AGENDA DOCUMENTS
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WAL MART
LAND USE AMENDMENT/REZONING
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 99-056
FROM:
Chairman and Members
Planning and Development Board
/\,;.'(~
t/ .'
Michael W. Rumpf
Acting Manager of Planning and Zoning
TO:
DATE:
March 5, 1999
APPLICATION DESCRIPTION
Project Name:
Wal-Mart Store #2789-00
Applicant:
Wal-Mart Stores East, Inc.
Agent:
Kimley-Horn and Associates, Inc.
Owners:
Nine (9) parcels owned by Mall Corner Inc., Bill and Elsie Winchester, Ernest and
Violet Klatt, Michael Schroeder as Trustee, and Marilyn Sylva.
Location:
Northwest comer of Boynton Beach Boulevard and Winchester Park Boulevard (see
Location map -Exhibit "A")
File Nos:
Annexation (ANNX 99-001)
Land Use AmendmentlRezoning (LUAR 99-001)
Nature of the Request:
This project consists of 9 different parcels assembled from property both within the city and that to be
annexed from Palm Beach County. The unincorporated portion consists of three (3) parcels located along
Knuth Road and totaling 9.64 acres. This portion to be annexed is proposed to be reclassified from CH
(Commercial High) in Palm Beach County to Local Retail Commercial, and rezoned from AR (Agricultural
Residential) to C-3 (Community Commercial). The greater portion of the project was annexed in June of
1992 and consists of 32.37 acres classified appropriately as Local Retail Commercial. This portion of the
project must only be rezoned from AG (Agriculture) to C-3 (Community Commercial). The total project
consists of 42.01 acres and is being prepared for a Wal-Mart Supercenter. A site plan was filed with the city
on March 3, 1999, and consists of the Wal-Mart Supercenter surrounded by approximately eight (8) future
parcels designated as "open space". This site plan application is currently being reviewed by staff and is
scheduled for board review in approximately seven (7) weeks. Although some information from the proposed
site plan will be used in this analysis, this report will focus on the proposed reclassification and rezoning that
is inconsistent with the Comprehensive Plan Future Land Use Map recommendation for land to be annexed.
Adjacent land Uses and Zoning:
North - Right-of-way for Old Boynton Road, and farther north the Boynton Beach Mall zoned C-3;
South - Greentree Plaza II and the Bedding Barn zoned C-3, a vacant unincorporated enclave and Boynton
Beach Boulevard right-of-way;
/
Wal-Mart Store #2789-00
Memorandum No. PZ 99-056
Page 2 of 5
East - The approved Steak N Shake restaurant zoned C-3 and Winchester Park Boulevard right-of-way, and
farther east is the Boynton Commons PCD.
West - From north to south, vacant parcel being reviewed for a limited access storage facility currently
zoned PCD, an unincorporated parcel with a single family home zoned AR (Agricultural Residential),
and Knuth Road right-of-way.
PROJECT ANALYSIS
The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9,
Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. This criteria is
required to be part of a staff analysis when the proposed change conflicts with the Comprehensive Plan.
Since the greater portion of the project area is currently classified appropriately for the subject project, this
analysis will focus on that portion of the application which proposes that the annexed area (9.64 acres) be
reclassified not for Office Commercial as recommended by the Comprehensive Plan, but for Local Retail
Commercial (and rezoned to C-3).
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies
including but not limited to, a prohibition against any increase in dwelling unit density exceeding
50 in the hurricane evacuation zone without written approval of the Palm Beach County
Emergency Planning Division and the City's risk manager. The planning department shall also
recommend limitations or requirements, which would have to be imposed on subsequent
development of the property, in order to comply with policies contained in the comprehensive
plan.
According to the Future Land Use Support Document, Section VIII. Land Use Problems and Opportunities,
the subject area to be annexed is within Planning Area 7. f, and is the subject of the following description and
recommendation:
"In order to minimize land use conflicts with the residential land uses which lie to the west,
those parcels which abut the east side of Knuth Road should be placed in the Office
Commercial land use category. The city should require that commercial development of these
properties includes the provision of adequate buffers to protect the residential land uses which
lie to the west."
Furthermore, the Comprehensive Plan, Future Land Use Support Document under the "Discussion of Supply
and Demand for Commercial Land" recommends the following:
"The Future Land Use Plan which is proposed for the City and area to be annexed by the City
will accommodate all of the anticipated demand for commercial land through build-out.
Therefore, the City should not change the land use to commercial categories, beyond that
which is shown on the proposed Future Land Use Plan, except for minor boundary
adjustments, small infill parcels, or commercial uses of a highly specialized nature, which have
special locational or site requirements, and therefore cannot, be easily accommodated on
already designated commercial areasll
Policy 1.19.6 reads:
"Subsequent to Plan adoption, do not allow commercial acreage which is greater than the
demand which has been projected, unless it can be demonstrated that a particular property is
unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing
~
Wal-Mart Store #2789-00
Memorandum No. PZ 99-056
Page 3 of 5
commercially-zoned property, or no other suitable property for a commercial use exists for
which a need can be demonstrated, and the commercial use would comply with all other
applicable comprehensive plan policies."
Using site layout details obtained from the proposed site plan (see Exhibit "B" Proposed Site Plan), staff finds
that the intent of the Comprehensive Plan to create a buffer or transition between the future commercial area
and the residential areas west of Knuth Road, is met by the proposed project. Approximately three-quarters
(3/4) of project area classified for office use is to be occupied by the project retention area, and no actual
buildings will front upon, nor be placed within 550 feet from Knuth Road. This proposed plan would generate
fewer direct impacts upon the Knuth Road corridor than if the 10 acres were developed for an office project.
Furthermore, the residential character described by the Comprehensive Plan is actually less significant than
portrayed for this urbanized area. Following implementation of this project, there will remain two single
family homes along this segment of Knuth Road, which are essentially within the path of pending development
along this portion of the commercial fringe of the mall. Since land along this corridor is nearly built-out,
commercial use of these 9.64 acres (and the development of the large Wal-Mart project, would not initiate
further commercial conversions or sprawl. It should also be stated that the applicant is still negotiating with
the single-family property owner that abuts the subject project. If acquired, this land may be considered for an
additional driveway in order to further improve traffic distribution.
A second relevant recommendation under Planning Area 7.f reads as follows:
"Particular requirements of the city should be that these parcels be annexed prior to
development, the parcels be developed as planned zoning districts, where possible, or meet the
intent of planned zoning district setbacks and greenbelt standards where not possible,....."
Due to the applicant's uncertainty of the ultimate uses for the planned outparcels, Wal-Mart desires not to
process this property as a PCD. Consequently, staff is recommending site design requirements compatible to
those of the PCD zoning district regulations. For example, staff recommends that the entire perimeter
include a 10 foot landscaped buffer, (rather than 5 feet), at minimum, general design guidelines and a sign
plan for site signage, and site circulation be coordinated using existing proposed driveways.
In summary, the subject amendment can be construed as a minor boundary adjustment, and will allow for
adequate buffering of residential uses. Furthermore, in order to maintain consistency with the intent of the
Comprehensive Plan, staff will recommend conditions of approval that will ensure that the intensity of land
along Knuth Road is minimized, and that the project is developed with elements of a Planned Commercial
Development.
b. Whether the proposed rezoning would be contrary to the established land use pattern, or would
create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant
of special privilege to an individual property owner as contrasted with the protection of the public
welfare.
The established land use pattern within the area is commercial; no office uses exist except for a few offices
within the commercial strip centers located east and west of Knuth Road along Boynton Beach Boulevard.
Therefore establishing this Office Land use classification would alone create more of an isolated district than
if consolidated with the commercial land to the west. Even the existing parcel classified as Office
Commercial and located at the southeast corner of Knuth Road and Old Boynton Road is not the target for
office development but for a limited access self-storage facility. This site was the location of a previous
approval for an office use, which was never developed and eventually expired.
As stated above, the proposed Wal-Mart Supercenter and commercial out parcels would be consistent with
established land use patterns and zoning in the immediate vicinity. This rezoning and annexation would not
.3
Wal-Mart Store #2789-00
Memorandum No. PZ 99-056
Page 4 of 5
constitute a grant of special privilege to any affected property owners nor interfere with the protection of the
public welfare.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The land use patterns that have developed on adjacent parcels in the immediate vicinity have all consistently
been commercial retail uses typical of the C-3 zoning district. The proposed use in this application fits this
Pilttem.
If any changed conditions have occurred, they would possibly be the decreased demand for office uses within
this area of the City. A planned commercial development (PCD), approved over ten years ago, for an office
development adjacent to the property was never constructed and eventually expired.
d. Whether the proposed use would be compatible with utility systems, roadways, and other public
facilities.
The proposed development is expected to consume 18,574 GPD of water and generate the same amount of
wastewater. This is based on 5,310 GPD for the proposed Wal-Mart Supercenter (from use data available
from other stores) and 0.1 GPD/square foot on the outparcels assuming 25 % building coverage. As a
comparison, under existing zoning, the water and sewer demand would be approximately 350 GPD for each of
the 16 potential dwelling units for a total of approximately 5,600 GPD. The applicant is willing to commit to
the provision of improvements to the water and sewer systems where existing facilities may be inadequate to
serve the proposed development. Adequate sewer and water has been verified with the City of Boynton Utility
Department.
The concurrent processing of the proposed site plan will enable staff to soon complete a thorough review of
traffic impacts.
e. Whether the proposed rezoning would be compatible with the current and future use of adjacent
and nearby properties, or would affect the property values of adjacent or nearby properties.
Land values have significantly risen in this area over the past several years. The nearest residential land uses
to the west of Knuth Road do not front on or have access to Knuth Road. By eliminating this isolated portion
of undeveloped land classified "Office", and combining this land with the greater portion of undeveloped land
to the east, direct development impacts upon the Knuth Road corridor could be minimized. The site plan
application for this land has been filed and currently excludes use of Knuth Road for access, and places the
least intensive aspect of the project, drainage, in place of where the office land use classification is shown
along Knuth Road. The intent of the office classification to provide a transition from commercial uses to the
adjacent residential uses is continued and enhanced by the proposed rezoning and site plan.
d. Whether the property is physically and economically developable under the existing zoning.
That portion of the proposed rezoning to also be reclassified is physically developable; however, there has not
been the demand for office uses in this area. Assembling with adjacent commercially designated land
enhances the economic developabilitiy of this land.
e. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the
neighborhood and the city as a whole.
Although the subject area has developed incrementally over the last 15 years, it has long been recognized as
the commercial center and even the new commercial downtown for the city. In 1992, the greater portion of
the subject property was annexed and reclassified Local Retail Commercial. The development of this property
for commercial uses, contingent upon the continued minimizing of impacts upon the Knuth Road corridor, is
1
Wal-Mart Store #2789-00
Memorandum No. PZ 99-056
Page 5 of 5
generally of a scale that is reasonably related to the needs of the neighborhood and city as a whole. It should
be noted that the greater portion of this project has always been represented as commercial land use by
comprehensive plan data and analysis. With respect to project demand, market data was requested on the
project but not provided by the applicant.
From a more micro point of view, staff questions the necessity or demand for this Wal-Mart Store, with two
(2) large grocery stores within 1/2 mile of the subject site, and two (2) competitors of Wal-Mart within
approximately two (2) miles from this proposed rezoning. Staff is uncertain whether or not the demand exists
to adequately support a K-Mart, Target and Wal-Mart with in approximately a two to three mile radius.
Similar to a requirement for a PCD, staff is conditioning this approval upon submittal of a market study that
justifies the subject plan while also incorporating the existing supply provided by existing large retailers
within the market area.
f Whether there are adequate sites elsewhere in the city for the proposed use, in districts where
such use is already allowed.
There currently exists no other sites within the city sufficiently sized and appropriately classified to
accommodate the proposed rezoning and Wal-Mart proposal.
CONCLUSIONS /RECOMMENDATIONS
Since 31 acres of the entire 41 acres of this project area conform to the Comprehensive Plan as well as to the
established land use pattern, the more detailed review of this project will be conducted during site plan review
(with an emphasis on traffic impacts and circulation). As indicated herein, this request is consistent with the
Comprehensive Plan Future Land Use map and intent to minimize impacts upon residential properties.
Therefore staff recommends that this request for annexation, land use amendment and rezoning be approved,
subject to the conditions of approval listed in Exhibit "C" and intended in part to ensure continued compliance
with all recommendations, policies and intentions of the Comprehensive Plan.
MWR:dim
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EXHIBIT "e"
Conditions of Approval
Project name: Wal-Mart Property
File number: ANNX 99-001 and LUAR 99-001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments: NONE
BUILDING DIVISION
Comments: NONE
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENT ALIST
Comments: NONE
PLANNING AND ZONING
Comments:
1. No principle buildings shall be placed facing, nor within 500 feet from
Knuth Road (except when separated by an unrelated use or property.
2. Site plan approval shall include a coordinated sign program for site
signage intended to maximize shared signage and compatibility with
existing signs.
3. Ingress/egress shall be coordinated using proposed principle driveways
to the Wal-Mart use (except for two out parcels on Boynton Beach
Boulevard) and interconnection between the principle use and perimeter
uses.
4. Architectural design guidelines shall be required for site plan approval to
?
Page 2
Wal-Mart Property
File No.: ANNX 99-001 and LUAR 99-001
DEPARTMENTS INCLUDE REJECT
ensure internal compatibility and compatibility with the adjacent
Boynton Commons PCD.
5. Site plan approval for the entire project shall include a minimum 10 foot
wide perimeter greenbelt where the project abuts road rights-of-way.
6. Prior to ordinance adoption, supply the city with a market analysis
verifying adequate demand for the proposed Wal-Mart Store accounting
for existing area competitors (e.g. K-Mart and Target).
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
7. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
8. To be determined.
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HANDOUT
WAL-MART
ANNEXATION
LAND USE AMENMENT/REZONING
REVISED EXHIBIT "B"
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