03. Resolution 4717/4718 - Adopting or Rejecting Master Plan Amendment - WolfordTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Wolford Development Montana, LLC Master Plan Amendment
for Glacier Mall Mixed Use Development
MEETING DATE: July 1, 2002
BACKGROUND: On June 24, 2002 the Kalispell City Council held a public hearing
on the Wolford Development master plan amendment proposal which was well
attended. Attached are two resolutions, a resolution to adopt and a resolution to
reject, an amendment to the Kalispell City County Master Plan as proposed by
Wolford Development Montana, LLC. The project, known as Glacier Mall Mixed Use
Development, is on approximately 232 acres. The entire project site contains
approximately 247 acres and is located near the northeast corner of LaSalle Road and
East Reserve Drive. 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.
The Kalispell City Planning Board held a public hearing on Tuesday, May 14, 2002 to
consider this plan amendment and continued the matter until May 28, 2002 when
action was taken. The planning board made a recommendation for approval on a vote
of five in favor and one opposed to adopt the amended findings along the with goals
and policies and land use map. The staff report, resolution, public testimony and
other related materials along with the recommendation from the planning board were
forwarded to the Kalispell City Council prior to the city council public hearing.
It may be noteworthy that amended findings were submitted to the Kalispell City
Council at the public hearing on June 24, 2002 by Wolford Development and by
Citizens for a Better Flathead.
This master plan amendment has been taken extremely seriously by the council, staff
and public. Wolford Developments original application is dated July 9, 2001. This
application proceeded through the process and was recommended for approval by the
then Kalispell City/County Planning Board on August 14, 2001. On the advice of
legal counsel, the City cancelled its September 17, 2001 public hearing on the
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Wolford Development Master Plan Amendment
June 26, 2002
Paget
amendment. This advice came as a result of several complicating factors both with
the project but more importantly with determining the appropriate process to proceed
under in light of legislative action regarding Master Plans, Growth Policies and the
ability for local units of government to amend the Master Plan.
After several months, the administration developed a process that it felt met the legal
requirements, providing property owners, residents and developers with an
opportunity to have projects reviewed by the planning staff, planning board and city
council. An essential component to the process is that the effective date of a master
plan amendment must run concurrently with annexation. Based on this approach,
Wolford Development submitted an annexation/initial zoning and initial master plan
designation request to the City of Kalispell on April 15, 2002. If the council ultimately
decides to approve the master plan amendment, Section I of Resolution #4717 states
"...said amendment being contingent upon and becoming effective upon the
annexation of said area into the City of Kalispell". Because appropriate zoning is
required for any annexation the Master Plan amendment will not become effective
until the zoning and Planned Unit Development are negotiated and approved.
RECOMMENDATION: A motion to adopt, amend or reject the proposed master plan
amendment may be appropriate.
FISCAL EFFECTS: Undetermined.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Narda A. Wilson
Senior Planner
Report compiled: June 26, 2002
Cc: Theresa White, Kalispell City Clerk.
H: \... \TRANSMIT\KALISPELL\ KMPA \02 \KMPA02-2EM03.DOC
Chris A. Kukulski
City Manager
RESOLUTION NO. 4717
A RESOLUTION ADOPTING A RECOMMENDED AMENDMENT TO THE KALISPELL
CITY -COUNTY MASTER PLAN.
WHEREAS, the Kalispell City -County Master (Comprehensive) Plan was
originally adopted by the Kalispell City Council on
October 17, 1974 and by the Flathead Board of County
Commissioners on October 14, 1974, and
WHEREAS, a comprehensive amendment and update to the Kalispell
City -County Master (Comprehensive) Plan was adopted by
the Kalispell City Council on April 7, 1986 and by the
Flathead Board of County Commissioners on February 6,
1986, and
WHEREAS, Wolford Development Inc. and Stokes and Associates, on
the 9th day of July, 2001, made an application to amend
said Master Plan by changing the designation on
approximately 144 acres of land located generally on the
East side of LaSalle Road (U.S. Highway #2), North of
East Reserve Drive and West of Granite View Subdivision,
described as Assessor's Tracts 7, 7G, 7J, 7F, and 3BA,
Section 28, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana, from "Industrial",
"Agricultural" and "Residential" to "Commercial" and
WHEREAS, on August 14, 2001, the Kalispell City -County Planning
Board held a public hearing, after due and proper notice,
received public comment upon, and received Flathead
County Planning and Zoning Office report #KPA-01-102,
which evaluated the proposal based upon the goals and
objectives of the Master Plan, the purpose of zoning and
current circumstances in the planning jurisdiction, and
WHEREAS, at the conclusion of said public hearing and after
consideration of the proposed amendment, the Kalispell
City -County Planning Board, adopted report #KPA-01-102,
as the findings of fact and recommended approval of the
proposed master plan amendment, and
WHEREAS, the City Council of the City of Kalispell scheduled a
public hearing on the amendment on September 17, 2001,
but it was canceled on the advice of legal counsel, and
WHEREAS, Wolford Development Inc., on the 15th day of April, 2002,
submitted to the City of Kalispell a Petition for
Annexation and an Annexation/Initial Zoning and Initial
Master Plan Designation Request to the City of Kalispell
to amend said Master Plan by changing the designation on
approximately 232 acres of land located generally on the
East side of LaSalle Road (U.S. Highway #2), North of
East Reserve Drive and West of Granite View Subdivision,
described as Assessor's Tracts 7, 7E, 7EB, 7ED, 7G, 7J,
7F, 3A, 3B and 3BA, Section 28, Township 29 North, Range
21 West, P.M.M., Flathead County, Montana, from
"Industrial", "Agricultural" and "Residential" to
"Commercial" and
WHEREAS, on May 14, 2002, the Kalispell City Planning Board held
a public hearing, after due and proper notice, received
public comment upon, and received Tri-City Planning
Office report #KMPA-02-2, which evaluated the proposal
based upon the goals and objectives of the Master Plan,
the purpose of zoning and current circumstances in the
planning jurisdiction, and
WHEREAS, on May 28, 2002, after consideration of the proposed
amendment, the Kalispell City Planning Board amended and
adopted report #KMPA-02-2, as the findings of fact and
recommended approval of the proposed master plan
amendment, and
WHEREAS, on June 3, 2002, the City Council of the City of
Kalispell considered it advisable that they consider the
proposed Master Plan Amendment and the recommendations of
the Kalispell City Planning Board, and adopted a
Resolution of Intention to Adopt, Revise or Reject a
Proposed Amendment to the Kalispell City -County Master
Plan (Resolution 4707), and
WHEREAS, on June 24, 2002, the City Council met, held a Public
Hearing, and heard public comment on said proposed Master
Plan Amendment, and
WHEREAS, based upon the amended report (#KMPA-02-2), the Minutes
and recommendations of Kalispell City Planning Board, and
the input received at the hearing of June 24, 2002, the
Council may, under § 76-1-102, MCA, amend the Master Plan
if such amendment will: 1) encourage local governments to
improve the health, safety, convenience, and welfare of
its citizens, 2) plan for future development of
communities so that highway systems are carefully
planned, 3) assure community centers grow only with
adequate highway, utility, health, educational and
recreational facilities, 4) observe needs of agriculture,
industry, and business in providing for future growth; 5)
provide for healthy surroundings for family life in
residential areas, 6) promote the efficient and
economical use of public funds in growth, and
WHEREAS, the City Council hereby adopts Tri-City Planning Office
amended report KMPA-02-2 as findings of fact.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That pursuant to Section 76-1-604, MCA, the
City Council of the City of Kalispell hereby
adopts the requested amendment to the
Kalispell City -County Master Plan, said
amendment consisting of changing the plan for
the area described above, from industrial,
residential and agricultural to commercial,
and said amendment being contingent upon and
becoming effective upon the annexation of said
area into the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 1ST DAY OF JULY, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
RESOLUTION NO. 4718
A RESOLUTION REJECTING A RECOMMENDED AMENDMENT TO THE KALISPELL
CITY -COUNTY MASTER PLAN.
WHEREAS, the Kalispell City -County Master (Comprehensive) Plan was
originally adopted by the Kalispell City Council on
October 17, 1974 and by the Flathead Board of County
Commissioners on October 14, 1974, and
WHEREAS, a comprehensive amendment and update to the Kalispell
City -County Master (Comprehensive) Plan was adopted by
the Kalispell City Council on April 7, 1986 and by the
Flathead Board of County Commissioners on February 6,
1986, and
WHEREAS, Wolford Development Inc. and Stokes and Associates, on
the 9th day of July, 2001, made an application to amend
said Master Plan by changing the designation on
approximately 144 acres of land located generally on the
East side of LaSalle Road (U.S. Highway #2), North of
East Reserve Drive and West of Granite View Subdivision,
described as Assessor's Tracts 7, 7G, 7J, 7F, and 3BA,
Section 28, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana, from "Industrial",
"Agricultural" and "Residential" to "Commercial" and
WHEREAS, on August 14, 2001, the Kalispell City -County Planning
Board held a public hearing, after due and proper notice,
received public comment upon, and received Flathead
County Planning and Zoning Office report #KPA-01-102,
which evaluated the proposal based upon the goals and
objectives of the Master Plan, the purpose of zoning and
current circumstances in the planning jurisdiction, and
WHEREAS, at the conclusion of said public hearing and after
consideration of the proposed amendment, the Kalispell
City -County Planning Board, adopted report #KPA-01-102,
as the findings of fact and recommended approval of the
proposed master plan amendment, and
WHEREAS, the City Council of the City of Kalispell scheduled a
public hearing on the amendment on September 17, 2001,
but it was canceled on the advice of legal counsel, and
WHEREAS, Wolford Development Inc., on the 15th day of April, 2002,
submitted to the City of Kalispell a Petition for
Annexation and an Annexation/Initial Zoning and Initial
Master Plan Designation Request to the City of Kalispell
to amend said Master Plan by changing the designation on
approximately 232 acres of land located generally on the
East side of LaSalle Road (U.S. Highway #2), North of
East Reserve Drive and West of Granite View Subdivision,
described as Assessor's Tracts 7, 7E, 7EB, 7ED, 7G, 7J,
7F, 3A, 3B and 3BA, Section 28, Township 29 North, Range
21 West, P.M.M., Flathead County, Montana, from
"Industrial", "Agricultural" and "Residential" to
"Commercial" and
WHEREAS, on May 14, 2002, the Kalispell City Planning Board held
a public hearing, after due and proper notice, received
public comment upon, and received Tri-City Planning
Office report #KMPA-02-2, which evaluated the proposal
based upon the goals and objectives of the Master Plan,
the purpose of zoning and current circumstances in the
planning jurisdiction, and
WHEREAS, on May 28, 2002, after consideration of the proposed
amendment, the Kalispell City Planning Board amended and
adopted report #KMPA-02-2, as the findings of fact and
recommended approval of the proposed master plan
amendment, and
WHEREAS, on June 3, 2002, the City Council of the City of
Kalispell considered it advisable that they consider the
proposed Master Plan Amendment and the recommendations of
the Kalispell City Planning Board, and adopted a
Resolution of Intention to Adopt, Revise or Reject a
Proposed Amendment to the Kalispell City -County Master
Plan (Resolution 4707), and
WHEREAS, on June 24, 2002, the City Council met, held a Public
Hearing, and heard public comment on said proposed Master
Plan Amendment, and
WHEREAS, based upon the amended report (#KMPA-02-2), the Minutes
and recommendations of Kalispell City Planning Board, and
the input received at the hearing of June 24, 2002, the
Council may, under § 76-1-102, MCA, amend the Master Plan
if such amendment will: 1) encourage local governments to
improve the health, safety, convenience, and welfare of
its citizens, 2) plan for future development of
communities so that highway systems are carefully
planned, 3) assure community centers grow only with
adequate highway, utility, health, educational and
recreational facilities, 4) observe needs of agriculture,
industry, and business in providing for future growth; 5)
provide for healthy surroundings for family life in
residential areas, 6) promote the efficient and
economical use of public funds in growth, and
WHEREAS, the City Council hereby adopts Tri-City Planning Office
amended report KMPA-02-2 as findings of fact.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That pursuant to Section 76-1-604, MCA, the
City Council of the City of Kalispell hereby
rejects the requested amendment to the
Kalispell City -County Master Plan, said
amendment consisting of changing the plan for
the area described above, from industrial,
residential and agricultural to commercial.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 1ST DAY OF JULY, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk