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05/28/02 Memo/Amended & Annotated Staff ReportTri-City PlanningIce 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fag: (406) 751-1858 tricity@centurytel.net �a ►a • ; . t • a�ai TO: Kalispell City Planning Board FROM: Narda A. Wilson, Senior Planner SU13JECT Continuation of Discussion - Master Plan Amendment for Glacier Mall Mixed Use Development Plan MEETING DATE: May 28, 2002 - Special Meeting BACKGROUND: On May 14, 2002 the Kalispell City Planning Board held a public hearing to consider a proposal by Wolford Development Montana LLC for a master plan amendment on approximately 232 acres to facilitate the development of a large scale retail J commercial center and peripheral development. At that public hearing nearly 100 people attended and over 30 people spoke, including the staff report, applicants presentation and testimony by the public. After the public hearing, the hour was late and the planning board continued consideration of the request for two weeks or until the special meeting already scheduled by the board for May 28, 2002. At this meeting, the board will continue the discussion of the master plan amendment proposal. The public hearing has been closed and there will not be another opportunity for the public to present testimony to the board. Questions may be solicited by the planning board from the staff, the applicant, the public or any others present. If there are questions from the public, they should be given to the planning board president for presentation to the board for consideration. Part of the board's discussion should include the review and consideration of the proposed amendments to the staff report intended to be the amended findings of fact. The planning staff has had the opportunity to review the applicant's issues of concern that were presented and has provided some concurrence on some and some comments on others. For your convenience in reviewing the amended staff report, the amended and annotated staff report attached to this memo and has notation in different font and indent in the staff report commenting on the proposed changes. Changes proposed by the applicant are generally indicated in the text with an underline if they have been proposed for strikeout. If a strikeout is present then the staff is in agreement with the deletion. If the underline remains staff would be recommending the language be included or include language proposed by the applicant. Underlined language in the staff notes is recommended to be included. Bolded language has been used when there are minor additions. Please call me if you have questions regarding the format or if you need additional information from the May 14, 2002 planning board meeting. Providing Community Planning Assistance To: - City of Kalispell - City of Columbia Falls - City of Whitefish Continuation Wolford Development Master Plan Amendment May 21, 2002 Page 2 In addition to the amended staff report please find materials, questions, comments and letters submitted at the public to the staff or planning board. The 42 page document done for DNRC Section 36 Economic Evaluation dated May 2001 by Dr. Gregg E. Davis, Ph.D.; FVCC and Paul E. Polzon, Ph.D.; U of M, Missoula was submitted and available for review at the Tri-City Planning Office. . Please take the opportunity to review the material included in your packet prior to the meeting. If the issues or questions you may have can be framed prior to the meeting, it may help in reducing the amount of review time that will be spent on this project. It may be helpful for the board to break down the issues as they have been outlined in the staff report to address the various components. Perhaps there are others that should be considered and included in this list identified by the planning board, applicant or public that has not been fully identified. But use this as a starting point: ® Growth Management ® Land Use ® Economy Environmental Considerations ® Community and Recreational Facilities ® Transportation ® Community Facilities, Infrastructure and Public Services ® Other Issues Raised by the Planning Board and Public H:\LET-TERS\2002\MALLMEM0.DoC Glacier Mall Mixed Use Development Master Plan Amendment June 6, 2002 Page 3 GLACIER MALL MIXED USE DEVELOPMENT MASTER PLAN AMENDMENT AMENDED GOALS AND POLICIESRECOMMENDED KALISPELL CITY PLANNING • _' The Kalispell City Planning Board is recommending the following goals and policies to the Kalispell City Council for the above referenced proposal. FAT 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. Glacier Mall Mixed Use Development Master Plan Amendment June 6, 2002 Page 4 M0•11� 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. Glacier Mall Mixed Use Development Master Plan Amendment June 6, 2002 Page 5 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. Tri-City Planningice 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net June 6, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Glacier Mall Mixed Use Development Master Plan Amendment Dear Chris: The Kalispell City Planning Board held meetings on May 14, 2002 and May 28, 2002 to consider the above referenced proposal. On May 14, 2002 the Kalispell City Planning Board held a public hearing to consider a request by Wolford Development Montana, LLC for an amendment to the Kalispell City County Master known as Glacier Mall Mixed Use Development. This would amend the master plan on approximately 232 acres on property located near the northeast corner of LaSalle Road and East Reserve Drive. The entire project site contains approximately 247 acres. 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 primary purpose of the master plan amendment is to facilitate the construction of Glacier Mall, a 750,000 square foot indoor mall on approximately 80 acres. And to accommodate future commercial and mix used expansion on the remaining 167 acres of the project site. If the master plan amendment were approved, annexation of the property to the city of Kalispell and assignment of appropriate zoning would be undertaken immediately Narda Wilson representing the Tri-City Planning Office presented a staff report to the board evaluating the request and recommended approval of the proposal with amendments. The Kalispell City Planning Board held a public hearing on Tuesday, May 14, 2002 to consider this plan amendment. As part of the applicant's presentation to the board, amendments to the staff report were proposed. There were a large number of people in attendance at the public hearing and many of them spoke both in favor and in opposition. Because of the late hour and volume of information, the matter was continued until May 28, 2002. At the May 14, 2002 planning board meeting the applicant proposed some amendments to the Tri-City Planning Office staff report. Those comments were evaluated by the staff and an amended staff report was presented to the planning board at their May 28, 2002 special meeting with some recommended changes. Action Providing Community Planning Assistance To: ® City of Kalispell • City of Columbia Falls • City of Whitefish Glacier Mall Mixed Use Development Master Plan Amendment June 6, 2002 Page 2 was taken at that meeting with the planning board making a recommendation for approval on a vote of five in favor and one opposed. Minutes from both planning board meetings, the amended staff report, resolution, public testimony and other related materials along with the recommendation from the planning board are being forwarded to you with this memo. Two staff reports are being forwarded to the Kalispell City Council for information and review. One staff report notes the changes to the initial staff report with comments on the amendments. The other staff report is a clean copy as amended. It is our understanding that the Kalispell City Council has scheduled a public hearing at a special meeting Monday, June 24, 2002. No action is scheduled for that meeting, but the matter will be placed on the agenda for city council consideration at their regular meeting of July 1, 2002. At that meeting the city council will consider whether to adopt, revise or reject the proposal for the master plan amendment. If this board can be of further assistance to the city council regarding this matter please do not hesitate to contact me or other members of the board or Narda Wilson, Senior Planner with the Tri-City Planning Office. Sincerely Kalispell City Planning Board Ron Van Natta President RVN/NW Attachments: Attachment A Amended Staff Report KMPA-02-2 and application materials Amended and Annotated Staff Report KMPA-02-2 Minutes from 5/ 14/02 planning board meeting Draft minutes from 5/28/02 planning board special meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Wolford Development Montana, LLC, Four Squares Business Center, 1200 Mountain Creek Rd., Ste 102, Chattanooga, TN 37405 Architecture+, Washington Plaza, Ste 400; 300 Washington St., Monroe, LA 71201 K Kalvig, Kaufman, Vidal & Hileman, PC, Box 728, Kalispell, MT 59903 John Parsons, 725 Ninth Ave West, Kalispell, MT 59901 Owners of Record H: \FRD0\TRANSMIT\KALISPEL\2002 \KMPA-02-2.DOC DEVELOPMENTGLACIER MALL MIXED USE REQUESTOR MASTER PLAN AMENDMENT TRI-CITY PLANNING OFFICE STAFF REPORT .. MAY 21, •• 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 and High Density Residential, and Public. A public hearing has been scheduled before the Kalispell City Planning Board for May 14, 2002 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: On July 9, 2001 Wolford Bevelopiment, 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 proeess---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. Not Accepted - Note: A special public hearing was scheduled by the Kalispell City - County Planning Board and the matter was hear concurrently before the county commissioners and prior to city council review, hence the application was expedited as stated in the staff report. 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 1 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. 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 as continued to pursue the development proposed. Accepted - Note: This suit has continued to languish, but is not related to pursuit of the development proposal but is an issue of process and review between the city and the county. 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. 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. - =r211DW�9M.NK :„ ON. no Accepted in Part - Note: This statement was intended as a conclusion to the foregoing discussion regarding the status of master plan review in absence of clear interpretation or direction from the AG's Office. Staff would offer the following replacement language. BQtth 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. 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 Bevelopment Wolford Development Montana, L,LC, 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. 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, L LC 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 11 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. 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 5 as Assessor's Tracts 7, 7E, 7EB, 7ED, 7G, 7J, 7F, 3A, 3B and 3BA 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-1H, 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 Although 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. Accepted — Note: Some replacement language is underlined revisions appear to be anticipated. In order to provide a framework for analysis and evaluation of the proposal, an outline of general public -interest criteria has been developed using basic, common sertoe issues related to a proposed change in land use for the are7a. The criteria for evaluation will be established as follows: Accepted — Note: Staff has no objection to the changes. 6 ® 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 since there is no clear mechanism for integrating a development plan such as tha± being proposal into the overall doettment. 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. Accepted - Note: There is no objection to the changes. Has there been a change of proposed 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 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 7 "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. Accepted in Part and Amended Slightly - Note: The unintended consequences of excess retail can "marginalize" existing businesses. Also the big box retail phenomenon notes cited above come from the 1998 American Planning Association, AICP Press, "Belling the Big -Box: Planning for Large Scale Retail Stores and can be found at www.asu.edu.caed/proceedings98/Duerk/duerk/html. 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. M Does the proposed plan amendmentoverall goals and objectives of the master plan when considering the specific elements of the plan? Growth Management: 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" 1(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 serviced by the City of Kalispell. It is anticipated that the facilities plan will be completed within the next three to six months. M 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 dramatically alter the established land use patterns within the city of Kalispell. This commercially designated —area Accepted - Note: Not critical information somewhat speculative. 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. in 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 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 this 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. -• - - • - .•• - 1- • •9-1 - • I IZ-A I/. I IVIto ATIVIZ14 We]- - Ml 11 Accepted in Part and Amended - Note: The revised language addresses the applicants desire as well as the staffs to designate this area as Commercial and the concerns of providing a transition between the residential and commercial uses as well as developing the roadway and a critical transition zone. s _ _ ■•l'.�l'KW1WJ9486OIL /vlirl4IM9 SfiRlU■0►Ji-JtO�l�l<�t��������lKl�r��H\L�d7f�J�A�I:J•�Ja�J�1�A1K�t�l�l�����l�ft�l[��A •.�� •l�l•UI�J��•l•�••C�•�Rs��•!_�•��l�J•l►7.1•�I►��f:7t�l�f ••11[':.��R�11•�'�/�11�re��t�l•J••�••l�l�•J����•11�11•l�i'.'.11�l+:l KJA7��JItR•hJ��JL�lJ�1�t�1Kl�•l�J�p•�Sr1�1���•���rl����t:A•!'.A'i�l�ll..l•�1►t�71ll1rJ••�I����111�11�J�11•�/•��•t_J■ • • • • • •. - • - ••. - !... _ •• ._ • � • ' • il�JMls7lA��t�A7�il�J�\O.[�r.:��:1��t�•���l�J.ts a •. � oL#,e-*L SWQLCeS-WeCif1CQ11V toJTOViii.e - -� - • •- - t••.-�.. • • .. �._•... !"• !"• Accepted in Part — Note: The remaining portion of this statement does have some relevance to the master plan goals of integrating mixed use development. 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 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. Accepted in Part and Modified - Note: This is factual information that has some bearing on this proposal because of the relative size of the project and consideration should be given to the "interconnectedness" of these cumulative decisions. Staff would recommend leaving this language in the report. Modified and additional language is added below to give perspective to the application: The retail industry nation-wide 19 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 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 1.1 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. •- - -• - M. _•• - . H • M. - - RMIR• W. - 10, Eco�: 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 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. M Environmental Considerations: (Pontrary to the staternent in the an-nheatiO117-th-a± "there are no siffnifteant eonstrnints.." there are aignifican± considerable constraints sso i d with ihe 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 significan measurable portion of the site has environmental constraints due to the 100 year floodplain designation. Accepted in Part and Amended - Note: Perhaps there was some concern regarding the use of "significant" which could be replaced with the word "considerable" along with further clarification regarding the amount of floodplain present on the site. The following language at the end may help to clarify the issue with approximately 18 percent of the site has a 100 year floodplain designation. 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 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. The %blie nortion of the site may need to be expanded as a res-dit of fEurther study of the floodplain in the area may r be in order to protect the integrity of the stream and s r .amb .d. 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 17 the installation of a culvert or bridge and any further engineering on the roadway that might be required. Accepted in Part and Amended- Note: This is information that could be important to the determination of the Public area within the site and should probably be noted in the staff report and is important to protection of the stream and stream bed as well as the 100 year flood flows. 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 and provide a good opportunity for __hanc_______t to _____-----_d_t_ _Wr-- ___--.___ ______-rr Storm water manag-ement has been a major concern for the development ofthis-area sinre--tlTere is no storm water system in the area. Th� ��=Mgemerrt of stornT-water has also been a concern expl-�-88�-d by -the public because Ulf fhll.-, P-0tential for groundwater degradation. TA developet has a ritne opportunity to address th.. issues at least in part by developing the e�dsting wetland area into a storm water retention basin while preserving this environmentally sensitive are Although ecitaitirtg wi engineered sobation to this issue, this are Onenepossibl . alternative could be pled to plant the area with grasses and reeds to filter and purify the storm water before it is filtered into the ground. 1 0 - M'111 a ME 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. T__ _ case of the In Evergreen area, there is ample credible informa-tio.. —ailable th—II- provides detaLl wtalyzds of the fanction of the local aquifer and how water moves between surf -ace, groundwater and rive, envitumnents. it is the documented e.-�dstence of this so-calle "interchange zone" that raises concerns about additional potential sources of norr-- point source pollutants in the Evergreen aTea. The FBe strong urges the KahspeH eity Planning Board to give protection of water cruality its highest priority when considering development " Attached to the 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- ..- -- - -; Community and Recreational Faci ' i _s: 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 lies the 100 year floodplain, as previously noted. In reality the 100 year floodplain goes beyond h area designated as Public in the development plan and further delineation of the area prone o floodingshould be determined and the public area ossib y expanded to include environmentally sensitive area, Le a �reas_prone to flooding. Not Accepted — Note: The areas indicated on the FEMA maps indicate the 100 year floodplain is an important environmental component of this proposal and the reason this area is being designated as Public is because it would not generally be considered a usable portion of the site. Until the a survey has been done correcting or amending the floodplain map, the above statement is factual. 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 19 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 P TD agreement. whiel� would include eurb, gutter, sidewalks on both sides (or in tiris case perhaps a. addition to the develo - --- - — - 'the roadway to a collector 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. Staff Note: The above language was amended slightly to provide less detail with regard to the development of this roadway and has been more simply stated. 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 separation between the development and the residences in the area. Accepted — Note: Minor amendment as this property will transfer to someone other than the developer. 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. Not Accepted — Note: Underlining this language appears unnecessary as Mr. Herzog notes his comments are preliminary. 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. 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. VMOB tordinitell� W. •s. Sticcessful acaoisitio-i •i .- s is SOLirces lZIO desigi W. - --s ?1 Staff Note: Some additional language was added for clarification. 99 Not Accepted and Accepted in Part— Note: Staff believes that this development will alter the traffic patterns beyond the immediately surrounding area and the already identified areas of priority concern in the transportation plan would appear to warrant mentioning. The additional language proposed could be added for further clarification As a provision of the master plan amendment approval. a traffic impact analysis and mitigation rep will be prepared by the developer to address the specific impacts of traffic from the proposed development site. Minor modifications to the number of signalized access onto LaSalle have been made. Community Facilities; Infrastructure and Public 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. 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 ?1 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." Accepted In Part — Note: This information could probably be considered overly analytical at this juncture of the process. The statement proposed by the developer should be included which states Specific issues will be addressed as specific development proposals are submitted. As part of the ongoing planning process the developer should prepare an en ing eering report addressing the proposed flows. Wate : 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 ?4 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. • // a - /• .. • . " 1/ ' • �► .. • - it . � 1 • . • // // " • • / • • // . - it • / 0 • • • - •. " • ! •/. ' �.. • • • • a e\%!l/R_rlAlU����l�l':[s1EllK►���lRl11t♦!1 l� [•l �! � •! 1K� r:.l �!! �! � t�l�J � �! �J! �! � IR�J• � �l11 � t•.� � G [7�! <t�1R�J<t � � ��i Llq�l t• i�! 1K�7�.� M � rrl�7� lt• �1�7 <t � � 1 R� � II r �1 tyil�!lLKwt♦ICAI 1A lR�'>•�JlillK�l4t�J/Q�7lR�>L�/K l�1Rl�!llK�. 11A/ l�rJtUiiJ��liJ l R� ! 111K[�11LiJ� atrlIm"JU-1 jl -\l _ i • • i WMIN _ lilloor.-ME&MVIN _ _ _ _ • :■ :�.. _ .. _ _ _ _ _ _ :■ i :■ �i • G i :i• Accepted in Part - Not Accepted — Note: Concerns regarding storm water management are key and the public works department as developed some comments which should be conveyed to the planning board and council. The reference to the wetland area may be premature and staff would recommend reiterating previous language submitted by the developer as follows: 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. Fire: 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 95 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 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 ?h 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 s 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 Accepted — Note: None 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. 97 Siffnifieant 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 r . on the south side of the site should be protected and enhanced as a natural m .ni y of the site --_,_.,_ '_,�,,:._ V all Transportation in and around the site are 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 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" and Resolution KMPA-02-213 and the submitted material an maxi as amended, Accepted— Note: The staff report will be amended and the resolution, the map should probably be refined before being used as an exhibit document. 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 ?9 of Commercial for the area along between LaSalle Road and west of Glacier War that is west nd south of Trumbull Creek except for the Park, High Density Residential for the area on the west between Trumbull Creek and Glacier Way north of the Park, High Density Residential on the triangular parcel on the cast side of Glacier Way north of and along East R .s .ry . Drive, High Density Residential along the east side of Glaci .r 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." Accepted — Note: The description provided by the applicant generally describes the area indicated on the map. 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. Accepted — Note: The submitted material is part of the application package. .in RESOLUTION NO.t 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, L.L.C. 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 0 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 Accepted — Note: The amended resolution addresses the amendments. Attachment 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 whicliprotects nrid enhancesthe natural environment. Accept in Part — Note: Protection of the natural environment is a priority consideration. F. To provide for safe and convenient traffic circulation on and off the site that adequate accommodates vehicular, pedestrian and bike traffic. .119 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 man as Commercial - PUD. Accepted — Note: Provides some further clarification. 2. That the PUD includes standards for an integrated architectural design and landscaping which provides pedestrian access within and between individual development sites. Signage shall— should be integrated with the overall architectural of the buildings and shall should comply with the Kalispell Zoning Ordinance or the PUD in the area covered by the PUD. On site streets and internal driveways sh- d should be designed to facilitate convenient internal circulation . Accepted in Part — Note: Pedestrian access is an important element and should be retained, but the developer is not expected to accommodate "all forms of access" and this should be deleted. Should rather than shall would be appropriate. 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 s'de 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 tho o ughfare with substantial . landscaping and setbacks . ks o provide for -an orderly transition from the more intense commercial and office uses to the west and the residential neighborhood to the east, Not accepted — Note: The north south collector functions not only as a roadway but contributes to the transition between commercial and residential. This is an important component of the road and this language should be retained. 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 giYeno maintaining the functional integrity of H3yy 2 by limiting the number of direct accesses onto the highway. Not Accepted — Note: The functional integrity of Hwy 2 is critical and limiting the number of accesses is a key concern. This language should remain. 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. Al ii Accepted - Note: This language is superfluous. 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 shall be enhaneed and should be maintained with special attention being given to maintaining the 100 year flood flows of Trumbull and Sprin Creeks, maintaining nriti ei-dinnein the integrity o the wetlands areas located on the site and integrating the ati�ral amenities o the creek and wetlands area into the overall development of the site r:aai�iEay:ala:ia•:a:apr:�:1:irw:aima:.rand aa:i:a••.r:t•:•atv as a whole. Accepted Accepted in part - Note: While enhancing the integrity of the natural environment may not be a reasonable expectation, maintaining the integrity of the natural environment is reasonable. The following additional language has been proposed by the applicants and should be included: I � M; 10 F-AffigTiTne Me, 0 � A 0 �- .r. -� ■ •r-r �- .-r OF 1111IFTMIRMIAMMA 15 .. •r r. r- rIM•r r•. , �- •urr- .r•. - �-r - - r • �• . r•. . r - . - .r. all, -� r • r- • _ r•. .rOamw- .r �r r•r --r . r •� . -� r MOMI ir . - AT a BROMIRS14 •• - - .-r.. r - - - The following additional language has been proposed by the applicants and should be included: • Gr •urr- •r r- ,- �- • - 1. .r. • r-. •.. -. r•.•• u. -r. r •rrrr- rr.._ • •_•.r r- - • OR 11-MM .r•._ .. r. rr -. _ .r.•.- .r•. - • .r•. r- •rrrr- . -r .r. r- -. • .. . r•. .r•. r- . •-r - r• .. �- .- - •.-. • •r .. - • r- .r •r .114