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Proposal fails to comply with code

| June 29, 2006 12:00 AM

Editor,

The Polson City Council will hold a public hearing tonight, June 29, at the Polson High School auditorium at 6 p.m. to hear the public regarding the request by Wal-Mart to approve their request to build a supercenter south of the existing facility. I encourage all interested citizens to attend and voice their views.

I believe the only question the Polson City Council must address is whether this proposal conforms with Polson's development code. This code governs new development in Polson. Below are five citations from the code and the reasons this proposal fails to comply:

1. Ch. I, I. "Burden of Proof. The responsibility for demonstrating compliance with these regulations is the developer's." Wal-Mart has not proved its proposal complies with the code.

2. Ch. VIII, A. "This chapter establishes the Transitional Zoning District (TDZ), the purpose of which is to provide for a well planned transition from predominantly single-family residential to … commercial uses in specific areas identified in the plan." Wal-Mart's proposal does not include any transition from the proposed supercenter to the residential area to the east of the property.

3. Ch. X, A. "This chapter establishes the Highway Commercial Zoning District (HCZD), which provides a place for commercial uses that rely on easy automobile access … The view from the highway is critical to the city's image …

Ch. X, D. "Performance Standards. All developments shall comply with … the following additional performance standards.

Sub-1. No Strip. Development in the HCZD shall be designed and constructed to minimize the functional and appearance problems associated with the strip development pattern. Conditions to be minimized … include: …

b. a view from the road that is dominated by vehicles, asphalt, and signs."

The Wal-Mart Super Center will greatly expand the Highway 93 strip south of Polson. It will also degrade the view from the highway, which, because of the size of the 700 car parking lot and the large signs, will be dominated by vehicles, asphalt and signs. This proposal blatantly violates these provisions of the code.

4. Ch. XI, A. "This chapter establishes the Central Business Zoning District (CBZD), which encompasses the 'commercial core' of the city, and provides a place for the redevelopment or development of uses that depend on pedestrian circulation and a central location." Wal-Mart's proposed supercenter would dramatically shift the "commercial core" of Polson to the south edge of town, in violation of the code's provision encouraging "redevelopment" of downtown.

5. Ch. XVIII, Z. "Views to Flathead Lake. … Views to Flathead Lake … are a valuable resource, and should generally not be blocked, even by development that otherwise complies with these regulations." Wal-Mart's proposed supercenter would block the north view from Highway 93 near Memory Lane that now includes Flathead Lake and the north end of the Mission Mountains. In addition, it does not otherwise comply with these regulations.

The Polson Development Code and Master Plan clearly define preserving Polson's small town atmosphere and maintaining the beautiful views associated with Polson's location on the south shore of Flathead Lake as primary goals. This proposal fails on every level to comply with these requirements. Consequently, the city council has an easy decision to make tonight. Under current law, the zoning change request must be rejected.

Jay Wilson Preston

Charlo