HomeMy WebLinkAboutDocumentation_Regular_Tab 10_11/12/2020 Agenda Item #10.
Regular Council
STAFF MEMO ��
Meeting: Regular Council - Nov 12 2020
Staff Contact: Nilsa Zacarias, Director of Department: Community Development
Community Development
SEU 05-20: Application from Royal Tequesta LLC., for a Special Exception Use pursuant to Section
78-174. R2 District (d) (7) Special Exception Uses, of the Village of Tequesta Code of Ordinances.
The Applicant is requesting Special Exception Use Approval for a Planned Residential Development
(PRD) for a two (2)-story 69-unit fee simple townhomes and amenities in the R-2 Zoning District. The
application includes a landscaping plan and a monument sign. The subject property is located at 746
US Highway 1 and 734 N. US Highway 1, Tequesta, Florida, 33469.
SUMMARY: -1-1k
SEU 05-20: Application from Royal Tequesta LLC., for a Special Exception Use pursuant to Section 78-
174. R2 District (d) (7) Special Exception Uses, of the Village of Tequesta Code of Ordinances. The
Applicant is requesting Special Exception Use Approval for a Planned Residential Development (PRD)
for a two (2)-story 69-unit fee simple townhomes and amenities in the R-2 Zoning District. The
application includes a landscaping plan and a monument sign. The subject property is located at 746
US Highway 1 and 734 N. US Highway 1, Tequesta, Florida, 33469.
ATTACHMENTS: '
final w. attach - SEU 5-20 - The Reserve Staff Report VC
Signed Application
The Reserve Just. Stmt.Special Exception
Deed - 746 US Highway 1
Aerial Location Map
Architecture
SP-1
Master Graphic 10.23.20
Color Elevations
The Reserve Renderings
POA Articles of Inc. Reserve..doc
POA Dec Restrictions (Res (ab- Teq) 2
POA unity of title
Temp Construction Easement bifurcated Agreement GM CLEAN - dma 2-7-20
Page 211 of 478
Agenda Item #10.
P.
VILLAGE OF TEQUESTA
Department of Community Development
Staff Report— Village Council Hearing—November 1Z 2020
I. Petition No.—SEU 5-20
APPLICANT: Gentile, Glas, Holloway, O'Mahoney&Associates Inc.
1907 Commerce Lane, Suite 101
Jupiter, FL 33458
OWNER: Royal Tequesta LLC.
REQUEST: SEU 05-20: Application from Royal Tequesta LLC., for a Special Exception Use
pursuant to Section 78-174. R2 District (d) (7) Special Exception Uses, of the Village
of Tequesta Code of Ordinances. The Applicant is requesting Special Exception Use
Approval for a Planned Residential Development (PRD) for a two (2)-story 69-unit
fee simple townhomes and amenities in the R-2 Zoning District. The application
includes a landscaping plan and a monument sign.The subject property is located at
746 US Highway 1 and 734 N. US Highway 1,Tequesta, Florida, 33469.
LOCATION: 734 N US Highway 1 &746 US Highway 1
Tequesta, FL 33469
Location Map
tl :y
Proposed Site
' case Del Sol
734& 746 US Highway 1 `" x
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County Line Plaza ,.
1
Page 212 of 478
Agenda Item #10.
II. PETITION FACTS
a. Total Gross Site Area: 262,654 Sq. Ft. (6.03 Acres)
b. Total Building Footprint Area: 80,373 sq. ft. (Residential Buildings); 725 sq.ft. (Recreational
Building)
c. Density: 11.44 D.U./Acre Total: 69 Units
d. Building Height: 26'-9"
Land Use and Zoning
EXISTING LAND FUTURE LAND USE ZONING
USE
Medium Density R-2
SUBJECT PROPERTY Vacant Residential (5.4- (Multiple Family
12.0 DU per acre) Dwelling District)
NORTH Medium Density Medium Density R-2
Casa Del Sol Residential (5.4- Residential (5.4- (Multiple Family
12.0 DU per acre) 12.0 DU per acre) Dwelling District)
SOUTH Commercial Commercial C-2 (Community
County Line Plaza Commercial District)
EAST HR-12 High HR-12 High RH (Residential High)
Unincorporated Palm Residential Zoning Residential Zoning
Beach County District District
WEST Public Buildings Public Buildings G2 (Community
Village of Tequesta Water and Grounds and Grounds Commercial District)
Plant
III. BACKGROUND
Application of Royal Tequesta LLC for a site plan review to build a two (2) story 69-unit multi-
family condominium residential development including one (1) monument sign, one (1)
swimming pool, a fitness center, and a new landscaping plan.The subject property is located at
746 US Highway 1 and 734 N. US Highway 1, Tequesta, Florida, 33469. The subject application
includes a replat to combine both parcels into one. The replat application will be heard by the
Village Council concurrent with the Site Plan Review.
The proposed residential development included the following applications that were reviewed
by Village staff and heard by the Village Council:
Future Land Use Map Amendment—Ord. 21-19
A small-scale amendment to the Future Land Use (FLU) Map of the Village Comprehensive Plan
from Residential Low Density to Residential Medium Density. The subject Future Land Use Map
amendment was heard and approved by the Village Council (5-0) on September 12, 2019 (see
attached Ordinance 21-18).
2
Page 213 of 478
Agenda Item #10.
Rezoning Map Amendment—Ord. 22-19
The applicant requested a Zoning Map amendment from C-2 (Community Commercial District)
to R-2 (Multiple Family Residential District) zoning designation. The subject Zoning Map
amendment was heard and approved by the Village Council (5-0) on September 12, 2019 (see
attached Ordinance 22-19).
Site Plan Review
The applicant request for a site plan review to build a two (2) story 69-unit multi-family
condominium residential development including one (1) monument sign, one (1) swimming
pool, a fitness center, and a new landscaping plan. The site plan review was approved by
the Village Council(5-0)at the January 9,2020 meeting.
Proposed Application
The subject application will required to be processed as a Special Exception Use and Site Plan
Modification.
The following graphic depicts the approval process of the subject application.
FLU Map,Amendment 1
(O RD 21-19)-
LPA Board-7.18.19 1
First Reading-8.8.19 Condominium Process 1 Fee Simple Process
Second Leading- 1
Approved byvillage Council 1
Site Plan Review Site Plan Modification(SP
1 Special Exception Use
(SPR 1-19)- 1 (SEU 5-20)- 3-20)-
Planningandzoning 1 Village Council- PlanningandZoningBoard-
Zoning Map Amendment B��rr�-11.��.19 12.17y �}
RD 22-1 - ]1_ _ 0
ViIlageCouncil- 1 viIlage+Council-1.9.20
LEA Board-7.1.8.19 1
Fiirst Reading-8_8.19
1
Second Reading- 1
Approved by Village 1
CouncI 9.12_19
1
3
Page 214 of 478
Agenda Item #10.
IV. STAFF ANALYSIS
The Reserve is located at 746 US Highway 1 and 734 N. US Highway 1 in the R-2 Multiple-Family
Dwelling Zoning District. Previously, the Reserve was approved at the January 9, 2020 Village
Council meeting as a condominium development. Per Village Code Sec. 78-174 (b) (2),
condominiums (multiple family dwellings) are a permitted use in the R-2 multiple-family
dwelling district.
The subject proposed application is requesting approval for fee simple townhomes. Per Section
78-174(d)(7), Planned Residential Developments(PRD)are considered Special Exception Uses in
the R-2 zoning district.
The following table presents a comparison between the previously approved site plan and the
proposed application:
F� DEVELOPMENT PROPOSED COMMENTS
APROVED ON DEVELOPMENT A
L 1/9/2020 MLL
ZONING R-2 R-2 PRDs are Special Exception Use
DISTRICT Multifamily Planned Residential on R-2 Zoning District
Condominiums Development (PRDs)
PLAT Condominium Fee Simple Fee simple townhomes are
Townhomes processed as PRDs i
DENSITY (11.44 d.u./ac.) (11.44 d.u./ac.) There is no change in density
69 Units 69 Units There is no change in the No.
NO. OF UNITS of units
Buildings: 26' 9" Buildings: 27' 6"
HEIGHT Fitness Fitness Similar building height
Center/Restroom: Center/Restroom:
15' 15'
ARCHITECTURAL Same building Same colors and Same building colors and
DESIGN colors and facades facades facades
As indicated on the above table the subject application is similar to the development that
was approved by Village Council in January 2020. The significant difference is the platting
and ownership: the previously approved development was platted as a condominium
and the proposed application will be platted as fee simple townhomes.
4
Page 215 of 478
Agenda Item #10.
The applicant's request for fee simple ownership is demonstrated and conveyed on their previous
and current plat request:
Condominium Plat APPROVED on 1/9/2020
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Page 216 of 478
Agenda Item #10.
V. Planned Residential Development (PRD)
Per 78-224, "Planned Residential Development (PRD)means a residential development permitted
as a special exception use only within the R-2 and MU zoning districts which maximizes the common
use of open space and recreational areas. This is accomplished by permitting flexibility of site design
by allowing and combining various building types and housing styles, which do not necessarily
correspond to the property development regulations of the zoning district in which the development
is located. The entire land area of a PRD is under unity of title planned and designed to be developed
in a single operation or by a series of prescheduled development phases according to an officially
approved site plan which is subject to the site plan review process."
Section 78-361 of the Village Code states that certain uses because their unique characteristics
cannot be classified or regulated in a particular zoning district without consideration in each case of
the impact of such uses upon neighboring uses and the surrounding area, compared with the public
need for them at particular locations. Such uses and features are treated as special exceptions and
the application needs to comply with a set of criteria and standards.
The Applicant is requesting Special Exception Use for a Planned Residential Development(PRD)for
a two (2)-story 69-unit fee simple townhomes and amenities in the R-2 Zoning District. The
application includes a landscaping plan and a monument sign. The subject application will also
include additional landscaping and parking revisions as required by the site planning process.
Per the Village Code, once a the Special Exception Use is approved by the Village Council; then, the
subject application is required to be reviewed under the Site Plan Review process. The Site Plan
Review process include compliance with Article IX, Division 2, Site Plan Review. In addition, the
subject application will be heard by the Planning and Zoning Board; and then, it will be heard the by
Village Council. The Site Plan Review process includes compliance with zoning code, aesthetics
considerations and overall compatibility with the surrounding.
PRD Design Criteria
Per Code Sec. 78-227, Planned Residential Developments include design criteria that development
applications need to comply with.The following responses were provided by the Applicant:
(1) General objectives
a.A suitable residential environment shall be provided by utilizing the potential advantages of the
site, including suitable placement of the buildings and facilities in relation to the site and
surrounding influences. Applicant Response: The site has been designed to promote a cohesive
neighborhood development focused around the surrounding residential community to the north,
and commercial plaza to the south. Features such as dog stations, benches, and shade features
enhance the internal component of the residential development, and the pedestrian cross access
to the commercial plaza enhances the possibility of creating alternative mobility options.
b. Adequate open space related to buildings and other land improvements shall be provided.
Applicant Response: The site provides for 31.5% open space. A waiver has been requested for
the 3.5%shortage.
c. Required off-street parking facilities shall be conveniently located within a reasonable distance
to the dwelling unit. Applicant Response: All units have driveways, and garages to accommodate
6
Page 217 of 478
Agenda Item #10.
parking. Guest parking spaces are provided throughout the development, and are identified on
the site plan.
d. Existing trees and other natural features of the site shall be preserved. Applicant Response:The
landscape design (which was previously approved) has preserved trees, where possible, and
meets the general requirements of the Village's landscape code.
e. The appearance of the buildings and grounds shall be enhanced with supplemental plantings to
screen objectionable features and to control noise from areas or activities beyond the control of
the PRD. Applicant Response: Where feasible, plantings have been provided to enhance the
development, and create visual interest for the future residents of the community. Additionally,
the Owner is adding additional plantings in exchange for the waiver requests for the development.
f. All of the elements of the site plan shall be harmoniously and efficiently organized in relation to
topography, the size and shape of the tract, the character of adjoining property, and the type and
size of the buildings, in order to produce a livable economical land use pattern. Applicant
Response: As this is an infill parcel, the proposed design is consistent with the property to the
north (Casa Del Sol) which is an approved Planned Commercial Development, and is consistent
with the other neighboring residential properties, which are located in unincorporated Palm
Beach County continuing a consistent land use pattern.
g. Arrangements of buildings shall be in favorable relation to the natural topography, existing
desirable trees, views within and beyond the site, and exposure to the sun and other buildings on
the site.Applicant Response:The current design,previously approved by Village Council will utilize
the existing topography, and provide a community oriented design with the ability for
unobstructed views to the surrounding areas.
(2) Access and Circulation
a. Principal vehicular access points shall be designed to encourage smooth traffic flow and minimize
hazards to vehicular or pedestrian traffic. Merging and turning lanes and traffic medians shall be
required where existing and anticipated heavy traffic flows indicate needed controls. Minor streets
within the PRD shall not connect with minor streets in adjacent developments in such a way so as
to encourage through traffic. In addition, visibility triangles of 25 feet in both directions from the
point of intersecting lot lines shall be maintained at all intersections. Applicant Response: The
proper ingress/egress points are designed for safe vehicular and pedestrian circulation.
b. Access to the dwellings and circulation between buildings and other important project facilities
for vehicular and pedestrian traffic shall be comfortable and convenient for the residents. Applicant
Response:The unit access, as currently designed, is convenient for the end user.
c. Access and circulation for firefighting equipment, furniture moving vans, garbage collection,
deliveries and other large utility vehicles shall be planned with the appropriate design criteria as
determined by the village engineer. Applicant Response: The site is designed for larger vehicles to
service the needs of the site.
d. Streets shall not occupy more land than is required to provide access as indicated, and shall not
create unnecessary fragmentation of the development into small blocks, nor shall streets be so laid
out or constructed as to interfere with desirable drainage in or adjacent to the development.
7
Page 218 of 478
Agenda Item #10.
Applicant Response: The proposed asphalt drives do not occupy more land than required, as the
street network consists of ingress into the site and a circular "U" shaped drive (Royal Palm Circle)
to provide access to all perimeter buildings.There are two breaks in the street(Seagrape Lane,and
Clusia Lane)to service the buildings internal to the development (Buildings 10, 11, 12, 13, 14).
e.All major streets shown on the approved site plan as arterials or collectors shall be limited access
facilities and the only vehicular access thereto shall be by public street. Applicant Response:Access
to the proposed asphalt drives is provided via US Highway 1.
f. Arterial and collector streets shall connect with similarly classified streets in adjacent
developments. If no streets exist, the village engineer shall determine whether future connections
are likely and desirable and shall have the authority to alter the design of the PRD to accommodate
his judgment.
Applicant Response: To encourage walkability, a pedestrian connection to the neighboring
development is proposed.
(3) Garbage and Refuse Collection
a. Outdoor collection stations shall be provided for garbage and trash removal in a planned
residential development when individual collection is not made and indoor storage is not provided.
Applicant Response: Waste Management will provide curbside pickup.
b. Outdoor collection stations shall not be offensive and shall be enclosed by a fence or wall at least
as high as the containers and in no case less than four feet. Such stations shall be provided with self-
closing gates to provide access to the containers. Applicant Response: This development will not
provide a general collection area. As stated above, each unit will have curbside pickup.
c. Access to indoor or outdoor collection stations shall be such that the removal vehicle need not
make several unnecessary turning or backing movements. Applicant Response:: With the previous
approval of this development,Waste Management has reviewed the site plan,and provided a letter
of confirmation to service the site.
Waivers Requested by the Applicant
The Applicant's proposed change from condominium to fee simple ownership has different
requirements. In order to be in compliance with the Planned Residential Development (PRD) code
requirements,the Applicant is requesting the following three (3) waivers:
,Vaiver Required Proposed
Wk 11K : I
78-225(10)(b) 35% minimum 31.5%
Open Space Requirement
78-226 (2) 30% maximum 30.9%
Lot Coverage
78-226 (3) (d) - Setbacks 25' - Front 18' & 22'
78-226 (3) (d) - Setbacks 15' -Side Corner Varies 7.6'— 11.33'
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Page 219 of 478
Agenda Item #10.
Code Section 78-226 of the PRD provides for the Applicant to request waivers to the Village Council:
Per Section 78-226. - Property development standards. (1) Applicability of district regulations. As a
basis for the preparation of a planned residential development application, or any future
modification thereof subsequent to the initial review and approval, the development shall be guided
by the regulations contained in this article along with the site and district regulations, except for
building or structure height requirements as set forth in section 78-225(2), applicable to the specific
zoning district within which the PRD is proposed. However, as part of the review and approval
process by the village, the village council may modify such regulations for the PRD, provided the
spirit and intent of this chapter are complied with in the total development of the PRD. The village
council may, at its discretion, require adherence to established zoning district requirements within
certain portions of the site if deemed necessary in order to maintain the spirit and intent of this
chapter. However, under no circumstance shall the overall dwelling unit density exceed the
maximum number of dwelling units permitted in the particular zoning district within which the PRD
is located for that portion of the PRD platted as residential area.
The Applicant has increased the number of plantings and amenities as follows:
Amenity Approved Plan (January Proposed Plan
6L AM 1 1
Dog Dispenser Station 5
Landscape Materials Approved Plan Proposed Plan
L% (January 1 1
Total Proposed Palms 61 63
Total Native Trees 60.5% 53.5%
Total Native Shrubs and 73.5% ` 75.9%
Groundcovers
Total Native Vegetation 71.5% 75.6%
VI. CRITERIA FOR GRANTING SPECIAL EXCEPTION
Per Section 78-362 of Village Code,special exception use shall be permitted only upon authorization
of the Village Council if such uses comply with the following requirements:
1. The proposed use is a permitted special exception use.
The "Planned Residential Development" (PRD) use is a permitted special exception use per
Section 78-174(d) (7).
2. The use is so designated, located and proposed to be operated so that the public health,
safety,welfare and morals will be protected.
The proposed use does not impact the public health,safety, welfare and morals.As indicated
on the comparison table on page 4, the subject application is similar to the
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Page 220 of 478
Agenda Item #10.
development that was approved by Village Council January 9, 2020. Density, height
and number of units are similar including the architectural aesthetics.The significant
difference is the platting and ownership: the previously approved development was
platted as a condominium and the proposed application will be platted as fee simple
townhomes.
3. The use will not cause substantial injury to the value of other property in the neighborhood
where it is to be located.
The proposed use will not cause injury to the value of the other property in the neighborhood
where it is located. As indicated on the comparison table on gape 4, the subject
application is similar to the development that was approved by Village Council
January 9, 2020. Density, height and number of units are similar including the
architectural aesthetics.The significant difference is the platting and ownership: the
Previously approved development was platted as a condominium and the proposed
application will be platted as fee simple townhomes.
4. The use will be compatible with adjoining development and the proposed character of the
district where it is to be located.
The proposed use is compatible with the adjoining developments and the proposed character
of the district. The applicant is proposing a pedestrian connection to the north(Casa Del Sol),
and south (County dine Plaza). As indicated on the comparison table on gape 4, the
subject application is similar to the development that was approved by Village Council
January 9, 2020. Density, height and number of units are similar including the
architectural aesthetics.The significant difference is the platting and ownership: the
Previously approved development was platted as a condominium and the proposed
application will be platted as fee simple townhomes.
S. Adequate landscaping and screening is provided as required in this chapter.
The subject development was granted site plan approval at the January 9, 2020 Village
Council Meeting. The applicant is proposing additional palm trees, ground covering, shrubs
and other landscaping. Landscaping will be reviewed as part of the Site Plan Review process,
and the applicant will address review comments at that time.
6. Adequate off-street parking and loading is provided and ingress and egress is so designed
as to cause minimum interference with traffic on abutting streets.
The subject development was reviewed for compliance with the PBC Traffic Performance
Standard and the Village of Tequesta parking code.As indicated on the comparison table
on gape 4, the sublect application is similar to the development that was approved
by Village Council January 9, 2020. Density, height and number of units are similar
including the architectural aesthetics. The significant difference is the platting and
ownership: the previously approved development was platted as a condominium and
the proposed application will be platted as fee simple townhomes.
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Page 221 of 478
Agenda Item #10.
VI I. FINDINGS REQUIRED FOR APPROVAL
Per Section 78-364 of Village Code, before any special exception is granted,the Village Council shall
apply the standards set forth in this division and shall determine that satisfactory provision and
arrangement of the following factors have been met with the applicant,where applicable:
1. Compliance with all elements of the Village Comprehensive Plan
The subject property is located in the Medium Density (5.4-12.0 du per acre) Future Land
Use designation. The proposed Planned Residential Development (PRD) use complies with
Policy 1.1.2 "the Village's Land Development Regulations shall conform to, and implement,
the use, density and intensity standards as outlined on Table FLU-1"
2. Ingress and egress to property and proposed structures thereon with particular reference
to automotive and pedestrian safety and convenience,traffic flow and control,and access
in case of fire or catastrophe.
Concurrently to this subject application, the Development Review Committee initiated the
Site Plan Review process to ensure that the site plan complies with fire safety in terms of
access in case of fire or catastrophe. The review also included pedestrian safety and
convenience, traffic flow and control.
3. Off-street parking and loading area,where required,with particular attention to the items
in subsection (2)of this section.
The subject development was reviewed for compliance with the PBC Traffic Performance
Standard and the Village of Tequesta parking code. The application was granted site plan
approval at the January 9, 2020 Village Council Meeting.
4. Nuisance factors detrimental to adjacent and nearby properties and the village as a whole.
Nuisance factors shall include but necessarily be limited to noise, odor, smoke, glare,
electrical interference and/or mechanical vibrations.
The subject development was granted site plan approval at the January 9, 2020 Village
Council Meeting. The subject development will not cause nuisance factors such as noise, odor,
smoke, glare, electrical interference and/or mechanical vibrations.
S. Utilities,with reference to location, availability and compatibility.
The subject development was granted site plan approval at the January 9, 2020 Village
Council Meeting. Per the concurrent Site Plan Review process, Staff reviewed and provided
comments to the applicant in terms of utilities with reference to location, availability and
compatibility. The proposed facility does not indicate negative impact to the utilities, with
reference to location, availability or compatibility.
6. Screening and buffering,with reference,to type, dimensions and character.
. Required screening and buffering are in place. As indicated on the comparison table on
page 4, the subject application is similar to the development that was approved by
Village Council January 9, 2020. Density, height and number of units are similar
including the architectural aesthetics. The significant difference is the platting and
ownership: the previously approved development was platted as a condominium and
the proposed application will be platted as fee simple townhomes.
11
Page 222 of 478
Agenda Item #10.
7. General compatibility with adjacent properties and other property in the district.
The proposed development will be compatible with adjoining development(s) and the
proposed character of the district where is located.).As indicated on the comparison table
on page 4, the subject application is similar to the development that was approved
by Village Council January 9, 2020. Density, height and number of units are similar
including the architectural aesthetics. The significant difference is the platting and
ownership: the previously approved development was platted as a condominium and
the proposed application will be platted as fee simple townhomes.
8. Whether the change subjected is out of scale with the needs for the neighborhood or
Village.
The proposed development is consistent with the scale of the neighborhood. As indicated
on the comparison table on page 4, the subject application is similar to the
development that was approved by Village Council January 9, 2020. Density, height
and number of units are similar including the architectural aesthetics.The significant
difference is the platting and ownership: the previously approved development was
platted as a condominium and the proposed application will be platted as fee simple
townhomes.
8. Any special requirements set out in the schedule of site regulations in 78-143 for the
particular use involved.
The Applicant is requesting three(3) waivers as indicated in page 8 of this report.
VI I I. FINAL REMARKS
This development application met the requirements set in Section 78-334 notice of hearing.The
notice of hearing was published on November 2, 2020. The notice of hearing was be mailed to
all property owners located within a 300-foot radius of the subject property.
Per the applicant statement "the Owners, and project team have always been available to the
immediate neighbor to the north (Casa Del Sol) to discuss plans for the subject property. On
August 20, 2019, the Owner's representative, and members of the project team met with
approximately a dozen members of the Casa Del Sol Association, and the HOA Community
Manager from Vesta Management. The Owner's representative also had follow up discussion
with residents of the community, which ultimately resulted in no concerns being raised to the
Village Council ahead of the January 9, 2020 approval. As the Owner wants to remain a good
neighbor, steps have been taken to ensure that Casa Del Sol is informed about this current
amendment to revert to Fee Simple. At the time of this submission, the development team has
contacted the Casa Del Sol property management company, to provide an overview of this
request."
As indicated on the comparison table on page 4, the subject application is similar to the
development that was approved by Village Council in January 2020. Density, height and
number of units are similar including the architectural aesthetics. The significant
difference is the platting and ownership: the previously approved development was
12
Page 223 of 478
Agenda Item #10.
platted as a condominium and the proposed application will be platted as fee simple
townhomes.
Section 78-226. of the PRD provides for the Applicant to request waivers to the Village Council.
In order to be in compliance with the Planned Residential Development (PRD) code
requirements,the Applicant is requesting the following three (3)waivers:
Required Proposed
qP 111111L �Er L W
78-225(10)(b) 35% minimum 31.5%
Open Space Requirement
78-226 (2) 30% maximum 30.9%
Lot Coverage
78-226 (3) (d) - Setbacks 25' - Front M 18' & 22'
78-226 (3) (d) - Setbacks 15' -Side Corner Varies 7.6'— 11.33'
Per the Village Code, once a the Special Exception Use is approved by the Village Council; then,
the subject application is required to be reviewed under the Site Plan Review process. The Site
Plan Review process include compliance with Article IX, Division 2,Site Plan Review. In addition,
the subject application will be heard by the Planning and Zoning Board; and then, it will be heard
the by Village Council. The Site Plan Review process includes compliance with zoning code,
aesthetics considerations and overall compatibility with the surrounding.
13
Page 224 of 478
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Agenda Item #10.
ORDINANCE 21-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT
TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE
WITH THE MANDATES SET FORTH IN SECTION 163,3184, ET SEQ.,
FLORIDA STATUTES, PURSUANT To A PRIVATELY-INITIATED
APPLICATION # SSC 1-19 WHICH PROVIDES FOR AN AMENDMENT
TO THE FUTURE LAND USE MAP, DESIGNATING SIX POINT ZERO
THREE (6.03) ACRES, MORE OR LESS, OF REAL PROPERTY AS
MEDIUM DENSITY RESIDENTIAL; WHICH PROPERTY IS LOCATED
AT 746 U.S. HIGHWAY I AND 734 N. US HIGHWAY 1, INFORMALLY
KNOWN AS "THE RESERVE AT TEQUESTA"; PROVIDING FOR
COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163,
FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the State Legislature of the State of Florida has mandated that all
municipalities draft and adopt- comprehensive development plans to provide thorough.and
consistent planning with regard to land within their corporate limits; and
WHEREAS, all amendments to the comprehensive development plan must be adopted in
accordance with detailed procedures which must be strictly followed; and
WHEREAS, the Village of Tequesta, Florida, has received privately-initiated application
#SSC 1-19 requesting a small-scale amendment to the Comprehensive Development Plan of the
Village of Tequesta to designate two (2) parcels of land amounting to six point zero three (6.03)
acres,more or less,located at 746 U.S. Highway 1 and 734 N.US Highway 1 as"Medium Density
Residential" on its land use map; and
WHEREAS, the Village of Tequesta, Florida, has carefully prepared an amendment to its
comprehensive development plan in order to amend the Future Land Use Map relating to the
Medium Residential Density future land use designation for the parcels located at 746 U.S.
Highway 1 and 734 N. US Highway 1; and
WHEREAS, the Village of Tequesta has held all duly required public hearings; both prior
to submission of the proposed amendment of the plan to the State Department of Economic
Opportunity and after the proposed amendment of the plan Was returned to the Village of Tequesta,
in accordance with Chapter 163.3187, Florida Statutes; and
- 1 -
Page 226 of 478
Agenda Item #10.
WHEREAS, the Village Council desires to adopt the amendment to the current
comprehensive development plan to guide and control the future development of the Village, and
to preserve,promote and protect the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: The Village Council of the Village of Tequesta, Florida, hereby adopts the
amendment to its current comprehensive development plan; by providing for the land use
designation of"Medium Density Residential" for two (2) parcels of land amounting to six point
zero three (6.03) acres, more or less, located at 746 U.S. Highway 1 and 734 N. US Highway 1,
and amending the Village's Future Land Use Map accordingly;as attached hereto as Exhibit A and
made a part hereof and of the current comprehensive development plan.
Section 2: A copy of the comprehensive development plan, as amended, is on file in
the office of the Village Clerk, Village of Tequesta, Florida.
Section 3: The Village Clerk is hereby directed to transmit one (1) copy of the
amendment to the current Comprehensive Development Plan to the State Land,Planning Agency
along with a letter indicating the number of acres for the amendment submitted, the cumulative
number of acres involved in small scale developments within the Village of Tequesta that the
Village Council has approved during the past calendar year, a copy of the executed adopting
ordinance and the Future Land Use Map, in color format, depicting the subject property, and the
ordinance effective date.
Section 4: Each and every other section and subsection of the Village of Tequesta
Comprehensive Plan shall remain in full force and effect as previously adopted.
Section 5: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 6: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
- 2 -
Page 227 of 478
Agenda Item #10.
Section 7: The effective date of this plan amendment shall be thirty-one (31) days
following adoption of this Ordinance by the village of Tequesta. No development orders,
development permits, or land uses dependent on this amendment may be issued or commence
before it has become effective. If the Ordinance is timely challenged by an "affected person" as
defined in Chapter 163, Florida Statutes, the amendment does not become effective until a final
order is issued finding the amendment in compliance.
FIRST READING this day of 52019.
SECOND AND FINAL READING this day of 92019.
- 3 -
Page 228 of 478
Agenda Item #10.
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Page 229 of 478
Agenda Item #10.
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ORDINANCE Date
21-19 09/12/2019
Upon Second Reading
Motion Vice-Mayor Kristi Johnson Second Council Member Vince Arena
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
Mayor Abigail Brennan
Vice-Mayo:Kristi Johnson
Council Member Vince Arena
Council Member Laurie Brandon t
Council Member Kyle Stone
The Mayor thereupon declared the Ordinance duly passed and adapted.
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MAYOR of TE IJESTA ATTEST• \`~`�•• � ' -9•`• '-.
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Village Clerk
Page 230 of 478
Agenda Item #10.
ORDINANCE 22-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA,FLORIDA,PROVIDING FOR THE REZONING OF CERTAIN
REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE
VILLAGE OF TEQUESTA, FLORIDA; PURSUANT TO A PRIVATELY-
INITIATED APPLICATION # PRZ 1-19, WHICH PROPERTY CONSISTS
OF SIX POINT ZERO THREE (6.03) ACRES, MORE OR LESS, OF LAND
LOCATED AT 746 U.S. HIGHWAY l AND 734 N. US HIGHWAY 1;
PROVIDING THAT THIS REAL PROPERTY WHICH IS MORE
SPECIFICALLY DESCRIBED HEREIN SHALL BE RE-ZONED FROM THE
VILLAGE ZONING DESIGNATION OF "C-2 COMMUNITY
COMMERCIAL DISTRICT"TO THE VILLAGE ZONING DESIGNATION
OF 11R-2 MULTIPLE-FAMILY DWELLING DISTRICT"; PROVIDING
THAT THE ZONING MAP OF THE VILLAGE OF TEQUESTA BE
AMENDED TO REFLECT THE PROPER DESIGNATION FOR THIS REAL
PROPERTY; PROVIDING A CONFLICTS CLAUSE AND A
SEVERABILITY CLAUSE;PROVIDING AN EFFECTIVE DATE;AND FOR
OTHER PURPOSES.
WHEREAS, after duly noticed public hearings, held pursuant to Florida Statutes, the
Village Council does hereby find, determine and declare that the public health, safety and general
welfare of the citizens of the Village of Tequesta are best served by re-zoning that real property
described herein below,located within the Village,the zoning designation of"R-2 Multiple-Family
Dwelling District".
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA,THAT:
Section 1: That certain real property located in the corporate limits of the Village of
Tequesta consisting of a total of approximately six point zero three(6.03)acres,more or less,located
746 U.S. Highway 1 and 734 N. US Highway 1, is hereby re-zoned from C-2 — Community
Commercial District to R-2—Multiple-Family Dwelling District,and is legally described as follows:
(See Exhibit 1 attached hereto for legal description-PCN#60-43-40-30-00-001-0120 and 60-43-40-
3 0-00-001-0170)
Section 2: The Village Zoning Map is hereby amended to conform to this Ordinance,and
the appropriate officials of the Village are instructed to male the necessary changes to the official
- 1 -
Page 231 of 478
Agenda Item #10.
Village Zoning Map.
Section 3: All Ordinances or parts of Ordinances in conflict be and the same are hereby
repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,any
paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder of this Ordinance.
Section 5: This Ordinance shall take effect immediately upon passage.
-2 -
Page 232 of 478
Agenda Item #10.
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- 3 -
Page 233 of 478
Agenda Item #10.
The Reserve at Tar-luesta
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- 4 -
Page 234 of 478
Agenda Item #10.
3.
ORDINANCE Date
22-19 t = 09/12/2019
Upon Second Reading
Motion Vice-Mayor Kristi Johnson Second Council Member Vince Arena
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
Mayor Abigail Brennan
Nice-Mayor Kristi Johnson yC
Council Member Vince Arena
Council Member Laurie Brandon
Council Member Kyle Stone
The Mayor thereupon declared the Ordinance duty passed and adopted.
,`k,Allrllllll{{Ol iF+'111111111
MAYOR OF TE UESTA ATTEST. ,,���'' :••• •'.. %,�
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bigail enn n Lori McWilliams, MMC
Village Clerk
Page 235 of 478
Agenda Item #10.
ORDER OF THE VILLAGE COUNCIL
VILLAGE OF TEQUESTA
REQUEST FOR SITE PLAN RE-VIEW APPROVAL
CASE NO.: SPR 1-1
IN RE: Gentile, Glas, Holloway, O'Mahoney & Associates, Inc., Applicant:
Royal Tequesta LLC, Owner FILED: Village of Tequesta
PROPERTY LOCATION: Date: 0
734 N US I-ThThway I ("Parcel I"); & mw�
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Time,
746 US Highway 1, Tequesta,FL 33469 ("Parcel 2"') mw�
LEGAL DESCRIPTION:
Parcel 1-* 30-40-43, N 200 FT OF S 650 FT OF GOV LT I LYG W OF SR 5 &
ADDL R/W
Parcel 2.: 30-40-43, N 150 FT OF S 800 FT OF GOV LT I W OF SR 5 & ADDL
R/W (DES S TR TN 0 R9 5 OP 192)
PARCEL CONTROL NUMBERS:
Parcel 1: 60-43-40-30-00-001-0170.., and
Parcel 2: 60-43-40-3)0-00-00 1-0 120
REQUEST:
Approval of Master Site Plan
ORDER APPROVING SITE PLAN APPLICATION
This cause came on to be heard upon the above application and the Villaae Council of the
Village of Tequesta having considered the evidence presented by the applicant and other interested
persons at a hearing called and property noticed, and the Village Council of the Village of Tequesta
being otherwise duly advised,
THEREUPON, THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA FINDS
AS FOLLOWS:
1. The subject property is located in the R-2 Zoning District in the Village of Tequesta.
2. The applicant has submitted all documents required by the Village's Code of
Ordinances for Village Council site plan review and final action.
The application and all supporting docurnentation and presentation materials as
reviewed by the Village Council at its January 9. 2020 meeting., and as kept on file
by the Village, are made a part hereof and are hereby incorporated by reference.
4. According to Village Code Sec. 78-33 1, approval by the Village Council is required.
Page I
Page 236 of 478
Agenda Item #10.
The applicants have applied for Master Site Plan approval in one phase to build a
two (2) story 69-unit multi-family condominium residential development including
one (1) monument sign, one (1) swimrnin(T pool, a fitness center, and a new
landscaping plan, all in accordance with the application and all supporting
documentation and presentation materials which are hereby made a part of this Order
by reference as if fully set forth herein.
6. Under the provisions of the Village Code of Ordinances, the Village Council has the
right,ID , power and authority to act upon the request herein
made.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJ-UDGED BY THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
The application for Master Site Plan approval, Case No. SPR 1-19 with reference to the
above described property within the Village of Tequesta, Palrn Beach Couht r, Florida., to approve a
one phase master site plan in accordance with application and all supporting documentation and
presentation materials attached hereto as Exhibit "A" is hereby APPROVED. The following
conditions of approval shall apply hereto-
1. Condominium Association documents, in form acceptable to the village Attorney, will
be provided, approved, and recorded prior to the issuance of any building permits.
2. Prior to issuance of the build'111,0
., pen-nit, the Applicant must comply with the following
recommendations provided by Air, Water, & Soil Engineering, Inc. (ANISE) on the
Phase I Environmental Site Assessment(ESA) report:
a. "PAWSE recommends that Proper abandonment of the former domestic water
supply well on the 734 North US Highway I parcel and removal of the
abandoned septic tank."
b. "AWSE recommends that the US Geological Survey Salinity Monitor Well, PB-
872, be located on. the 746 North US Highway I parcel and the US Geological
Survey notified of the redevelopment of the property with respect to their well
location."'
3. Applicant shall coordinate with the soutli-adjacent commercial plaza to develop a
pedestrian path that ensures both safety and connectivity for pedestrians traveling
between the subject property and commercial playa.
Page 2
Page 237 of 478
Agenda Item #10.
DONE AND ORDERED THIS DAY OF JANAR ;�-
,,►�►ti w����,i����i', � old.YBI I� 1NAN,
-�� VILLAGY OF TEQUESTA
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LORI McWILLIAMS MMc '-
VILLAGE CLERK _ SEAL
INCORPORATED
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Page 238 of 478
Agenda Item #10.
r----------------------
VILLAGE OF TEQUESTA E DEPARTMENTAL USE ONLY �
,
Department of Cominttnity Development Ck.#�
•. Fee:
345 Tequesta Drive
r
Tei uesta Ftorida 33469 Intake Date: ;
Ph:561-768-0451 l Fix: 561-768-0698 r r
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w"w-w.t+eq ue ta.org PROJECT#
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SPECIAL EXCEPTION USE APPLICATION
ADMINISTRATIVE APPROVAL
VILLAGE COUNCIL Meeting Date:
The undersigned requests a Special Exception for the Use Specified below. Should this application be approved,it is understood that
it shall only authorize that particular use described in this application and any conditions or safeguards required by the Village of
Tequesta.
PROJECT NAME:The Reserve a@Tequesta
PROJECT ADDRESS:734 N. US Highway 1, Tequesta, FL , 748 US Highway 1, Tequesta, FL
Applicant Name:2GHo (M. Troy Holloway)on behalf of Royal Tequesta, LLC
Applicant Address: 1907 Commerce Lane, Suite 101, Jupiter, FL 33458
Applicant Phone No:56 1-575-9557 Cell No:
Fax No: E-Mail Address:troy@2gho.com/alec@2gho.com
Existing Use:Vacant
Description of Special Exception Use:
Request for a Planned Residential Development, with waivers
The applicant will submit to the Village of Tequesta Department of Community Development the following documents for Planning
&Zoning Board review,forty-five business(45)days prior to the meeting date:
1. Current survey or site plan of property showing structures and setbacks.
Z. Drawings to scale of proposed improvements requiring special exception use approval.
3. Written authorization from property owner if other than applicant.
4. All documentation required by Code: Chapter 78—Zoning,Division 3—Special Exception Uses
5. Three(3)11x17 size and one(1)24x36 size hard copies of all submittals and one(1)CD with PDF files and completed application.
6. List of all owners of property within a 300-foot radius of the boundary lines of the property for which a special exception is requested.The list
shall be provided by the applicant from the most recent tax roll information as provided by the county appraiser's office.The applicant must
furnish an affidavit signed by the person responsible for providing the list. Stamped,self-sealing envelopes with a Village of Tequesta return
address label and the property owner label is required. Note:this is not required for requests which are reviewed administratively by the
Community Development Director.
7. Special Exception Use Application Fee:
a) Village Council:$500.00 PLUS Application Review Fee of$300.00=$800.00
b) Administrative eview by Community Development Director: Application Review fee=$300.00
c D
Applicant's Sigture Date
To cover all additional administrative costs,actual or anticipated, including, but not limited to,engineering fees,consultant fees and
special studies,the applicant shall compensate the village for all such costs prior to the processing of the application or not later than 30
days after final application approval whichever is determined as appropriate by the village. Failure to make such payment may be
grounds for not issuing a building or zoning permit,certificate of occupancy or completion.Costs associated with advertising for public
hearings and other public notice requirements are the responsibility of the applicant.The fee shall be paid prior to such application
being scheduled for a public hearing requiring notice.
1
Page 239 of 478
Agenda Item #10.
I Id F W,I —Landscape Architects Planners Environmental Consultants LGO 000 1r}
GENTILEIGLAS FO L LOW ► O'MAHONEY&Assodatts,Inc. George G.Gentile IAA«
L,Tray Hot I oway ASLA
Emily M. " ahoney 1 ASIA
Dodd B u ckmaster G Ias AICP
THE RESERVE AT TEQuEsTA: PLANNED REsIDENTIAL DEVELOPMENT
TEQuEsTA, FLORIDA
SPECIAL EXCEPTION
JUSTIFICATION STATEMENT
JUNE 309 2020
REviSED: OCTOBER 9, 2020
INTRODUCTION/REQUEST:
On behalf of the Owner, Royal Tequesta, LLC, Gentile Glas Holloway O'Mahoney&Associates, Inc.
respectfully requests review and approval of the special exception application to the recently approved
"The Reserve at Tequesta." After diligent coordination between the Owner, and Village staff, the
Owner proposes a fee simple site plan and plat that provides for the same previously approved 69
units, and amenities located on ± 6.03 acres. With this site plan modification, the Owner is also
requesting to develop the project as a Planned Residential Development (PRD) with waivers. Note,
the PRD process is a special exception use within the R-2 zoning district.
PROJECT ADDRESS:
As the proposed site is comprised of two parcels with separate addresses, the applicant intends to use
the 746 US Highway 1 address for the purposes of site development.
PROJECT OVERVIEW/JUSTFICATION
In 2019, The Reserve at Tequesta was approved for a land use change to Residential Medium Density,
and a Rezoning change to R-2; Multiple Family. On January 9, 2020, the site plan consisting of 69
condominium units were approved.
After close coordination with the project team, and Village staff members, the Owner has decided that
Fee Simple Ownership is more desirable and marketable. As such, the site plan and other
miscellaneous drawings have been updated to reflect the technical differences from the approved
condominium plans. Note, there is NO increase in density or any other substantial changes to the site
design. The applicable plans have been updated to show fee simple lots, and other improvements that
will ensure a cohesive community. Further, the development will be tied together by a Homeowner's
Association, and have a Master Declaration of Restrictive Covenants, ensuring that the 69 unit
development, will remain a 69 unit development in perpetuity. The Unity of Title, Declaration of
Restrictive Covenants and HOA Articles of Incorporation for the development are included with this
submittal.
Over the last few years, the owner has diligently researched the housing market in the Village of
Tequesta, and has determined that the current market trends are excellent to offer a well-designed infill
development project that provides a modest impact to growth and services in the area. The proposed
infill development will not have significant traffic impacts on the surrounding roadway network, and
will bring substantial economic benefits to Tequesta. Further, the project will have no impact to the
existing surrounding land uses, and the development remains in conformance with the PRD height
requirement as it does not exceed 4 stories, or 50'.
1907 Commerce Lane, Suite 101 Jupi1t r, F1orida 3 45 561-5/.5- 56 5b1-5 ,1;-.) 6 Va . h,t).cot
Page 240 of 478
Agenda Item #10.
The Reserve at Tequesta—Planned Residential Development
Tequesta, Florida
Replat/ Site Plan Review
June 29, 2020
Revised: October 9,2020
2 1 P a g
Last, as this site plan modification does not present any changes to the approved design,the previously
submitted (and acknowledged) service availability letters remain valid.
COMPATABILITY WITH SURROUNDING PROPERTIES:
The subject properties are situated in a commercial corridor on US Highway 1, approximately 53 5'
south of County Line Road. Below is a chart showing the surrounding Land Use and Zoning. As
previously mentioned, the companion land use map amendment to residential medium density, and
rezoning requests will increase the compatibility, in the area as the developments to the north and east
have residential uses.
Property Future Land Use Zoning
Subject Properties Residential Medium Density R-2; Multiple Family District
Vacant
North Residential Medium Density R-2; Multiple Family District
Casa Del Sol
South Commercial C-2; Community Commercial
Countyline Plaza
East HR-12 RH
Broadview Condominium unincorporated PBC unincorporated PBC
West Institutional C-2; Community Commercial
Tequesta Public Works District
PLANNED RESIDENTIAL DEVELOPMENT:
The purpose of the Planned Residential Development (PRD) process is to encourage the
accomplishment of a more complete living environment through enlightened and imaginative
approaches to community development.
Based on staff s interpretation of the code, the PRD process is required in order to modify the
ownership from condominium to fee simple.While there are no substantial plan changes to the recently
approved development, the definition of a multiple family dwelling unit specifically excludes
townhome use from its definition. Since the townhome housing type is excluded as a multiple family
use, the subject development, which proposes property lines for the proposed units, is subject to the
PRD process which is a Special Exception in the R-2 zoning district. The specific Special Exception
criteria will be justified elsewhere in this document.
WAIVERS
As previously mentioned, the submitted site plan was approved by Village Council in January, 2020
as a condominium project. The only change with this proposal is that the Owner, now proposes fee
simple ownership. As such,the subject application is being submitted, in accordance with the Village
code as a Planned Residential Development. The Owner is requesting three (3)waivers for the project.
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Agenda Item #10.
The Reserve at Tequesta—Planned Residential Development
Tequesta, Florida
Replat/ Site Plan Review
June 29, 2020
Revised: October 9,2020
3 1 P a g(,
As stated in Sec. 78-226 of the Village code, and as part of the review and approval process by the
Village, the Village Council may modify such regulations for the PRD, provided the spirit and intent
of this chapter are complied with in the total development of the PRD.
With that, the Applicant requests three waivers for the project, as depicted in the chart below.
Waiver* Required Proposed
78-225(10)(b)— 35% minimum 31.5%
Open Space Requirement
78-226 (2)— 30% maximum 30.9%
Lot Coverage
78-226 (3)(d)(3)— 25' front 18' &22'
Setbacks 15' side corner varies 7.6' — 11.33'
*Waiver requests are also denoted in the site data on sheet SP-1
Section 78-221 of the Village's zoning code states that the purpose and intent of a Planned Residential
Development (PRD) is to encourage imaginative and enlightened approaches to community
development. The subject property has remained undeveloped for a number of years, and the Owner
has developed the submitted site plan that is logical, and stays below the required density set forth in
the Comprehensive Plan. Additionally, the requested waivers are minimal, and are only requested
because of the more strict requirements within the Planned Residential Development process, versus
the previously approved site plan that was only required to follow the R-2 zoning district standards.
To summarize, the Owner proposes a 3.5% decrease in open space, a 0.9% increase in lot coverage,
and a minimal deviation from the front and side corner setbacks (specific to Planned Residential
Developments).
COMMUNITY BENEFIT
In exchange for the approval of the requested PRD waivers, the Owner will provide additional
landscaping and amenities for the development. Note, the development provides for multiple open
areas within the proposed community. As such, the Owner proposes to increase the number of overall
plantings,and number of trees to enhance the"place making"aspect of the development. Additionally,
the site plan has been updated to provide for additional dog bag dispenser stations to aid in ensuring a
pleasant, clean community can be maintained for the future residents. The site will also provide for
cross access, in addition to the creation of a new 7'-8' concrete public walk adjacent to US Highway
1.
Cross Access
This site proposes to provide gated pedestrian access to the North (Casa Del Sol) through the subject
property, and to the South (Countyline Plaza). The intent is to provide an effective means of mobility
for the residents of these properties to this commercial strip center. Once the access gate is in place,
a code will be given to the existing residents of Casa Del Sol, and future residents of The Reserve.
Please note, a Temporary Cons truction/Permanent Access Easement Agreement with Countyline
Plaza for the subject cross access has been submitted to the Village of Tequesta for review. It will be
fully executed, and recorded upon approval of the proposed site plan.
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Agenda Item #10.
The Reserve at Tequesta—Planned Residential Development
Tequesta, Florida
Replat/ Site Plan Review
June 29, 2020
Revised: October 9,2020
4 1 P a g
Please see tables below that depict the increase in particular site amenities
Amenity Approved Plan (January 2020) Proposed Plan
Dog Dispenser Station 3 5
Landscape Materials* Approved Plan (January 2020) Proposed Plan
Total Proposed Palms 61 63
Total Native Trees 60.5% 53.5%
Total Native Shrubs and 73.5% 75.9%
Groundcovers
Total Native Vegetation 71.5% 75.6%
*Please refer to Landscape Plans for additional details
Planned Residential Development Design Criteria
The Applicant will address the below criteria as stipulated in Section 78-227 of the Village's Zoning
Code.
(1)General objectives.
a. A suitable residential environment shall be provided by utilizing the potential advantages of the site,
including suitable placement of the buildings and facilities in relation to the site and surrounding
influences.
Response: The site has been designed to promote a cohesive neighborhood development focused
around the surrounding residential community to the north, and commercial plaza to the south.
Features such as dog stations, benches, and shade features enhance the internal component of the
residential development, and the pedestrian cross access to the commercial plaza enhances the
possibility of creating alternative mobility options.
b.Adequate open space related to buildings and other land improvements shall be provided.
Response: The site provides for 31.S% open space. A waiver has been requested for the 3.S%
shortage.
c. Required off-street parking facilities shall be conveniently located within a reasonable distance to
the dwelling unit.
Response: All units have driveways, and garages to accommodate parking. Guest parking spaces
are provided throughout the development, and are identified on the site plan.
d. Existing trees and other natural features of the site shall be preserved.
Response: The landscape design (which was previously approved) has preserved trees, where
possible, and meets the general requirements of the Village's landscape code.
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Agenda Item #10.
The Reserve at Tequesta—Planned Residential Development
Tequesta, Florida
Replat/ Site Plan Review
June 29, 2020
Revised: October 9,2020
5 1 P a g
e. The appearance of the buildings and grounds shall be enhanced with supplemental plantings to
screen objectionable features and to control noise from areas or activities beyond the control of the
PRD.
Response: "ere feasible, plantings have been provided to enhance the development, and create
visual interest for the future residents of the community. Additionally, the Owner is adding
additional plantings in exchange for the waiver requests for the development.
f. All of the elements of the site plan shall be harmoniously and efficiently organized in relation to
topography, the size and shape of the tract, the character of adjoining property, and the type and
size of the buildings, in order to produce a livable economical land use pattern.
Response:As this is an infill parcel, the proposed design is consistent with the property to the north
(Casa Del Sol) which is an approved Planned Commercial Development, and is consistent with the
other neighboring residential properties which are located in Unincorporated Palm Beach County
continuing a consistent land use pattern.
g.Arrangements of buildings shall be in favorable relation to the natural topography, existing desirable
trees, views within and beyond the site, and exposure to the sun and other buildings on the site.
Response: The current design, previously approved by Village Council will utilize the existing
topography, and provide a community oriented design with the ability for unobstructed views to the
surrounding areas.
(2)Access and circulation.
a. Principal vehicular access points shall be designed to encourage smooth traffic flow and
minimize hazards to vehicular or pedestrian traffic. Merging and turning lanes and traffic medians
shall be required where existing and anticipated heavy traffic flows indicate needed controls.
Minor streets within the PRD shall not connect with minor streets in adjacent developments in
such a way so as to encourage through traffic. In addition, visibility triangles of 25 feet in both
directions from the point of intersecting lot lines shall be maintained at all intersections.
Response: The proper ingress/egress points are designed for safe vehicular and pedestrian
circulation.
b. Access to the dwellings and circulation between buildings and other important project facilities
for vehicular and pedestrian traffic shall be comfortable and convenient for the residents.
Response: The unit access, as currently designed, is convenient for the end user.
c. Access and circulation for firefighting equipment, furniture moving vans, garbage collection,
deliveries and other large utility vehicles shall be planned with the appropriate design criteria as
determined by the village engineer.
Response: The site is designed for larger vehicles to service the needs of the site.
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Agenda Item #10.
The Reserve at Tequesta—Planned Residential Development
Tequesta, Florida
Replat/ Site Plan Review
June 29, 2020
Revised: October 9,2020
6 P a g
d. Streets shall not occupy more land than is required to provide access as indicated, and shall not
create unnecessary fragmentation of the development into small blocks, nor shall streets be so laid
out or constructed as to interfere with desirable drainage in or adjacent to the development.
Response: The proposed asphalt drives do not occupy more land than required, as the sheet
network consists of ingress into the site and a circular "U"shaped drive (Royal Palm Circle) to
provide access to all perimeter buildings. There are two breaks in the street (Seagrape Lane, and
Clusia Lane) to service the buildings internal to the development (Buildings 10, 11, 12, 13, 14).
e. All major streets shown on the approved site plan as arterials or collectors shall be limited access
facilities and the only vehicular access thereto shall be by public street.
Response:Access to the proposed asphalt drives is provided via US Highway 1.
f. Arterial and collector streets shall connect with similarly classified streets in adjacent
developments. If no streets exist, the village engineer shall determine whether future connections
are likely and desirable and shall have the authority to alter the design of the PRD to accommodate
his judgment.
Response: To encourage walkability, a pedestrian connection to the neighboring development is
proposed.
(3) Garbage and refuse collection.
a. Outdoor collection stations shall be provided for garbage and trash removal in a planned
residential development when individual collection is not made and indoor storage is not
provided.
Response: Waste Management will provide curbside pickup.
b. Outdoor collection stations shall not be offensive and shall be enclosed by a fence or wall at
least as high as the containers and in no case less than four feet. Such stations shall be provided
with self-closing gates to provide access to the containers.
Response: This development will not provide a general collection area. As stated above, each
unit will have curbside pickup.
c. Access to indoor or outdoor collection stations shall be such that the removal vehicle need not
make several unnecessary turning or backing movements.
Response: With the previous approval of this development, Waste Management has reviewed the
site plan, and provided a letter of confirmation to service the site.
SPECIAL EXCEPTION:
As previously stated, the proposed PRD is a designated Special Exception Use in the R-2 zoning
district. The required criteria, as stipulated in Section 78-363 is addressed below:
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Agenda Item #10.
The Reserve at Tequesta—Planned Residential Development
Tequesta, Florida
Replat/ Site Plan Review
June 29, 2020
Revised: October 9,2020
7 P a g
1. The proposed use is a permitted special exception use.
Response: The PRD use is a permitted special exception use as allowed by Section 78-174(d)(7)
2. The use is so designed, located and proposed to be operated so that the public health, safety,welfare
and morals will be protected.
Response: The proposed use does not present a detriment to the established public health, safety,
welfare standards. The subject development received approval from the Village Council in January
2020, and was found to be consistent with these standards.
3. The use will not cause substantial injury to the value of other property in the neighborhood where
it is to be located.
Response: The PRD use will positively affect the adjacent property values, as it will be a desired
residential community that will aid in furthering efficient pedestrian and vehicular mobility in an
established US I corridor.
4. The use will be compatible with adjoining development and the proposed character of the district
where it is to be located.
Response: The proposed development is comparable to the Casa Del Sol PCD to the north, and
provides a pedestrian connection to the north (Casa Del Sol), and south (Countyline Plaza). Note,
in 2019, the Owner and project team met with the neighboring property owners to the North to
discuss the project. There were no public comments made during the public hearing process.
5. Adequate landscaping and screening is provided as required in this chapter.
Response:Appropriate landscaping, consistent with the zoning code standards are provided for in
the proposed development.
6. Adequate off-street parking and loading is provided and ingress and egress is so designed as to
cause minimum interference with traffic on abutting streets.
Response: The ingress and egress to the site have been designed to provide minimal impact to the
adjacent roadway. Additionally, the development provides for 226 parking spaces, inclusive of 19
guest spaces.
Further, the Applicant will demonstrate compliance with the following requirements required for
approval as listed in Section 7 8-3 64.
1. Compliance with all elements of the village comprehensive plan.
Response: The project was previously approved, and was found to be compliant with all pertinent
elements of the Village's Comprehensive Plan, more particularly the Future Land Use Element.
The Applicant has previously demonstrated consistency with several policies and objectives for the
approved land use change to Medium Density Residential. The requested modification to Fee
Simple Townhomes, still maintains consistency with the Village's Comprehensive Plan.
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Agenda Item #10.
The Reserve at Tequesta—Planned Residential Development
Tequesta, Florida
Replat/ Site Plan Review
June 29, 2020
Revised: October 9,2020
8 P a g
2. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in case of
fire or catastrophe.
Response: As shown on the site plan, the project was approved with the appropriate sidewalk
connections to encourage pedestrian mobility on theproperty. Also, the site is designed with proper
tinning radii for efficient vehicular circulation inclusive of fire ire rescue trucks.
3. Off-street parking and loading area, where required, with particular attention to the items in
subsection(2) of this section.
Response: The required guest parking spaces are placed in an area that pose no adverse impact on
vehicular circulation on the site. Each individual unit will have its own designated parking area in
the driveway. Last, as this is a residential development, a loading area is not required.
4. Nuisance factors detrimental to adjacent and nearby properties and the village as a whole. Nuisance
factors shall include but not necessarily be limited to noise, odor, smoke, glare, electrical
interference and/or mechanical vibrations.
Response: There will be no nuisance factors presented with this project. The project is an inflll
development and will work in conjunction with the surrounding area.
5. Utilities, with reference to location, availability and compatibility.
Response: The development will have the appropriate needed utilities. Please note, in the original
site plan approval for this project (approved January 10, 2020), the Applicant provided
confirmation of service from the applicable utility providers.
6. Screening and buffering, with reference to type, dimensions and character.
Response: The development will provide the required landscape buffers, as required by code, and
will aid in creating the uniform residential character encouraged by the Planned Residential
Development.
7. General compatibility with adjacent properties and other property in the district.
Response: The development was previously found to be consistent with the adjacent properties, as
it is defined as an infll project. Moreover, the Applicant is providing pedestrian cross access to
the properties to the north and the south, which will encourage walkability to the neighboring
County Line Plaza.
8. Whether the change suggested is out of scale with the needs of the neighborhood or the village.
Response: This proposed fee simple Townhome project is not out of scale with the surrounding
properties, or Village. It is a well-designed 69 unit development that will increase the housing stock
in the Village, and aid in further establishing the recently redesigned US-1 corridor.
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Agenda Item #10.
The Reserve at Tequesta—Planned Residential Development
Tequesta, Florida
Replat/ Site Plan Review
June 29, 2020
Revised: October 9,2020
9 1 P a g
9. Any special requirements set out in the schedule of site regulations in section 78-143 for the
particular use involved.
Response: All other requirements of the R-2 zoning district or met, as shown in the site data on
Sheet SP-1.
COMMUNITY OUTREACH:
The Owners, and project team have always been available to the immediate neighbor to the north(Casa
Del Sol) to discuss plans for the subject property. On August 20, 2019, the Owner's representative,
and members of the project team met with approximately a dozen members of the Casa Del Sol
Association, and the HOA Community Manager from Vesta Management. The Owner's
representative also had follow up discussion with residents of the community, which ultimately
resulted in no concerns being raised to the Village Council ahead of the January 10, 2020 approval.
As the Owner wants to remain a good neighbor, steps have been taken to ensure that Casa Del Sol is
informed about this current amendment to revert back to Fee Simple. At the time of this submission,
the development team has contacted the Casa Del Sol property management company, to provide an
overview of this request.
CONCLUSION:
To recap, the Owner is proposing; a Site Plan Modification to the approved site plan for The Reserve
at Tequesta that mainly focuses around revising the ownership type to a fee simple development for
the approved 69 unit development on 6.03 acres. Additionally, the Applicant is proposing a Planned
Residential Development for the fee simple development, and as such, is requesting a Special
Exception.
(Note, the site plan modification documents have been submitted under separate cover).
The Owners have been extremely diligent in working with Village staff, and the design team to ensure
that the final product is sensitive and respectful to the existing community, and character of the area.
The modified project remains consistent with particular elements of the Village Comprehensive Plan,
and will not be a detriment to any goals, objectives, and policies. Additionally,the submitted site plan
shows compliance with the R-2 zoning district (consistent with the previous approval), Planned
Residential Development standards, and Special exception criteria. As previously stated, the Planned
Residential Development will be tied together by an HOA, and have a Master Declaration of
Covenants and Restrictions, ensuring that the 69 unit development,will remain a 69 unit development
in perpetuity.
With the approval of this dynamic project, Tequesta will further their mission in establishing itself as
a premier destination in northern Palm Beach County, and with that, Gentile Glas Holloway
O'Mahoney& Associates, Inc., respectfully request review and approval of the submitted application
package. The project team at Gentile Glas Holloway O'Mahoney & Associates, Inc. consists of M.
Troy Holloway, PLA, Ben Dolan, and Alec Dickerson.
P:\Tequesta-The Reserve 18-0820\Applications\Special Exception 2020\Application Materials\The Reserve Special Exception.docx
Page 248 of 478
Agenda Item #100
CFN 20040415143
OR BIB 17268 PG 1234
RECORDED 07/19/2004 08:53:03
Palm Bench County, Florida
Prepared By: ANT S,53C 000.00
Donald M. Allison, Esquire Doc Steep 59,500.00
Gillespie & Allison, P.A.
15 south Federal Highway Dorothy H Milken, Clerk of Curt
.0-4 'to 306
Raton, Fl 33432
1
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eIIDNumber: 60-43-40-30�-00�-001-0170 & 0120
tee#1 TIN;
0
Grantee#2 TIN.
z
2varr eed
This Indenture, 4ach
his 13 th day of July , 2004 A,D., Between
The Vary Gr td. , a Florida limited partnership
of the County of PalII , State of Florida ,grantor, and
Royal Tequesta, L a Florida limited liability company
whose address is: 105 Fou ad, c\o Louis J. Capano & Sons
Wilmingt 19803
of the County of New Cas tl , State of Delaware ,grantee.
Wltne88eth that the GRANTOR,for ideration[//[��of the sum/�/��jof / DOLLARS,
t] Q
....-------------w-ww--- DYLLsi7�G � �0}--------���......w.F...,r,,.�,���� LVLLI!"fl\L7 4DY 7S i ,
and other good and valuable considerate OR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted,bargained and sold to the said GRA d GRANTEE'S heirs,successors and assigns forever,the following described land,situate,
lying and being in the County of Palm Beach State of Florida to wit:
PARCEL 1:
The North 200 feet of th outh 650 feet of Government Lot 1, West of
State Road #4 (also known as tate Road #5 or U.S. #1) , in Section
30, Township 40 South, Ran East, Palm Beach County, Florida,
said parcel of land frontin a West side of U.S. Highway #1.
TOGETHER WITH:
PARCEL 2:
A parcel of land lying in Gover t 1. Section 30, Township 40
South, Range 43 East, Palm Beach o Florida.
Said parcel being more particularl ibed as follows:
From the Southwest corner of said nt Lot 1, Bear N. 0 degrees
1611011 E. , along the Westerly line o d Goverment Lot 1, a
distance of 650.0 feet to the Point o ing of the herein
described parcel of land: thence conti e 0 degrees 16,10" E,
along the Westerly line of said Gover Lot 1, a distance of
147.47 feet; thence S. 89 degrees 2413011 E. a distance of 620.98
feet; thence N. 0 degrees 3011011 E. , a di a of 3.49 feet; thence
S. 89 degrees 29150" E. , a distance of 81. eet to a point in the
(Continued on Attache
and the grantor does hereby fully warrant the title to said land, and will defend the s lawful claims of all persons whomsoever.
In Witness Whereof,the grantor has hereunto set its hand and seal the day and ye written.
Signed,sealed and delivered in our presence: The Nara Gr p t . , a Florida
limited pa
Cg�
By: (Seal)
rimed Name: PA FL HA T. D ' is 1V'ea
Witness Geiser Partr
P.O.Address:4521 PGA Boulevard,Suitt 308
Palm Beach Gardens,FL 33418
Pr, ame: A4,�t S40i
ess
STATE OF Florida
COUNTY OF Palm Beach
The foregoing instnunent was acknowledged before me this 13 th day of July ,2 0 0 4 by
T. Dominic Vara, General Partner on behalf of The Vara Group, Ltd. , a
Limited Florida Partnership
he is personally known tome or he has produced his Florida driver's license as' t:ification.
t
PA71MALMAM Printed Name: PATA
N0t0y _ 0f Notary Public
myca T**m0;b,0d%2W4
Cwv*d r:#=ntW My Commission Expires:
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Lawratedby 0 Dii0sy Systems,Inc. 2003 (663)763-5555 Form FLVVQ-i
_ Page 249 of 478
Book172881Page 1284 Page 1 of 2
Agenda Item fil 00
Warranty Deed -Page Z
Parcel ID Dumber: 60-43-40-30--00-001-0170 & 0120
westerly r' ht of ray line of State Road No.5 (U.S. Highway No.1) ,
said point ing 51.00 feet (measured at right angles) , from the
canter said State Road No. 5; thence S. 16 degrees 50120" Z.,
along s 'd erly right of way lima, a distance of 157.14 feat;
thence N. egrees 29150" N., 748.35 feet to the Point of Beginning
of the he a' dcribed parcel of land.
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- Page 250 of 478
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Agenda Item #10.
AMENDED
ARTICLES OF INCORPORATION
OF
THE RESERVE AT TEQUESTA
PROPERTY OWNERS ASSOCIATION,INC.
1
Page 275 of 478
Agenda Item #10.
AMENDED ARTICLES OF INCORPORATION
THE RESERVE AT TEQUESTA
PROPERTY OWNERS ASSOCIATION,INC.
The Board of Directors of The Reserve at Tequesta Property Owners Association, Inc., a
Florida not for profit corporation, by its undersigned Chairman/President, for the purpose of
operating a not-for-profit corporation in accordance with the laws of the State of Florida, including
Chapters 617 and 720 of the Florida Statutes acknowledges and files these Amended Articles of
Incorporation in the Office of the Secretary of the State of Florida.
ARTICLE I.
NAME
The name of this corporation is THE RESERVE AT TEQUESTA PROPERTY OWNERS
ASSOCIATION, INC. For convenience, the corporation shall herein be referred to as the
"Association."
ARTICLE II
PRINCIPAL OFFICE AND MAILING ADDRESS OF THE ASSOCIATION
The initial principal office and mailing address of the Association is located at 1054 Gateway
Blvd., No. 107, Boynton Beach, Florida 33426. The Association may, however, maintain other
offices and transact business in such other places within or without the state of Florida as may
from time to time be designated by the Board of Directors.
ARTICLE III
REGISTERED OFFICE AND REGISTERED AGENT
The street address of the registered office of the Association is 1699 S. Federal Highway, Suite
300, Boca Raton, FL 33432, and the name of the initial registered agent of the Association at that
address is Donald M. Allison.
ARTICLE IV
DOCUMENTS AND DEFINITIONS
The words and terms used in these Articles shall have the same meaning as set forth in the
Declaration of Restrictive Covenants for The Reserve at Tequesta Property Owners Association,
Inc., dated 2020, as amended from time to time (hereinafter called the
"Declaration").
ARTICLE V
PURPOSES OF THE ASSOCIATION
The objects and purposes of the Association are:
Page 276 of 478
Agenda Item #10.
A. To administer any matters affecting the "Property" (as defined in the Declaration)
for which responsibility has been lawfully delegated to, imposed upon, or duly accepted by the
Association, including, in particular, the dedicated Tracts shown on the Plat of The Reserve at
Tequesta, as recorded in Plat Book , Page , the exterior portions of the parcels shown
on said Plat and the storm water management system facilities ("SWMS") on the Property and,
in connection therewith, to convey the operation and maintenance of the SWMS to another
entity.
B. To collect on behalf of the Association, all assessments levied by the Association
against"parcels" (as identified in the Declaration) owned by Members of the Association.
C. To furnish, contract for or otherwise provide for such services, capital
improvements, and equipment for the Property as may be deemed necessary or desirable by the
Board of Directors of the Association.
D. To carry out any of the duties and obligations assigned to it as an Association by
its Members or by the terms of the Declaration.
F. To operate without profit and for the sole and exclusive benefit of the Members of
the Association.
G. To exercise all other statutory powers and privileges that are afforded to Florida
corporations not for profit, including, without limitation, those specific powers which may be
exercised under and pursuant to Sections 617.0302, 720.303 and 720.308 of the Florida Statutes.
ARTICLE VI
POWERS OF THE ASSOCIATION
The Association shall have all of the common law and statutory powers of a corporation
not-for- profit, including the powers set forth in Chapters 617 and 720 of the Florida Statutes,
which are not in conflict with the terms of these Articles and the Declaration, and the rights,
powers and duties reasonably necessary to operate and maintain the Association, and administer
the Property pursuant to the Declaration and these Articles, including without limitation, the
following:
A. To purchase, accept, lease or otherwise acquire title to, and to own, hold,
mortgage, rent, sell, convey or otherwise dispose of, any and all real or personal property related
to the purposes or activities of the Association.
B. To make, enter into, perform and carry out contracts of every kind and nature with
any person, firm, corporation or association for services to provide for operation and
maintenance of the SWMS.
C. To sue and be sued.
Page 277 of 478
Agenda Item #10.
D. To establish a budget, fix assessments and assess Members and parcels within the
Property which are subject to assessment pursuant to the Declaration for the purpose of defraying
the expenses and costs of accomplishing the operation and maintenance of the Property and the
said SWMS located thereon, and to create, at its election, reasonable reserves for such
expenditures, including a reasonable contingency fund for the ensuing year and a reasonable
annual reserve for anticipated needs of the Association.
E. To place liens against any parcel subject to assessment for delinquent and unpaid
assessments or charges and to bring suit for the foreclosure of such liens or to otherwise enforce
the collection of such assessments and charges for the purpose of obtaining revenue in order to
accomplish the purposes and objectives of the Association.
F. To hold funds solely and exclusively for the benefit of the Members of the
Association for the purposes expressly set forth in these Articles of Incorporation.
G. To adopt, promulgate and enforce rules, regulations, bylaws, covenants,
restrictions and agreements in order to accomplish the expressed purposes for which the
Association is organized.
H. To delegate such of the powers of the Association as may be deemed to be in the
Association's best interest by the Board of Directors and hire personnel to perform the services
required for the responsibilities and operation of the Association.
I. To charge recipients of services rendered by the Association and users of property
of the Association where such charge is deemed appropriate by the Board of Directors.
J. To pay all taxes and other charges or assessments, if any, levied against property
owned, leased or used by the Association.
K. To enforce by any and all lawful means the terms and provisions of these Articles
of Incorporation and the Declaration. The governing provisions of each of said documents shall
remain in effect for a minimum period of twenty (20) years from the dates thereof, and shall be
automatically renewed thereafter.
L. To do any and all other acts necessary to accomplish the expressed objects and
purposes of the Association, as set forth in these Articles of Incorporation and the Declaration.
ARTICLE VII
MEMBERSHIP
A. The Members of this Association shall consist of all Owners of parcels subject to
the provisions of the Declaration. Owners of parcels shall automatically become Members upon
acquisition of the fee simple title to their respective parcels. Each such Owner is hereinafter
sometimes referred to as a "Member".
Page 278 of 478
Agenda Item #10.
B. The membership of any Member in the Association shall automatically terminate
upon conveyance or other divestment of title to such Member's parcel, except that nothing herein
contained shall be construed as terminating the membership of any Member who may own two
(2) or more parcels, so long as such Member owns at least one (1) parcel.
C. The interest of a Member in the funds and assets of the Association cannot be
assigned, hypothecated or transferred in any manner, except as an appurtenance to the parcel, to
which such Member's interest is related.
D. The Secretary of the Association shall maintain a list of the Members of the
Association. Whenever any person or entity becomes entitled to membership in the Association,
it shall become such person's obligation to so inform the Secretary in writing, giving such
person's name, address and parcel number or other identification. Any notice given to or vote
accepted from the prior Owner of a parcel before receipt of written notification of change of
ownership of such parcel shall be deemed to be properly given or received. The Membership
rights of a parcel owned by a corporation, partnership, limited liability company, limited
partnership, Trust or other entity shall be exercised by the individual designated by the Owner
(the "Voting Representative") in a written instrument provided to the Secretary of the
Association. The Secretary shall be entitled to rely upon the Association's records until notified
in writing of any change in parcel ownership.
E. No action taken by a vote of the Members of the Association shall be binding
upon the Association if taken in the absence of a quorum. Except as otherwise provided for in the
Bylaws, if any, or the Declaration for certain actions, the Board may determine the number of
Members which will constitute a quorum, which shall in no event be less than the Members or
the proxies therefor entitled to cast fifty percent (50%) of the total votes of the Association.
ARTICLE VIII
BOARD OF DIRECTORS
A. The business of the Association shall be managed by a Board of Directors, which
shall consist of a minimum of three (3) Directors. The initial Board of Directors consists of the
following persons:
NAME ADDRESS
Louis J. Capano, Jr. 105 Foulk Rd., Wilmington, DE 19803
Stephen Cohen 1054 Gateway Blvd.,
Boynton Beach, FL 33426
Louis J. Capano, III 105 Foulk Rd., Wilimington, DE 19803
Page 279 of 478
Agenda Item #10.
B. Directors may be removed, and vacancies on the Board shall be filled, in the
manner provided by the statutory law of the State of Florida.
C. No action taken by a vote of the Board shall be binding upon the Board or the
Association if taken in the absence of a quorum of the Board. A majority of the number of
Directors then in office shall constitute a quorum for the transaction of business.
D. All of the rights, powers and responsibilities of the Association existing under the
Bylaws and Declaration shall be exercised exclusively by its Board and its elected officers,
agents, contractors, delegates and designees.
ARTICLE IX
OFFICERS
A. The officers of the Association shall consist of a President, Secretary and
Treasurer, and such other officers as the Board may from time to time create by resolution, all of
which shall be elected by and serve at the pleasure of the Board. The names and addresses of the
persons who shall act as the officers of the Association until the election of their successors are
as follows:
NAME OFFICE ADDRESS
Louis J. Capano, Jr. President 105 Foulk Road, Wilmington, DE 19803
Stephen Cohen Secretary 1054 Gateway Blvd.,
Boynton Beach, FL 33426
Jim Katelan Treasurer
B. The Board shall elect the President, Secretary, and the Treasurer. Such officers
shall be elected annually by the Board at the first meeting of the Board following the Members'
Annual Meeting. The President shall be a Director of the Association but no other officer need
be a Director. The same person may hold two (2) offices; however, the same person may not be
both the President and the Secretary.
ARTICLE X
INDEMNIFICATION
The Association shall indemnify and hold harmless every Director, every Officer and
every Person who is duly appointed by the Association to act as its representative, and their
heirs, personal representatives, family members, executors and administrators, against all loss,
cost and expenses reasonably incurred in connection with any action, suit or proceeding to which
said Person may be made a party by reason of being or having acted in a representative capacity,
Page 280 of 478
Agenda Item #10.
including reasonable fees for counsel, except in cases where such Person is finally adjudged in
such action, suit or proceeding to be guilty of willful misconduct. In the event of any claim for
indemnification hereunder which is based upon a settlement made or entered into by the
indemnitee, the settlement shall qualify for the Association's indemnification only if the Board
approves such settlement and indemnification as being in the best interests of the Association.
The foregoing rights shall be in addition to all other indemnification rights to which such Person
may be entitled, by law or otherwise.
ARTICLE XI
DURATION
This Association shall have perpetual existence, unless it is dissolved as herein provided.
ARTICLE XII
DISSOLUTION OF THE ASSOCIATION
A. The Association may be dissolved upon a resolution to that effect being approved
unanimously by the Members of the Association, or dissolution may occur in the manner
provided by Section 617.1430 of the Florida Statutes. If a judicial decree is necessary at the time
of dissolution, then after receipt of an appropriate decree as provided in Section 617.1433 of the
Florida Statutes, or any applicable statute then in effect the Association shall be dissolved.
B. Upon dissolution of the Association, all of its assets remaining after provision for
payment of creditors and all costs and expenses of such dissolution shall be distributed in the
following manner:
(1) Any property or interests, including without limitation any
property consisting of or comprising the surface water
management system, as determined by the Board of Directors
of the Association to be appropriate for dedication or
conveyance to any applicable governmental agency or
authority, may be dedicated or conveyed to such agency or
authority, if acceptable to the agency or authority. If the
dedication of conveyance of the surface water management
system is not accepted by said authority, then said property will
be dedicated to a similar non-profit corporation.
(2) All remaining assets, or the proceeds from the sale of such
assets, shall be apportioned among the parcels, which are then
subject to assessment in equal shares, and the share attributable
to each parcel shall be distributed to the then Owners of each
parcel.
Page 281 of 478
Agenda Item #10.
ARTICLE XIII
AMENDMENTS
A. There shall be no amendment to these Articles which shall abridge, amend or alter
the priority of any Institutional Mortgagee, or the validity of any Mortgage held by an
Institutional Mortgagee, without the prior written consent of such Mortgagee. No amendment
shall be made which is in conflict with applicable governmental laws and regulations, or which is
in conflict with the Declaration, unless a corresponding amendment to the Declaration is also
adopted. Any amendment proposed to these Articles which would affect the SWM system will
be submitted to the South Florida Water Management District ("SFWMD") for a determination
of whether the amendment necessitates a modification of the SFWMD permit that affects the
Property. If a modification of the permit is necessary, the SFWMD will so advise the
Association.
B. Amendments to these Articles shall be proposed and adopted in the following
manner:
(1) Amendments may be proposed by a resolution passed by a
majority of the entire Board, setting forth the proposed
amendment and directing that it be submitted to a vote at a
special or annual meeting of the Association; or, by a petition
signed by twenty-five percent (25%) of the Members and
delivered to the Secretary of the Association. Such proposed
amendment shall be transmitted to the President of the
Association or other Officer acting in the absence of the
President, who shall thereupon call a special meeting of the
Membership, unless the amendment is to be considered at an
annual meeting.
(2) Written notice of the meeting, setting forth the proposed
amendment, or a summary of the purpose and effect of such
amendment, shall be given to each Member entitled to vote
thereon. Any number of amendments may be submitted to the
Members and voted upon at any one meeting.
(3) In order for an amendment to be adopted, the same must be
approved by the then Owners of seventy five percent (75%) of
all of the parcels, who must vote in person or by proxy at a
meeting duly called for that purpose. A defeated proposed
amendment may be resubmitted any number of times by the
same method, except that it may be voted upon by the
Members only one time in any twelve (12) month period. No
provision of these Articles which requires a certain percentage
vote may be amended by a smaller percentage vote.
Page 282 of 478
Agenda Item #10.
(4) In the event that the then Owners of seventy-five percent (75%)
of all of the parcels, by and through their Voting
Representatives, sign a statement manifesting their intention
that a duly proposed amendment to these Articles be adopted,
then such amendment shall thereby be adopted, without regard
to the preceding paragraphs.
(5) Upon the approval of an amendment to these Articles, the
Articles of Amendment shall be executed and delivered to the
Florida Department of State, and a certified copy thereof shall
be recorded in the Public Records of Palm Beach County,
Florida.
ARTICLE XIV
BUDGET AND EXPENDITURES
The Association shall obtain funds with which to operate and maintain the dedicated
tracts, the exterior portions of the parcels and the SWMS by annual assessment of its Members in
accordance with the provisions of these Articles and the Declaration. Accordingly, the Board of
Directors shall annually adopt a budget for the operation of the Association for the ensuing year
and for the purpose of levying assessments against all parcels subject to assessments, which
budget shall be conclusive and binding upon all persons; provided, however, that the Board of
Directors may thereafter at any time approve or ratify variations from such budget and make
special assessments as required to accomplish the purposes of the Association.
IN WITNESS WHEREOF, the undersigned has executed this instrument on
2020.
The Reserve at Tequesta Property
Owners Association, Inc.
By:
Louis J. Capano, Jr., President
Page 283 of 478
Agenda Item #10.
Return to:
This Instrument Prepared by:
Donald M.Allison,Esquire
Graner,Platzek&Allison,P.A.
1699 South Federal Highway
Suite 300
Boca Raton,Florida 33432
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIVE COVENANTS
FOR RESERVE AT TEQUESTA
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made this
day of , 20201 by Royal Tequesta, LLC, a Florida limited liability
company (hereinafter referred to as "Declarant").
RECITALS:
A. Declarant is the owner of that certain real property situated in the Village of Tequesta,
County of Palm Beach, State of Florida, (the "Property'), which is more particularly
described as follows:
SEE EXHIBIT"A"LEGAL DESCRIPTION
A TTA CHED HERETO AND MADE PAR T HEREOF
B. In order to provide for the orderly development and efficient maintenance and
operation of the Property and to maintain the value thereof, Declarant hereby
imposes upon the Property, and each individual parcel created therein, the protective
covenants, conditions, restrictions, reservations, easements, equitable servitudes and
burdens, all running with the Property, as hereinafter set forth.
NOW, THEREFORE, Declarant hereby declares that the Property, and each individual
parcel created therein, shall be hereafter owned, used, sold, conveyed, improved, encumbered,
hypothecated, leased, demised and occupied, all subject to the covenants, restrictions, easements,
reservations, conditions, regulations, burdens, equitable servitudes, and all other provisions of
this Declaration as hereinafter set forth, which shall run with, benefit and burden all of the
Property, and shall be binding on all parties having any right, title or interest in the Property, or
Page 284 of 478
Agenda Item #10.
any portion thereof, including the parties' heirs, successors and/or assigns (hereinafter
collectively referred to as "Owners").
1. Association. Declarant has caused the formation and incorporation of a Florida
not for profit corporation named The Reserve at Tequesta Property Owners Association, Inc.
(hereinafter referred to as the "Association"), and has caused the Articles of Incorporation for the
Association to be duly filed and registered with the Secretary of State of Florida.
2. General Powers. The Association shall be entitled to exercise all powers and
authority provided to not-for-profit corporations by the laws of the State of Florida for the
purpose of administering any matters affecting the Property for which responsibility has been
lawfully delegated to, imposed upon or duly accepted by the Association, including, without
limitation, the storm water management system ("SWMS") facilities on the Property and, in
connection therewith, the authority to delegate and convey the operation and maintenance of the
SWMS to another entity. Any delegation or conveyance of the operation and maintain of the
SWMS to another entity shall require the prior written consent of the Village of Tequesta.
3. Specific Powers. The Association shall operate pursuant to the powers and
authorities provided by the provisions of Chapters 617 and 720 of the Florida Statutes and in
accordance with the Bylaws and the Articles of Incorporation of the Association, as amended.
Without limiting the generality of the foregoing statement, the Association shall be vested with
the specific powers to: (1) own and convey property; (11) operate, maintain and be responsible for
the SWMS as permitted by the South Florida Water Management District ("SFWMD") and Palm
Beach County, Florida, and for which purposes the SWMS is hereby declared to be common
area property; (111) establish rules and regulations to accomplish the stated purposes of the
Association; (iv) assess Members of the Association and enforce the collection of such
assessments, including, without limitation, assessments for the operation, maintenance and, if
necessary, the repair and replacement of certain improvements on the Property, including the
SWMS; (v) sue and be sued; (vi) contract for services to provide for operation, maintenance and
repair services in respect of the Property, including the SWMS; and (vii) enforce compliance
with all documents governing the Association and the Property, including this Declaration,
pursuant to F.S. §720.305, as amended from time to time.
4. SFWMD Enforcement. In accordance with applicable law affecting the Property,
SFWMD has the right to take enforcement action, including a civil action for an injunction and
penalties, against the Association to compel the Association to correct any outstanding problems
with the SWMS facilities.
5. Fences. Fences shall not be erected, removed or maintained upon the Property,
except as expressly permitted by the Association or applicable governmental authorities.
6. Landscaping. The Association shall be responsible for the maintenance of the
landscaping located on common areas within the community and the exterior portion of each
Owner's parcel. All landscaping improvements shall be regularly maintained in first class
condition and appearance, including, without limitation, such replanting as may be required,
mowing, trimming, fertilization, and weed, insect, and disease control. All dead or diseased sod,
trees, plants, shrubs, or flowers shall be promptly replaced. Each Owner shall cooperate with the
Page 285 of 478
Agenda Item #10.
Association in its efforts to maintain the attractive appearance of the parcels within the Reserve
at Tequesta and refrain from taking any action which would detract from such appearance.
7 Standard of Maintenance. All improvements located upon the Property shall be
consistently maintained in a safe, neat and effective manner by the respective parcel Owners, and
their successors and/or assigns.
8. Maintenance and Repair Obligations.
A. Parcel Owners. Except as specifically designated as obligations of the
Association, it shall be the responsibility of each Owner, at the Owner's sole cost and expense, to
maintain, repair, replace and restore the improvements on the Owner's parcel, in a neat, sanitary
and attractive condition. The maintenance and repair or replacement of an Owner's air
conditioning unit, heating unit, water heater, plumbing and electrical systems and all other
elements and components within the Owner's townhome residence shall be the sole
responsibility of such Owner. Broken or cracked glass shall be immediately replaced with the
same or substantially similar type of glass for safety concerns and cosmetic purposes. Torn, cut
or otherwise damaged screening and screen frames shall be replaced with new materials as soon
as reasonably possible after such damage occurs. All required maintenance and repair of an
Owner's residence or parcel, which is an obligation of a Parcel Owner, shall be accomplished in
strict conformance with the laws and ordinances of the Village of Tequesta. An Owner shall be
liable for any damages or costs incurred by the Association or the affected Owner(s), which arise
due to the negligence or willful misconduct of such Owner or the failure of such Owner to
perform his, her or its maintenance, repair or replacement, or restoration responsibilities under
this Paragraph.
B. Association. The Association shall maintain, repair, replace and/or reconstruct all
damage or loss to the common areas and any improvements thereon, as well as the roofs, party
walls and other structural components of the townhome units within the community. The costs of
such recovery work shall be allocated and apportioned by the Board of Directors as herein
provided. All property within the Plat of Reserve at Tequesta, outside of the designated Lots as
numbered and shown on the Plat, including all roads within the platted development shall be
deemed to be common area property as shown in the designated Tract "A" and the maintenance,
and repair of all such roads within the development shall be the exclusive perpetual obligations
of the Association without recourse to the Village of Tequesta. All property within Tracts "B",
"C", "D", and "E" and the improvements thereon, as described and shown on the Plat of Reserve
at Tequesta, shall be the perpetual maintenance obligation of the Association without recourse to
the Village of Tequesta. Any amendment to this Declaration which reduces or diminishes the
repair or maintenance responsibilities of the Association hereunder shall require the prior written
approval of the Village of Tequesta.
9. Lease of Parcels. No Parcel Owner may transfer possession or otherwise dispose
of a Parcel or any interest therein by lease, without the approval of the Association, except to
another Parcel Owner, or except as provided herein. No portion of a Parcel (other than an entire
Parcel) may be rented. All leases shall be approved by the Association and shall provide that the
Association shall have the right to terminate the lease upon default by the Tenant in observing
Page 286 of 478
Agenda Item #10.
any of the provisions of this Declaration, the Articles of Incorporation and By-Laws of the
Association, and the applicable rules and regulations of the Association, or any other agreement,
document or instrument governing the use and enjoyment of the Property. No Parcel shall be
leased for a term of less than three (3) months or more than two (2) times in one calendar year.
The Parcel Owner will be jointly and severally liable with the Owner's Tenant to the Association
for any amount in excess of such sum which is required by the Association to repair any damage
or to pay any claim for injury or damage to property caused by the negligence or willful
misconduct of the Tenant.
10. Party Walls. The common walls shared by townhouse units shall be party walls
for the benefit of and use by the Owner of each such townhouse unit, including the heirs, assigns,
successors and grantees of each Owner. The owner of a townhouse unit sharing a party wall
with the adjoining townhouse unit will not cut windows or other openings in the party wall, nor
make any alterations, additions or structural changes in the party wall. The owner of any
townhouse unit shall have the right to the full use of said party walls for whatever purposes such
Owner chooses, subject to the limitation that such use shall not infringe on the rights of the
Owner of an adjoining townhouse unit, or his use of said walls, or in any manner impair the
value of said walls. By acceptance of a deed of conveyance for an Owner's parcel, the
Owners agree that if any portion of a townhouse unit, including the party wall, encroaches upon
the other Owner's townhouse unit, a valid easement for the encroachments and maintenance of
same, so long as it stands, shall exist.
11. Pets. A parcel owner and/or resident of a townhouse unit is permitted to keep up
to two domestic pets in his or her home; provided, however, that under no circumstances will an
Owner be allowed to keep an ill-tempered, vicious or dangerous dog or cat, or any pet which
creates a nuisance for any other Owner in the community. All animals must be kept on a leash
when they are outside the Owner's townhouse unit. An Owner shall immediately pick up and
properly dispose of any solid animal waste deposited in the exterior portion of such Owner's
parcel or in any common area within the community. No verminous animal, or exotic pet or
animal of any kind which has venom or poisonous defense or capture mechanisms, will be
allowed on any portion of the Property. The keeping of a pet in the Reserve at Tequesta is a
privilege, not a right. An Owner, whose pet causes any damage or injury to any person or
property, shall indemnify and hold the Association absolutely harmless against any loss or
liability of any kind or character whatsoever arising from or related to the Owner's housing of
any animal within the community. If a dog or other animal becomes obnoxious to other Owners
by barking, excessive noise, or otherwise, the Owner must correct the problem forthwith; or if
the problem is not corrected, the Owner, upon written notice from the Association must
permanently remove the animal from the Property. The Association may promulgate rules from
time to time as necessary to regulate pets.
12. Alteration and Improvements. A uniform design scheme and appearance of the
buildings within Reserve at Tequesta shall be established and followed in order to preserve, to
the greatest extent reasonably possible, the property values and market desirability of the
community. Accordingly, the rights of Owners and occupants of the townhome units to make
alterations to the exterior portion of such units and their parcels, as well as alterations,
improvements, changes and decorations on any portion of the units which can be viewed from
the outside of the units are limited and may be permitted only with the prior written consent of
Page 287 of 478
Agenda Item #10.
the Board of Directors of the Association, which consent may be withheld on aesthetic grounds
within the sole discretion of the Board. Any approved alteration or improvement shall be
accomplished in strict compliance with the laws and ordinances of the Village of Tequesta.
13. Architectural Standards. Without limiting the general discretion of the
Association to regulate the uniform design and appearance of the improvements within the
community, the following architectural standards shall be enforced in Reserve at Tequesta, such
that Owners and occupants of the townhome units may not deviate therefrom without prior
written approval of the Board of Directors of the Association.
A. Windows. Reflective material/window tinting is permitted so long as the
color is clear, smoked brown or gray. At no time whatsoever shall aluminum foil be permitted
on the inside or outside of the windows.
B. Air Conditioning and Heating_ Units. Wall or window air conditioning or
heating units are not permitted within the community.
C. Antennae and Satellite Dishes. The only antennae and satellite dishes
permitted in the community are those which are protected under federal law and regulated by the
Federal Communications Commission. A satellite dish or antenna installation must be situated
entirely within the boundaries of the Owners parcel and located in the least obtrusive portion of
such parcel.
D. Si na e. No signs shall be permitted on the Reserve at Tequesta Property
except (i) official notices of the Association, and (ii) informational signage and signs about sales
activities or opportunities exhibited by the Declarant, for so long as the Declarant is an Owner of
parcels.
14. Roofs.
A. Normal Maintenance. Normal maintenance of the roofs of the townhouse units
such as cleaning, re-coating, and repainting, shall be done uniformly, and at the same time for all
roofs of the townhouse units, upon agreement of the Board of Directors of the Association. The
expense of such maintenance may be charged to the Owners as an assessment and shall be borne
equally by the Owners of the parcels.
B. Damage or Destruction. Casualty damage or destruction of a roof on a
townhouse unit, shall be repaired or replaced as a responsibility of the Association. If repair or
replacement is necessary due to the neglect, negligence or willful misconduct of one or more
townhouse unit Owner, then the Association shall arrange for the repair or replacement, but such
Owner(s) shall bear the entire cost of any repair or replacement. At such time as the Association
determines that major roof restoration or re-roofing is necessary, the work shall be arranged,
supervised and paid for by the Association and the costs thereof shall be assessed equally among
the Parcel Owners.
15. Insurance.
A. Liability Insurance -- The Association shall obtain public liability and property
Page 288 of 478
Agenda Item #10.
damage insurance covering all property owned by the Association and all of the common area of
the Property, and insuring the Association, Parcel Owners and Institutional Mortgagees, as it and
their interests may appear, in such amounts as the Board of Directors of the Association may
determine from time to time. Said insurance coverage shall include, but not be limited to, water
damage, legal liability, and all premises and operations. All liability insurance shall contain a
cross-liability endorsement to cover the liability of all the Parcel Owners, as a group, to any one
Parcel Owner. Premiums for the payment of the aforesaid insurance coverages shall be paid by the
Association and charged as a common expense of the Parcel Owners.
B. Casualty Insurance -- Purchase of Insurance -- The Association shall obtain "all
risk" insurance and vandalism and malicious mischief insurance, insuring all of the insurable
improvements within the Property, including personal property owned by the Association, in and
for the interest of the Association, all Parcel Owners and their Institutional Mortgagees, as their
interests may appear, with a company acceptable to the standards set by the Board of Directors of
the Association in an amount equal to the maximum insurable replacement value, as determined
annually. Insurable improvements shall not be deemed to include floor coverings, wall coverings
or ceiling coverings of a Unit, which shall be the responsibility of the Parcel Owner. The
premiums for such coverage and other expenses in connection with said insurance placement shall
be paid by the Association and charged as a common expense of the Parcel Owners.
C. Insurance Proceeds -- The proceeds of insurance collected on account of a casualty,
and the sums assessed against and collected from Parcel Owners by the Association shall constitute
a construction fund which shall be disbursed in payment of the costs of repair and reconstruction in
the following manner:
(1) Parcel Owners -- The portion of insurance proceeds representing
damage for which the responsibility of repair, replacement or reconstruction is that of one or more,
but less than all, Parcel Owners, shall be paid by the Association to the affected Parcel Owners
and, if any of such Units are mortgaged, to the affected Parcel Owners and their Institutional First
Mortgagees jointly.
(2) Association -- If the insurance proceeds representing damage for
which the responsibility of repair, replacement or reconstruction is that of the Association, then the
proceeds fund shall be disbursed in payment of such costs in the manner required by the Board of
Directors of the Association and upon approval of an architect registered to practice in Florida and
employed by the Association to supervise the work.
16. Rules and Procedure The Board of Directors shall promulgate and adopt criteria
and procedures for the purchase, administration and disbursement of insurance proceeds
as needed from time to time to place and manage adequate casualty insurance coverage
for the Property and its improvements.
17. Assessments.
A. The Association, through its Board of Directors, shall have the power to fix and
determine from time to time the sums necessary to provide for the common expenses of the
Association. A Parcel Owner, regardless of how title is acquired, shall be liable for all assessments
Page 289 of 478
Agenda Item #10.
coming due while the Owner of a Parcel. In a voluntary conveyance, the grantee shall be jointly
and severally liable with the grantor for all unpaid Assessments owed by the grantor for the
grantor's share of the common expenses up to the time of such voluntary conveyance.
B. The Association shall estimate from time to time the amount of common expenses
it expects to incur and the period of time involved therein and may assess sufficient monies from
the Owners to meet this estimate in a budget presented to the Owners as provided by law.
Assessments shall be payable monthly or in such other installments and at such times as may be
fixed by the Board of Directors.
C. Should the Association, through its Board of Directors, at any time determine that
the Assessments made are not sufficient to pay the Common Expenses, or in the event of
emergencies, the Board of Directors shall have the authority to levy and collect Special
Assessments to meet such needs of the Association,upon the approval vote of the Owners.
D. Assessments not paid within ten (10) days of when due shall bear interest from the date
when due until paid at the rate of eighteen percent (18%) per annum. Additionally, the
failure to pay any assessment within ten (10) days from the date due shall entitle the
Association to levy a late charge against the defaulting Unit Owner. Said late charge
shall not exceed the greater of $25.00 or 5% of the delinquent Assessment payment.
Payments made shall be applied to interest, then to late fees, then to costs and attorneys'
fees and then to delinquent assessments.
E. The Association shall have a lien upon each Parcel, which lien shall secure the
payment of all monies due from each Parcel Owner for which the Owner is liable to the
Association, including all Assessments, interest and expenses provided for in this Declaration and
reasonable attorneys' fees incurred as an incident to the enforcement of said lien. The lien shall be
effective, have priority and be collected as provided by law. The lien shall be subordinate to any
Institutional First Mortgage on the Parcel.
F. Liens for Assessments may be enforced by an action at law or foreclosed by suit
brought in the name of the Association in like manner as a foreclosure of a mortgage on real
property, as more fully set forth in the Act.
G. The Declarant is excused from liability for its share of assessments related to the
number of Parcels it owns in accordance with Section 720.308(b), as a consequence of the
Declarant's guarantee to pay any operating expenses incurred that exceed the assessments
receivable from other members and other income of the Association for the period of time
beginning on and terminating on
18. Property Covenants. All of the restrictions, reservations, covenants, conditions
and easements contained herein constitute a covenant running with the Property and shall run
perpetually, unless terminated or amended as provided herein, and be binding upon all Owners as
herein defined.
Page 290 of 478
Agenda Item #10.
19. Default and Enforcement. Any breach of a covenant or restriction contained in this
Declaration or any dispute related to the construction or interpretation of this instrument or any
provision herein may be addressed in an action at law or in equity brought in a court of
competent jurisdiction in Palm Beach County by an Owner or his or her or its respective heirs,
representatives, successors and assigns. If the Owners so agree, any issue in dispute under this
Declaration may be submitted to binding arbitration under the applicable rules of the American
Arbitration Association.
20. Term. This Declaration shall run with and bind the Property and shall inure to the
benefit of and be enforceable by the Owners of the parcels within the Property and their
respective heirs, and/or successors and/or assigns, for a term of twenty (20) years from the date
that this Declaration is recorded, after which time this Declaration shall be automatically
extended for successive periods of ten (10) years, unless an instrument approved by one hundred
percent (100%) of the fee simple parcel Owners and one hundred percent (100%) of the
institutional mortgagees owning first mortgages on the Property, or any parcel created therein,
has been recorded to terminate this Declaration; provided, however, that the Association may
not be dissolved without the prior written consent of the Village of Tequesta.
21. Amendments. This Declaration may only be amended or modified by written
instrument, duly executed by eighty percent (80%) of the fee simple Owners of parcels within
the Property, and recorded in the Public Records of Palm Beach County, Florida; provided that
no amendment may alter the manner in which this Declaration can be terminated. Any
amendment to this Declaration which would affect the SWMS, any conservation area or any
water management portions of the common area on the Property will be submitted to SFWMD or
the applicable governmental agency for a determination of whether the amendment necessitates a
modification of the environmental resource permit affecting the Property. If a modification is
necessary, the SFWMD or applicable agency will so advise the permittee. The amendment
affecting the SWMS may not be finalized until any necessary permit modification is approved by
the SFWMD or the applicable agency, or until the Association is advised that a modification is
not necessary. In addition, any amendment to this Declaration which reduces or diminishes the
maintenance responsibilities of the Association hereunder shall require the prior written consent
of the Village of Tequesta. Moreover, the Association may not be dissolved without the prior
written consent of the Village of Tequesta.
[SIGNA T URES APPEAR ON THE FOLL O WING PA GE]
Page 291 of 478
Agenda Item #10.
Declarant has caused this Declaration to be executed as of the date first written above.
Royal Tequesta, LLC, a Florida
limited liability company
Witness
Printed Name:
By:
Louis J. Capano, Jr., Manager
Witness
Printed Name:
STATE OF )
COUNTY OF )
The execution of the foregoing Declaration instrument was acknowledged before me, by
means of physical presence, this day of , 20201 by Louis J.
Capano, Jr., as the duly authorized manager of Royal Tequesta, LLC, a Florida limited liability
company, on behalf of said company. He is personally known to me or has produced
as identification.
Notary Public
Page 292 of 478
Agenda Item #10.
Exhibit ""A"
Parcel 1:
The North 200 feet of the South 650 feet of Government Lot 1, West of State Road
#4 (also known as State Road #5 or U.S. #1), in Section 30, township 40 South,
Range 43 East, Palm Beach County, Florida; said parcel of land fronting on the
West side of U.S. Highway#1.
Parcel 2:
A parcel of land lying in Government Lot 1, Section 30, Township 40 South, Range
43 East, Palm Beach County, Florida.
Said parcel being more particularly described as follows: From the Southwest
corner of said Government Lot 1, bear N. 00016'10" E., along the Westerly line of
said Government Lot 1, a distance of 650.0 feet to the Point of Beginning of the
herein described parcel of land: thence continue N. 00016'10" E., along the
Westerly line of said government Lot 1, a distance of 147.47 feet; thence S.
89024'30" E., a distance of 620.98 feet; thence N. 00030'10" E., a distance of
3.49 feet; thence S. 89029'50" E., a distance of 81.14 feet to a point in the
Westerly right of way line of State road No. 5 (U.S. Highway No. 1), said point
being 51.00 feet (measured at right angles), from the center line of said State
Road No. 5; thence S. 16050'20" E., along said Westerly right of way line, a
distance of 157.14 feet; thence N. 89029'50" W., 748.35 feet to the Point of
Beginning of the herein described parcel of land.
Page 293 of 478
Agenda Item #10.
Prepared BY:
Donald M. Allison, Esquire
1699 South Federal Highway
Suite 300
Boca Raton, FL 33432
DECLARATION OF UNITY OF TITLE
KNOW ALL MEN BY THESE PRESENTS that, in accordance with Section 78-7 of
the Code of Ordinances of the Village of Tequesta, Florida, and pursuant to the applicable
ordinances of Chapter 78 of said Code, pertaining to the issuance of building permits and the
regulation of zoning, development, and building construction activities, the undersigned fee
simple owner of the following described real property situated in the Village of Tequesta,
County of Palm Beach and State of Florida, to wit:
See Exhibit "A" attached hereto and incorporated herein(the "Property")
does hereby make the following declarations of condition, limitation and restriction in respect of
the Property, as to the following particulars:
1. The above-described separate parcels, which comprise the Property, are hereby
declared to be unified under one title as an indivisible building site.
2. The Property shall henceforth be considered in its entirety as one plot and parcel of
land and, except as expressly provided herein, no portion of the Property shall be sold,
assigned, transferred, conveyed or devised separately.
3. This Declaration of Unity of Title shall constitute a covenant to run with the Property,
as provided by law, and shall be binding upon the undersigned, and its successors and/or
assigns, and all parties claiming under it, until such time as the same may be released in
writing under the authority of the Village of Tequesta.
4. This Declaration applies to all the property necessary for the proposed use of the
Property, all in accord with the approved site plan for the contemplated development
of the Property.
Page 294 of 478
Agenda Item #10.
5. This Declaration stipulates that no portion of the Property shall be sold or otherwise
transferred by the owner, or its successors in interest, apart from the whole; provided,
however that: (a) individual subdivision lots may be sold and conveyed upon the
approval and recordation of the Plat of Reserve at Tequesta, or such other final Plat
approved for the Property; and (b) common open areas and developed recreation
areas may be conveyed to a property owners' association regulating the Property
as deemed appropriate by the Village of Tequesta, so long as any such
conveyance shall be subject to the express restriction that the use of such
property shall only be for the use described on the final site plan and Plat.
6. This instrument shall be placed of record in the office of the Clerk of the Circuit Court
of Palm Beach County, Florida.
7. Nothing herein contained shall limit or preclude the Owner, or its successors
or assigns, with respect to the owner's right to mortgage or otherwise encumber
the Property, or any part thereof.
Signed, witnessed and acknowledged this day of
ROYAL TEQUESTA, LLC
Witnesses: By:
STATE OF
COUNTY OF
The execution of the foregoing instrument was acknowledged before me, by means of
physical presence, by Louis J. Capano, Jr., who is personally well-known to me, on this day of
2020.
Notary Public, State of
My Commission Expires:
Page 295 of 478
Agenda Item #10.
Exhibit ""A"
Parcel 1:
The North 200 feet of the South 650 feet of Government Lot 1, West of State Road#4 (also
known as State Road #5 or U.S. #1), in Section 30, township 40 South, Range 43 East, Palm
Beach County, Florida; said parcel of land fronting on the West side of U.S. Highway#1.
Parcel 2:
A parcel of land lying in Government Lot 1, Section 30, Township 40 South, Range 43 East,
Palm Beach County, Florida.
Said parcel being more particularly described as follows: From the Southwest corner of said
Government Lot 1, bear N. 00'16'10" E., along the Westerly line of said Government Lot 1, a
distance of 650.0 feet to the Point of Beginning of the herein described parcel of land: thence
continue N. 00'16110" E., along the Westerly line of said government Lot 1, a distance of
147.47 feet; thence S. 89°24'30" E., a distance of 620.98 feet; thence N. 00'30'10" E., a
distance of 3.49 feet; thence S. 89°29'50" E., a distance of 81.14 feet to a point in the Westerly
right of way line of State road No. 5 (U.S. Highway No. 1), said point being 51.00 feet
(measured at right angles), from the center line of said State Road No. 5; thence S. 16°50'20"
E., along said Westerly right of way line, a distance of 157.14 feet; thence N. 89°29'50"W.
748.35 feet to the Point of Beginning of the herein described parcel of land.
Page 296 of 478
Agenda Item #10.
RESERVE AT TEQUESTA
TEMPORARY CONSTRUCTION & PERMANENT ACCESS
EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION AND PERMANENT ACCESS EASEMENT
AGREEMENT, is made and entered into this day of , 20201 by and
between TAMWEST REALTY, INC. a Florida corporation, whose mailing address is 1340
Bruckner Blvd., Bronx, NY 10459, hereinafter referred to as GRANTOR, and ROYAL
TEQUESTA, LLC, a Florida limited liability company, whose mailing address is 1054 Gateway
Blvd.,No. 107, Boynton Beach, Florida, 33426, hereinafter referred to as GRANTEE.
WHEREAS, the GRANTEE is currently undertaking the construction of an approved residential
development project within the Village of Tequesta, known as "Reserve at Tequesta"; and
WHEREAS, the GRANTEE proposes to construct a 4' by 10' pedestrian sidewalk which will be
located on land owned by GRANTOR adjacent to Reserve at Tequesta; and
WHEREAS, the GRANTOR is the fee simple title owner of certain commercial real property,
which is commonly known as the "Countyline Plaza", located at 500 US Highway 1, Tequesta,
Florida and identified under Parcel Control Number of 60-43-40-30-00-001-0190 (GRANTOR'S
Property"); and
WHEREAS, the GRANTOR has agreed to grant to GRANTEE, and its successors and assigns, a
temporary construction easement on, over, upon, under and across the portion of Grantor's
property, as described in the attached Exhibit A, for the purposes stated herein; and
WHEREAS, The GRANTOR has agreed that, upon completion of the sidewalk construction
contemplated herein, the sidewalk shall constitute an exclusive perpetual pedestrian access
easement on, over and across the part of the Grantor Property more particularly described on Exhibit
A attached to this Agreement and incorporated herein(the "Easement Area") for the exclusive use of
GRANTEE and its successors, assigns, and the owners of residences within Reserve at Tequesta and
their guests, invitees, agents, and licensees. Notwithstanding the exclusive nature of the sidewalk
easement, Grantor and its contractors, employees, agents, successors and assigns, shall have the right
of access over the sidewalk easement for the purpose of maintaining, repairing, and replacing as
necessary the water main, drainage, and related facilities which the sidewalk easement crosses over.
Page 297 of 478
Agenda Item #10.
NOW THEREFORE, for the sum of ONE DOLLAR and in consideration of the premises, the
GRANTOR and GRANTEE, intending to be bound by this instrument, agree as follows:
(1) The foregoing "Whereas"recital clauses are true and correct and are incorporated herein.
(2) The GRANTOR hereby grants to the GRANTEE, and GRANTEE's consultants,
contractors, agents, and assigns, a temporary construction and access easement on, over, upon,
under and across a portion of the GRANTOR's Property, as defined below and as depicted in
Exhibit A, attached hereto and incorporated herein. The purpose of this easement is to provide
GRANTEE with temporary access for construction activity within the Easement Area to facilitate
the construction of the sidewalk.
(3) The GRANTOR hereby covenants that it is the fee simple owner of the real property
underlying the "Easement Area", that it has the right to enter into this Agreement, and that the
person(s) signing this Agreement has the authority to sign and execute this Agreement on behalf
of the GRANTOR.
(4) The GRANTEE shall, at its sole costs and expense, be responsible for designing, permitting,
installing, modifying, maintaining and repairing the proposed sidewalk in perpetuity. The
GRANTEE is also solely responsible for maintaining and restoring the Easement Area, including
landscaping, during the period of time from initiation of the sidewalk construction until such
construction is finally complete.
(5) The GRANTEE shall, at its sole cost and expense, restore to equal or better condition, any
of the GRANTOR's Property that may be modified, damaged or disturbed by GRANTEE or its
agents, during the design,permitting, and construction of the sidewalk.
(6) The temporary construction easement hereby created, granted and conveyed includes the
creation of all incidental temporary rights and easements upon GRANTOR's Property as
reasonably necessary for the proper use of said easement by the GRANTEE for its intended
construction purposes. Upon completion of the sidewalk construction contemplated herein, the
temporary construction easement hereby created shall terminate.
(7) The GRANTOR hereby grants to the GRANTEE, and GRANTEE's successors, assigns and
the owners of residences within Reserve at Tequesta and their guests, invitees, agents, and licensees,
an exclusive perpetual pedestrian access easement on, over and across the Easement Area more
particularly described on Exhibit A attached to this Agreement and incorporated herein.
Page 298 of 478
Agenda Item #10.
(8) No right of access by the general public to any portion of the Easement Area or
GRANTOR's Property is conveyed by this Easement Agreement.
(9) This Agreement applies to and binds the heirs, successors, and assigns of the GRANTOR
and GRANTEE.
(10) The GRANTEE, for itself and GRANTEE's successors and assigns, and the owners of
residences within Reserve at Tequesta and their guests, invitees, agents, and licensees, hereby agree
to indemnify and hold harmless Grantor from and against any liabilities, liens, suits, obligations,
fines, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees,
by or on behalf of any person which may be imposed upon or incurred by or asserted against Grantor
by reason of the use and/or occupancy of the sidewalk easement or any part thereof, or any
surrounding areas,by any person.
(11) GRANTOR reserves the right to terminate this Easement if the use thereof overburdens the
GRANTOR'S property or creates a nuisance to GRANTOR or its lessees, or if GRANTEE and
GRANTEE's successors and assigns, and the owners of residences within Reserve at Tequesta and
their guests, invitees, agents, and licensees fail to maintain the Easement Area.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals as of
the dates hereinafter set forth.
GRANTOR— TAMWEST REALTY, INC.
Signature:
Witness
Date:
Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2020,
by by physical presence. He is personally known to me or has
produced as identification and did not take an oath.
Notary Public, State of Florida
Page 299 of 478
Agenda Item #10.
GRANTEE—ROYAL TEQUESTA, LLC
BY:
Witness
Date:
Witness
STATE OF
COUNTY OF
The execution of the foregoing instrument was acknowledged before me this day of
20201 by LOUIS J. CAPANO, JR., as Manager of Royal Tequesta,
LLC, by physical presence. He is personally known to me or has produced a Florida drivers license
as identification and did not take an oath.
Notary Public, State of Florida
Page 300 of 478
Agenda Item #10.
EXHIBIT "Ayy
Sketch description of Easement Area
EXHIBIT "All
SKETCH OF LEGAL
THIS IS NOT A SURVEY)
SCALE. 1"=20'
S89031'28"E
PDA-, 6.24'
-589"31'28"E 290.52' N0002832"E
1.63' S35032'30"E
12.10'
U- N35032"30"W
oo Lu Z 10.09,
Lu
z fn N89031'*28"W
*4 Z
Lu 7.42'
_j
z
Lu UJ 0
> Lo
0
589031 '28"E
P.O.C. SOUTH LINE OF GOVERNMENT LOT 1
S.W. CORNER OF
GOVERNMENT LOT 1
SECTION 30,
TWP 40 SOUTH
RNG 43 EAST
LEGEND
P.O.C.-POINT OF COMMENCEMENT
P.G.B.-POINT OF BEGINNING
TWP-TOWNSHIP
RNG-RANGE
Legacy
Surveying and Mapping,Inc.
• 112 N�U.S.Highway No,.1
G R�G C R,I2_tqRY T.TUCKER/ Tequesta,FL,33469
PE60EMOS81ONAL SURVEYOR&MAPPER Phone,(561)746-8424
FL Ring-REGtS-TRATION Na_:6147 BUSINESS LICENSE-LB#8130
DATE: 1018/2 020 SHEET 1 OF 2 JOB NO_i 18-120 PED EAS
Page 301 of 478
Agenda Item #10.
EXHIBIT "All
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN GOVERNMENT LOT 1 , SECTION 30, TOWNSHIP 40 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 1 ; THENCE
N00014'54"E: ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1 (BASIS OF BEARINGS),
450.00 FEET; THENCE S89031 '28"E, ALONG A LINE 450.00 FEET NORTH OF AND
PARALLEL TO THE SOUTH LINE OF SAID GOVERNMENT LOT ly 290.52 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE S89031 '28"E, 6.24 FEET; THENCE S35032'30"E,
12.10 FEET; THENCE N89"31 '28"W) 7.42 FEET; THENCE N35032'30"W 10.09 FEET; THENCE
N00028'32"El 1 .63 FEET TO THE POINT OF BEGINNING.
CONTAINING 72 SQUARE FEET, MORE OR LESS.
Le ac
Surveying and Mapping,Inc.
112 N, U.S. Highway No. 1
Tequesta, FL. 33469
Phone: (561)746-8424
BUSINESS LICENSE: LB#8130
9 y
DATE- 10/8/2020 SHEET 2 OF 2 JOB NO-: 18-120 PED EAS
Page 302 of 478
Agenda Item #10.
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Pedestrian Connection Exhibit
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Page 303 of 478