REVIEW COMMENTS
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-169
Chair and Members
Community Redevelopment Agency Board
Michael Rump~
Director of Planning and Zoning
Gabriel Wuebben
Planner
September 5, 2006
Las Ventanas (fka Gulfstream Lumber) SPTE 06-009
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
PROJECT DESCRIPTION
Epoch Properties, Inc.
Kyle Riva with Epoch Properties, Inc.
Northwest corner of Federal Hwy and Woolbright Rd. (see Location Map-
Exhibit "A")
Mixed Use (MX - 40 du/ac)
Mixed Use Low (MU-L - 40 du/ac)
No change proposed
No change proposed
43,361 square feet of retail, 404 apartment units, 20 townhouses, and 70 lofts.
:t14.63 acres (:t637,283 square feet)
To the northeast, developed commercial property (Dunkin' Donuts and a convenience
store) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial,
and developed residential property classified and rezoned similarly. To the northwest,
the right-of-way of SE 1ih Avenue, then developed residential property classified
Medium Density Residential (MeDR) at a maximum density of 9.58 dulac, and zoned
R-2 Duplex Residential;
The right-of-way of Woolbright Road (SE 15th Avenue) then developed commercial
property (Sunshine Square) classified Local Retail Commercial (LRC) and zoned C-3
Community Commercial;
Page 2
Memorandum No. PZ 06-169
Las Ventanas SPTE 06-009
East: The right-of-way of South Federal Highway, then to the southeast, developed
commercial property (Shell Service Station) classified Local Retail Commercial (LRC)
and zoned C-3 Community Commercial; to the northeast, developed residential
property (Gulfstream Apartments [25.4 dujac] and Snug Harbor Condominiums [27.7
dujacD classified High Density Residential (HDR) (maximum density of 10.8 dujac),
and zoned R-3 Multi-family residential; and
West: The right-of-way of the Florida East Coast (FEC) railroad, then developed property
classified Industrial (I) and zoned M-l Industrial.
BACKGROUND
Mr. Kyle Riva, president of Epoch Properties, Inc., is requesting a one (l)-year site plan time extension for the
Las Ventanas at Boynton Beach (fka Gulfstream Lumber j Uptown Lofts at Boynton Beach) project, Site Plan
Development Order (NWSP 05-021), which was approved by the City Commission on September 6, 2005.
The site plan approval is valid for one (1) year from the date of approval. If this request for a one (l)-year
time extension were approved, the expiration date of this site plan, including concurrency certification, would
be extended to September 6, 2007.
The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study
Area IV. According to the original site plan staff report, the proposed Las Ventanas at Boynton Beach is a
Planned Unit Development approved for 43,361 square feet of retail, 404 apartment units, 20 townhouses,
and 70 lofts. The project was previously rezoned from Community Commercial (C-3) to Mixed Use-Low (MU-
L) on June 17, 2003 per Ordinance 03-032. The project was approved for a new Site Plan (NWSP 05-021) on
September 6, 2005.
The project can be characterized as an "urban infill, mixed-use" development whereby front building setbacks
are minimal and off-street parking is relegated to a subordinate role. The site plan shows that the
development would be divided into three (3) distinct areas, namely, the five (5)-story apartment building
portions, the townhouse element, and the mixed-use component. The subject property fronts on two (2)
major roadways (Federal Highway and Woolbright Road). The taller, five (5)-story, apartment buildings
would back against the west property line along the railroad tracks whereas the three (3)-story mixed-use
buildings would face Federal Highway and Woolbright Road. The apartment buildings as well as the mixed-
use buildings would contain internal parking garages. The mixed-use buildings are oriented so that they
"face" the street.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided
that the applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on August 9, 2006, almost one month prior to the expiration date of the site plans.
According to the justification submitted for the requested time extension, the applicant lists the following
accomplishments as demonstrating their "good faith" efforts in securing a building permit for the project: (1)
purchased property on August 28,2005, for $15.5 million; (2) closed on construction and interim financing as
well as equity financing in excess of $100 million; (3) demolished all existing structures on the site at a cost
of $300,000; (4) received FDEP approval on an environmental remediation plan and completed all required
Page 3
Memorandum No. PZ 06-169
Las Ventanas SPTE 06-009
remediation on July 19, 2006 at a cost of $530,000; (5) submitted site development plans to the City of
Boynton Beach on December 20, 2005 (plans were returned to the developer on February 1, 2006 and are
currently being revised to reflect staff comments); (6) Submitted an Environmental Resource Permit to the
South Florida Water Management District on December 20, 2005 (SFWMD comments are currently being
addressed); (7) submitted a driveway connection permit to the Florida Department of Transportation on
March 9, 2006; (8) submitted a drainage permit to the Florida Department of Transportation on March 9,
2006 (FDOT comments are currently being addressed); and (9) met with Palm Beach County on October 20,
2005, to discuss the proposed relocation of the stoplight on Woolbright Road. All traffic studies have been
completed and coordination is ongoing with RAM Development regarding the proposed relocation of the traffic
signal with respect to the re-development of Sunshine Square to the south. Project engineers are planning to
resubmit engineering plans by early October. It is not yet known exactly when building permits will be
submitted.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. Based on the Palm Beach County Traffic Division's review, it has been determined that the
project is located within the Coastal Residential Exception Area of which exempts residential units from traffic
concurrency requirements. However, the Traffic Engineering Division found several inadequacies in reviewing
the project. The City of Boynton Beach approved the original site plan with the condition that the county's
concerns were addressed. The developer has indicated that several issues have prolonged discussions with
the county; one in particular continues to delay approval. Ongoing analysis of the relocation of a traffic signal
on Woolbright Road will soon conclude according to a letter furnished by Kimley-Horn on September 28,
2006. The analysis includes determining optimal lane configurations on Woolbright Road as well as
coordination with the signal at US 1 and Woolbright Road to the east. This analysis has included coordination
with the traffic engineering consultant for the neighboring Sunshine Square development to the south, the
City of Boynton Beach, and Palm Beach County.
The site plan time extension is still subject to the original 74 conditions of site plan approval. Lastly, no new
land development regulations are now in place against which the project should be reviewed and modified.
As for application of the Art in Public Places ordinance, site plan approval occurred prior to adoption of
Ordinance 05-060.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (1) year time extension of the site plan (NWSP 05-021) for
The Las Ventanas at Boynton Beach project. If this request for extension were approved, the expiration of this
site plan, including concurrency certification, would be extended to September 6, 2007. Staff is generally in
favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of
the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan
toward greater residential uses in this area and economic revitalization. The proposed Las Ventanas at Boynton
Beach project will provide an opportunity for redevelopment in a highly visible entrance corridor to the City,
increase the value of adjacent and nearby properties, and contribute to the overall economic development of
the City. In addition, the project is proposed at a scale and massing that will provide a transition into the
downtown area and provide a variety of housing on site. If this request for site plan time extension is
approved, all outstanding conditions of approval from the original site plan must still be satisfactorily addressed
during the building permit process. Any additional conditions recommended by the Board or City Commission
shall be documented accordingly in the Conditions of Approval (see Exhibit "C").
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\SPTE 06-009\Staff Report.doc
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EXHIBIT B
AUG-9~lW
PLANNING AND
ZONING DEPT
INCORPORATED
August 7, 2006
Mr. Michael Rumpf
The City of Boynton Beach
Development Department
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Via Federal Exvress
RE:
File No.:
Location:
Las Ventanas/Gulfstream Lumber
NWSP 05-021
NW comer of Woolbright Road and Federal Highway
Dear Mr. Rumpf:
We have been diligently working to advance the plans of our mixed-use project, Las Ventanas at
Boynton Beach. Despite our best efforts, it appears that we will not be able to secure a building
permit for vertical construction prior to the expiration of our current site plan approval.
Pursuant to Chapter 4, Section 5 of the City of Boynton Beach Land Development Regulations,
this letter is our official request for an extension to our site plan approval for a period of one (1)
year. This extension should allow us to secure our final building permits for this project and begin
vertical construction.
The following is a list of accomplishments and upcoming submittals that we feel demonstrate our
efforts to date and our commitment to our project.
. We purchased the site for $15,500,000.00 (cash) on August 28,2005.
. We have now closed on our construction and interim financing, as well as our equity
financing in excess of $100,000,000.00.
. Demolition of all existing structures on the site has been completed. Total cost of
demolition was in excess of $300,000.00.
. Our environmental remediation plan was approved by FDEP and all required active
remediation was completed on July 19,2006. Total cost of approvals and remediation
was in excess of $530,000.00.
. Site development plans were submitted to the City of Boynton Beach on December 20,
2005.
. Comments from the City of Boynton Beach Utility Department were received on
February 1,2006, and the plans are being revised per their comments.
· Environmental Resources Permit submittal was made to the South Florida Water
Management District on December 20,2005. Comments were received on January 20,
2006, and their comments are in the process of being addressed.
. Florida Department of Transportation driveway connection permit submittal was made on
March 9, 2006.
359 Carolina Avenue Winter Park, Florida 12789 (407) 644.9055 Fax (407) 644.9845
. Florida Department of Transportation drainage permit submittal was made on March 9,
2006. Comments were received from FDOT on the drainage permit on April 5, 2006, and
their comments are being addressed.
. A preliminary meeting to discuss the proposed relocation of the stoplight on Woolbright
Road was held with Palm Beach County on October 20th, 2005. All traffic studies have
been completed, and we are currently coordinating with RAM Development regarding
their proposed development to the South.
. Our engineers are planning to re-submit their engineering plans within the next 60 days.
. Building Permit submittals should be made to the City of Boynton Beach Building
Department by the end of August, 2006.
Enclosed, please find a check for Four Hundred and 00/100 ($400.00) Dollars made payable to
the City of Boynton Beach. Please also advise me of all respective meetings with regard to this
extension request.
have any questions or need additional information, please feel free to contact our
,
riva/jkh/boyntonbeach/ si tep lanapprovalextltr2
EXHIBIT B
~-_n Kimley-Horn
~ U and Associates, Inc.
September 28, 2006
.
4431 Embarcadero Drive
West Palm Beach, Florida
33407
Mr. Ed Breese
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Las Ventanas (fka - Gulf Stream Lumber Site)
Boynton Beach, Florida
047502001
Dear Mr. Breese:
Kimley-Horn and Associates, Inc. has prepared a traffic evaluation for this site,
which is located in the northwest quadrant of Woolbright Road and Federal
HighwayfUS 1 in Boynton Beach, Florida. Currently, the site serves as a 637,584
square foot (14.64 acres) lumber yard and it is proposed to be redeveloped to
contain a mix of residential, retail, and restaurant land uses with a buildout date of
2010. The property is located within the City of Boynton Beach Transportation
Concurrency Exemption Area (TCEA); therefore, the entire site, including the
non-residential component, is exempt from the standard transportation
concurrency requirements of the Palm Beach County Traffic Performance
Standards Ordinance (TPSO). Kimley-Horn and Associates has provided to Palm
Beach County the information typically required of projects located within a
TCEA. This includes an evaluation of trip generation, traffic assignment and
traffic volumes on the site access driveways.
Because it is also proposed to relocate the existing traffic signal on Woolbright
Road as a part of the redevelopment ofthis site and the Sunshine Square site on
the south side of Woolbright Road, we have been undertaking ongoing analysis of
the operation of the relocated signal. This analysis includes determining optimal
lane configurations on Woolbright Road and coordination with the signal at US I
& Woolbright Road. This additional analysis has included ongoing coordination
with the traffic engineering consultant for Sunshine Square (Traf Tech
Engineering, Inc.), the City of Boynton Beach and Palm Beach County.
ill: '~~;9il~-j~ m
DEPARTMENT OF DEVElOPMENT
~__n Kimley-Horn
~ U and Associates, Inc.
Mr. Ed Breese, September 28, 2006, Page 2
The County's letter regarding the site's consistency with the Traffic Performance
Standards Ordinance is expected to be issued after these details regarding the
operation of the relocated signal, even though the site is within the City's TCEA.
Should you have any questions regarding this information, please call me at 845-
0665.
Sincerely,
KIMLEY -HORN AND ASSOCIATES, INC.
CR-y-~~
Christopher W. Heggen, P.E.
Transportation Engineer
CWH/nsb
P:\0475\0200 I \092806.doc
EXHIBIT "C"
Conditions of Approval
Project name: Las Ventanas (tka Gulfstream lumber)
File number: SPTE 06-009
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
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/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
1. The time extension is subject to the original Conditions of Approval.
Las Ventanas (fka Gulfstream Lumber) SPTE 06-009
Conditions of Approval
P 2
age
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\SPTE 06-009\COA.doc