Kimco Realty is accusing Palm Beach Gardens of changing zoning laws with the specific intention of hindering its plans to bring a BJ’s Wholesale Club to the city. The Palm Beach Post reported that the city council voted to cap the total size of individual retail stores in the PGA corridor at 40,000 square feet. Kimco has been pushing to build a two-story 80,000-square-foot BJ’s Wholesale Club in Loehmann’s Plaza, a 12-acre parcel of storefronts at the corner of Interstate 95 and PGA Boulevard. The plan also called for an additional 90,000 square feet of new retail buildings to replace the existing structures.
Kimco’s lawyers allege the city waited to see the developer’s proposal before recommending changes perfectly tailored to exclude their plan. But city officials say they warned Kimco of the possible changes as it works to minimize the infiltration of big box chain stores.
Kimco, which has a lease agreement with the wholesale store, had already altered its plans to fit into the area’s zoning regulations, which currently allow for an 80,000-square-foot store provided its built across two stories. The proposed BJ’s would be smaller than the typical 100,000-square-foot stores and be the only one with a second floor. [Palm Beach Post]