05/28/02 Amended Staff ReportAMENDED
REQUEST GLACIER MALL MIXED USE DEVELOPMENT MASTER PLAN AMENDMENT
REPORTTRI-CITY PLANNING OFFICE STAFF
MAY 28, 2002
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
a request to amend the Kalispell City -County Master Plan from Agricultural, Light
Industrial and Suburban Residential to Commercial, High Density Residential, and
Public. A public hearing was been scheduled before the Kalispell City Planning Board
for May 14, 2002 beginning at 7:00 PM in the Kalispell City Council Chambers and
sequent consideration was given at a May 28, 2002 special meeting. The planning
board will forward a recommendation to the Kalispell City Council for final action.
AC GROU D INF®12MATI N: On July 9, 2001 Wolford Development Montana,
LLC submitted applications for a master plan amendment to the newly created
Flathead County Planning and Zoning Office to amend the Kalispell City -County
Master plan from Light Industrial, Agricultural and Residential to Commercial on
approximately 145 acres. An application was also submitted on July 11, 2002 for B-
2, General Commercial, zoning on the property. The Kalispell City -County Planning
Board held a public hearing on the master plan amendment on August 14, 2001 and
forwarded a recommendation to both the Kalispell City Council and Board of County
Commissioners to approve the amendment. The planning board called a special
meeting on August 21, 2001 to hold a public hearing on the zone change to B-2. The
planning board recommended approval of the zone change from I-1H, Light Industrial
Highway; SAG-10, Suburban Agricultural, and R-2, Suburban Residential to B-2,
General Commercial, to the county commissioners.
Prior to this the 1999 Montana Legislative Session passed Senate Bill 97 (SB 97)
which revised the basic enabling legislation for master plans / growth polices and
created some uncertainty regarding amendments to existing master plans and
adoption of "new" zoning after October 1, 2001. These uncertainties resulted in a
decision by the county commissioners and the city -county planning board to expedite
the Wolford application so that actions taken by the planning board and county
commissioners would occur before October 1, 2001. On August 23, 2001 the Board
of County Commissioners held a public hearing on the proposed B-2 zone change and
passed a resolution of intent.
A public hearing was scheduled before the Kalispell City Council on the proposed plan
amendment for September 17, 2001, but was cancelled on the advice of the City's
legal counsel because of issues relating to the legality of amendments to the master
plan and creation of "new" zoning. On September 18, 2001 the county commissioners
held a public hearing on the master plan amendment. On September 28, 2001 they
approved the master plan amendment to a Commercial designation on approximately
145 acres. On that same date, the commissioners also approved a zone change to B-
2, General Commercial, with an implied understanding that the developers would
later submit a proposal for a planned unit development for a large indoor mall, i.e.
Glacier Mall.
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The City of Kalispell subsequently filed a petition in district court seeking a
declaratory judgment to determine the effect of the unilateral actions and approvals
by the Board of County Commissioners approximately one month after their action
was taken. In essence the City challenged the County's legal authority to unilaterally
amend the Kalispell City -County Master Plan within the joint planning jurisdiction
and the validity of the zoning approval. That suit has essentially languished over the
last several months.
On December 17, 2001, the Board of County Commissioners unilaterally withdrew the
County's participation in the joint Kalispell City -County Planning Board. It was the
County's intent to exclude the extra -territorial planning jurisdiction from the City's
planning review authority and to include it within the Flathead County Planning
Board's planning review authority. Subsequent to this action, the City of Kalispell
has attempted to negotiate revised extra -territorial planning jurisdiction boundaries,
but pending legal disputes have stymied progress. As a result of the County's
withdrawal from joint planning in the Kalispell area, the City has limited its planning
authority to inside the city limits. In response to the situation the Kalispell City
Council has established an interim City planning board. The board was established
as "interim" because there were some expectations that a new joint jurisdictional
boundary could be negotiated between the City of Kalispell and Flathead County.
On November 11, 2001 the Kalispell City Council directed the City Attorney's Office to
seek an opinion from the State Attorney General's Office regarding the interpretation
of Senate Bill 97, which amended the statutes relating to the master plan later
referred to as the "growth policy;" to determine the affect it would have on existing
master plans. In researching that matter, the City Attorney's Office found that there
are various opinions in the legal community regarding the interpretation of Senate Bill
97. After rather exhaustive research, that request was submitted to the Attorney
General's Office on April 1, 2002.
In the process of researching the bill and its history, the City Attorney's Office
thoroughly researched the state and local legislative history of land use planning laws
as well as the history of SB 97. Based upon that information, it is the opinion of the
City Attorney's office that the legislature, by enacting SB 97, never intended for those
local governments with existing master plans to be constrained from taking any action
or making any changes to the existing plan(s) before creating a new "growth policy."
In the process of research and communication with other knowledgeable parties in
local government around the state, the Kalispell City Attorney has concluded that
changes to the law would still allow local governments to continue to plan with and
use existing master plans; and that it is not only what was intended by the
legislature, but is also essential to ongoing land use development. Based on that
information, it is the recommendation of the Kalispell City Attorney that the City of
Kalispell, which has waited six months, should move forward utilizing the current
master plan as the legal existing document much in the same manner as the City of
Missoula. Which means that unless and until a growth policy plan is adopted to
replace it, the assumption would be that the existing master plan is a valid document
to which we will look.
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The Kalispell City Attorney's Office has further clarified the process and has provided
advice to the City of Kalispell and Tri-City Planning staff regarding plan amendments.
If a landowner with property outside the city limits is seeking a plan amendment and
annexation, the developer would come to the City with an application for plan
amendment and, because the property is currently out of the City, for annexation.
The plan amendment, annexation and initial zoning requests would all be reviewed
and heard by the Kalispell City Planning Board. Recommendations for approval of the
annexation and zoning would be contingent upon the approval of the plan
amendment request. Because the property will be brought into the City, the City
assumes review authority within the City jurisdiction and County review and approval
would not be required. This process will obviously be somewhat simpler for those
developers who are not seeking a plan amendment and thus a simple request for
annexation to the city and initial zoning would be handled in a rote manner and
reference would be given to the existing master plan land use designation.
Both the City and the developer agreed that waiting for the opinion from the Attorney
General's Office is contrary to the interests of both parties and that the current course
of action should be pursued.
A. Petitioner and Buyer: Wolford Development Montana, LLC_
Four Squares Business Center
1200 Mountain Creek Rd., Ste 102
Chattanooga, TN 37405
(423) 423-0811
Owners List of Owners Attached
Technical Assistance: John Parsons, AICP
Land Use Consultant
725 Ninth Ave West
Kalispell, MT 59901
Architecture+
Washington Plaza, Ste 400
300 Washington St.
Monroe, LA 71201
Ken Kalvig
Kaufman, Vidal &. Hileman, PC
P.O. Box 728
Kalispell, MT 59901
B. Nature of the Request: This is a request by Wolford Development Montana, LLC,
for an amendment to the Kalispell City -County Master Plan on approximately 232
acres on property located near the northeast corner of LaSalle Road and East
Reserve Drive. Concurrent with the master plan amendment request, the
applicants have filed a petition to annex.
N
The proposal would amend the master plan for the area from Light Industrial,
Agricultural and Residential on approximately 170 acres to a Commercial
designation, from Agricultural on approximately 56 acres to High Density
Residential and from Agricultural on approximately six acres to Public. The actual
project site area contains 247 acres with 15 acres near the northeast corner of
LaSalle Road and East Reserve Drive already having a master plan designation for
Commercial and a B-2, General Business, zoning designation. The total area
proposed for commercial development would be 184.47 acres and approximately
56.26 acres in mixed use residential. The remaining 5.93 acres is designated as
public along the Trumbull Creek channel.
It is notable that the Board of County Commissioners approved a master plan
amendment to Commercial on approximately 145 acres and a zoning designation
of B-2 / PUD, General Business with a Planned Unit Development overlay. The
County's approval of the master plan amendment and subsequent zoning has not
been either formally or informally recognized by the City of Kalispell. In fact, there
is a pending complaint in district court questioning the legality of the County's
unilateral actions and approvals. Hence in reference to this application proposal,
this report will evaluate the proposal on the basis that the City of Kalispell has not
acted upon or recognized the actions of the county commissioners and that the
land use designations for the area as they appear on the existing Kalispell City -
County Master Plan map.
The Glacier Mall Mixed Use Development proposed by Wolford Development
Montana, LLC is seeking approval for a "commercial / residential mixed use"
development that would include a fully enclosed regional mall on approximately 70
acres, an adjacent commercial center on approximately 32 acres, a series of free
standing commercial parcels totaling approximately 66 acres and a mixed use area
of approximately 56 acres for lower intensity commercial uses such as offices as
well as high density residential uses. Approximately 6 acres has been designated
as a park and there is approximately 5 acres designated as open space between
this development and the Granite View Subdivision near the southeast portion of
the project site.
A north / south roadway, Glacier Way between Rose Crossing and West Reserve
Drive, is intended to be developed as a collector for the area and dedicated to the
City of Kalispell. Four accesses from the site onto LaSalle Road are indicated on
the plan map, two with traffic lights. A new traffic light is shown at the
intersection of LaSalle and Rose Crossing. Two accesses onto East Reserve Drive
are shown, one that provides a main entrance to the mall site and one accesses
the new public street, Glacier Way. A new connection onto Rose Crossing with
Glacier Way is also shown. All of the newly created accesses and lights would
need to be reviewed and approved by the appropriate review authority, i.e. either
the Montana Department of Transportation or the Flathead County Road
Department and in the case of the railroad crossing, Burlington Northern / Santa
Fe. A traffic study is currently underway and would be used by the various
permitting agencies to determine feasibility, mitigation and improvements for any
or all of the proposed access points. Should the plan amendment be approved and
the project proceeds.
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Extension of City sewer to the project site is a critical component to the feasibility
of the project which would involve the extension of City sewer from its closest
point along Whitefish Stage Road to the site. Two alternative routes for the sewer
extension are being assessed by the developer, but no clear route for the sewer
extension has been determined. Sewer could either be extended from Whitefish
Stage Road and east on West Reserve Drive to the site or it could be extended from
Whitefish Stage Road to Rose Crossing and east to the site. Evergreen Water
District could provide water services to the site which would essentially involve a
petition to annex into the district and acceptance by the Evergreen Water District
board.
The overall concept of the development would be to capture a regional retail
market that would include all of northwest Montana and beyond. Located at a
major intersection within the Kalispell area that is in close proximity to Glacier
International Airport as well as the commercial center of the Valley, the developers
have chosen this site not only because of it location, but because of the amount of
undeveloped property that would allow for future expansion. The layout and size
of the site would promote the development of large retail stores with relatively
smaller parcels also available for commercial development along the perimeter of
the mall and new retail center. Architectural and landscape components would be
integrated through a future Planned Unit Development on the portion of the site
designated for the indoor mall, regional center and to the west of the mall site
where several commercial out parcels are located.
C. Location and Legal Description of Property: The 232 acres proposed for the
plan amendment is located near the north east corner of LaSalle Road and East
Reserve Drive. The properties proposed for the plan amendment can be described
as Assessor's Tracts 7, 7E, 7EB, 7ED, 7G, 7J, 7F, 3A, 3B and 313A located in
Section 28, Township 29 North, Range 21 West, P.M.M., Flathead County,
Montana.
D. Existing Land Use and Zoning: There are several single family dwellings and
associated outbuildings on the property which has been used for agricultural
purposes. Approximately 17 acres is zoned County R-2, Suburban Residential,
approximately 54 acres is zoned I-lH, Light Industrial Highway and
approximately 161 acres is currently zoned SAG-10, Suburban Agricultural, an
agricultural district with a ten acre minimum lot size requirement intended for
small farm and estate type development.
E. Adjacent Land Uses and Zoning: The area is characterized by a mix of uses in
the immediate area with commercial development generally located along LaSalle
Road and residential developments further to the east and west.
North: A mix of commercial, light industrial and residential, unzoned
South: Commercial and residential, County B-2, R-2 and R-1 zoning
East: Agricultural and residential, County SAG-10 and R-2 zoning
West: Commercial, light industrial, agricultural, County B-2, I-1
AG-80 zoning
There are no specific evaluation criteria in the Kalispell City County Master Plan or in
the Montana planning statutes for review of plan amendments, revisions appear to be
anticipated. As was previously noted a comprehensive update of the master plan /
growth policy has been underway for several years, but the process has languished
because of political and jurisdictional issues between the Board of County
Commissioners and City of Kalispell. A draft plan has been prepared that has not
been formally adopted by either governing body. Elements of that draft plan may be
relevant in a certain context, but will not necessarily be considered in evaluating this
proposal since it is not a legal document. Comprehensive land use plans are a
common tool in most communities to provide a general and comprehensive outline of
community goals and expectations about where and how a community should grow
and develop.
In order to provide a framework for analysis and evaluation of the proposal, an outline
of general public -interest criteria has been developed. The criteria for evaluation will
be established as follows:
® Changes in circumstances that warrant the amendment;
® Compliance with the overall goals and policies of the master plan and its
various elements:
✓ growth management,
✓ land use,
✓ economy,
✓ environmental considerations,
✓ parks and recreation,
✓ transportation,
✓ infrastructure, utilities and public services;
✓ annexation and the extension of services.
The proposed plan amendment will be considered in the context of the current
Kalispell City -County Master Plan document, the overall plan update process and
most appropriately considered as an addendum to the master plan and / or future
growth policy. As noted in the application, the proposal will be referred to as the
Glacier Mall Mixed Use Development Plan and will detail the goals, objectives and
policies for development on the 247 acres site.
Has there been a change of circumstances under which proposed master
plan amendment is being made that warrants its consideration
The master plan of record was adopted in 1986. Since that time there have been
substantial changes in the population, economy and development within the urban
area of the community which fostered the need for undertaking the current update
process that continues to languish. Although many elements and issues of the
current master plan are still valid, many changes have taken place in the community
N.
which would warrant consideration of an amendment. For instance according to the
US Census Bureau the unadjusted 2000 information show that the Kalispell area
grew by approximately 16 percent between 1990 and 2000 from an area population of
approximately 25,000 to approximately 29,000. Additionally, the city of Kalispell has
grown approximately 19 percent over the last decade from approximately 12,000 in
1990 to approximately 14,200 in 2000. Along with this population growth has been a
shift from a resource based economy, i.e. timber, mining and manufacturing to an
economy that relies more on the deliver of good and services with an emphasis on
retirement and tourism income.
In addition to the increase in population there has been significant commercial
expansion as a result of the robust national and local economy and tourism with an
emphasis on and operating such a facility. Because of the population increase, the
expanding and healthy local economy, this area has captured the attention of several
developers who have been interested in developing a regional shopping center, a
"power center" or other similar large scale retail development project that would
capture not only the local and regional population, but the seasonal tourist
population which is estimated to be approximately 1.6 million annually.
Another important circumstance within the Kalispell area that has brought about
significant change and growth is the provision of public water and sewer to the area
east of Kalispell, Evergreen. In 1991, through an interlocal agreement with the City of
Kalispell, the Evergreen Sewer District was allocated approximately 682,000 gallons
per day of effluent to be treated at the Kalispell sewer treatment plan out of the 3.2
million gallon capacity. An area that was previously limited to the use of on -site
sewage treatment facilities and with a significant amount of undeveloped or
underdeveloped property was now given the opportunity for previously unrealized
growth. The location of this area along a federal highway, US Hwy 2, i.e. LaSalle
Road, provided good visibility and access to an area that was ripe for commercial
development. In essence, the provision of sewer to the area has allowed Evergreen to
development into a community in it own right with a full range of private and public
services. Commercial development along "the strip" has been ongoing fostering the
construction of everything from big box retail to national banks and franchise
restaurants. Within the Evergreen area there is substantial opportunity for future
commercial expansion and infill, albeit there are few large remaining undeveloped
parcel, i.e. parcels over 20 acres in size.
Unintended impacts associated with the commercial development and expansion in
the Evergreen area has been the surplus of retail space available in the downtown
core of Kalispell, the Kalispell Center Mall, Gateway West Mall (now closed) as well as
remaining undeveloped commercial property on Highway 93 south of Kalispell. The
regional center with big box retail store is a phenomenon that has had significant
impact on local and regional economies in the last decade. However, many
communities have allowed them in because of the savings opportunities and
expanded choices they can provide to consumers and the laissez faire approach to
development and free enterprise.
0
In conclusion, it can be clearly reasoned that circumstances and conditions have
changed since the 1986 master plan was adopted to warrant consideration of changes
to the plan document and in conjunction with this proposal.
Does the proposed plan amendment further the overall goals and
objectives of the master plan when considering the specific elements of
the plan?
Growth Manag n : Managing growth for the City of Kalispell relies largely on
compact expansion redevelopment and infill within the current city limits because
there is very little remaining undeveloped property and few large parcels that lend
themselves to new development of large scale commercial or residential projects.
Annexation of the outlying areas on the urban fringes becomes another strategy to
manage and encourage growth within the city limits of Kalispell where adequate
provision of public services can be addressed. The goal statement of the current
master plan document states "a comprehensive, effective growth management
program which provides for all the needs of the community, is adaptable to changing
trends and is attuned to the overall public welfare." Since Kalispell is limited to
planning inside its city limits, a more aggressive annexation policy and plan is one of
the primary tools that the City will need to rely on in conjunction with the provision of
services, primarily water and / or sewer to a newly developing area.
Master plan Goals and Objectives l(e), encourages the "adoption of a municipal
annexation program which coordinates with the extension of services plan to
aggressively deal with fringe developments setting the stage for immediate or future
annexation so as to preserve the tax base of the city and eliminate future barriers to
orderly growth." Kalispell adopted an extension of services plan in November of 1995
that established a service boundary, but it does not include the property proposed for
the master plan amendment. It may be worthy to note that the 1995 Kalispell
Extension of Services Plan was not necessarily based upon a careful quantitative
analysis of existing and future needs, but rather a "common sense" approach that
considered topographical barriers and existing jurisdictional boundaries.
Goals and objectives of the master plan under "Growth Management" l(d) states that
Kalispell should "adopt and continually update the extension of services plan to
program the extension of such municipal services such as water lines, sewer lines,
storm drainage and solid waste collection into growth areas." Within the last 18
months the City of Kalispell contracted with the firm HDR Engineering and Morrison
and Maierle, Inc. to do a comprehensive analysis of existing facilities and develop a
facilities plan for Kalispell which was completed in July 2001, the City of Kalispell
Water, Sewer and Storm Drainage Facility Plan 2000. This plan attempts to project
needs using a 20 and 50 year time line. This plan also includes an assessment of
existing systems and has attempted to identify deficiencies or "bottlenecks" within the
current infrastructure. Without going into the detail of this document, it is
noteworthy that the property proposed for the master plan amendment and for future
development of the mall and associated properties is within the potential utility
service area identified in the new facilities plan. Although this document is still in a
draft form and has not been formally adopted by the Kalispell City Council, it is
important to note that this area is identified as an area that could potentially be
0
serviced by the City of Kalispell. It is anticipated that the facilities plan will be
completed within the next three to six months.
Immediate annexation to the city of Kalispell and the extension of Kalispell sewer to
this property is part of the overall development proposal and would address, at least
in part, some of the goals and objectives of the growth management section of the
plan. The extension of sewer into this area and the annexation of the site complies
with the objectives of immediate annexation and, at least in part, preservation of the
tax base of the city. At this point, impacts to the tax base within the commercial core
of the city are unknown. However, this development will take place within the city of
Kalispell rather that within an unincorporated area of the county.
Growth management also includes consideration of the impacts of new commercial
developments on surrounding lands and the interconnectedness of these land use
decisions. Impacts associated with the influx of nearly 200 acres of commercially
designated property approximately three miles from the commercial core of Kalispell
with access to public services has the potential to alter the established land use
patterns within the city of Kalispell.
Land Use: One of the issues identified by the city council in the past has been how to
provide for large scale and big box commercial and if there is adequate space within
the current and future market for additional retail. There are two distinctively
different commercial areas in the Kalispell area which are the Kalispell commercial
core area is the historical and commercial center of the community or the "downtown"
which is the well -established and generally pedestrian oriented that functions as the
government seat for the county and serves as a cultural center for the community.
Evergreen also serves as a commercial core area and has provided an area for new
commercial expansion. Most of the development in Evergreen is auto oriented and is
characterized by one or two businesses on a single lot. Both of these commercial core
areas serve important functions in the economic community in different, but
complementary ways.
The challenge that faces the community is to ensure that both of the core commercial
areas remain viable and stable, with opportunities for continued investment and
growth and that they develop in a way that provides for complementary development
patterns. One of the primary concerns of the future commercial expansion of
Kalispell is the scarcity of large undeveloped parcels within the city limits. There are
few to non-existent. In the Evergreen area there is less scarcity of undeveloped land
and there are a large number of underdeveloped parcels, or parcels that have been
zoned commercially but have not transitioned for a residential to commercial use.
Some of these parcels are fairly large from two to ten acres in size. However, there are
no parcels that are 15 to 50 acres in size that are undeveloped and within the
commercial core. Most of the development that has occurred in the Evergreen area
over the last ten years or so has been the redevelopment of residential or even once
agricultural parcels. This proposal is a continuation of that trend, but on a larger
scale.
The challenge of addressing future commercial development is two fold: To locate in
areas where existing utilities and facilities are available and to expand from existing
31
commercial centers. There is pressure to develop in the outlying areas because of
relatively inexpensive land and the location along arterials roads. Compact
development becomes important when considering the scarcity of available land.
General goals and polices under the master plan section of the plan, Goal 6, Land
Use, encourages the orderly development in the planning jurisdiction with ample
space for future growth while ensuring compatibility of adjacent land use.
Additionally, Goal 6(b) encourages that "standards for the designation or expansion of
commercial areas (be) based on a compact development pattern designed to meet the
needs of the intended service area and not the desires of speculation or strip
developers." While this development can, in part meet the land use goals of the plan
because it provides ample space for future growth, it does not necessarily ensure the
compatibility of adjacent land uses, particularly the High Density Residential
component of the proposal which could place commercial buildings such as offices
and apartments next to an exclusively very low density residential / agricultural area.
A more appropriate land use designation for the east portion of the site would be
Urban Residential that would anticipate setting the stage for the development of
single family homes, duplexes, townhouses, condominiums and apartments at a
density appropriate to an area that can be served by public sewer and water.
Additionally, the land along the periphery of the site and particularly to the east of the
site appear to be purely speculative in nature and intended to capture potential
commercial development far into the future. There is some logic to the sites located
on the east side of LaSalle Road, west of the proposed mall site and commercial center
being designated as Commercial because of direct access and the mall use.
The property east of the mall and west of Glacier Way should be developed as a
transition area between the high intensity uses of the mall and the more residentially
oriented uses to the east. Development of this transition area should have the
building frontages oriented to the west toward the commercial center with special
attention being given to developing the commercial frontages along the interior ring
road around the mall. Treatment of the rear of the buildings should contribute to the
development of the north / south corridor as an area with limited access, signage and
commercial flavor and providing a transition zone.
The area located east of the mall and commercial center and west of Glacier Way
designated as Commercial in the application be designated as Commercial which
could be developed in a way that provides a transition area between higher intensity
commercial uses and residential uses. This would not on provide the needed
transition to a more residentially oriented land base to the east.
Land Use goal (h) to "concentrate medium and high density residential units in areas
close to commercial services, good traffic access and open space specifically to provide
efficient access to these amenities for the occupants and to provide a suitable buffer
between commercial and high traffic areas and low density residential areas."
Under the Land Use section of the master plan there is some somewhat dated
information on page 40 regarding the amount of commercially designated land and on
page 45 the amount of land that would be needed for future development. It noted
in
there that as a regional service area Kalispell would need an additional 400 acres of
commercial land over the next 25 years and that all commercial activity should be
directed toward existing commercial areas either as expansion or as infill.
At the time the 1986 Plan document was written there was approximately 590 acres of
commercial property in the Kalispell plan area. However, at present there is over
1200 acres if commercial land. Most of the Evergreen area was considered Suburban
or Urban Residential. Additionally, the State School Section has been redesignated as
a mixed -use area. There has been substantial development around the hospital and
Mountain View Plaza (Home Depot) has been developed as well as several areas within
the immediate Kalispell area. It should be noted that the Kalispell Center Mall is
located on approximately 20 acres; Gateway West Mall on approximately 13 acre and
that the entire downtown core of Kalispell contains approximately 40 acres and these
areas are having a difficult time maintaining a stable commercial base.
The retail industry nation-wide continues to change and the Kalispell Economy
continues to evolve. The need for additional general uncoordinated commercial
development or land based on what is described above is questionable. However, the
opportunity to develop a large scale mixed use development which integrates a
regional commercial center and strong neighborhood components by expanding an
existing commercial/industrial area provides new opportunities.
The site in question already contains 70 acres of industrially zoned property that
allows for general commercial and mall development. The applicants propose an
additional 80 acres of commercial land creating a 150 - 160 regional commercial
center within a coordinated plan of public services, facilities and site design
standards. In addition the proposed amendment would include 75 acres of land for
office, multi -family, public and residential uses. The development, with proper design
standards and infrastructure could serve to consolidate commercial development and
provide an appropriately planned location for new development.
Page 46 of the master plan addresses Highway Commercial and General Commercial
development and notes that these districts "are perceived to occur as compact
expansion and infill of existing strip commercial developments occurring on Highway
93 south of 13th Street and on Highway 2 between Meridian Road and Evergreen and
on Hwy 2 between Reserve Drive and the BN crossing to the north." Although some of
the area proposed for the plan amendment is recognized as commercial in the plan,
i.e. the area between Reserve Drive and the BN crossing to the north, there is
substantially more area beyond that which is not identified in the plan document as
being planned for commercial growth. However, it could also be observed that the
Evergreen area was not the vital commercial component of the Valley that it is today
when the plan was written.
Today Evergreen represents an important commercial element within the community
and there are few large undeveloped or underdeveloped parcels where a project of the
size of being proposed would be able to locate. There is significant commercial
development around and within the immediate area of the property proposed for a
redesignation to a Commercial use. The intense commercial development of the
Evergreen area is immediately to the south and west of this site. A redesignation of
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the area proposed for the regional commercial center and the mall can be considered
an expansion of the existing commercially developed areas that area immediately
adjacent to it, not sprawl or "strip development" which is usually disconnected, low
density in nature and some distance from existing development.
It is also notable that the current master plan document does not anticipate a
regional mall and shopping center such as that which is being proposed. When
assessing where such a facility might have the ability to locate within the Kalispell
and surrounding area, there is a scarcity of parcels that would adequately
accommodate the behemoth that is being proposed. The Tri-City Planning Office staff
conducted an inventory of potential sites that would be able to accommodate a
development requiring 60 acres or more and there were few sites available, and even
fewer sites that had ready access to public utilities. The exception to this would be
the State School Section which would have adequate utilities and space for the
location and development of the mall and commercial center, but there are
restrictions on the timing of commercial development on the school section site as
well as an unwillingness or inability of the current developer to enter into a long term
lease, as is required by the State. In essence if a regional mall and shopping center is
to locate within the Kalispell area, the proposed site can be considered a logical
placement because of its close proximity to the existing commercial core of Evergreen
and the availability of public services to the site.
There is adequate land within the site to create a truly integrated mixed use
community by establishing a residential component and creating a buffer area
between the intensive commercial uses of the mall and shopping center with a
transition area along the west boundary of the internal roadway. This could
reasonably lead to the transition to a residential component to the east of the
roadway. If the area to the east of the internal roadway of approximately 57 acres
were designated as Urban Residential, this could logically set the stage for further
residential development to the east as utilities and services become available.
A High Density Residential designation approximately 200 feet deep along the eastern
side of Glacier Way may assist in developing the needed transition zone. No non-
residential uses would be anticipated until such time as other properties in the area
may have been substantially developed.
With population growth anticipated at approximately one to two percent per year to
continue, the provision of an adequate supply and diversity of housing become a
critical need within the community more so than a need for additional commercial
land. There is limited available land within the city limits of Kalispell or within close
proximity to services that lends itself to urban density residential development. By
integrating a residential component into the overall development plan the mixed use
development would fill and important need within the community as a whole.
Econom�v: County income and employment have boomed over the last decade and
while the economy is relatively diverse, the service industries employed 70% of the
county workforce in 1990 and has created the majority of new local jobs since 1990.
Expanding industries tend to pay low wages and the county's rate of persons in poverty
grew from 9.4% in 1980 to 14.2% in 1990. The U.S. Census Bureau model -based
19
income and poverty estimate released in November of 2000 estimated Flathead County
to have a 14.2% poverty rate in 1997, representing little change from 1990. Shifts in
recent decades in both the global and the national economies have played a key role
in economic conditions of the local area. Local examples of these national changes
include the expansion of services and tourism; proliferation of low -wage jobs;
downsizing of timber mills and the Columbia Falls Aluminum Plant; and the
expansion of microelectronics production at Semi -Tool.
Section 5 of the master plan encourages a diverse economy promoted by careful
planning of various types and locations of development and encourages the activities
to ensure the Central Business District remain strong and viable. Goal 5(fl, an
economic goal, encourages the promotion of and the provision of additional tourist
facilities such as hotels and motels.
The rapid economic growth of the early 1990's had mixed benefits for the local economy
in terms of average wages. Most new jobs created were low -wage jobs and job growth
was concentrated in the service industries, with the notable exceptions of construction
and non -electrical machinery manufacturing, i.e., Semi -Tool. Retail trade, one of the
lowest paying industries, created nearly three times more jobs than the second highest
job -growth industry. This proposal will perpetuate that local economic trend rather
than adding greater diversity to the local economy, but may provide some potential for
the expansion of the tourist trade which could have a spill over effect relating to other
activities in the local area.
This project would invest substantial dollars in improvements to the site for the
indoor shopping mall which would generate additional tax revenue to the City of
Kalispell. However, this oversimplification does not account for potential economic
flight in the commercial core or the displacement of existing businesses
Issues related to economic impacts and the benefit of conducting a market analysis
have arisen regarding this proposal. One method to assess economic impacts is
through a market analysis which can be tailored to a specific area with a model for
assessing potential needs and subsequent impacts in a retail, office and residential
market. For instance, one example of a retail market study would generally consist of
five components. Defining the demographic and economic trends within the region or
service area which would have a direct impact on the demand for and supply of retail
merchandise. The second part is determining the market or trade area, whether small
or large; and thirdly assessing the demand / supply relationship. This could be done
by computing the projected demand for retail merchandise into a demand for retail
space. This could be compared to the current supply of retail space in the market.
This is directly projected and a comparison of the demand and supply produces an
estimate of the unfulfilled demand. The fourth part determines the project's net
capture, and the fifth part an assessment of the development's profile including the
number and type of stores as well as the schedule of development.
This model would involve determining the population and total personal income level
times net disposable income to determine the region's shopping goods expenditures.
An assumption must be made regarding the dollar per square foot of retail income
that a business must be realized to be economically viable within the trade area.
11
Square footage needs in relation to an areas net disposable income for goods
expenditures can be determined and projected to accommodate future population
growth. The net capture of the market can be determined in one of two approaches:
The share of market or the residual sales. This same type of market analysis can be
conducted to determine the market for office and residential development as well.
Businesses and communities employ the use of market analysts in assisting them in
making decisions regarding future needs and determining investment. Public and
private interests in conducting market analyses may differ or one may come to
different conclusions based on similar information. Professional companies are
solicited in both the private and public arenas to do thorough market analysis that
assist parties in actions that maximize efficiency and savings within their area of
interest.
Within the Kalispell and Flathead Valley market, sadly there are few reliable sources
for the needed baseline information that can be obtained without substantial
resources to conduct a market analysis in a thoroughly independent manner. Data
regarding the availability, demand and absorption rate in areas of retail, office and
residential development has not been continually collected, updated or assessed in a
meaningful or comprehensive manner. Because of the lack of available and reliable
market information, neither the City of Kalispell nor any other community in Flathead
County has required developers, regardless of size, to conduct a market analysis for
the purpose of decision making by elected officials. A market or economic analysis
can be subjective, conclusions from multiple sources can be inconsistent and they are
not presently a required element of any land use application or decision.
Environmental Considerations: There are considerable constraints associated with
the 100 year floodplain, Trumbull Creek and Spring Creek channels and the small
wetlands area near the south of the site. Some of these issues can be addressed thru
obtaining a floodplain development permit to fill, others must be addressed through
policy statements associated with the development that will insure that the natural
environment is not degraded as a result of any development on the site. According to
the Federal Emergency Management Agency (FEMA), the agency in charge of
developing and maintaining the Flood Insurance Rate Maps (FIRM) a measurable
portion of the site has environmental constraints due to the 100 year floodplain
designation. Approximately 18 percent of the site is designated as being in the 100
year floodplain.
According to FIRM Panels 1420 dated 9 / 5 / 84 and 1810 dated 10 / 16 / 96 there are
significant areas of 100 year floodplain immediately within and around the site to the
east. Trumbull Creek, which is an active channel, starts near the northwest portion
of the site and travels through the site to the east. Spring Creek lies to the east of the
site and converges with Trumbull Creek off -site along the eastern boundary at point
about midway in the property. This too is an active channel that warrants
preservation and careful consideration during construction. There is also another
area on the site where the mall and the commercial center are proposed that is
designated as being in the 100 year floodplain. However, it appears that his channel
has been inactive for quite some time and at some points has been blocked likely for
irrigation purposes. The largest area of floodplain on the site it the area where
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Trumbull Creek turns from the south to head east and the inactive channel continues
to the south. This area is approximately 800 feet long and 1,200 feet wide, according
to the floodplain map for the area. The applicants have attempted to address this
area to a certain extent by designating a 5.6 acre portion of it as Public.
The Public designation of this floodplain area ensures that this area would not be
subject to filling or intensive development. However, a policy attached to the plan
amendment should require a survey of the floodplain in the area be completed to
further delineate the active portion of the channel so that it is protected and
preserved for flood flows. Further study of the floodplain in the area may be in order
to protect the integrity of the stream and streambed. The roadway crossing with
Glacier Way, the primary north / south collector for the site that is indicated on the
development outline, would be subject to a floodplain development permit and the
100 year flood flows within the channel would be required to be maintained at their
current rate with the installation of a culvert or bridge and any further engineering on
the roadway that might be required.
If the developers chose to purpose a floodplain map amendment to address the
apparent inactive channel, the area would need to be surveyed and modeled to
determine if there would be any increase to the floodplain in the area. This
application for a letter of map amendment (LOMR) would be submitted to the local
floodplain administrator who would forward the information to the agency office in
Virginia. The data would be studied and if FEMA agrees with the assessments, a
letter of map amendment would be issued. Obtaining a letter of map amendment
from FEMA typically takes six months to one year to complete. It may be noteworthy
that the entire site and basically the entire are east of the BN Santa Fe railroad tracks
is indicated on the above referenced floodplain panels is in the 500 year floodplain.
There are no development restrictions associated with the 500 year floodplain.
There is a small wetland area located near the southern portion of the site where one
of the main entrances to the property is located and manifests as a small pond. This
pond appears to be created from high groundwater in the immediate area. One
possible alternative could be to plant the area with grasses and reeds to filter and
purify the storm water before it is filtered into the ground.
Presently there is no community system for collection conveyance and treatment of
storm water in the area. Management of storm water to protect groundwater and
surface water is a concern because of shallow groundwater in the area and proximity
of Trumbull Creek and Spring Creek. The storm water management plan for the
Glacier Mall should consider the use of both conventional and non-traditional storm
water control and mitigation alternatives.
Flathead Basin Commission has responded to the referral sent to their office with
concerns that the "Evergreen area east of Kalispell, given its high ground water table,
highly permeable soils, proximity to the main stem of the Flathead River, dense
settlement pattern and rapid growth, has long been a source of concern as these
factors relate to the protection of water quality. The FBC believes the public interest
is best served when the widest possible range of objective, science based information
is taken into account when land management decisions are made. Attached to the
im
referral response letter are copies of two publications that provide definitive
information on the specifics of alluvial aquifer in the Evergreen area and have been
included with this packet -
While the publications provided by the Flathead Basin Commission may provide
important information regarding the groundwater and surface water in the area, there
is additional scientific analysis that should be considered to provide a full
examination of the best scientific information available.
Coynunity and Recreational Facilities: An approximately 5.6 acre area is
designated on the development plan as Public which is essentially one of the major
channels of Trumbull Creek, an environmentally sensitive area that warrants
preservation and protection. Around the main channel of Trumbull Creek where the
Public designation is proposed lays the 100 year floodplain, as previously noted. In
reality the 100 year floodplain goes beyond that area designated as Public in the
development plan and further delineation of the area prone to flooding should be
determined and the public area possibly expanded to include environmentally
sensitive area, i.e. areas prone to flooding.
There is additional floodplain along the Trumbull Creek channel that is not indicated
on the development plan. Some consideration for the buffering and protection of the
area within the 100 year floodplain possibly by designating it as permanent open
space or creating a recreational amenity by developing a trail available either to the
public or to the future property owners.
The City of Kalispell Parks and Recreation Department has stated that they would be
willing to assume ownership and maintenance of the Public area as a City park once
it has been developed. The City would not assume the ownership and maintenance of
areas simply designated as open space or as public since that does not provide a
recreational amenity to the community as undeveloped parkland or open space. The
application proposed that Public area designated on the development plan be would
fulfill future parkland dedication requirements associated with future residential
subdivision on the project site. Under the City and State subdivision regulations, this
would generally be an acceptable arrangement depending on the size, density and
timing of the residential subdivision proposal.
Glacier Way, the north/south collector within the project, is approximately one mile
long and is proposed to have a bicycle jogging trail incorporated into its design. Since
this would be a dedicated City street, the roadway would be required to be designed
and constructed to City standards or as further outlined in the PUD agreement. The
development of an interconnecting trail in the area could be of benefit to community
particularly if it could be connected to the trail being considering in the area to
Helena Flats School.
An open space area has been indicated near the southeast corner of the site to
provide buffering between this property and the Granite View Subdivision to the east,
a single family residential development. This open space area would be retained and
maintained by the developer or property owners association. Although this open
space does not necessarily function as a recreational amenity, it does provide some
1h
separation between the development and the residences in the area.
Transportation: Additional traffic generation as a result of this type of intensive
development will result in significant impacts to the roadway system in the area
particularly to East and West Reserve Drive, Hwy 2 and Rose Crossing. Preliminary
comments from Stephen L. Herzog, P.E., Kalispell Area Maintenance Engineer, on
behalf of the Montana Department of Transportation were received in response to an
agency referral. Mr. Herzog noted that his comments are based on a cursory review of
the preliminary limited information provided. In his comments he states that this
project will need to undergo the Department's Systems Impact Process for a thorough
review. This will require a comprehensive Traffic Impact Study, which by reference in
the application is currently underway.
Initial comments and points of concern from the Montana Department of
Transportation include the following:
"References made on pages 8 and 11 indicate that no additional burdens will
be placed on the public for new roads and that an expansion is planned for S
548 (West Reserve Drive) to 4 lanes. Presently I am unaware of any funding or
programmed projects for these referenced improvements. Such infrastructure
changes and the funding of such improvements will need to be addressed in
the traffic study and in the systems impact review process. This may include
associated signal upgrades, lane expansion and/or drainage needs. A further
area of concern that will need to be addressed in the impact process is what if
any impacts will this project have on air quality with regard to PM-10 and CO
standards.
Two accesses are identified to have new signals on US 2 as a part of this
project. Both locations create potential problems based on the proximity to
other traffic conflicts. The southerly access location may be to close to the
existing signal at Reserve and US 93 while the northerly signal may be located
to close to the railroad crossing. The middle access may be the only
appropriate location for signalization. The other two accesses may only
warrant right in or right out access to US 2. The specific need and location
for each of the proposed accesses will be dealt with through the system impact
process.
All City, State and County agencies transportation impacts should be
coordinated in a comprehensive process. It appears that a signal may be
warranted at one of the locations along East Reserve Drive and another signal
may also be needed at the intersection of Rose Crossing and Glacier Way.
The Montanan Department of Transportation has had some initial but very
preliminary contact with Wolford and their representatives to date. We
welcome the opportunity to be a part of this development process. The
Department's system impact process may provide that opportunity to facilitate
a comprehensive transportation plan for all of the local agencies regarding the
associated traffic impacts." The original letter from MDOT is attached.
17
Flathead County Road Department's comments are that East Reserve Drive should be
reconstructed to accommodate right and left turn lanes at the LaSalle / Hwy 2
intersection. Change the signals at the intersection to accommodate right and left
turn lanes. Provide drainage (engineered) plans for East Reserve Drive. City
annexation (of the property) be completed as soon as possible.
Kalispell Public Works comments are that traffic impacts would appear to be much
greater than originally anticipated. A complete traffic impact analysis is required to
assess current roadway and intersection capacities and the impacts created by the
proposed development. Mitigation requirements must be identified.
Because of the regional attraction of this project, traffic impacts beyond the
immediate boundaries of the project are also a consideration. The need for Hwy 93
Kalispell Bypass continues to grow since this traffic route could efficiently carry traffic
around the city from the south to West Reserve Drive and east to its intersection with
Hwy 2, the project site. The Kalispell Bypass is a first priority project with design and
engineering having been completed and the Montana Department of Transportation is
in negotiations for early acquisition. Successful acquisition continues. Funding
sources and design have been identified with construction phased over the next five
to 20 years.
West Reserve Drive between Hwy 93 and Hwy 2 is identified as a second priority
project in the Kalispell Transportation Plan which is currently a two lane major
arterial. The plan identifies improvements to include widening to a four through
travel lanes and a center turn lane. This project has not been further identified,
designed or funded. Development in the area between Hwy 2 and Hwy 93 with the
Mountain View Plaza, i.e. Home Depot / Target stores and the Glacier Mall
development greatly intensify the need for improvements to West Reserve Drive.
An additional issue that will surface in conjunction with the development of this
project is the increased need for a connection between Conrad Drive and Highway 2 /
MT 35 intersection. This has been identified in the Transportation element of the
master plan as the LaSalle Road Extension. Upgrading Willow Glen Drive from US 93
to Conrad Drive and the creation of the LaSalle Road Extension have both been
identified as first priority project in the Kalispell Transportation Plan. No project
design or funding has been identified or developed at the local, state or federal level.
Willow Glen Drive upgrades would include upgrading this two land rural arterial by
widening the road to include paved shoulders, improved sight distances and left turn
lanes Woodland Avenue and Conrad Drive. Some work was done at the Woodland
Avenue and Willow Glen Drive intersection by the Montana Department of
Transportation within the last year that included improving the sight distance,
reducing the grade to the north and developing and left turn lane.
La Salle Road is recommended to be extended south of the Hwy 2 / MT 35
intersection to Conrad Drive to create a more direct connection between Willow Glen
Drive and Hwy 2 and between Kalispell and Evergreen, referred to as the LaSalle
Extension and as identified in the current transportation plan. This connection is
needed regardless of whether or not the proposed project is developed.
In
Impacts to Rose Crossing and East Reserve Drive have not been fully identified, but
will be as part of a thorough traffic analysis. Currently both Rose Crossing and East
Reserve Drive are two lane rural roads located within a 60 foot right of way.
The railroad crossing proposed across the Burlington Northern / Santa Fe tracks will
have to undergo review and approval by that entity in addition to any improvements
that may be identified as part of the traffic impact analysis and as required by the
Montana Department of Transportation.
A new roadway, Glacier Way, within the development will provide a north / south
connection between Rose Crossing and East Reserve Drive and function as a collector
street. This road is intended to be dedicated to the City of Kalispell and would be
constructed to City standards. An additional internal roadway system will need to be
further developed as part of the planned unit development review and approval
process as part of an efficient transportation system for the site.
The staff recommends that consideration to maintaining a high level of integrity on
Hwy 2 as a functioning major arterial should be given a priority in consideration of
developing major accesses, in particular in installation of additional traffic signals.
Limiting additional accesses onto LaSalle Road to the minimum number of points
with a signal and requiring a well -functioning internal roadway system to handle the
internal traffic flows should be developed as an important policy in reviewing this
development proposal. This would then provide the development with three
controlled signalized access point, one East Reserve Drive, one at Rose Crossing and a
central access point along LaSalle Road.
As a provision of the master plan amendment approval, a traffic impact analysis and
mitigation report will be prepared by the developer to address the specific impacts of
traffic from the proposed development site.
Community Facilities, Tnfrastructure andRuhlic Services: Should this property be
annexed into the city of Kalispell, City services would be available to the property
owner(s) in accordance with City policies. In addressing the master plan relating to
public services and facilities, the master plan Goal 8 calls for the economical and
balanced distribution of public facilities for present and future needs. Goal 8(a)
encourages the use of areas already serviced by water and sewer, fire and police, or
areas which can be economically serviced. Goal 8 ( c) encourages programs for
equitable financing of extending public services into areas of new development.
Kalispell's Extension of Services Plan states that the costs of the extension of services
to new development, whether inside or outside of the city limits, be borne by
developer. The extension of services further plan states that if upsizing is required to
accommodate future anticipated users, that the City will pay the difference between
the capacity required by the developer and the capacity required for future users.
Potentially, a development agreement with the City can be executed to ensure that the
"latecomers" onto the system repay the development costs to the developer and / or
the City of Kalispell.
Iff
General comments from the Kalispell Public Works Department are as follows: "All
water, sewer, storm drainage, roadways, or any other facilities that may be required
must be designed and installed in accordance with the requirements of all regulating
agencies of the State of Montana, City of Kalispell and all other local or Federal
regulating agencies having jurisdiction over this project. All engineering studies,
reports, analyses, plans and specifications and other documents for construction or
engineering evaluation must be prepared and submitted under the seal of a Montana
Registered Professional Engineer having specific expertise in the area of design or
subject under evaluation."
Sewer: Critical to the success of the overall development of the project would be the
provision of City sewer to the site. The applicants have explored various opportunities
for the extension of sewer from its closest point, Whitefish Stage Road. Sewer would
be extended from Whitefish Stage Road and to the west either along West Reserve
Drive or Rose Crossing. The Kalispell Public Works Department has some initial
comments regarding the proposed master plan amendment.
"Size of the proposed development is substantially greater in scope than
originally presented and discussed. Our past conversations dealt with an
enclosed mall of 600,000 to 700,000 square feet with an undefined amount of
additional satellite development around the mall. This increase will have
significant impacts in a number of areas. The present proposal suggests an
initial development that could approach 1,500,000 square feet when the mall
and adjacent areas are developed as indicated.
Wastewater flows from the mall were originally estimated by Wolford to be in
the 125,000 to 150,000 gallon per day range. The current development
proposal would appear to raise the potential wastewater flow substantially
beyond this range. As a result, there are now concerns about the capacity of
many downstream facilities to handle flows greater than those originally
estimated.
Further, the impact of this development on the City's existing wastewater
treatment capacity will be substantially different than originally presented.
Treatment capacity at the existing facility is limited. As a result of the City's
Facility Plan 2000 study, a major facility expansion is anticipated and
preliminary engineering is beginning. But the appropriate size of this planned
expansion is now in question because of the significant change from the
original proposal. The developer must provide detailed engineering data
regarding the amount and type of wastewater to be generated from this site so
that all wastewater collection and treatment facility capacities can be
assessed."
Phasing, timing and monitoring of flows from the development may be required so
that the City of Kalispell's wastewater treatment plant can keep pace with the
development and meet existing obligations. Specific issues will be addressed as
specific development proposals are submitted. As part of the ongoing planning
process the developer should prepare an engineering report addressing the proposed
flows.
T
Water: Although not specifically addressed, it is understood that water service may
be supplied by Evergreen Water. Kalispell Public Works Department states that
"Design of facilities and flow rates and pressures must fully account for the fire needs
of the development and are subject to review and approval by the City Fire Marshall
because City of Kalispell will provide fire service."
Currently this property is not inside the Evergreen Water District boundary, but could
petition for annexation into the district. Although a referral was sent to the district,
no formal response was received. In any case, the district has indicated a willingness
to provide water service to the development.
Storm water management: Kalispell Public Works comments regarding storm water
management are as follows: "Storm water run off will be a significant problem with a
development of this scope. Storm water flows from this site cannot exceed pre -
development levels. The developer will be required to prepare a comprehensive storm
water analysis of the current site and receiving waters and must identify the impacts
of the proposed development on receiving waters.
Presently there is no community system for collection conveyance and treatment of
storm water in the area. Management of storm water to protect groundwater and
surface water is a concern because of shallow groundwater in the area and proximity
of Trumbull Creek and Spring Creek. The storm water management plan for the
Glacier Mall should consider the use of both conventional and non-traditional storm
water control and mitigation alternatives.
Eire:. Once annexed into the city of Kalispell, the Kalispell Fire Department will
provide protection to the site. Providing fire protection in this area may strain the
department beyond their capacity to provide adequate services. According to the
American Insurance Association, a city the size of Kalispell with its level of staffing
and equipment, should ideally have a maximum service area radius of one and a half
miles. The fire department has made some initial comments regarding fire protection
to the site that include compliance with the requirements of the Uniform Fire Code
and provision of commercial fire flows at a minimum of 4000 gallons per minute with
the presumption that buildings will be provide with fire sprinklers. Looped systems
with sufficient storage capacity will need to be provided as well as adequate fire
ingress and egress to the site. Due to the potential complex nature of the
development, special life safety issues and impacts are likely. These impacts may
warrant the need for the developer to provide technical assistance for code compliance
review as well as special construction inspectors.
Further comments: "The current fire station location is more than four miles to the
south of the site which will cause excessive response times to the proposed
development. Addition of a fire station at Whitefish Stage Road and West Reserve
Drive would give the fire department a 1.5 mile response to the mall area and the west
side of Reserve Drive. Current City planning includes this new fire station even
without the construction of this development. Staffing levels of this station will need
to be studied relative to the proposed mall development as well as the additional
commercial and residential construction. Timing of the mall development and fire
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department construction will need to be assessed."
Police: Demands on the Kalispell Police Department will be predictably increased with
a development of this nature and intensity. A much larger population than the city
residents, particularly during the summer months, impacts the department. It could
also be anticipated, that additional demands will be placed on the department and
that it would be necessary to staff and equip the police department accordingly.
Educational Services: There are a number of public and private primary and
secondary schools recognized in the master plan and the community. Helena Flats
Elementary School lies in close proximity to the site to the east. Donna Maddux
Superintendent of Flathead County Schools has commented on the project by saying
"If there is a housing component affiliated with the proposed new mall, parents of
elementary age school children will find that Helena Flats is their district of residence.
Students could apply to attend another elementary school, but acceptance isn't
guaranteed and tuition may be expected. High school age students will attend
Flathead High School or may, by interlocal agreement, request approval to attend
another high school in the county."
There has been discussion regarding the windfall to the local school districts with a
development of this size and nature. Superintendent Maddux also commented on
this issue by saying "While this property will pay a substantial property tax, it will not
directly benefit local schools. Local taxpayers may find the number of mills which
their property is taxed to be reduced by the financial contribution of this site. For
schools, however, the increased revenue goes to the State's School Equalization Fund.
That fund returns money to the individual districts based on a per child formula with
no extra credit given to county or districts which generated the revenue. The value for
schools is the set figure of compensation per student as the housing builds out."
.annexation and the provision of services_ Provided the proposed master plan
amendment is approved, it is the intent of the developer at a future meeting to annex
this property into the city of Kalispell. At the time of annexation, the designation of
appropriate zoning would be undertaken. As part of the application proposal, the
developer has proposed that the portion of the site intended for the indoor mall and
commercial center be zoned general commercial with a planned unit development
(PUD) overlay. The PUD overlay would outline specific requirements for the
development of the project that would be outlined in a development agreement such
as size of buildings, parking lot design, landscaping; architectural features colors,
materials and design; traffic circulation and transportation corridors on and off the
site, signage, management and maintenance of open space and other important
elements of the development. Areas outside of the PUD would be assigned a City
zoning designation appropriate to reflect the master plan designation approved by the
Kalispell City Council
Consideration of the appropriate zoning assignment associated with the project
including the PUD and standard City zoning would be considered by the Kalispell City
Planning Board who would hold a public hearing. The planning board would forward
a recommendation on the appropriate assignment of zoning to the Kalispell City
Council. The Kalispell City Council would adopt a resolution to annex the property
and have a first and second reading on the ordinance adopting appropriate zoning.
Part of the zoning adopted at the first and second reading will be the Planned Unit
Development Agreement. If there are unresolved issues after the second reading, a
third reading on the PUD agreement and / or zoning for the project would be
appropriate.
Once annexed to the city, provision of services to the site would be in accordance with
the standard polices, ordinances and regulations of the City of Kalispell as well as
Kalispell's Design and Construction Standards.
Several components of the proposed mater plan amendment are being made with the
application: (1) a proposal to develop a large indoor mall on approximately 70 acres,
an adjacent commercial center on approximately 32 acres and those outlying
commercial parcels identified as Commercial PUD to be placed under a commercial
Planned Unit Development; (2) a proposal for adjacent commercial out parcel
development on an additional 66 acres to be given an appropriate commercial zoning
designation and (3) a proposal to designate approximately 57 acres as High Density
Residential and be given an appropriate high density residential zoning designation
upon annexation
A Planned Unit Development can be used by the City and the developers applicants to
address issues of concern by the public and the City that relate to aesthetics, overall
architectural design, location of roadways, subdivision lots and landscaping. A PUD
could also define the timing of the development to ensure that the commercial
elements of the proposal were not significantly ahead of the construction of the main
infrastructure needed to serve the development and the immediate area. A PUD is
intended to function as a zoning designation with an underlying zoning classification.
The PUD can ensure that issues relating to the integrity of the development and the
natural environment are adequately addressed.
There is some reasonable and logical expectation of the area on the east side of
LaSalle Road and west of the proposed mall site and commercial center to develop
commercially because of direct access to the area and this area would be appropriate
designated Commercial and part of the planned unit development with the exception
of the property at the northwest corner of the site.
The designation of land immediately west of Glacier Way and along the periphery of
the mall site to the east needs to be given particular consideration during
development to insure that the building frontages are oriented toward the interior of
the mall and along the interior ring road. The ring road should serve as the internal
access road for the peripheral lots. The rear of the buildings the setback area should
be developed in a way that contributes to the transition to a residential area using
architectural components, landscaping, berming, discrete signage and limited direct
access. The proposed areas fronting along the ring road may also be appropriately
designated as Commercial with special consideration being given to the development
of the building fronts facing the commercial center or internally and the rear of the
building along Glacier Way be developed so that it contributes to the transition to
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residential uses to the east.
A High Density Residential designation should be considered for the area east of
Glacier Way at the south end of the site as shown on the attached land use map. A
High Density Residential designation should also be considered for the area west of
Glacier Way at the north end of the site as shown on the attached land use map.
Trumbull Creek creates a natural dividing line between the higher intensity uses to
the south. It would also encourage the development of a use that would be
compatible with the existing and future land uses immediate surrounding the site and
limit further impacts to Rose Crossing but would allow the mix of uses intended
under a High Density Residential designation including offices and other limited non
residential uses. These areas would also be intended to serve as an entrance to the
higher intensity commercial uses to the west.
The High Density Residential component on the east side of Glacier Way south of
Trumbull Creek could also contribute to developing a transition area between the
commercial component to the west and the residential component to the east by
allowing the development of apartment, townhouses or other residential uses.
Adequate depth for development of this nature would require 175 to 225 feet. Limited
access to Glacier Way, landscaping, berming and setbacks would contribute to the
transition to residential. A High Density Residential Designation could be assigned to
this area in anticipation of higher density residential uses.
The remaining area on the east side of Glacier Way, not otherwise designated as High
Density Residential would appropriately be designated as Urban Residential. This
area could contribute further to the residential component as Urban Residential and
set the stage for future residential development further to the east as utilities and
services become available.
Exact acreages associated with these areas designated as Commercial, High Density
Residential and Urban Residential would have to be determined with further survey or
evaluation, but would be as generally described.
Considerable environmental concerns have been identified in association with the
proposed master plan amendment. Development in the 100 year floodplain may
potentially require a letter of map amendment from FEMA. The maintenance of 100
year flood flows within the Trumbull Creek will require an engineered evaluation of
the roadway crossing the creek. A small wetland area on the south side of the site
should be protected and enhanced as a natural amenity of the site. Management of
storm water to protect groundwater and surface water is a concern because of shallow
groundwater in the area and proximity of Trumbull Creek and Spring Creek. The
storm water management plan for the Glacier Mall should consider the use of both
conventional and non-traditional storm water control and mitigation alternatives.
Transportation in and around the site is of prime concern with priority given to
maintaining the functioning integrity of the roadway system within the area. Impacts
and mitigation to the transportation network will be identified with a traffic analysis
to be review and approved by the Montana Department of Transportation, the
Flathead County Road Department and the City of Kalispell. Provision of public
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services and facilities will be in accordance with the adopted policies of the City of
Kalispell.
Based upon the above evaluation, the staff would make the following
recommendations:
1. That the Kalispell City Planning Board adopt Amended Staff Report KMPA 02-2 as
findings of fact for the master plan amendment for "The Glacier Mall Mixed Use
Development Plan," Resolution KMPA-02-2B and the submitted material and map
as amended.
2. That the Kalispell City Planning Board forward a recommendation to the Kalispell
City Council to adopt as shown on the attached land use map a land designation
of Commercial for the area between LaSalle Road and west of Glacier Way that is
west and south of Trumbull Creek except for the Park, High Density Residential for
the area between Trumbull Creek and Glacier Way north of the Park, High Density
Residential on the triangular parcel on the east side of Glacier Way north of and
along East Reserve Drive, High Density Residential along the east side of Glacier
way that is 200 feet deep starting on the east edge of the right-of-way and Urban
Residential for the area on the east side of Glacier Way that is not otherwise
designated as High Density Residential along with the goals and policies outlined
in Attachment A, "The Glacier Mall Mixed Use Development Plan."
3. That the Kalispell City Planning Board forward a recommendation to the Kalispell
City Council to require a Planned Unit Development overlay for the area with a
Commercial PUD land use designation that incorporates the goals and policies of
the "The Glacier Mall Mixed Use Development Plan" as outlined in Attachment A
and submitted material.
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RESOLUTION NO. •
MIXEDTHE GLACIER MALL USE DEVELOPMENT
A RESOLUTION ADOPTING AN AMENDMENT TO THE KALISPELL CITY MASTER
PLAN, TO BE KNOWN AS "THE GLACIER MALL MIXED USE DEVELOPMENT PLAN"
WHEREAS, THE Kalispell City Master Plan was adopted by the Kalispell City
Council on April 7, 1986 with Resolution No. 3641 and by the Board of County
Commissioners on February 6, 1986 with Resolution #578A; and
WHEREAS, Wolford Development Montana, LLC, has petitioned for a revision
to the Kalispell City Master Plan which would change the designation of an area
indicated on the master plan map from the current Agricultural, Industrial and
Suburban Residential land use designation by enacting a plan amendment for the
property, and
WHEREAS, the plan amendment designates this area for the development of
the Glacier Mall and other uses to be known as the "Glacier Mall Mixed Use
Development Plan" and
WHEREAS, the Kalispell City Planning Board held a public hearing on May 14,
2002 at 7:00 PM in the Kalispell City Council Chambers after due notice to the public
and received comments upon the proposal and evaluated the proposed plan
amendment in accordance with the goals and objectives of Kalispell City Master Plan;
and
WHEREAS, the development plan would effectively amend the Kalispell City
Master Plan designation of the area described from Agricultural, Industrial and
Suburban Residential to Commercial, High Density Residential, Urban Residential
and Public as amended -and subject to the goals and policies outlined in Attachment A
which would serve as a basis for zoning; and
NOW THEREFORE BE IT RESOLVED, that the Kalispell City Planning Board
recommends to the Kalispell City Council, Attachment A, Glacier Mall Mixed Use
Development Plan, An Addendum to the Kalispell City Master Plan, be adopted.
& ��
Ron Van Natta
Kalispell City Planning Board President
96
X97.1
Attachment A
Glacier Mall Mixed Use Development Plan
An Addendum to the Kalispell City Master Plan
A. To help secure Kalispell's status as the retail and commercial center of
Flathead County and Northwest Montana by developing a first class,
attractive, mixed use center that reduces the number of retail dollars
that the area is losing to other more dominant markets.
B. To assist in managing growth toward concentrated areas that can
provide a full range of services where there is substantial room for future
expansion and growth.
C. To create an integrated mixed use center that will capture the attention
of the region's residents as well as the recreational and business visitors
who travel through the Flathead Valley, Glacier Park and Glacier
International Airport
D. To develop a high quality indoor mall which helps to establish a
standard for the development of the commercial component of the site
with an integrated and complementary architectural and landscape
design.
E. To provide an opportunity for the peripheral development of a well -
integrated office and residential component that creates high quality
neighborhood which protects the natural environment.
F. To provide for safe and convenient traffic circulation on and off the site
that adequate accommodates vehicular, pedestrian and bike traffic.
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1. The area proposed for Glacier Mall Mixed Use Development be annexed into the
city of Kalispell and be given appropriate zoning upon annexation including the
adoption of a Planned Unit Development (PUD) agreement for the commercial
element of the site designated on the attached map as Commercial - PUD.
2. That the PUD includes standards for an integrated architectural design and
landscaping which provides pedestrian access within and between individual
development sites. Signage should be integrated with the overall architectural of
the buildings and should comply with the Kalispell Zoning Ordinance or the PUD
in the area covered by the PUD. On site streets and internal driveways should be
designed to facilitate convenient internal.
3. An internal public north / south collector street shall be developed that is
intended to provide major internal circulation to development within the site.
Such a street is characterized as having moderate speeds, limited access,
pedestrian features and providing a direct connection between Rose Crossing and
East Reserve Drive. This roadway shall function as a greenbelt thoroughfare with
substantial landscaping and setbacks to provide for an orderly transition from
the more intense commercial and office uses to the west and the residential
neighborhood to the east.
4. A traffic analysis shall be prepared as part of the PUD to mitigate of on -site and
off site impacts in accordance with the recommendations of the traffic analysis,
the Montana Department of Transportation, the Flathead County Road
Department and the City of Kalispell. Particular attention shall be given to
maintaining the functional integrity of Hwy 2 by limiting the number of direct
accesses onto the highway.
5. All water, sewer, storm drainage, roadways, or any other facilities that may be
required must be designed and installed in accordance with the requirements of
all regulating agencies of the State of Montana, City of Kalispell and all other
local or Federal regulating agencies having jurisdiction over this project.
6. Adequate consideration shall be given to upsizing of required utilities to
accommodate anticipated future users. Adequate consideration shall be given to
fire and police protection in this area of the planning jurisdiction and additional
equipment and personnel which may be required.
7. The integrity of the natural environment should be maintained with special
attention being given to maintaining the 100 year flood flows of Trumbull and
Spring Creeks, maintaining the integrity of the wetlands areas located on the site
and integrating the natural amenities of the creek and wetlands area into the
overall development of the site.
8. As shown on the attached map, the property on the east side of Glacier Way and
south of Trumbull Creek should be residential in character, but with
approximately 200 feet designated as High Density Residential with the
anticipation that the initial zoning will be residential in nature. However, this
does not preclude a future zone change in this High Density Residential area to
other uses. This High Density Residential area will contribute to the transition
between commercial and residential uses by incorporating architectural features,
landscaping, limited access into the building and site design. Any non-
residential uses introduced into this area would incorporate residential
architectural features.
9. Any commercial use on the west side of Glacier Way and east of the proposed
indoor mall and proposed retail center should be oriented toward the mall with
buffer to mitigate certain commercial impacts through the use of setbacks,
landscaping, limited signage and accessed control. Building fronts should be
oriented toward the interior road ring around the commercial centers and the
rear of buildings and the properties should be developed to contribute to the
transition area between the commercial uses to the west of Glacier Way and the
residential uses to the east of Glacier Way.
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