On February 23, 2009, an application for a text amendment was filed to both the Zoning and Subdivision ordinances to rectify the problem with the City’s application of the Transitional Setback on Independence Blvd. The amendment applies to the entire city, not just Independence Blvd. Contacts in Economic Development and representatives fo Wal-Mart have indicated that if these ammendments are not passed, Wal-Mart may walk away from the Amity Gardens project. Economic Development seems interested in meeting Wal-Mart's needs on an individual basis (possibly thorugh a variance) rather than giving up the city's contol of the setback across the board.
I am lead to believe that the ammendments propose limits on the term of the setback to 18 months (after a widening is completed unles the state has a funded plan to widen. -as opposed to the current policy which is infinite.
I also heard tha that Wal-Mart had enough parking spaces proposed to meet the requirement to get their initial rezoning. Wal-Mart or any developer can build parking in excess of the minimum required by the planning commission. They can even add additional parking in the setback. The problem is that down the road, the city can purchase the land in the setback, and make the developer remove the parking that is in the setback. So Wal-Mart apparently (for good reason) does not find it acceptable to lose parking spaces, particularly when the road has already been widened. Wal-Mart probably wants to make sure other developers and retail stores are able to build nearby, which will ensure Wal-Mart's long-term survival.
