Summary The proposed Special Exception Permit is a request by Brian Cassidy, P.E., of CPH, Inc., applicant for Wal-Mart Stores East, LP, property owner, for the approval of a Special Exception Permit for a large-scale retail establishment greater than or equal to 80,000 square feet of gross floor area. This Special Exception Permit application is a companion to a Site Plan application also submitted by the applicant to construct the proposed ±158,562 square foot building for retail sales and services. The applicant has also submitted a second Special Exception Permit application to permit automobile repair and servicing at the proposed development, and a Variance Permit application, to reduce the number of pedestrian connections required by Section 7.3.2(C) of the City’s Land Development Regulations (LDRs) to the adjacent public sidewalk or greenway network. The variance is sought due to the limitations of the site and the ability to provide connections to the public sidewalk system.
Section 2.4.4(A) of the City’s LDRs states that uses that require a Special Exception Permit are those which are, “…generally compatible with the other uses permitted in a zone district, but require individual review of their location, design, configuration, density, intensity, and public facility impact to determine the appropriateness of the use on any particular site in the district and their compatibility with adjacent uses.” Once a Special Exception is granted, the approval shall run with the land and shall not be affected by a change in ownership, unless specifically conditioned as part of the approval. A Special Exception Permit must be granted prior to the approval of the Site Plan and final development order for the proposed development.
Section 2.4.4(D) of the LDRs establishes the standards with which all applications for a Special Exception Permit must be found to be compliant. These standards include: (1) Compliance with use specific regulations; (2) Compatibility; (3) Design minimizes adverse impact; (4) Design minimizes environmental impact; and (5) Roads and public facilities. The application has been reviewed for compliance with the standards of Section 2.4.4(D). An evaluation and findings of the application’s compliance with the standards of Section 2.4.4(D) is provided in the Staff Report.
The subject property has a Commercial Future Land Use Map (FLUM) Designation, and a Commercial Intensive (CI) zoning designation.
Section 4.1 of the City’s Land Development Regulations (LDRs) requires large-scale retail establishments greater than or equal to 80,000 square feet to obtain a Special Exception Permit. Large-scale retail establishments greater than or equal to 80,000 square feet are subject to Use-Specific Standards provided in Section 4.3.4(G)(7) of the City’s LDRs. An analysis of this application’s compliance with the standards established by Section 4.3.4(G)(7) is provided within the Staff Report for the item. In addition, Section 6.8.3 of the City's LDRs establishes design standards for single tenant retail sales and services uses greater than or equal to 20,000 square feet. An analysis of this application’s compliance with the standards established by Section 6.8.3 is provided within the Staff Report for the item.
On April 18, 2017, the Planning & Zoning Board (PZB) held public hearings on this Special Exception Permit application, as well as the companion Special Exception Permit for automobile repair and servicing and companion Site Plan applications. During the public hearings for this Special Exception Permit and the aforementioned companion applications, four (4) individuals commented on the applications. Draft minutes of the April 18, 2017, PZB Meeting summarizing public comments, are included within the materials attached to this item. Comments pertained to: previous actions between local and state agencies as related to the proposed development; local media coverage of the applications; small/local businesses as related to the proposed development; the limited availability of certain retail goods within the City; regulation of materials used as part of the automobile repair and servicing use; location of other large-scale retail establishments relative to the subject property; transportation concurrency; the community involvement of the applicant; and the business model of the applicant. Following the close of the public comment period for this application, the PZB voted 5-0 to transmit the Special Exception Permit for a large-scale retail establishment greater than or equal to 80,000 square feet to the City Commission with a recommendation to approve, subject to the three (3) conditions provided in Exhibit “A” of the April 18, 2017, Staff Report to the Planning & Zoning Board.
| | |