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Community Meeting on Wal-Mart

Saturday, November 16, 2002

Sponsored by
The Coalition of Tri-Lakes Communities

www.CoalitionTLC.org

John Heiser, Coordinator
P.O. Box 1763, Monument, Colorado 80132
(719) 488-9031 FAX (719) 488-3455 info@CoalitionTLC.org

Topics

The Coalition and The Purpose of This Meeting
What Happened in Monument, Status of the Proposal to the County
Dimensions, Zoning, Water and Sewer, Taxes
Comparison to the Master Plan and Covenants
Traffic and Environmental Impact
Crime and Business Impact
The Bottom Line. Is It a Done Deal? What’s Next? How to Participate
Break, Questions and Answers

The Coalition

Formed in 1999 in response to proposals for two concrete batch plants in Monument. As additional project proposals such as the Supercenter Wal-Mart on Baptist road were submitted, the Coalition formed committees to address those plans.
Mission: Help maintain the character and unique quality of life of the Tri-Lakes area.
No membership fees or other membership requirements. The Coalition is entirely funded by donations.

The Purpose of This Meeting

Review the Wal-Mart proposal and solicit residents’ questions and concerns.
Inform residents on how to participate in the process.
Identify those who want to actively fight this ill-conceived proposal.

What Happened in Monument

1999: Wal-Mart agent Goldberg Property Associates approached Monument proposing to build a Supercenter on Baptist Road across from King Soopers.
Goldberg appeared before the Public Works Committee but road improvement issues remained with the project. Rather than resolve the issues, Wal-Mart elected to put the project on hold in mid-2000.
The project was never heard by the Monument Planning Commission or the Board of Trustees

Status of the County Proposal

April 23, 2001: A pre-application conference was held between county planning staff and Goldberg.
September 21 and October 8, 2002: Goldberg submitted portions of its application.
County DOT and the planning department requested a revised traffic impact analysis.
The county attorney’s office is in negotiations with Goldberg.

County Proposal (cont.)

Requirements discussed at the pre-application conference:
Rezoning of the parcel to Planned Business Center (PBC)
A full north/south connection to Jackson Creek Parkway/Struthers Rd. to be guaranteed in conjunction with the project.
300 years of water availability (or waiver)
Coordination with Monument prior to submittal
Chaparral Hills neighborhood meeting
Address design/visibility issues

The Proposed Store

24 hr/day Supercenter with grocery store, garden shop, tire-lube-tune-up express, and gas station:
186,245 square foot structure (4.3 acres)
24 ft. high
Parking for about 930 cars on 18 acres of parking lot
30 acre parcel owned by Uwe Schmidt, Beverley Miller, and Ken Barber.
For comparison, Safeway is about 65,000 sq. ft. and King Soopers is about 87,000 sq. ft.

Vicinity Map

The Site

Photo courtesy Our Community News

Site Plan

Zoning

The parcel is zoned R-4, an obsolete County zoning which for commercial retail translates to the current Planned Business Park (PBP). PBP is for retail sales and services "that primarily serve an adjoining neighborhood or neighborhoods."
Supercenter Wal-Mart requires rezoning to Planned Business Center.
Planned Business Park (PBP) - Current Zoning
Planned Business District (PBD)
Planned Business Center (PBC) - Two steps more intense than current - required for regional centers

Zoning (cont.)

Permitted principal uses in a Planned Business Park:

Bakery, Retail
Bar
Child Care Center
Community Building
Emergency Facility
Financial Institution
Hospital
Laundromat
Laundry
Library
Medical Clinic
Museum
Office
Parking Lot/Garage
Proprietary School
Public Park/Open Space
Religious Institution
Repair Shop
Restaurant
Store

Zoning (cont.)

The letter of intent requests Planned Unit Development (PUD) zoning saying their use of the PUD zoning "encompasses land uses similar to the R-4 zone." That is false.
PUD is intended for innovative approaches to clustered residential designs and combinations of light retail and residential with parks, recreation areas, and open space.
The proposed Wal-Mart plan includes no housing, parks, or recreation areas, and almost no open space. Wal-Mart needs PBC not PUD.

Water and Sewer

Water and sewer would be supplied by the Triview Metropolitan District that provides utilities to the Jackson Creek development.
Triview says they have sufficient water for Wal-Mart but any additional development will require that a new well be drilled.
Triview says they also need to start planning for an expansion of the sewage treatment plant.

Public Improvement Corporation

Wal-Mart would pay 3% as a "retail sales fee" to a Public Improvement Corporation (PIC). Half would go to Triview. Half would go to pay off municipal bonds used for a variety of projects.
The PIC would be a private non-profit corporation not subject to TABOR. According to Peter Susemihl, Triview attorney, the board of directors would be "Wal-Mart people" - not elected officials.
Without public meetings, these "Wal-Mart people" on the PIC board would decide what road improvements are to be done and when.

PIC (cont.)

What sort of road access would Wal-Mart’s competitors have once the improvements are done?
In addition to expansion of Baptist Road, the PIC could finance the construction of Jackson Creek Parkway-Struthers Road planned to extend from Highway 105 to Northgate as a four lane (2 in each direction) divided road. This is typically what big box stores seek as locations.
Think of North Academy Blvd. in the Springs.

PIC (cont.)

On August 28, 2002, the Triview Board unanimously approved a resolution authorizing creation of the PIC.
At last report, the county had not received anything written describing the PIC.
Details are being negotiated by the county attorney’s office.

Taxes

Estimated initial annual sales: $45 million.
It would not be unusual for a Wal-Mart this size to reach $100 million/year.
Projected income to the PIC:
$1.4 million to $3 million/year
Triview would get $700,000 to $1.5 million

Taxes (cont.)

Monument’s General Fund budget for 2002 is about $2.5 million.
Monument’s sales tax revenue (King Soopers, Safeway, etc.) is about $1.5 million.
84% of Wal-Mart sales are taken from existing businesses Source: PBS Store Wars
If that translates into even a 33% reduction in sales at stores in Monument, sales tax revenue would decline $500,000. Approximately seven Town employees would be let go of which 3-4 may be police officers.

County Policy Plan

Promote economic development alternatives that place the lowest strain on available infrastructure…
Encourage new development which is contiguous and compatible with previously developed areas in terms of factors such as density, land use, and access.
Protect viable residential properties from the adverse impacts of major roadways and other potentially incompatible land uses.
Ensure that new development will not create a disproportionately high demand on public services and facilities…

County Policy Plan (cont.)

Encourage the logical timing and phasing of development to allow for the efficient and economical provision of facilities and services.
Ensure that proposed zone changes in established neighborhoods are of compatible scale and physical character.
Support growth and development in a manner which reasonably limits long term public costs, provides development of supporting infrastructure, preserves environmental quality…and otherwise enhances the quality of life.

Tri-Lakes Comprehensive Plan

Vision: A future for the area that preserves the natural character and established land use patterns while providing for well-planned and complementary new growth.
Mission: To accommodate growth that preserves and enhances the natural environment, character, history, and visual beauty of the Tri-Lakes area.

Comp Plan (cont.)
Gleneagle-Academy View-Land Use Scenario

Commercial and non-residential type land uses should be located in areas designated as mixed use and should be designed in a manner sensitive to existing residential uses. (Mixed use: A combination of uses including residences of varying types and densities…designed to ensure compatibility and minimize transportation and environmental costs and impacts.)
Parcels planned for commercial development along Baptist Rd. should be encouraged to merge into the Town of Monument.

Comp Plan (cont.)
Gleneagle-Academy View Land Use Scenario

Safe and efficient roads should be provided.
Improve the Baptist Rd./I-25 interchange and include parallel pedestrian and bicycle access.
All development that occurs within the I-25 corridor should be coordinated with the I-25 visual overlay.
I-25 visual overlay includes: "To discourage development with conspicuously large surface parking areas."

Chaparral Hills Covenants

"Section 21. Adjacent Property: Purchasers of lots in Chaparral Hills agree to commercial development of the 30 acres more or less located Northwest of Chaparral Hills, in a manner compatible with maintaining property values of Chaparral Hills."
Zoned by the developer as R-4 which allows neighborhood retail. Wal-Mart or any destination retail large box store cannot be built on this site with present zoning and is incompatible with the historical zoning.

Covenants (cont.)

Most property owners would not have a problem with this site being developed in a manner consistent with the historical zoning.
Chaparral Hills property owners bought their lots based on these covenants and expect that the use would be no greater than allowed by the zoning on the property.
This project is not compatible with the covenants.

Traffic and Environmental Impact

Traffic Impact
Assumptions, Generated Trips, Level of Service
Access to the store and properties to the east
Safety
Baptist Road/I-25 Interchange
Environmental Impact
Appearance, Outdoor Storage and Trash
Light Pollution and Noise
Groundwater Contamination
Mouse

Traffic Impact Analysis

Assumes Lots 2 and 3 would be "general retail." Yet Lot 2 is shown as a gas station and Lot 3 would probably be a fast food restaurant, convenience store, or drive-through bank and generate 2x-4x the traffic in the traffic study.
Assumes 50% of the traffic will come from the east. Population figures show this would require everyone living east of the site to stop at the site at least once a day. Therefore the assumption is invalid and more traffic than shown would come through I-25/Baptist interchange.

Generated Trips

The total number of new trips per day using realistic assumptions: 11,512. That will double the traffic on Baptist Road west of Jackson Creek Parkway.

  Lot 1

Lot 2 & 3

Total
Total Trips Generated
Avg. Weekday

 

8,660

 

6,552

 

15,212

Passer By Trips

17%

34%

 

Total New Trips Generated Avg. Weekday

7,188

4,324

11,512

Level of Service

This project would reduce the speed westbound on Baptist Road to 17.5 miles per hour.
Given the improvements to Baptist Road Wal-Mart proposes to make as part of this project, the intersections at Leather Chaps, Struthers Road, and I-25 would all be at LOS F, the worst there is.

Store Access

Access to properties to the east

Safety

Short right-turn lane: Eastbound Baptist to southbound Jackson Creek Parkway would be less than half the required 420 feet.
Steep grades: Eastbound Baptist at Jackson Creek Parkway grade is about 9%. The maximum grade the county code allows approaching a stop light is 4%.
Increased traffic: This project would double the traffic on Baptist road.
No sidewalks or bike paths

Safety (cont.)

Wal-Mart parking lots were listed as three of the top seven highest accident prone street blocks in Colorado Springs. (Source: Gazette 1999)

Safety (cont.)

Photo courtesy Our Community News

Baptist Rd. I-25 Interchange

Dan Hunt of CDOT: This interchange was moved up in CDOT’s redesign timetable due to traffic volume and the bottleneck and sight distance problems with the existing interchange.
The redesign of the Baptist Interchange will be completed in the next few months.
Money for construction is not on the PPACG list through 2007.
The prospect for funding is complicated by Colorado’s budget problems.

Baptist Rd. I-25 Interchange (cont.)

At the NEPCO meeting June 1, 2002, Carl Schueler, Assistant Director of County Planning, said, "No matter how much Wal-Mart contributes to Baptist Road improvements, the day it goes in, it would kill the interchange."

Appearance

4.3 acre store
18 acres of parking lot
Some parking bay would have 24 cars without islands or plantings (vs. King Soopers max. of 9 cars per bay with plantings at either end)
Buffer from residential area previously proposed as 6’ wooden fence and mix of trees more than 15’ apart, wouldn’t meet minimum requirements for most cities.

Outdoor Storage and Trash

It is common practice at many Wal-Marts to leave surplus equipment and trash behind the store.
Pictures
8th St. Colorado Springs Store
Chapel Hills Colorado Springs Store
Castle Rock Store

Photos taken March through July 2000 by Coalition members

8th Street Store

Up

Chapel Hills Store

Up

Chapel Hills Store

Castle Rock Store

Up

Castle Rock Store

Light Pollution and Noise

Lighting proposed to use 30’ poles (vs. King Soopers est. 20’ poles) => Increased glare and light pollution
Noise from
Increased volume of traffic
Wal-Mart trucks and trailers
Overnight RV parking

Groundwater Contamination

Drainage from 25 acres would flow into a 2.5 acre detention area on the southwest corner which would then flow west via a ditch into Jackson Creek and the wetlands
Chemical contaminants include parking lot de-icers and fertilizers and pesticides from the garden center
Petroleum product spills from cars and trucks on the lot and at the tire/lube/tune-up express and the gas station could be washed by storm water into the detention area.

Contamination (cont.)

One dangerous gasoline additive is Methyl Tertiary Butyl Ether (MTBE).
MTBE has been used to increase gasoline octane and reduce emissions.
MTBE is a potential human carcinogen. (US EPA)
It is highly water soluble and difficult to remove.
Most states including Colorado have some groundwater MTBE contamination.
Not generally added to gasoline in Colorado. Could be brought in by vehicles from other states.

Preble's Meadow Jumping Mouse

Mouse (cont.)

8-10 inches long rodent, 60% tail, large hind feet, characteristic broad dark brown streak from head to tail.
Nocturnal. Feeds on insects, seeds, fungus, fruit
Hibernates from Sept./Oct. until May
Eastern Wyoming to Colorado Springs
Riparian habitat - on the banks of rivers and streams. Ranges into adjacent undisturbed grasslands and nearby water sources to feed and hibernate

Mouse (cont.)

Designated as a Threatened Species in 1998
Endangered Species Act prohibits individuals and land owners from activities that will harm listed species.
Wal-Mart’s habitat study done Oct. 1999 during Preble's hibernation phase. No trapping done.
US Fish and Wildlife Service expressed concern about potential downstream impacts on mouse habitat.
Goldberg never responded to environmental attorney Rich McDonald’s letters.

Crime

Colorado Springs Wal-Marts typically average 1-3 calls per day.
Top category: Theft. Others include suspicious persons, medical emergencies, traffic accidents, and domestic disturbances.
With only two sheriff’s deputies for northern part of the county, Monument officers would have to respond.

Business Impact

Wal-Mart is the largest retailer in the world with more than 1.2 million employees.
Wal-Mart currently opens a new store every other day. By 2004, they plan to open a new store every day.
As of April 2001, there were 2,971 open Wal-Mart stores in the US and 366 closed stores. Colorado had 51 stores open and 6 closed Wal-Marts.

Business Impact (cont.)

There are five Wal-Marts in Colorado Springs with another one proposed near Woodmen and Meridian.
The Chapel Hills Wal-Mart is less than 10 minutes from the proposed site.
The Castle Rock Wal-Mart is about 17 miles from the proposed site.
Monument has worked to attract small business to the historic downtown area. Money spent in locally-owned businesses is recycled through the community four to five times.

Business Impact (cont.)

Bringing a large discount store to the Baptist Road area would divert commercial focus from the downtown area and would likely destroy many of the small businesses local residents have worked hard to build.
A 1995 study by University of Massachusetts Professor Barnes found that having a Wal-Mart does not stimulate sales at other local businesses and does not increase employment levels. Source: PBS Store Wars
Construction of Wal-Mart Supercenters has devastated many other small towns across America. That is not what most of us were hoping for in the Tri-Lakes area. 

Abandoned Stores

Wal-Mart has left behind more than 25 million square feet of unoccupied space across the country (May, 2000). In one Kentucky town, an empty Wal-Mart was torn down at taxpayers' expense. Source: PBS Store Wars
If Wal-Mart were to abandon the store or use it as a warehouse, the bonds issued by the PIC would be worthless.
Would Triview residents have to make good on that indebtedness since Triview authorized the PIC?

Bottom Line

The Monument Planning Commission and Board of Trustees never voted on it.
Goldberg is proposing to "shoehorn" a giant store onto this 30 acre parcel.
Requires the most intense commercial zoning, two steps more intense than the existing neighborhood-oriented commercial.
Is not consistent with the county policy plan, the Tri-Lakes comprehensive plan, or the Chaparral Hills covenants.
Triview "has water for Wal-Mart" but nothing more.

Bottom Line (cont.)

Use of the PIC avoids TABOR and transfers to a private corporation tax revenue that should have come to Monument. Voters lose control.
Would seriously damage Monument’s tax base
Would double the traffic on Baptist Road creating severe congestion and safety concerns
Would "kill" the Baptist Road interchange which won’t be reworked for years.
Significant environmental and police call impact
May increase Jackson Creek residents’ liability for bonded indebtedness.

Is It a Done Deal? What’s Next?

It is NOT a done deal. It requires a significant change in zoning. The Board of County Commissioners could and should just say NO.
It may be heard by the County Planning Commission in January.
Once the Planning Commission has made a recommendation, a hearing will be scheduled with the Board of County Commissioners.
Min. 30 days.

How to Participate

Sign the petitions
Make a donation to "The Coalition of Tri-Lakes Communities" to cover legal and other expenses.
Sign up with the Coalition to distribute flyers, etc.
Attend Triview Metro District Board meetings - The next one: November 20th, 6:30 pm, at the District Office near Monument Town Hall.
Voice your concerns:
Letters to the Editor
Letters to Wal-Mart
Letters to County Planning and Commissioner

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