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AGENDA DOCUMENTS "..r 7 .A.4 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. 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FLClIIDA -" - NO. 2'a-OO.1EW Be IC-2OI-8CL-<llJ ....- I'AUolBEACH COIMY, R,CR>A I/ZZ/It ViIlOEB'lER IIITE ....- 2/ZZ/" 1'7; ;:6." t~; 1\10"'- ?)dw I I 7 ;j!~H' ~~i ~ f ~~l~~ ~~. ~.~ p .a ~ i.j~ ..2 ~~~ ,.'T':~~~i~ ;1 , co ~ . :1: ~ III , Ii! sl m~ i~ I~ ~I ~!c> Ij i~ Ji 'II p; !~ 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. 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