kalispell and the Evergreen Sewer District will need to cooperatively agree on extension of the Evergreen service area boundary under the interlocal agreement. Presently the Kalispell Police Department and the Flathead County Sheriff's Department have some coordination of law enforcement efforts. Regardless of whether the property is annexed, it will likely be necessary for those two departments to coordinate how each will provide services at and around the subject property, considering the location of the property and the fact that traffic to and from will travel through portions of the county or areas that are presently patrolled by city police. Considering current staffing levels, and that the KPD presently patrols areas in close proximity to the subject property, it is not anticipated that the shopping mall will create demands on the police department that cannot adequately be handled. Primary fire protection coverage would be provided by either the Kalispell Fire Department or Evergreen Fire Department, depending upon whether the property is annexed into the city. Both departments currently provide back-up coverage to each other. August 14, 2001 To: Kalispell City — County Planning Board Re: Glacier Mall Project As president of the Granite View Homeowners Association I regret that I, along with many other homeowners of our subdivision, cannot be in attendance of this meeting. We understand that development of this property is inevitable, however, I would like to offer this letter to the board expressing our concerns over the proposed Glacier Mall. Our concerns are as follows: 1. We believe that there are other properties available that would be less offensive to current residential development (i.e.) existing fairground property or next to Home Depot. 2. If allowed the development of a sewage treatment plant adjacent to our subdivision would be unappealing and very damaging to our property value. 3. There would certainly be a greatly increased traffic flow on East Reserve along with Helena Flats Road. Many children would be at great risk in coming and going to area schools. 4. That small business will close in downtown Kalispell, Whitefish and Columbia Falls is certain. Overflow from the mall would hardly patronize downtown businesses. 5. Do Flathead City and County governments have sufficient emergency and security services to provide service to such a proposal? It seems that emergency services are limited at this time. 6. The intersection of Highway 2 and Reserve is currently the site of many major accidents. How has this development proposed to address this problem? 7. The City of Kalispell has proposed a multi -million dollar renovation to streets in the downtown area. All the efforts the city is making to enhance the appearance of downtown will be in vain due to this development. If allowed, this development would make "Ghost Towns" in the Flathead Valley. This has been demonstrated time and time again in many cities and towns in America. These are just a few of the items of concern that I have heard from our homeowners. In closing, none of us would like to see a "Giant" mall in our neighborhood. We did not purchase our homes on the sparsely populated outskirts of commercial development to see a development of this kind intrude on our lives. Together we feel strongly that the board and County Commissioners take a hard look at this proposal and consider if it is best for local businesses and current residential development. Sincerely, Steve Larson President -Granite Homeowners Association GRANITE VIEW HOMEOWNERS T Hathead County Board of Commissioners 4r. r Howard W. Gipe Robert W. Wattle Dale W. Williams August 6, 2001 Wolford Development Montana, LLC 1200 Mountain Creek Road, Suite 102 Chattanooga, Tennessee 37405 RE: Wolford Zone Change Request/Evergreen & Vicinity Zoning District Dear Mr. Wolford: This letter is to notify you of the Board of Commissioners public hearing for the above -stated zone change. That date is August 23, 2001 at 11:30 a.m. The hearing will be held in the Commissioners Meeting Room, 800 South Main, Kalispell, Montana. Should you have questions regarding the scheduling of this public hearing, please contact this office or Forrest Sanderson at the Flathead County Planning & Zoning Office, 758-5965. Sincerely, FLATHEAD COUNTY COMMI IONERS' OFFICE C Elaine C. Nelson Office Assistant III c: Forrest Sanderson, Planning & Zoning Office Jean Johnson Paul J. 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