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HomeMy WebLinkAboutDocumentation_Regular_Tab 08_1/14/2021Agenda Item #8. Regular Council STAFF MEMO Meeting: Regular Council -Jan 14 2021 Staff Contact: Nilsa Zacarias, Director of Community Development Department: Community Development SPM 03-20: Application of Royal Tequesta LLC for a Site Plan Modification to build 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: SPM 03-20: Application of Royal Tequesta LLC for a Site Plan Modification to build 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. FINAL - The Reserve Staff Report w attach 201019 - The Reserve at Tequesta 1274 FDOT Drainage permit extension 122220 . 1274 FDOT Driveway Approved Permit Package 082819 1274 FDOT ROW permit extension 122220 Application SPM Justification Statement Deed - 746-734 US Highway 1274 Reserve Drainage Statement DS 1274 Reserve Fire Statement DS 1274 Reserve Sanitary Statement DS 1274 Reserve Water Statement DS Comcast Letter FPL Letter gas available The Reserve At Tequesta The Reserve.Water Service Availability Waste Management Letter LRD Aerial Location Map SP-1 SP-2 Arrhiteehire The Reserve LP-1 The Reserve LP-2 The Reserve Typ.Unit LP-3 Page 48 of 394 Agenda Item #8. The Reserve LP-4 ELEV - BLDG FRONT ELEV The Reserve Renderings POA Dec Restrictions (Res (@, Teq) 2 POA unity of title Temp Construction Easement bifurcated Agreement GM CLEAN - dma 2-7-20 POA Articles of Inc. Reserve..doc Page 49 of 394 Agenda Item #8. VILLAGE OF TEQUESTA Department of Community Development Staff Report — Village Council Meeting — January 14, 2020 I. Petition No. — SPM 3-20 APPLICANT: Gentile, Glas, Holloway, O'Mahoney & Associates Inc. 1907 Commerce Lane, Suite 101 Jupiter, FL 33458 OWNER: Royal Tequesta LLC. REQUEST: SPM 3-20: Application from Royal Tequesta LLC., for a Site Plan Modification 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 Proposed 734 & 74E ■■■ l l l l■■■ 1 1 Page 50 of 394 Agenda Item #8. 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: maximum height is 27'-6"- two story- The proposed application includes an option for a den without increasing maximum height. PRD Village code allows up to four stories / 50" above average finish grade. 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) Medium Density Medium Density R-2 NORTH Residential (5.4- Residential (5.4- (Multiple Family Casa Del Sol 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 modification 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 proposed residential development included the following applications that were reviewed by Village staff; and heard by the Planning and Zoning Board and 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 aaaroved by the Villaae Council (5-0) on Seatember 12. 2019 (see attached Ordinance 21-18). 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 2 Page 51 of 394 Agenda Item #8. amendment was heard and approved by the Village Council (5-0) on September 12, 2019 (see attached Ordinance 22-19). Site Plan Review SPR 1-19 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. Current Application SPM 3-20 In June 2020, the Village received an application for a site plan modification as a Planned Residential Development (PRD), which is a special exception use in the R-2 Zoning District. Special Exception Use The applicant requested for a special exception use a two (2)-story 69-unit fee simple townhomes, and amenities in the R-2 Zoning District, including a replat. At the subject meeting, residents submitted comment cards listing their concerns and opinions for the proposed development (see attached). The special exception was approved by the Village Council (5-0) at the November 12, 2020 meeting. Site Plan Modification The Planning & Zoning Board recommended approval of the site plan review at the December 17, 2020 meeting, by 5-0 vote. The subject recommendation included conditions presented on page 15 of this report. The following graphic depicts the review and approval process of the subject application. FLU Map Amencinnent (O RD 21-19) - LPA Board - 7.1.8.19 First Reading- 8.8.19 Condominium Process � Second Reading - Approved byVilhge Council - 9,12.19 ID R Fee Simple Process W an . P%1PVW I Special Exception Use Planning and Zoning I Village council - Zoning Map Amendment Board -11.21.19 � 11.12-20 (ORD ZZ-19) - Village Council - f First Reading- 8.8.19 Second Read'Ing - Approved by Village � Council-9.12.19 1 Site Flan Modification(SPM 3-20) - PIann in8 and Zoning Board - 12 17_20 Iage cou no 1 1.14. 21 3 Page 52 of 394 Agenda Item #8. IV. STAFF ANALYSIS Previously, the Reserve was approved at the January 9, 2020 Village Council meeting as a condominium development. In June 2020, the Village received an application for a site plan modification as a Planned Residential Development (PRD), which is a special exception use in the R-2 Zoning District. On November 12, 2020, the proposed application was approved by the Village Council The following table presents a comparison between the previously approved site plan and the proposed application: ZONING DISTRIC PLAT DENSITY NO. OF UNITS HEIGHT DEVELOPMENT PROPOSED APROVED ON DEVELOPMENT 1/9/2020 - ' - - Condominium (11.44 d.u./ac.) 69 Units Buildings: 26' 9" Fitness Fee Simple Townhomes (11.44 d.u./ac.) 69 Units Buildings: 27' 6" Fitness Center/Restroom: Center/Restroom: 15' 15' ARCHITECTURAL Same building colors Same colors DESIGN and facades facades PRDs are Special Exception Use on R- 2 Zoning District Fee simple townhomes are processed as PRDs There is no change in density There is no change in the No. of units Similar building height and Same building colors and 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. The following plats indicate the condominium ownership previously approved and the current fee simple request: E Page 53 of 394 Agenda Item #8. Condominium Plat APPROVED on 1/9/2020 1�. pq K) DF3.301.0RO-F. TRALT'T' Zll --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- �-Sir - - - - - - - - - - - - - - - vt ILI w ROYAL PALM CIRCLE TRACT "A" "q IS R5; AN-C-IR-,fLE-- _` —__ 13 41K 47 j�W ;. -ri C4 �u - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - poc 11 uNpu'mm Lj PROPOSED - Fee Simple Townhomes Plat CASA DEL SOL OF TBQUENrA T"cr In I.. — — — — — — — — — — — — — — — — — — — — — -- VELSOLCTIRCLE TV 'T-1 -bcr - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - -- ---- - - - - - - WvQvw, il LOT19 LOT J15 E CAT 14 16T33 LOT 12 P "M 11 1� Ufff 'I Emil IA" X [Or r 171 LOT 8 31 A ROML PALM CIRCLE LOT," tAW M hi t: two Lar :2 LM 5-9. LWZZ 1.07 ii R k LM" p �j A. 1 LM' W LW" 1"Tf9 3 g Lora .4 LAyr Z4 kL RUYAL.i cnwu SQ LOT 40 LOT ZP p LOT 30 L"r 31 I=JZ 1A)rrn 34 LWWR LA3T36 IM 57 Lai 39 LE" 27 vn- - — — — — — --- — — — — Pac- - - - ---1 r - - - - - - - - -- - - - - - - - - — - - - - - - -- 311 1 1Wl"INKI I UNMAMO Page 54 of 394 Agenda Item #8. 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. On November 12, 2020, the Village Council approved (5-0) the application for a Special Exception Use for The Reserve a Planned Residential Development (PRD) in the R-2 Zoning District. During this meeting, residents submitted comment cards listing their concerns and opinions for the proposed development (see attached). Per the Village Code, once 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. 0 Page 55 of 394 Agenda Item #8. 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 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. 7 Page 56 of 394 Agenda Item #8. 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. 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. VI. Site Plan Review — SPM 3-20 The Development Review Committee (DRC) reviewed the proposed site plan for compliance with Village Code, State and Federal applicable regulations. The DRC includes Community Development, Law Enforcement, Landscaping, Building, Fire Safety, the Water Department, Civil and Traffic Engineering. The subject site plan was reviewed for compliance with the Planned Residential Development (PRD) Code requirements as follows: Page 57 of 394 Agenda Item #8. Zoning Review R-2/PRD REQUIRED BY CODE PROPOSED COMMENTS Minimum Lot 10,000 sq ft. for first 2 6.03 acres In compliance Size multifamily dwelling units plus 262,654 sq. ft. 3,356 sq ft. for each additional dwelling unit not to exceed a maximum density of 12 dwelling units per gross acre. Per -code minimum lot size: 56,984 sq. ft. Minimum Lot 80 ft. 347.47' In compliance Width Density Medium Density 5.4 — 12.0 11.44 du/acre In compliance dwelling units per acre. Max: 72 69 units units (12 du per acre) Minimum 11100 sq. ft. for first 2 bedrooms 69 three -bedroom dwelling In compliance Living Area plus 225 sq. ft. for each units. additional bedroom. Min. 1,325 Min. 1,977 sq ft sq. ft. for a 3-bedroom dwelling. Max. 2,169 sq ft Site Requirements Front Yard R-2-Main Structure: 25' Main Structure: WAIVER Accessory Structure: 25' 18' & 22' (Residential Building) REQUESTED PRD-Front Residential: 25'* Accessory Structure: 34.5' (Fitness Center) 40.3' (Swimming Pool) Rear Yard R-2-20' for main building Main Structure: 20' from In compliance 10' for accessory building or balcony structure Side Yard — 7 %2' main and accessory Varies 7.6'—11.33' WAIVER North structure REQUESTED PRD -15' side corner* Side Yard - 7 %2' main and accessory 16' In compliance South structure R-2-Max 37% (97,182 sq. ft.) 30.9% WAIVER Lot Coverage PRD - Maximum 30% (78,761 sq. 81,099 sq. ft. REQUESTED ft.)* Open Space R-2 -Min 30% (78,761 sq. ft.) 31.5% WAIVER PRD - Minimum 35% (91,929 sq. 82,721.4 sq. ft. REQUESTED ft.)* Building R-2- 2 Stories/30' main building Buildings: 27' 6" In compliance Height or structure Fitness Center/Restroom: 15' 1 Story/ 15' for any accessory building or structure PRD-4 stories / 50' above average finish grade.* Page 58 of 394 Agenda Item #8. R-2/PRD REQUIRED BY CODE PROPOSED COMMENTS Parking Sec. 78-705 (8): 138 garage spaces In compliance c. Multiple -family: Two spaces Additional 69 driveway spaces per dwelling unit. 138 parking 19 guest spaces (compact spaces spaces) Min. Parking stall width 10' Fence Sec. 78-284 (a): 6' White PVC Fence In compliance Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six feet. No wall or fence shall be permitted to extend forward of the adjacent or nearest portion of the building front, regardless of the actual, allowed building setback line, on any lot or parcel *Requirements based on the Planned Residential Development (PRD) Code. The following graphics depicts the code requirement for fee simple townhomes: FRONT. T 7 ' 1 T ® I 1 Req u i reel J 1 I I 1 � 25 Ft 1 Unit #140 l nrtrtit 1 Unit#�1�#3 I I fi I I 1 � I 0 " II L3 -01 I F f =1a J a.4, Lim `+�Y• r�i1• rya ! i�' � 4 '� ` Li YJ� �� i � +'1 •A� a • F y • rY a }' +Y .' 1 F ` / •i- i i • • �j ! +.y' { •i- �'� • ` b 1 ' 7 �' ''' • +•'� { — FPL Erin -A F Li _a lso -5-W Water 0 A'+1 I I � Required 15 Ft. Corner I I I I � I f � �1 �� � •�� _ ��o �"r 10 Page 59 of 394 Agenda Item #8. Signage The application includes one monument sign, which complies with Village Code Sec. 78-740 (b) "Freestanding sign: One freestanding sign shall be allowed, not to exceed 30 square feet in total area, with a maximum height of seven feet above finish grade. The sign shall meet the setback requirement of Section 78-739. Up to 50 percent of the approved sign may be used as a changeable letter reader sign. Landscaping and irrigation at the base of any such signage shall be required." See drawing SP-2 that for square footage, material, color, and font. The applicant is proposing a sign that is six (6) feet in height and the sign copy area is 13.75 sf. Level of Service Per Division 2, Sec. 78-331, the subject application was reviewed for compliance with Level of Service ctnnrlarrlc Development Phases Infrastructure and building will be developed in one phase. 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 three (3) waivers. Code Section 78-226 of the PRD provides for the Applicant to request waivers to the Village Council: 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 is requesting the following three (3) waivers: Waiver Required OW Proposed LM =1 78-225(10)(b) 35% minimum AM 31.5% Open Space Requirement 78-226 (2) 30% maximum 30.9% Lot Coverage 78-226 (3) (d) - Setbacks 25' - Front 7 18' & 22' 78-226 (3) (d) - Setbacks 15' - Side Corner Varies 7.6'—11.33' 11 Page 60 of 394 Agenda Item #8. The Applicant has increased the number of plantings and amenities as follows: Amenity Approved Plan (January 2020) Total Proposed Palms Total Native Trees Total Native Shrubs and Groundcovers Total Native Vegetation BUILDING DEPARTMENT REVIEW 61 60.5% 73.5% 71.5% iosed 63 53.5 75.9% 75.6% Please see attached review sheet from Mr. Jose Rodriguez, Village of Tequesta Building Official, referencing no comments. Further review will be conducted at the time the applicant submits construction drawings for permitting to the Building Department. TRAFFIC ENGINEERING REVIEW Please see attached review letter from Mr. William Grieve, P.E. from McMahon Associates, Inc. referencing no comments. In addition, see attached updated Traffic Performance Standard (TPS) letter issued by Palm Beach County Traffic Division. The applicant also submitted updated permit issued by Florida Department of Transportation (FDOT) regarding US Highway 1 (driveway and drainage), see attached. SEWER, DRAINAGE AND WATER REVIEW Please see attached review letter from Mr. Matthew Hammond, P.E., and Village of Tequesta Utility Director, referencing no comments. Further review will be conducted at the time the applicant submits construction drawings for permitting to the Building Department. LAW ENFORCEMENT REVIEW Please see attached review letter from Asst. Chief McGrew, from the Village of Tequesta Police Department, referencing no comments. Further review will be conducted at the time the applicant submits construction drawings for permitting to the Building Department. FIRE SAFETY REVIEW Please see attached review letter from Chief James Trube, from the Village of Tequesta Fire Department, referencing no comments. Further review will be conducted at the time the applicant submits construction drawings for permitting to the Building Department. 12 Page 61 of 394 Agenda Item #8. LANDSCAPE REVIEW Please see attached review letter from Mr. Stephen Parker, RLA, and Landscape Architect Consultant, referencing no comments. PALM BEACH SCHOOL DISTRICT The applicant submitted the School Capacity Availability Determination (SCAD) form to the Palm Beach School District. The School District reviewed the application and provided their analysis and recommendation, see attached SCAD form. The following table presents the impact review and recommendation provided by the School District on the attached SCAD form: Jupiter Jupiter Jupiter Elementary School Middle School High School Impact Review New Students Generated 8 4 5 Capacity Available -131 155 -64 Utilization Percentage 115% 91% 102% Based on the findings and evaluation of the proposed development, there will be negative impact on the public school system. Therefore, if the proposed development is approved by the Village Council, School District staff recommends the following condition to mitigate such impact. In order to address the school capacity deficiency generated by this proposed development School District Staffs at the District elementary and high school level, the property owner shall contribute a total Recommendation of $87,189 to the School District of Palm Beach County prior to the issuance of first building permit. This school capacity contribution is intended to supplement the required school impact fee (impact fee credit has already been applied). Based on the above table, the School District is recommending an $87,189 contribution. This amount is a voluntary contribution intended to supplement the required school impact fee that the developer will pay to Palm Beach County. Thu 1211012020 3:20 PM F1 Steve Cohen <scohencapanoinc.com [EXTERNAL] RE: PLEASE CONFIRM- School Impact Fee To Nilsa Zacarias; Troy Holloway (TroyC 2gho.com); 'alecCd2gho.com' Cc Lance Lilly Retention Policy 5 Year Inaox Clean -Up Policy (5 years) Expires 12/9/2025 Bing Maps + Get more ap Hi Nilsa, Based on updated PBC (pillage of Tequesta) specific impact fees, the new school projected impact fee total would be $443,212 (as of 8/1/20). As you see a major increase from the year prior. Sincerely, Icconstruction I -Jeri(Iii, h u Stephen Cohen 1054 Gateway Blvd, 107 Boynton Beach, FL 33426 C) 561-789-5558 E) scohen@capanoinc.com 13 Page 62 of 394 Agenda Item #8. VI I. FINAL REMARKS This development application met the requirements set in Section 78-334 notice of hearing. The notice of hearing was published on January 4, 2020. 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." The Special Exception Use was approved by the Village Council (5-0) at the November 12, 2020 meeting. At the subject meeting, residents submitted comment cards listing their concerns and opinions for the proposed development (see attached). 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 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 comply with the Planned Residential Development (PRD) code requirements, the Applicant is requesting the following three (3) waivers: -Waiver LOW - Required kL L_ 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) - Setbacks 25' - Front 18' & 22' 78-226 (3) (d) - Setbacks 15' - Side Corner Varies 7.6'—11.33' The Planning & Zoning (P&Z) Board recommended approval of the subject site plan review application at the December 17, 2020 meeting, by 5-0 vote. The subject recommendation included the requested waivers and the following proposed Staff condition of approvals: 14 Page 63 of 394 Agenda Item #8. 1. Homeowner 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 building permit, the applicant must comply with the following recommendations provided by Air, Water, & Soil Engineering, Inc. (AWSE) on the Phase Environmental Site Assessment (ESA) report: o "AWSE recommends that proper abandonment of the former domestic water supply well on the 734 North US Highway 1 parcel and removal of the abandoned septic tank." o "AWSE recommends that the US Geological Survey Salinity Monitor Well, PB-872, be located on the 746 North US Highway 1 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 south -adjacent commercial plaza to develop a pedestrian path that ensures both safety and connectivity for pedestrian traveling between the subject property and commercial plaza. In addition to the above conditions, the P&Z Board recommended the following: 1. Install security cameras on the North and South pedestrian gates. The agent (Troy Holloway) provided the following statement "they would provide power to the 2 gates and they would be 'camera ready; but they would not put up cameras. The locations would be ready to go with cameras and service should the HOA want to spend the money to activate & monitor them." E-mail sent to Nilsa Zacarias on 12/30/2020. 2. Consider including a provision the HOA documents that the Owner of the townhome will need to live at the unit a minimum of one (1) year prior to leasing it. The applicant (Steve Cohen) provided the following statement, "Again our intention is not to rent the community. We have added language into the governing documents that addresses this prior concern. But requiring even further restrictions is not going to be something that we can agree to do. The developer needs to have the widest net possible to sell units. Again our governing docs already factor in a rental component that we are willing to incorporate." (Email sent to Nilsa Zacarias by Steven Cohen on 12/30/2020). The applicant (Steve Cohen) send the following statement by e-mail on 12/31/2020: "Please find the screenshot from the POA docs. I've also attached the POA Declaration in full as well which was previously sent to the Village." . Lease ot' Parccls. No Parcel Owner may Iran-.fer possession or othetivise 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 poilion of a Parcel (other than all 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 any f the provisions of this Declaration, the Articles of Incorporation andBy-Laws of the Association, and the applicable rules and regulations of the Association. or any other agreement, document or instrument governing the use and enl*oyment of the Property. No Parcel shall be leased for a tern of less than three ) months or more than two (2) times in one calendar year. The Parcel Owner will be jointly and severally liable x ith the mer's Tenant to the Association for any amount in excess of such surn which is required by the Association to repair any damage or to pay ally claim for il�jury or damage to property caused by the negligence or willful misconduct of the Tenant. 15 Page 64 of 394 Agenda Item #8. VIII. EXISTING CONDITIONS 16 Page 65 of 394 Agenda Item #8. Lance Lilly From: Jose Rodriguez Sent: Friday, September 18, 2020 5:31 PM To: Lance Lilly Subject: Re: dre review - THE RESERVE No comments from building Jose Rodriguez Building Official Sent from my Whone On Sep 18, 2020, at 3:08 PM, Lance Lilly <Ililly@tequesta.org> wrote: Good Afternoon DRC members, Community Development has received the resubmitted site plan of the previously approved "Reserve" project. The applicant is applying for a Special Exception Use and changing from a condominium development to a fee schedule (PRD) development. I will be delivering your site plan application package on Monday, September 21, to Police, Fire, and Landscaping. I will be uploading the digital version for the remaining reviewers. As a reference, I have attached the comments from your last reviews. Please provide us with your comments by September 29, 2020. If you have any questions, please feel free to contact me. Thank you, jWanw �&*- otnwex Department of Community Development Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 (561) 401-9459 <RESERVE - fee simple SEU & SPM comments.pdf> i Page 66 of 394 Agenda Item #8. Lance Lilly From: James McGrew Sent: Monday, September 28, 2020 3:51 PM To: Lance Lilly Subject: The Reserves Lance, It appears that the builders for the Reserve's added the bollards. I was advised a call box is by the pool area, and they are wiring for a camera system. These items would fulfill the Police Department's requests. Jim McGrew Assistant Chief of Police Tequesta Police Department 561-768-0522 Page 67 of 394 Agenda Item #8. To: From: CC: Date: Re: V"111age Tequesta,, FL 33469 345 Tequesta Drive Q Lance Lilly- Planner Matthew Hammond — Utilities Director Nilsa Zacarias — Community Development Director October 19, 2020 The Reserve at Tequesta — Utilities Development Review 5 1-768-0700 www.tequesta.org The Utilities Department has reviewed the proposed site plan modification/re-plat for the Reserve at Tequesta project dated October 9, 2020 for conformance with utility requirements. The review included the following documents: • Re -plat for The Reserve at Tequesta by Legacy Surveying and Mapping, Inc. (Sheets 1- 3) • Site Development Plan for The Reserve at Tequesta by Gentile Glas Holloway O'Mahoney &Associates (Sheets SP1— SP3) • Construction Plans and Specifications for The Reserve at Tequesta by Jeff H. Iravani, Inc. (Sheets C1— C13) • Landscape Plan for The Reserve at Tequesta by Gentile Glas Holloway O'Mahoney & Associates (Sheets LP1— LP4) Based on the review of the above the following comments are offered: Re -plat 1) REPEAT COMMENT- Note that an easement and bill -of -sale will be required to be executed for the potable water infrastructure being turned over to the Village. CItA plan 2) No Comments. Construction Plans and Specifications 3) REPEAT COMMENT- Sheet C-6: Update the Tequesta Utilities contact to David Tinoco (note: no change is needed for the phone #) with the Building Permit Submittal. Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon Council Member Frank D'Ambra Council Member Bruce Prince Village Manager Jeremy Allen Page 68 of 394 Agenda Item #8. Landscape Plan 4) Sheet LP-1: Specifically identify on the plans a root barrier between the proposed verawood and the adjacent proposed water main in the landscape buffer on the south property line with the Building Permit Submittal. )nit # 127 S'Landscape Bui�U �er �'� Page 69 of 394 Agenda Item #8. U413 PARKER NETTE design group, inc. MEMORANDUM TO: Nilsa Zacarias, AICIP Lance Lilly Village of Tequesta Department of Community Development FROM: Stephen J. Parker, ASLA DATE: October 16, 2020 RE: The Reserve I completed a review of the revised landscape plans for The Reserve, as prepared by Gentile, Glas, Holloway, O'Mahoney and Associates, dated 10/09/20 and approve the plan as submitted. Please contact me with any questions. Sincerely, rker, P r Ste e J. , ASLA SJP/mp LANDSCNPE ARCHITECTL'RE 9 PLANNIN'G * GRAPHICS **SOLILII Flio-h\vav Une SUIte i-io JUPItel-, Hol-icta "-477 56 1/747-5069 Lip. #LC-O()()"' Page 70 of 394 Agenda Item #8. Village of T sta Department of Fir w s Services 0 357 Tequse sta Drive 561-768-0500 Tequesta, FL 33469 www.tequesta.org was James Trube, Fire Chief October 19, 2020 Gentile,, Glas,, Holloway, O'Mahonev & Associates Inc. 1907 Commerce Lane, Suite 101 Jupiter, FL 33458 To Gentile, Glas. HotloA,-ay'. O'Mahoney & Associates, Upon review of the Reserve roject's 10/9/2020 resubmitted site plan and plat, we find that the applicant has responded appropriately to all Fire Department comments. We have no ftn'ther comments or requests at this time. Feel free to reach out with any questions at (561) 768-0550. Sincerely, James Trube Fire Chief CC: Lance Lilly Nilsa Zacarias Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon Council Member Frank D'Ambra Council Member Bruce Prince Village Manager Jeremy Allen Page 71 of 394 Agenda Item #8. Lance Lilly From: Mitty Barnard <mitty@davisashtonlaw.com> Sent: Tuesday, September 29, 2020 11:50 AM To: Lance Lilly Cc: Nilsa Zacarias; Keith Davis Subject: [EXTERNAL] RE: RESERVE - resubmittal review **This Email was sent from an external source. Please be mindful of its content** Nilsa and Lance, Here are my comments on the resubmittal: Site Plan- no further comments. Plat • Plat itself - no further comments. • Master POA documents — on resubmittal please provide Word versions for redline purposes • Declaration of Unity of Title o Exhibit A not provided — please provide so review of entire document can occur o Paragraph 5, Line 7 — replace reference to "Village Council" with "Village of Tequesta" • Declaration of Restrictive Covenants o Exhibit A not provided — please provide so review of entire document can occur o Plat dedicates right of ways in Tract A to POA but covenants do no expressly address ownership and perpetual maintenance obligation for roads — please 1) expressly define common property to include roads and 2) add express provision providing POA obligation for maintenance and repair or roadways within the development. o Paragraph 2 — add the following language at the end "Any delegation or conveyance of the operation and maintenance of the SWMS to another entity shall require the prior written approval of the Village of Tequesta." o Paragraph 8(B) — add the following language "In addition, 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." o Paragraph 20 — add "The Association may not be dissolved without the prior written consent of the Village of Tequesta." o Paragraph 21— add the following language "In addition, any amendment to this Declaration which reduces or diminishes the maintenance responsibilities of the Association hereunder shall require the prior written approval of the Village of Tequesta. Moreover, the Association may not be dissolved without the prior written consent of the Village of Tequesta." • Temporary Construction & Permanent Access Easement Agreement o First Whereas Clause — revise development title to "Reserve at Tequesta" o Font size varies beginning at bottom of first page o Numbering off on bottom of second page — renumber accordingly Thank you, Amity R. Barnard, Esquire Page 72 of 394 Agenda Item #8. Associate Attorney Di...1-\V1 1 117) M - M Ar I I- I -ONti P t 9■ 701 Northpoint Parkway, Suite 205 West Palm Beach, FL 33407 Office: (561) 586-7116, Ext. 110 Fax: (561) 586-9611 Email: mitty@davisashtonlaw.com M"1" -.1 "us. I T i A- rM PREEMINENT'/ of Pmfemkx-W&ad1eme Incoming a -mails are filtered which may delay receipt. This e-mail is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the original message. From: Lance Lilly <Ililly@tequesta.org> Sent: Thursday, September 24, 2020 3:04 PM To: Mitty Barnard <mitty@davisashtonlaw.com> Cc: Nilsa Zacarias <nzacarias@tequesta.org> Subject: RESERVE - resubmittal review Good Afternoon M itty, I hope all is well. I believe Nilsa provided Keith with a copy of the Reserve resubmittal package. We would greatly appreciate it, if you could provide us with your comments by next Tuesday, 9/29/2020. If you have any questions, please feel free to contact me. Thank you, jwww M*. ML mew Department of Community Development Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 (561) 401-9459 This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com 2 Page 73 of 394 Agenda Item #8. ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR SITE PLAN REVIEW APPROVAL CASE NO.: S PR 1- 19 IN RE: Gentile, Glas, Holloway, O'Mahoney & Associates, Inc., Applicant; Royal Tequesta LLC, Owner FILED: Village of Tequesta PROPERTY LOCATION: Date: C) 734 N US Highway I (-"Parcel I & MMMMENE" Time.- 746 US Highway 1, Tequesta, FL 33469 (""Parcel 2"') LEGAL DESCRIPTION: Parcel 1: 30-40-43., N '2000 FT OF S 650 FTOF GOV LT I LYG W OF SR 5 & AIL R/W Parcel 2: 30-40-433 N 150 FT OF S 800 FTOF GOV LT I W OF SR 5 & ADDL R/W (LESS TR IN 0 R9 5 OP 192) PARCEL CONTROL NUMBERS: Parcel 1: 60-43-40-3 )0-00-00 1 -0 170, 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 Village Council of the Village of Tequesta having considered the evidence presented by the applicant and other interested persons at a hearing called and properly 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 documentation 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 pan 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 74 of 394 Agenda Item #8. 1"he 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) swimming pool, a fitness center, and a new landscaping plan, all in accordance with the application and all supporting dOCLImentation 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 riht cr Z�, power and authority to act upon the request herein made. IT IS THEREUPON CONSIDERED, ORDERED AND AD.TUDGED 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, Palm Beach Couilty, Florida, to approve a one phase master site plan in accordance with application and all supporting documentation and rD 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. :0 2. Prior to issuance of the building, permit, the Applicant must comply with the following recommendations provided by Air, Water, & Soil Engineering, Inc. (AWSE on the Phase I Environmental Site Assessment (ESA) report: a. "AWSE recornmends that proper abandonment of the former domestic water supply well on the 734 North US Highway I parcel and removal of the 4:) abandoned septic tank." b. "AWSE recommends that the US Geological Survey Salinity Monitor Well, C location." 3. Applicant shall coordinate with the south -adjacent commercial plaza to develop a pedestrian path that ensures both safety and connectivity for pedestrians traveling between the subject property and commercial plaza. Page 2 Page 75 of 394 Agenda Item #8. DON E.AND ORDERED THIS LAY OF JA UARY 2020. t� t�wrr���rrrrrrr� ii{ OR I L NN , NO ,OF.,. VILLAGg OF TEQUESTA LOIN M WILLIAMSM `=s . VILLAGE CLEF SEAL INCORPORATED # �y - ft4 *yF + �ii•41 iy iF 41 l�klll41x11�tfto 4\ Page 76 of 394 Agenda Item #8. ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR SPECIAL EXCEPTION CASE NO.: SEU 5-20 IN RE: Gentile, Glas, Holloway, O'Mahoney & Associates, Inc., Applicant; Royal Tequesta LLC, Owner PROPERTY LOCATION: 734 N US Highway I., Tequesta, FL 33469 ("Parcel I"); & 746 US Highway 1, Tequesta, FL 33469 (0.*'Parcel 2") LEGAL DESCRIPTION: Parcel 1: 30-40-43, N 200 FT OF S 650 FTOF GOV LT I LYG W OF SR 5 & ADDL RiW Parcel 2: 30-40-43, N 150 FT OF S 800 FTOF GOV LT I W OF SR 5 & ADDL R/W (LESS TR IN OR950P 192) PARCEL CONTROL NUMBERS: Parcel 1: 60-43-40-30-00-001-0170. and Parcel 2: 60-43-40-30-00-001-0120 REQUEST: Special Exception Use (Planned Residential Development) approval, to build a set of two (2)-story 69-unit fee simple townhomes and amenities in the R-2 Zoning District. The application also includes a landscaping plan and a monument sign. The subject property is located at 746 US Highway I and 734 N. US Highway 1, Tequesta, Florida, 33469. ORDER GRANTING SPECIAL EXCEPTION This cause came on to be heard upon the above application and the Tequesta Village Council havino, considered the evidence presented by the applicant and other interested persons at a t-1 hearing called and properly noticed, and the Tequesta Village Council, being otherwise duly advised, THEREUPON, THE TEQUESTA VILLAGE COUNCIL FINDS AS FOLLOWS: I . The subject property is located in the R-2 Zoning- District in the Village of Tequesta. 2. The applicant submitted all documents required by the Village's Code of Ordinances for Special Exception review and final action. 3. The application and all supporting documentation and presentation materials as z:1 reviewed by the Village Council at its November 12, 202-0 meeting, and as kept on Z-- file by the Village, are made a part hereof and are hereby incorporated by reference. Page I of 3 Page 77 of 394 Agenda Item #8. According to section 78-174(d)(7) of the Official Zoning Ordinance of the Village of Tequesta, Planned Residential Developments (PRDs) are permitted as a special exception use in the R-2 Zonint, District upon approval by the Village Council. 5. The applicant has applied for a special exception use approval to build a set of two (2)-story 69-unit fee simple townhomes and amenities with a landscaping plan and a monument sign, 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 Village Code of Ordinances, the Village Council has the right, power and authority to act upon the request herein made. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTAI FLORIDA, AS FOLLOWS: The application for Special Exception No. SEU 5-20, to build a set of two (2)-story 69-unit fee simple townhomes and amenities with a landscaping plan and a monument sign, all as described in the supporting documentation and presentation materials at the above -referenced property in the Village of Tequesta, Palm Beach County, Florida, in accordance with the application and other materials reviewed and considered by the Village Council and attached to this order as Exhibit A is Z� hereby APPROVED Please note: 0 The term applicant(s) as used here shall include all successors and assigns. E The applicant's special exception approval shall expire in twelve (12) months unless a building permit has been obtained, preliminary site plan or plat approval has occurred, or other significant action to satisfy the requirements of this approval have occurred in accordance with Sec. 78-368. DONE AND ORDERED THIS tl DAY OF NOVEMBER 2020. a 1� LORI McWILLIAMS, MMC VILLAGE CLERK NO 0 Cj >: SEAL ahlannPORATED: V0 % 4 L\ r? --, ....... ...... iyz OF FV W01111%11"111111irlize 2 of 3 YO)k ABIGAIL BRENNAN., .,LAGE OF TEQUESTA Page 78 of 394 Agenda Item #8. Exhibit A Page 3 of 3 I'-- Page 79 of 394 Agenda Item #8. Cornnnu-nica-t-lon,s Trojm fS13MF3 -b-3CA'-,31d,9 ad-jCj' jRjJT9S ns-lru c.titans. 1 - Complete comment card. Be sure to include the agenda item number, if appropriate. 2. Submit to the Village Clerk as early as possible (Cleric is at the dais). 3. When your name is called, approach the pcdiLIM, provide your name and address for the record. 4. You have three (3) minutes in which to address the Village Council. 5. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing Council shall be barred frog n further audience before Council by the presiding officer, unless permission to continue or again address Council is granted by the majo-rity vote of the Council Members present. P"'111111. 7 '.. A PKtr i Op "ft7 0 To&V Page 80 of 394 Agenda Item #8. COMMLI-nica-don's FrOIT 101dZells pff *AW . I , 7 fs-30ra -beCA"Side 7od- j'R:1 JqS :)j: J�=.Cor�j I., . fl(j) Complete comment card. Be sure to include the agenda item number, i-Iapprojorlate. 2. Submit to the Village Clerk as early as possible (Clerk is at the dais). 3. Mien your name is called, approach the podiLIM, provide your name and address for the record. 4. You have three (3) minutes in which to address the Village Council. 5. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing Council shall be barred from further audience before-, Council by the presiding officer, unless permission to continue or again address Council is granted by the majority vote of the Council Members present. J MA P r 'imt): < 3 J4 74% I i'�'ZI a .1% Tr �-4 a Page 81 of 394 Agenda Item #8. General Comments and Concerns StBN,1fTTER General Comments and Concerns 3 Unassigned 11/10/2020 8:30 PM Website 73.85.69.7 Cheryl Koenig CONTACT c&-desig pis,'E..comcast. net REQUEST DETA I LS View Request rid 0 1 Not in favor of the proposed 69 unit development at 734-746 US Hwy I in Tequesta- I live across the street in Tequesta and traffic is alreaody congested in this area. Since US HWY I was taken down to 2 lanes it is a nightmare getting out of our community at various times during the day- It is also bumper to bumper traffic at certain times especially during season. We don't need the addition of 150 cars in this small area. Cheryl Koenig cekdestgns4icoil cast. net email. 2 Page 82 of 394 Agenda Item #8. rpm Lori McWilliams From: noreply@civicpIus.com Sent: Wednesday, November 11, 2020 2:28 PM To: Lori McWilliams; MaryAnn Grieser Subject: [EXTERNAL] Online Form Submittal: E-Mail Form for Council Comments "This Email was sent from an external source. Please be mindful of its content" If you are having problems viewing this HTML email, click to view a Text version. E-Mail Form for Council Comments Council meetings and Workshops will be held in the Council Chambers with limited seating due to required social distancing and mask usage per CDC guidelines. Residents will also be able to watch a live stream of the meeting via the Village's Youtube Channel httDS://bit. ly/VOTYoutube. If you wish to submit a comment to the Village Council for a council meeting, please use this citizen comment card. Contact the Village Clerk's Office at 561-768-0440 with questions. Please reference Resolution 25-18 regarding public participation. Should you wish to submit written or physical evidence during the meeting., please send in this form and then email the information to: Imcwilliams@tequesta.org. For additional information, contact: 561-768-0443. Name- John E Huley e-mail johnhuley@aol.com address -: Phone 2034704577 Number,,~� Agenda SEU 05-20 Re: Royal Tecluesta LLC Item #: Citizen Greetings, and thank you for listening to my comments. I reside in Casa Del Sol, directly north of the subject property and Comment I'm glad the subject property has been approved for residential development. I understand the owner has leveraged the subject property several times and is trying to get most of his money back. Many residents feel the project is designed more for money reasons than keeping in line with our Beautiful Tequesta community. This being said, we are not opposed to the development in general. I have two concerns- 1. the project density will bring additional traffic of approximately 138 new cars to the US 1 entrance of the development. Has an impact study from the anticipated traffic been done? If so, can you please share the outcome. 2. The subject project is likely to turn into rentals, thereby challenging the value of the Casa Del Sol community. We already have a new community with 16 units directly west of our Casa Del Sol development. These 16 units are now all rentals, as none have sold. Can rental restrictions be put on the new development such that Casa Del Sol isn't surrounded by 85 rental units? I'm sure the council can appreciate our concern of a transient community developing around us. In conclusion, a reasonable solution (for Casa Del Sol) could be to reduce the number of units and build more elegant structures. The problem of getting their return on land investment is turning away potential buyers as they do due -diligence on the neighborhood. Respectfully submitted, John Huley indicates required fields. View any uploaded files by signing in and then proceeding to the link below: littp://www.te,questa.orv,/Admin/FonnHist .as l2x?SID=9391 The following form was submitted via your website: E-Mail Form for Council Comments Narne: John E Huley Page 83 of 394 Agenda Item #8. e-mail address: joh.nhuleyaol.com Phone Number: 2034704577 Agenda Item #: : SEU 05-20 Re: Royal Tequesta LLC Citizen Comment: Greetings, and thank you for listening to my comments. I reside in Casa Del Sol, directly north of the subject property and I'm glad the subject property has been approved for residential development. I understand the owner has leveraged the subject property several times and is trying to get most of his money back. Many residents feel the project is designed more for money reasons than keeping in line with our Beautiful Tequesta community. This being said, we are not opposed to the development in general. I have two concerns-. 1. the project density will bring additional traffic of approximately L' ) 8 new cars to the US I entrance of the development. Has an impact study from the anticipated traffic been done? If so, can you please share the outcome. 2. The subject project is likely to turn into rentals, thereby challenging the value of the Casa Del Sol community. We already have a new community with 16 units directly west of our Casa Del Sol development. These 16 units are now all rentals, as none have sold. Can rental restrictions be put on the new development such that Casa Del Sol isn't surrounded by 85 rental units? I'm sure the council can appreciate our concern of a transient community developing around us. In conclusion, a reasonable solution (for Casa Del Sol) could be to reduce the number of units and build more elegant structures. The problem of getting their return on land investment is turning away potential buyers as they do due -diligence on the neighborhood. Respectfully submitted, John Huley Additional Information: Form submitted on: 11 /11 /2020 2:27:31 PIVI Submitted from IP Address: 73.245-5.8 Referrer Page: No Referrer - Direct Link Form Address: http://www.tequesta.org/Forms.aspx?F'ID=192 2 Page 84 of 394 Agenda Item #8. EN = Lori McWilliams From: noreplycivicplus.com Sent: Tuesday, November 10, 2020 8:53 PM To: Lori McWilliams; MaryAnn Grieser Subject: [EXTERNAL] Online Form submittal: E-Mail Form for Council Comments "This Email was sent from an external source. Please be mindful of its content" 1666m9sa�.asv////.v/.u.::•ml.=".=:::::,�i:::::/iiN.r///i/i/.w.w.viH/�mx�taf�r/f�i/:/.sYA�fYAegi955acv .vwY/A�l4MMQ/N%N/�i+r/�.cs•/'� �/f/resJa+�.��a./wiit>tN //,sUh�+/+@� NNN/HNfs'.w,.✓ww�w/vki�%/.�.cr.,iHNM ii�i/.�i...v�i//%/✓.t+//.v/.vu/svhv///p.:c�.w/ivw/.a../i. //iivrvr�55�isc�.rush•isv//tcvv///iN//i/.v�/.ruj..v/ri/iv/ii/.v�/dHvna/p/✓,a/NhV/k.vii� //NAss.'//N///.ffli If you are having problems viewing this HTML email, click to view a } l 'ex t v ci-s i c } n. E-Ma i I Form for Council Comments Council meetings and Workshops will be held in the Council Chambers with limited seating due to required socialWON distancing and mask usage per CDC guidelines, Residents will also be able to watch a live stream of the meeting via the Village's Youtube Channel httpsr/ tube. If you wish to submit a comment to the Village Council for a council meeting, please use this citizen comment card. Contact the 'pillage Clerk's Office at 561-768-0440 with questions. Please reference Resolution 25-18 regarding public participation. Should you wish to submit written or physical evidence during the meeting, please send in this form and then ernaii the information to: lmcwilliamstequesta.org. For additional information, contact: 561-768-0443. .f Name M Kane: e-mail Miko76 c comcast.net address Phone 561w339-1 1 33 ».. , .. Number Agenda Item #: Citizen dear Members, This letter is in regards to the "Application from Royal Tequesta LLC for a Special Exception use" please Comment when reviewing this application think of this beautiful Tequesta village. I understand things do not last forever however we don't need another housing development especially one that has 69 units. Just think of this. How is that going to work? What about the traffic? All those people and cars. How is this going to work with the new bike lanes that were installed? It makes absolutely no sense. It's bad enough we have to look at what they did to Jupiter. Now its our turn? For what?Taxes? Over crowded schools? Crime? Please enough is enough. This is our village please add something on this land that is beneficial to all. Like an essential business . * indicates required fields. View any uploaded fibs by sianinv,in and then proceeding to the link below: http://www.teguesta.orv,/Admin/FormHistorv.asl)x'�SID=9390 The following form was submitted via your website: E-Mail Form for Council Comments Name: M Kane e-mail address: Miko761@comcast.net Phone Number: 56 1-339-1133 Page 85 of 394 Agenda Item #8. Agenda Item #-, : Citizen Comment: Dear Members, This letter is in regards to the "Application from Royal Tequesta LLC for a Special Exception use" please when reviewing this application think of this beautiful Tequesta village. I understand things do not last forever however we don't need another housing development especially one that has 69 units. Just think of this. How is that going to work? What about the traffic? All those people and cars. How is this going to work with the new bike lanes that were installed? It makes absolutely no sense. It's bad enough we have to look at what they did to Jupiter. Now its our turn? For what?Taxes? Over crowded schools? Crime? Please enough is enough. This is our village please add something on this land that is beneficial to all. Like an essential business Additional Information: Form submitted on: 11/10/2020 8:52.-45 PIVI Submitted from IP Address: 73.85.69.7 Referrer Page: https:j(/www.-q-oogLe.com/ Form Address: http://www.teguesta.or-q/Forms.aspx?FID=1 92 Page 86 of 394 Agenda Item #8. ACN c'-\. ,a a -e a � �xoRxoA Department of Engineering and Pubhic Works P.O. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 FAX: (561) 684-4050 www.pbcgov.com E Palm Beach County Board of County Commissioners Dave Kerner, Mayor Robert S. Weinroth, vice Mayor Maria G. Marino Gregg K. Weiss Maria Sachs Melissa McKinlay Mack Bernard County Administrator Verdenia C. Baker "Art Equal Opportunity Affirmative Action Employer" December 17, 2020 Susan E. O'Rourke, P.E. O'Rourke Engineering & Planning 22 SE Seminole Street Stuart, Florida 34994 we - The Reserve at Tequesta Project #: 201019 Traffic Performance Standards Review Dear Ms. O'Rourke: The Palm Beach County Traffic Division has reviewed The Reserve at Tequesta Traffic Analysis, revised December 16, 2020, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Unified Land Development Code (ULDC). The project is summarized as follows: Municipality: Tequesta Location: West of US- 1, south of Count} Line Road PCN: 60-43 -40-3 0-00-001--0 1 20 (Other on file) Access: Right -in only and right -out only driveway connections onto US-1 (as proposed, but not necessarily indicates approval by the County through this TP.S" letter) Existing Use: vacant Proposed Use: Multifamily (Low -Rise) Housing = 69 DUs New Daily Trips: 505 New Pal. Trips: 32 AM (7125); 39 PM (25/14) Build -out: December 31, 2023 Based on our. review, the Traffic Division has determined the proposed development meets. the Traffic Performance Standards JPS) of Palm Beach County (PBQ. An FDOT conce avIual pre -approval letter must be provided for flie driveways on US-1 based on the proposed land uses. Please note the receipt of a TPS approval letter does not constitute the review and issuance,of a Palm Beach County Right -of -Way (R/W) Construction Permit nor does it eliminate any requirements that may be deemed as site related. For work within Palm Beach County R,/W a detailed review of the project will be provided upon submittal for a R/W permit application. The project is required to comply with all Palm Beach County standards and may include RIW dedication. A discussion with Palm Beach County, involving at a Minimum Traffic Division, Land Development Division, and Roadway Production Division, is advisable for access related issues of the site plan on County maintained roadways before a site plan is submitted to the municipality for consideration-. . . printed on sustainable and recycled paper Page 87 of 394 Agenda Item #8. Susan E. O'Rourke, P.E. Decem-ber 17. 2020 Page 2 No building permits are to be issued by the village after the build -out date specified above. The County traffic, concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Th proval letter shall be valid no loner than one ear from date of issuance, unless an application for a Site S I)ecif c Development Order has been approved. an application for a Site Specific Development Order has been submitted. or the aroval letter has been sul)erseded b� another approval letter for the same ro )erg . If you have an' y'questions regarding this determination, please contact me at 561-684-403'0 or err�ail DSimeus be ov.or . S 41cerp.T,Y, Domir q . ue Simeus P.E. Prof6E,Iona.l Engineer Traffic` Division DS/rb ec: . ,M reswe NT*IN -Zacarias, Village Planner, Village of Tequesta Qua.zi Bari, F.E., PTOE, Manager — Growth Management; Traffic Division Steve Bohovsky, Technical Assistant III, Traffic Division File; GeizeraI r TPS Mun - Traffic Study Review N:ITRAFFI.C\DSIML-MCIF.-ALITTESIAPPROVALS120201201019 - THE RESERVE AT TEQUESTA.DOC Page 88 of 394 12/22/20 Agenua Item #8. Name MOT - One Stop Permitting Value Permit Package Permit Package FDOT Engineer / 48-Hour Contact Primary FDOT Engineer / 48-Hour Contact: First Name: Email Address: Phone Number: Provider: Additional FDOT Engineer / 48-Hour Contact: Fabio Alvarez (KNTFSFA) Fabio Last Name: Fabio.Alvarez@ferrovialservices.com 4073405328 Company/Position: FDOT—NETWORK Permit # 2019-D-496-00016 Expiration Date History Permit Expiration Date: View History 5/15/2021 Time Extension Requests View History Clear Alvarez Not Available / Not Available Clear g htt s://os .fdot. ov/#/Process/c3634f43-dfde-41 c0-bbac-aa3b00da5fa4 Page 89 of �P4 P P Agenda Item #8. Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY CONNECTION PERMIT FOR ALL CATEGORIES PART 1: PERMIT INFORMATION APPLICATION NUMBER: ZO'I 9-A-49G-0003H Permit Category: B - 21 to 600 VTPD Access Classification: Project: The Reserve at Tequesta, 746 US Hwy 1, 69 Townhomes Permittee: J E F F I RAVAN Section/Mile Post: / I Section/Mile Post: / State Road: State Road: PART 2: PERMITTEE INFORMATION Permittee Name: JEFFIRAVANI Permittee Mailing Address: 1934 Commerce Lane, Suite 5 City, State, Zip: Jupiter, Florida 33458 Telephone: (561) 575-6030 ext. Engineer/Consultant/or Project Manager: Engineer responsible for construction inspection: NAME P.E. # Mailing Address: City, State, Zip: Telephone: FAX, Mobile Phone, etc. Fax: / Mobile: PART 3: PERMIT APPROVAL The above application has been reviewed and is hereby approved subject to all Provisions as attached. Permit Number: 2019-A-496-00038 Department of Transportation Signature: Brett Drouin Department Representative's Printed Name Brett Drouin 850-040-18 SYSTEMS PLANNING - 06/06 Page 1 of 3 Title: MAINTENANCE MANAGER/PERMITS Temporary Permit ❑ YES 0 NO (If temporary, this permit is only valid for 6 months) Special provisions attached ❑ YES 0 NO Date of Issuance: 8/27/2019 If this is a normal (non -temporary) permit it authorizes construction for one year from the date of issuan('.E . Tn's c.vn only he I extended by the Department as specified in 14-96.007(6). J 1311 A — CAA TAII/1\iNN NA/^■AL�AN (=ANANAI •\N-1 CNA�.i•\1 DNA\/■cam■ANc V \r \r ■V■■Vrr■■■� 1./\.l\■. \.iV ■V■ V\r■■\r■■A■ ■A■■M V1./\.i V■{.■■ ■ ■ VY■V■V■■V 8/2I�..... Page 90 of 394 Agenda Item #8. Rule 14-96, F.A.C. I PART 4: GENERAL PROVISIONS 850-040-18 SYSTEMS PLANNING - 06/06 Page 2 of 3 1. Notify the Department of Transportation Maintenance Office at least 48 hours in advance of starting proposed work. Phone: 4073405328 , Attention: Fabio Alvarez 2. A copy of the approved permit must be displayed in a prominent location in the immediate vicinity of the connection construction. 3. Comply with Rule 14-96.008(1), F.A.C., Disruption of Traffic. 4. Comply with Rule 14-96.008(7), F.A.C., on Utility Notification Requirements. 5. All work performed in the Department's right of way shall be done in accordance with the most current Department standards, specifications and the permit provisions. 6. The permittee shall not commence use of the connection prior to a final inspection and acceptance by the Department. 7. Comply with Rule 14-96.003(3)(a), F.A.C., Cost of Construction. 8. If a Significant Change of the permittee's land use, as defined in Section 335.182, Florida Statutes, occurs, the Permittee must contact the Department. 9. Medians may be added and median openings may be changed by the Department as part of a Construction Project or Safety Project. The provision for a median might change the operation of the connection to be for right turns only. 10. All conditions in NOTICE OF INTENT WILL APPLY unless specifically changed by the Department. 11. All approved connection(s) and turning movements are subject to the Department's continuing authority to modify such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or State Highway System. 12. Transportation Control Features and Devices in the State Right of Way. Transportation control features and devices in the Department's right of way, including, but not limited to, traffic signals, medians, median openings, or any other transportation control features or devices in the state right of way, are operational and safety characteristics of the State Highway and are not means of access. The Department may install, remove or modify any present or future transportation control feature or device in the state right of way to make changes to promote safety in the right of way or efficient traffic operations on the highway. 13. The Permittee for him/herself, his/her heirs, his/her assigns and successors in interest, binds and is bound and obligated to save and hold the State of Florida, and the Department, its agents and employees harmless from any and all damages, claims, expense, or injuries arising out of any act, neglect, or omission by the applicant, his/her heirs, assigns and successors in interest that may occur by reason of this facility design, construction, maintenance, or continuing existence of the connection facility,except that the applicant shall not be liable under this provision for damages arising from the sole negligence of the Department. 14. The Permittee shall be responsible for determining and notify all other users of the right of way. 15. Starting work on the State Right of Way means that I am accepting all conditions on the Permit. Approved 2019-A-496-00038 Brett Drou:- I Page 91 of 394 Agenda Item #8. Rule 14-96, F.A.C. I PART 5: SPECIAL PROVISIONS NON -CONFORMING CONNECTIONS: F-I YES 0 NO 850-040-18 SYSTEMS PLANNING - 06/06 Page 3 of 3 If this is a non -conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following shall be a part of this permit. 1. The non -conforming connection(s) described in this permit is (are) not permitted for traffic volumes exceeding the Permit Category on page 1 of this permit, or as specified in "Other Special Provisions" below. 2. All non -conforming connections will be subject to closure or relocation when reasonable access becomes available in the future. OTHER SPECIAL PROVISIONS: SEE ATTACHMENT'A' I PART 6: APPEAL PROCEDURES You may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes. If you dispute the facts stated in the foregoing Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57 (1), Florida Statutes. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to section 120.57(2), Florida Statutes. You must file the petition with: Clerk of Agency Proceedings Department of Transportation Haydon Burns Building 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 The petition for an administrative hearing must conform to the requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code, and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after you received the Notice. The petition must include a copy of the Notice, be legible, on 8 1/2 by 11 inch white paper, and contain: 1. Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and identification number of each agency affected, if known, and the name, address, and telephone number of your representative, if any, which shall be the address for service purposes during the course of the proceeding. 2. An explanation of how your substantial interests will be affected by the action described in the Notice; 3. A statement of when and how you received the Notice; 4. A statement of all disputed issues of material fact. If there are none, you must so indicate; 5. A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency's proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal or modification of the agency's proposed action; 6. A statement of the relief sought, stating precisely the desired action you wish the agency to take in respect to the agency's proposed action. If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a written statement for consideration by the Department. Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties. The right to an adminstrative hearing is not affected when mediation does not result in a settlement. Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 2vi-' 05.201(2) or Rule 28-106.301(2), Florida Administrative Code. If you fail to timely file your petition in accordance with the above requirements, you will have waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and final. a I __ _ L i A __ . 8/2 Page 92 of 394 00 O � O 0C)N Q�(3)0�0 m O N Page 93 of 394 00 O � O 0C)N Q�(3)0�0 m O N Page 94 of 394 pr6� f 1 s : _ 7 y� m i P 3 • VIA r a R1 OIL _.. 1, ate. ■ - 1 F� �„ s . P IL jr -' Al. _ P .1■ 1 er .n 1�� P . MEN B%m ®"�� �'�°'.. ' 1 � - _ �+. � � � ® ICY■, c. `, - -..P J 1'' �� 4 rbL�_-- $ — 1 ya. ®: A } f CTA ja al 1' IL 1�1 i ab lr m . I .�, YI i . , P �. • ■ I l u s sP L 1 li qm • ew , a ■ " ■ N L r mlA - IL - T■R',1 is - - ., � � � •, _ :� 1 ��. , • p• ,� i _ LLc v 'l � i. a � as � k a , 1w, -a a4 Jo a Agenda Item #8. Rule 14-96, F.A.C. I Application Number: 2019-A-496-00038 I Permit Category: I Project: The Reserve at Tequesta Permittee: Jeff H Iravani Section/Mile Post: Section/Mile Post: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION PERMIT FOR ALL CATEGORIES PART 1: PERMIT INFORMATION Access Classification: State Road: State Road: PART 2: PERMITTEE INFORMATION Permittee Name: Royal Tequesta, LLC Permittee Mailing Address: 33 SE 5T" St Suite 100 City, State, Zip: Boca Raton, FL 33432 Telephone: 561-575-6030 Engineer/Consultant/or Project Manager: Jeff H Iravani, Inc Engineer responsible for construction inspection: Jeff Iravanim P.E. 33155 NAME P.E. # Mailing Address: 1934 Commerce lane Suite 5 City, State, Zip: Jupiter, FL 33458 Telephone: 561-575-6030 Mobile Phone: PART 3: PERMIT APPROVAL I The above application has been reviewed and is hereby approved subject to all Provisions as attached. Permit Number: I Signature: Department Representative's Name: Department of Transportation Title: Temporary Permit: ❑YES ❑ NO (If temporary, this permit is only valid for 6 months) Special provisions attached: ❑YES ❑ NO Date of Issuance: 850-040-18 SYSTEMS PLANNING 06/06 Page 1 of 3 If this is a normal (non -temporary) permit it authorizes construction for one year from the date of issuance 711:1s Call only be extended by the Department as specific in 14-96.007(6). _ See following pages for General and Special Provisions Brett Drou;- I 8/2 Page 96 of 394 Agenda Item #8. Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION PERMIT FOR ALL CATEGORIES 850-040-18 SYSTEMS PLANNING 06/06 Page 2 of 3 I PART 4: GENERAL PROVISIONS I 1. Notify the Department of Transportation Maintenance Office at least 48 hours in advance of starting proposed work. Phone: 561-370-1134 , Attention: Brett Drouin 2. A copy of the approved permit must be displayed in a prominent location in the immediate vicinity of the connection of construction. 3. Comply with Rule 14-96.008(1), F.A.C., Disruption of Traffic. 4. Comply with Rule 14-96.008(7), F.A.C., on Utility Notification Requirements. 5. All work performed in the Department's right of way shall be done in accordance with the most current Department standards, specifications and the permit provisions. 6. The permittee shall not commence use of the connection prior to a final inspection and acceptance by the Department. 7. Comply with Rule 14-96.003(3)(a), F.A.C., Cost of Construction. 8. If a Significant Change of the permittee's land use, as defined in Section 335.182, Florida Statutes, occurs, the Permittee must contact the Department. 9. Medians may be added and median openings may be changed by the Department as part of a Construction Project or Safety Project. The provision for a median might change the operation of the connection to be for right turns only. 10. All conditions in NOTICE OF INTENT WILL APPLY unless specifically changed by the Department. 11. All approved connection(s) and turning movements are subject to the Department's continuing authority to modify such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or State Highway System. 12. Transportation Control Features and Devices in the State Right of Way. Transportation control features and devices in the Department's right of way, including, but not limited to, traffic signals, medians, median openings, or any other transportation control features or devices in the state right of way, are operational and safety characteristics of the State Highway and are not means of access. The Department may install, remove or modify any present or future transportation control feature or device in the state right of way to make changes to promote safety in the right of way or efficient traffic operations on the highway. 13. The Permittee for him/herself, his/her heirs, his/her assigns and successors in interest, binds and is bound and obligated to save and hold the State of Florida, and the Department, its agents and employees harmless from any and all damages, claims, expense, or injuries arising out of any act, neglect, or omission by the applicant, his/her heirs, assigns and successors in interest that may occur by reason of this facility design, construction, maintenance, or continuing existence of the connection facility, except that the applicant shall not be liable under this provision for damages arising from the sole negligence of the Department. 14. The Permittee shall be responsible for determining and notify all other users of the right of way. 15. Starting work on the State Right of Way means that I am accepting all conditions on the Permit. 2019-A-496-0( Brett Drou;- I 8/2 Page 97 of 394 Agenda Item #8. Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION PERMIT FOR ALL CATEGORIES 850-040-18 SYSTEMS PLANNING 06/06 Page 3of3 I PART 5: SPECIAL PROVISIONS I NON -CONFORMING CONNECTIONS: [:1 YES Z NO If this is a non -conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following shall be a part of this permit. 1. The non -conforming connection(s) described in this permit is (are) not permitted for traffic volumes exceeding the Permit Category on page 1 of this permit, or as specified in "Other Special Provisions" below. 2. All non -conforming connections will be subject to closure or relocation when reasonable access becomes available in the future. OTHER SPECIAL PROVISIONS: I PART 6: APPEAL PROCEDURES I You may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes. If you dispute the facts stated in the foregoing Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57(1), Florida Statutes. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to section 120.57(2), Florida Statutes. You must file the petition with: Clerk of Agency Proceedings Department of Transportation Haydon Burns Building 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 The petition for an administrative hearing must conform to the requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code, and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after you received the Notice. The petition must include a copy of the Notice, be legible, on 8 1/2 by 11 inch white paper, and contain: 1. Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and identification number of each agency affected, if known, and the name, address, and telephone number of your representative, if any, which shall be the address for service purposes during the course of the proceeding. 2. An explanation of how your substantial interests will be affected by the action described in the Notice; 3. A statement of when and how you received the Notice; 4. A statement of all disputed issues of material fact. If there are none, you must so indicate; 5. A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency's proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal or modification of the agency's proposed action; 6. A statement of the relief sought, stating precisely the desired action you wish the agency to take in respect to the agency's proposed action. If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a written statement for consideration by the Department. Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties. The right to an administrative hearing is not affected when mediation does not result in a settlement. Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements cf or Rule 28-106.301(2), Florida Administrative Code. If you fail to timely file your petition in accordance with the above requirements, you will have waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in Vi . srGll be Cr)!] ;,'asi'✓E 311d final. bra ou ' 8/2I�..... Page 98 of 394 Agenda Item #8. Royal Tequesta, LLC 33 SE Soh St, Suite 100 Boca Raton, FL 33432 April 22, 2019 Re: The Reserve at Tenet. To Whom It May Concern: Royal Tequesta, LLC., hereby authorizes Jeff H. Iravani to act as its authorized agent to obtain all applicable civil permits., approvals and abandonment of easement for the above referenced project. Sincerely, Signature-. Y4. Z V Name: S Title; STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was aKowled ged before me this da 20 17, by S*ok,11. who 'is pers __ ally known to me or �roduced a drivers' license as identification and who did (did not take a—n--oa-th-.--`1 . . . . ...... LAURA FAJARDO Seal Notary Public - State of Florida -COMMiSSiOnA GG 123032 dy ft V MY COMM, ExPkeS 41. 11, 2021 Bonded through Wflonal Notary Assv Approved . _2019-A-496-00038 Brett D ro u i n A60%, I AOM& � I AV%, AW%l A OW& Page 99 of 394 Agenda Item #8. Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RECEIPT OF CONNECTION APPLICATION AND FEE (OR WAIVER OF FEE) IMPORTANT NOTE: Even though your application has been accepted, it may not be complete. We will contact you if more information is needed. 850-040-16 SYSTEMS PLANNING 06/17 (1) APPLICATION NUMBER: 201 g-A-496-00038 APPLICANT: (2) Name/Address: JEFF IRAVANI 1934 Commerce Lane, Suite 5 Jupiter, Florida 33458 (3) Project Name: VEHICLES PER DAY FEE (4) Fee ❑ Category A 1-20 $50.00 Fv-1 Category B 21-600 $250.00 ❑ Category C 601-1,200 $1,000.00 ❑ Category D 13201-43000 $23000.00 ❑ Category E 43001-10,000 $3,000.00 ❑ Category F 109001-30,000 $4,000.00 ❑ Category G 30,001 + $55000.00 ❑ Temporary $250.00 ❑ Safety NO FEE ❑ Government Entity NO FEE (5) Application Fee Collected $ 250 (6) Fee Collected By Payment Type: Name Rosie Evert ❑ Money Order � Check (check number 400610348) Signature Rosie Evert ❑ Cash ❑ Credit Card (online only) 5/6/2019 4 Permits Date District Unit (7) Receipt Given Back to Applicant Via ❑ Hand Delivery 0 Mail El Courier Service El Other [:1 Electronically Applicant (or Agent) Signature (if available) JEFF IRAVANI This form bears your application number and serves as your receipt. 8 If fee is waived, give justification below or on separate sheet. FOR AGENCY USE ONLY -ATTACH COPY OF CHECK ON THE NEY.'f P/►l; c k-496- Make Checks payable to: State of Florida Department of Transportation 4. n,I. �....iL vI%..�%.A .•. , .•. � / A A / A Page 100 of 394 Agenda Item #8. I[Hi IL Jeff H. Ii, Inc. Consulting Engineers 1934 Commerce Lane, Suite 5 Jupiter, Florida 33458 TO: (561) 575-6030 Fax: (561) 575-6088 Email: JH140ellsouth.net We site: ififinc.com Transmittal Name: Rosie Evert Phone: 561-370-1139 From: lenua Jenkins Re The Reserve at Tequesta. JHI Project No. 1274 FDOT Access Application # 2019-A-496-00038 Date: May 1, 2019 Attached: (1) Cashier"s check in the amount of $250.00 Comment: Feel free to contact me if you should have any questions. Thank you, Jenna Hand Delivered 11 FedEx a] Pickup F] cited F] Fax [:] Approved 2019-A-496-00038 Brett Drouin Page 101 of 394 U HOLD DOCUMENT UP TO THE LIGHT TO VIEW TRUE WATERMARK HOLD DOCUMENT UP TO THE LIGHT TO ViEW TRUE WATERNIARK OFFICIAL CHECK"o 400610348 Buffalo, NY 14240 10-4/220 INC PAY TO THE ORDER OF F D I -i! -JD - [1= 1 F' 4, -t'4 i 4 1.- j DATE TWO AUTHORIZED 111 4 JCS 6 1034i3ill 1:0220OD04D: 1 ?00 40 199 413 26 311" x js� = DOWLS cm Bark. 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Prepared by: O'Rourke Engineering & Planning Certificate of Authorization: #26869 969 SE Federal Highway, Ste. 402 Stuart, Florida 34994 (772) 781-7918 r CROURKE ENGINEERING & PLANNING TRAFFIC ANALYSIS IffUl The Reserve at Tequesta Prepared for: Mr. Jeff Iravani Jeff H. lravani, Inc. 1934 Commerce Lane,, Suite 5 Jupiter, FL 33458 Prepared by: O'Rourke Engineering & Planning 969 SE Federal Hwy. Suite 402 Stuart, Florida 34994 (772) 781-7918 March 11, 2019 PR18101.0 Susan E O'Rourke State of Florida, Professional Engineer, License No. 42684 This Document has been electronically signed and sealed by Susan E O'Rourke, PE on 3/11/2019 using a SHA authentication code. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies. 969 SE Federal Hwy, Suite 402 2019-A-496-00038 Brett D ro u i n Stuart, FL 34994 1 772-781-7918 1 SEOPourke,C-L c o rn c=ME 10%, 8f-21, - Page 111 of 394 Agenda Item #8. March 11, 2019 r � , OROURKE ENGINEERING &PLANNING Mr. Jeff Iravani Jeff H. Iravani, Inc. 1934 Commerce Lane, Suite 5 Jupiter, FL 33458 RE: The Reserve at Tequesta Dear Mr. Iravani: O'Rourke Engineering & Planning has completed the Traffic Analysis for the proposed development to be located west of US-1 and south of County Line Road, in Palm Beach County, Florida. The steps in the analysis and the ensuing results are presented herein. it has been a pleasure working with you. If you have any questions or comments, please contact our office. Respectfully submitted, O'Rourke Et'ggineering & Planning Susan E. O'Rourke, P.E. Registered Civil Engineer —Traffic C6 — The Reserve at Tequesta - Report 969 SE Federal Hwy, Suite 402 ': Stuart, FL 3499 4 1 772-781-7918 Approved 2019-A-496-0001- Brett DroOrn sECRo ur.E a Com��r.� age 112 of 394 Agenda Item #8. TABLE OF CONTENTS INTRODUCTION 1 PROJECT DESCRIPTION 1 TRIP GENERATION/ MAXIMUM RADIUS OF DEVELOPMENT INFLUENCE 1 DISTRIBUTION AND ASSIGNMENT 4 LANE GEOMETRICS 4 TEST ONE —PART ONE -INTERSECTIONS 6 TEST ONE —PART TWO —LINKS 6 DRIVEWAY ANALYSIS 9 TEST TWO -FIVE YEAR ANALYSIS 11 CONCLUSION 11 TABLES TABLE 1a: Daily Trip Generation 3 TABLE 1b: AM Trip Generation 3 TABLE 1c: PM Trip Generation 3 TABLE 2a: AM Project Significance 7 TABLE 2b: PM Project Significance 7 TABLE 3a: Test One - Directional Traffic AM 8 TABLE 3b: Test One - Directional Traffic PM 8 FIGURES FIGURE 1: Project Location 2 FIGURE 2: Project Percent Assignment 5 FIGURE 3: Driveway Volumes 10 APPENDICES APPENDIX A: Site Plan APPENDIX B: Palm Beach County Functional Classification and Boundaries Map APPENDIX C: Palm Beach County Intersection Data and Link Data APPENDIX D: Driveway Analysis Approved 2019-A-496-00038 Brett Drou:- I Page 113 of 394 Agenda Item #8. INTRODUCTION O'Rourke Engineering & Planning was retained to provide a traffic analysis based on Article 12 -Traffic Performance Standards for Palm Beach County. This application covers the building of 69 Town Homes. The following tasks were undertaken; description of the proposed project, distribution and assignment, Test One and Test Two Five Year Analysis. Each task is summarized herein. PROJECT DESCRIPTION The Reserve at Tequesta project is located on the west side of US-1 and south of County Line Road in Palm Beach County. The proposed development is for 69 Town Homes. The project location is shown in Figure 1. APPENDIX A includes the project site plan. TRIP GENERATION/ MAXIMUM RADIUS OF DEVELOPMENT INFLUENCE The trip generation for the site was based on 2014 Palm Beach County Trip Generation Rates. TABLE 1 summarizes the estimated project trips. Based on the trip generation the proposed project would generate 459 daily trips, 38 AM peak hour trips with 6 entering and 32 exiting the site and 44 PM peak hour trips with 29 trips entering and 15 exiting the site. With more than 20 but less than 50 PM Peak Hour trips, the project has a maximum radius of development influence of 0.5 miles. As shown in Figure 1, the radius extends from County Line Road on the north; to Village Boulevard on the south; Beach Road to the east; and Seabrook Road to the west. Approved 2019-A-496-00038 ' Brett Drou:- I Page 114 of 394 Agenda Item #8. p� OGea� ,Beach Rd U fa CD US-1 m a) W � o\a p\X\e Nay > O�aO /k,P ywy N O (U U O M � +-+ > U CU LL Lnn �O � o� Seabrook Rd J C Ln U p cu N U can — 4, Q Country Club Dr o a) ai 0 4- J O U Ln O J a' 'o � a Loxahatchee River Rd W(D z �z N Q a W 7 a)N s� � m O N w = — w LL z 6 M C) O z a, LL � W 4- w V) lD O r-I O 00 z Of a i Qj E Z O 2019-A-496-0( Brett D ro u; NION& Page 115 of 394 Agenda Item #8. Table 1 - Trip Generation Table la- Daily Land Use ITE Code Intensity Units Trip Generation Rate Directional Split Net New Trips In Out In Out Total Condo/TH 1 230 1 69 1 DU T = 6.65(X) 1 50% 50% 1 230 229 459 Source: Palm Beach County Trip Generation Rates Table lb: AM Peak Hour Land Use ITE Code Intensity Units Trip Generation Rate Directional Split Net New Trips In Out In Out Total Condo/TH 230 69 DU Ln(T) = 0.80Ln(X) + 0.26 17% 83% 6 32 38 Source: Palm Beach County Trip Generation Rates Table le: PM Peak Hour Land Use ITE Code Intensity Units Trip Generation Rate Directional Split Net New Trips In Out In Out Total Condo/TH 230 69 DU Ln(T) = 0.82Ln(X) + 0.32 67% 33% 29 15 44 Source: Palm Beach County Trip Generation Rates Approved 2019-A-496-Onw- B Susan E. O'Rourke, P.E., lnc. Page 116 of 394 Agenda Item #8. Distribution and Assignment The project is assumed to have a distribution reflecting the ultimate origins and destinations of the trips. The assignment was based on the overall distribution with the anticipated travel paths. Figure 2 shows the resultant project assignment. LANE GEOMETRICS • US-1 is a six -lane divided arterial with a general north/south alignment. • North Old Dixie Highway is a two-lane undivided arterial from County Line Road to Tequesta Drive and afour-lane divided arterial from Tequesta Drive to Old Dixie Highway with a general north/south alignment. • Old Dixie Highway (SR-811) is a six -lane divided arterial with a general north/south alignment. • Tequesta Drive is a four -lane divided collector from US-1 to Old Dixie Highway and atwo-lane undivided collector west of North Old Dixie Highway with a general east/west alignment. • Beach Road is a two-lane undivided collector with a general north/south alignment. Appendix B contains the Palm Beach County Functional Classification and Boundaries Map. Approved 2019-A-496-00038 4 Brett Drou:- I Page 117 of 394 Agenda Item #8. Bear Ra 2p% 15% v5-1 0 Lr, 60% 2! o m a� an > pad 160& \Ja o-ac pGea� U U') m 25% 0 om 100 40 - e y�y v E N � a LL U � N Z3 cr � +.j > can L 0 0 NLr)� aU J T v cr Seabrook Rd a� N L O U U O n Or N 0 O_ U Country Club Dr U J °J 0 a Loxahatchee River Rd z W" z z 7� J N � W a a) o D N � N z 0� .:t �m W 2 - +O-+ z M C) 0z W d� LU cn w Lo--n V) o O 00 z i Qj E z O 2019-A-496-0( Brett D ro u; NION& Page 118 of 394 Agenda Item #8. TEST ONE PART ONE - INTERSECTIONS Intersections must be analyzed for two cases. The first analysis must be completed for the intersections nearest the point at which the project's traffic enters each accessed link and the project traffic is significant. The project is significant on the accessed link of US- 1. Therefore, the intersections of US-1 at County Line Road and US-1 at Tequesta Drive were analyzed. These intersections were analyzed using CMA's. As shown, both intersections operate under the critical sum of 1400 in the AM and PM peak hours. Appendix C includes the intersection data and analyses. Second, analysis of intersections where the project traffic is ten percent or more of the total traffic on at least one of the approaches must be analyzed. As shown in Tables 2a and 2b introduced in the next section, no approaches have a 10% project impact; therefore, additional intersection analysis was not required. TEST ONE PART TWO - LINKS To satisfy Test One Part Two Links, total traffic on links where the project is significant must be less than allowable thresholds based on AM and PM peak hour directional values. Tables 2a and 2b show the project % impact in the AM and PM peak hours, respectively. The only link in which the project traffic is more than 1% of capacity is US-1. Existing traffic volumes were obtained from the Palm Beach County TPS database, these values were then grown to 2020 and committed background traffic was then added. Finally, the project traffic was added to obtain the total traffic at buildout. Tables 3a and 3b show the results of these calculations. As shown, total traffic volumes are less than roadway capacity. Therefore, Test One part 2 is satisfied. APPENDIX C also includes the input link data. Approved 2019-A-496-00038 6 Brett Drou:- I Page 119 of 394 Agenda Item #8. 4. �_ C uC U U GJ CL i a � a 0 0 u1 Ln r-1 r-1 0 O O N o O O 00 0 0 O O w l0 0 0 Ln Ln N N 0 o Ln �n a a �n �n o 0 O O r I r-1 0 o O O o 0 O O N N 0 0 Ln Ln 0 0 Ln Ln w M fG O GJ C U a o .O +' a a 0 M D a M r-I O o 0 o o cV cV 0 0 1, m -1 O 0 0 Ln -i -1 1- 0 0 o -i r-I 0 0 Ln o N O 0 0 o M O N 0 a Zo 00 O r-I o 0 1l 1* O 0 0 1* N 1- -1 0 0 M o cV O 0 0 M o cV 0 i O O x Y y 31 + 0 0 Y f0 Vf GJ O a J O O ri ri rI rI M M O O It* � M M N (V O O � � C) rn fV N O O M M m m N N O O w w rn rn ri ri r� � r00 00 00 00 00 CD M M w� ri ri C) C)L � � m C)CL N N -, OO � 00 00 00 00 00 00 00 00 00 00 GJ O dU — E le M U Ln -1 W lD Ln M N M N CD N -1 M N rM-1 W -1 N O N O a c a L > p L L O ++ o GJ ri tw O O O O O N O O O O O O O O O O O O O O O O O O 3 QZ_ C H O F— Z) Z_ O H Z_ Z) O H ZZ) _ O H Z_ D O H D Z_ O H Z_ Z)Z_ O H Z)Z_ O H Z) O H Z)Z_ O H Z)Z)Z_ O H Z_ O C O +' 0 m co Z Ln m co Z Ln m co z Ln coC', z Ln com z Ul m m �j W m m Z 7Z m m LnZ m m Ln m m w m m W m m Z L/'1 of of C C J J U U Q Q L L 0 0 ate+ +M+ == co co L L 0 0 +M+ 2 2 .— GJ N N 2 2 G) 4) L L U V L L U U O H T T + C O O O O v v }} U U ar ar O- CL a N N a) a) CT CT w w F— F— U U M M W W 00 000 C C ro ro a) O U U 0>>�� cn cn LA LA a) a) CT CT a� a� X X O O L L v +� C C G� v u 0 X X 0 0 0 0 L L C C O O O O U U 'L L cc or y y T T = _ Of T T J J U U Q Q 0 0 (0 (0 (U G) X X J J 0 0 f0 f0 au a) X X GJ GJ LL Q Q Of Of U U C C O O U U U U w N 'p L L Cl. 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C GJ Y ° aJ M +� o O a M n. U T y U 4.1 C O G1 L N d GJ L GJ u � U O C 0 ° u w O �, C U Y o GJ U M M GJ u p C a L e u C u O w4, + u +' i N d O O O � 4, Y N d O M H GJ a 41 GJ '^ E s ° to O > + a Ln N rq t7 O O N N L O O 41 Y u CD M L u 1* Gi � CT) Y fG Ln GJ p a J GJ C ++ O v E Y fG u N 7 a c a Qj > p E G>J a O o u a+ M C GJ GJ E o m E aJ U Gl M s GJ u, i O 3 M p � Y GJ M E a O u > ° GJ �O = L r-I M 0 O Gl N d L L O 4 N O GJ > 41 O O C O 41 m U Ln 4r L L 0 (O N 7 O GJ V1 N GJ U U a U O O L L LL d E � �G N C � C p 3 N O Q H 0- (D L N L a) GJ 4a_ Y ° o aJ E 4 o d i O a M n. U T y U 4a C O G1 L N d GJ L GJ 3 G1 U O C 0 ° u w O �, C U Y G o GJ a M -u ai m Gl al C a L o eU � C u O +' + v H i N Q�1 M N 00 a+ Y 11 d O M H G1 a 4a a, E s ° ao s +' in + 03 0100 L O O N N L O O is Y y CD as L + a 0LLIN Y fG Ln GJ p a J GJ C u O v E Y U 41 7 Qj > p 4j IZ s E Gi ° O 0 u a+ � C GJ GJ 4� E E o 711 E aJ U G1 0 M s U 4. 4. c 4 Ln i O 3 M o N Q I � Y GJ M E a > = GULJ ONO M 0 O G1 N d L O a+ O O GJ C 1 z_ O C O �1 m v cn 4r L 0 N N u U U a u U GJ O O � CL Of C J E � O � L O LL U E WN (� Approved 2019-A-496-00038 Brett Drouir Page 121 of 394 Agenda Item #8. DRIVEWAY ANALYSIS The project driveway was analyzed for the AM and PM Peak Hours. There will be a right- in/right-out driveway located on US-1 and aright -out only driveway also located on US- 1. The right-in/right-out driveway will have 321 daily trips. With less than 500 daily trips the driveway is classified as a minor driveway. As a minor driveway the minimum return radius of 20 feet and a minimum 25-foot throat length applies. A right turn lane must be provided when daily driveway volumes exceed 1,000 trips or 75 right turns inbound in the peak hour. With 321 daily trips and 30 peak hour inbound trips, a right turn lane is not warranted. Figure 3 illustrates the driveway volumes for the AM and PM Peak periods. Since the driveway is right -in and right -out, the traffic entering from the south will U-turn at County Line Road and traffic leaving to go north will U-turn at Village Boulevard. APPENDIX D includes the driveway analysis data and Palm Beach County design standards. Approved 2019-A-496-00038 9 Brett Drou:- I Page 122 of 394 Agenda Item #8. d )on**", J; MlOft 10 Page 123 of 394 Agenda Item #8. FIVE YEAR TEST TWO Test Two requires analysis of links and major intersections as necessary within or beyond the radius of development influence where a project's traffic is significant on a link within the radius of development influence. Since the project is less than 3% of LOS D on all links, one can conclude that the project is less than 3% of LOS E on all links. Therefore, no Test Two analyses are required. CONCLUSION The proposed project would generate 38 new AM peak hour trips with 6 entering and 32 exiting the site and 44 new PM peak hour trips with 29 trips entering and 15 exiting the site. No offsite improvements are required by the project. The project meets the requirements set forth by Article 12- traffic performance standards of Palm Beach County. Approved 2019-A-496-00038 " Brett Drou:- I Page 124 of 394 Agenda Item #8. APPENDIX A Site Plan Approved 2019-A-496-00038 Brett Drou:- I w Page 125 of 394 Agen %I a% I A. OR -010M 46 0 rt,.� = � m==m qoa � rW( (D rbCD IF 11 =o�n`1 `J `JNN FIE- CD tj -, = so S <� X Y Y b m m X. X. O O O O < c !l 2 0 v 4 4 as N N v v V N' m m v V N N rn V 0" O Go `0 m o7 0] ul � N � N � � �' V N N C a ti O O O C C w a7 3 N N' Gl- NG n a O rho ^ N ;t a 9 n b 3 O o' - N N v �z- o4 n c -nf.3. rho n h. UJ v m O D m n Ex. Land Use: Institutional Ir Ex. Land Use: HR-12; Unincorp. PBC Ex. Zoning: C-2; Commimitc' Commercial II Ex. Zoning: RH; Residential High Ex. Use: Water Plant I�I Ex. Use: Tequesta Hills Condos - /� II " N00"1610'E CPEEP' NOO'14 54"E - 347.47' Ex. Land Use: HR-12 Unincorp. PBC Ex. Zoning: RH; Residential High Ex. Use: Broadview Intracoastal Place Apnrove ; o oDaa U m �r��-,�c, �- Q 'J14V4-- -K nRej. ei manN m��: at Tequesta �038 i of 394 A-1 Agenda Item #8. =..: Palm Beach County Functional Classification and Boundaries Map Approved 2019-A-496-00038 Brett Drou:- I Page 127 of 394 Agen o �- m N ^ o � N - da Item # z a J cn a�o� �° a � m o LL L L C O m J U LL o o a, N •i (Q U U L Q o O Q L Oi C M z Z Q � O O O O c m a CO, LLJO O C 0 O O O75 N 11 d m •L .� C O N � Q Q z s= c c �Y O.w o i 7 i 7 i 7 7 C a U E to C c Q Q a- 0 > C C N I U od C) 3 � Q I L U N L O] L Ol C 2 J I uID° a)± E ID m m m U I 0 maw co awaiiii 9 N OceB Bjvd r— �z � Q � z az a EO O�NTY . 0LLJ W M x N N O U I � 1 N o Q a 4` W 2 Q >�m Al;W a 7Fla . m z �a wE J O 2 U a O LL U �/ an y a� antl ssaaouo z any sss__pa OJsbuNNQa aO�lF� a Pl veil /!PV N P or I 3 ro R I v _ m 0 PHII!4�aneyy a J j PH /I!y aneyS K /'l ��e mws a x C n k a � � I St Andrews Blvd a . E e I ca l3 Pd bo/•N a h PH 4oueH �!e1� j v U al� O N w PH 6oCS C ` PH bofS a OaOl-yamd pal youeHlua eH 1 a Ce u PH o!H eo°B 1 I J o m3 _ }' m 06e C y U PH suoA7 3 i m a (peoH a/e7S a c I 3 2 I Pn/B yoea9 WdMA-d m 10 i. PnIB 7nu030j 'O�ip ap/saan/H E I pOOaysaa� U 01va� •O Ajlsaanlun m/ 8,0 Sn°tes 911 a _ NaAV glop, �4jeW ro q I I i d v i O I PH.faullyM ne1d I PH .fau114M ))eid a/ou/waS I I I � I 1 I I I I I I ' I I I I / I I I / � I / I I / I / � I / U I / / � I fmH uolleH 1 I a A r3a�/ rc rc a - I I rc g / j �� -I PH ePn0 � I of H epn0 I y` I PH aPe1�J all?8 1Ce I t e ' I I Co u=ty Road �. i3lu/eW N I Y ° State Road j15 = 1S y19t MN I 'PB I / I I / US Highway 27 I � I I I I I I I — ua N Et I I I I I e�ti� y�i9y J ita�76Y J A r0v I on i a_ o _dak_ r nqq I !w � iw w B_1 Page 128 of 394 Agenda Item #8. APPENDIX C Palm Beach County Intersection Data and Link Data Approved 2019-A-496-00038 Brett Drou:- I Page 129 of 394 Agenda Item #8. Palm Beach County Signalized Intersection Analysis INTERSECTION: US-1 and County Line Rd VOLUMES: From PBCO Count Data GEOMETRY: Existing Input Data AM PM Growth Rate = 1.00% 1.00% Peak Season = 1.03 Count Year = 2018 Buildout Year = 2020 AM Peak Hour Intersection Volume Development Northbound Southbound Eastbound Westbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume (05/7/2018) 54 473 0 3 1250 230 138 0 104 0 0 0 Peak Season Adjustment 2 14 0 0 38 7 4 0 3 0 0 0 Diversion (%) Diversion (Volumes) 0 0 0 0 0 0 0 0 0 0 0 0 Background Traffic Growth 1 10 0 0 26 5 3 0 2 0 0 0 1% Background Growth 1 10 0 0 26 5 3 0 2 0 0 0 Approved Projects Traffic 0 21 0 0 4 1 7 0 0 0 0 0 Background Used: Projects 1 31 0 30 6 10 0 2 Direction IN/OUT OUT IN IN % Assignment 80%/5% 15% 15% 5% Project Traffic 1 6 1 5 1 0 1 0 1 1 1 0 1 0 1 0 1 0 1 0 1 0 1 0 Total 63 523 0 3 1 1318 243 152 0 109 0 0 0 Approach Total 586 11564 261 0 Critical Volume Analysis No. of Lanes 1 2 1 1 2 1 > 1 1 > 1 < Per Lane Volume 63 261 0 3 659 243 > 152 109 > 0 < Right on Red 60 60 60 „ ..... 10 Overlaps Left - 0 0 63 ----------- -- - 0 Adj. Per Lane Volume 63------------ iiiiiiii"261 0 3 659 183 > 152 0 > -10 < Through/Right Volume 261 659 152 -10 Opposing Left Turns 3 63 0 0 Critical Volume for Approach 265 722 152 -10 Critical Volume for Direction 722 152 Intersection Critical Volume 874 STATUS? UNDER PM Peak Hour Intersection Volume Development Northbound Southbound Eastbound Westbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume (05/7/2018) 135 1184 5 0 578 165 253 0 115 4 0 0 Peak Season Adjustment 4 36 0 0 17 5 8 0 3 0 0 0 Diversion (%) Diversion (Volumes) 0 0 0 0 0 0 0 0 0 0 0 0 Background Traffic Growth 3 25 0 0 12 3 5 0 2 0 0 0 1% Background Growth 3 25 0 0 12 3 5 0 2 0 0 0 Approved Projects Traffic 1 8 0 0 26 7 2 0 1 0 0 0 Background Used: Projects 4 33 0 0 38 10 7 0 3 0 IN/OUT OUT IN IN 80%/5% 15% 15% 5% Project Traffic 1 24 1 2 1 0 1 0 1 4 1 0 1 0 1 0 1 1 1 0 1 0 1 0 Total 167 1 1254 5 0 1 637 180 268 0 123 4 0 0 Approach Total 11426 818 391 4 Critical Volume Analysis 1 2 1 1 2 1 > 1 1 > 1 < No. of Lanes Per Lane Volume 167 627 5 0 319 180 > 268 123 > 4 < Right on Red ........... 60 60 60 10 Overlaps Left 0 .... ................................... 0 —7-1 167 .................................... 0 Adj. Per Lane Volume 167 627 0 0 319 120 268 0 > -6 < Through/Right Volume 627 319 268 -6 Opposing Left Turns 0 167 0 0 Critical Volume for Approach 627 485 268 Critical Volume for Direction 268 627 Intersection Critical Volume 895 STATUS? UNDER Engineering and Public Works Department C-1 iral l is Di visfoll Page 130 of 394 Agenda Item #8. Palm Beach County Signalized Intersection Analysis INTERSECTION: US 1 and Tequesta Dr VOLUMES: From PBCO Count Data GEOMETRY: Existing Input Data AM PM Growth Rate = 1.00% 1.00% Peak Season = 1.03 Count Year = 2018 Buildout Year = 2020 AM Peak Hour Intersection Volume Development Northbound Southbound Eastbound Westbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume (05/7/2018) 55 646 11 17 1582 87 55 10 142 29 9 1 Peak Season Adjustment 2 19 0 1 47 3 2 0 4 1 0 0 Diversion (%) Diversion (Volumes) 0 0 0 0 0 0 0 0 0 0 0 0 Background Traffic Growth 1 13 0 0 33 2 1 0 3 1 0 0 1% Background Growth 1 13 0 0 33 2 1 0 3 1 0 0 Approved Projects Traffic 0 21 0 0 4 1 7 0 0 0 0 0 Background Used: Projects 1 34 0 0 37 3 8 Direction IN OUT OUT IN % Assignment 60% 60% 20% 20% Project Traffic 0 4 0 0 19 6 1 0 0 0 0 0 Total 58 704 12 1685 98 66 11 149 30 9 1 Approach Total 773:L!11801 225 41 Critical Volume Analysis No. of Lanes 1 3 < 1 3 < 1 1 1 1 1 < Per Lane Volume 58 238 < 18 595 < 66 11 149 30 11 < Right on Red 10 0 ........ 0 ....................................................... 10 Overlaps Left ;. 0 0 58 0 Adj. Per Lane Volume 58 228 < 18 595 < 66M91 30 1 < Through/Right Volume 228 595 91 1 Opposing Left Turns 18 58 30 66 Critical Volume for Approach 246 652 122 66 Critical Volume for Direction 652 122 Intersection Critical Volume 774 STATUS? UNDER PM Peak Hour Intersection Volume Development Northbound Southbound Eastbound Westbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume (05/7/2018) 120 1412 32 50 890 65 146 31 100 118 52 31 Peak Season Adjustment 4 42 1 2 27 2 4 1 3 4 2 1 Diversion (%) Diversion (Volumes) 0 0 0 0 0 0 0 0 0 0 0 0 Background Traffic Growth 2 29 1 1 18 1 3 1 2 2 1 1 1% Background Growth 2 29 1 1 18 1 3 1 2 2 1 1 Approved Projects Traffic 1 8 0 0 26 7 2 0 1 0 0 0 Background Used: Projects 3 37 1 1 44 8 5 IN OUT OUT IN 60% 60% 20% 20% Project Traffic 0 17 0 0 9 3 6 0 0 0 0 0 Total 127 1509 34 53 970 78 161 33 106 124 55 33 Approach Total 11669 E11101 300 211 Critical Volume Analysis 1 3 < 1 3 < 1 1 1 1 1 < No. of Lanes Per Lane Volume 127 514 < 53 349 < 161 33 106 124 87 < Right on Red 10 10 ........ 0 10 Overlaps Left 0 0 .... 127 0 Adj. Per Lane Volume 127 504 < 53 339 < 161 1 33 0 124 77 < Through/Right Volume 504 339 33 77 Opposing Left Turns 53 127 124 161 Critical Volume for Approach 557 467 157 239 Critical Volume for Direction __ __ _ 239 557 Intersection Critical Volume 795 STATUS? UNDER Engineering and Public Works Department C-2 iralIIc Divisfoll Page 131 of 394 Agenda Item #8. Input Data E-W Street: County Line Rd COUNT DATE: 5/7/2018 Report Created N-S STREET: S US Highway 1 CURRENT YEAR: 2018 12/13/2018 TIME PERIOD: AM ANALYSIS YEAR: 2020 GROWTH RATE: -0.85% PSF: 1.03 SIGNAL ID: 1500 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume 138 0 104 0 0 0 54 473 0 3 1250 230 Diversions 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 1142 0 107 0 0 0 56 487 0 3 1288 237 Committed Developments Type % Complete Love Street 0 0 0 0 0 0 0 0 0 0 1 0 NR 0% Tequesta Offices 7 0 0 0 0 0 0 21 0 0 3 1 NR 0% Total Committed Developments 7 0 0 0 0 0 0 21 0 0 4 Total Committed Residential 0 0 0 0 0 0 0 0 0 0 0 0 Total Committed Non -Residential 7 0 0 0 0 0 0 21 0 0 4 Double Count Reduction 0 0 0 0 0 0 0 0 0 0 0 0 Total Discounted Committed 7 0 0 0 0 0 0 21 0 0 4 1 Historical Growth -2 0 -2 0 0 0 -1 -8 0 0 -22 -4 Comm Dev+1% Growth 10 0 2 0 0 0 1 31 0 0 30 6 Growth Volume Used 10 0 2 0 0 0 1 31 0 0 30 6 Total Volume 152 0 109 0 0 0 57 518 0 3 1318 243 Input Data E-W Street: County Line Rd COUNT DATE: 5/7/2018 Report Created N-S STREET: S US Highway 1 CURRENT YEAR: 2018 12/13/2018 TIME PERIOD: PM ANALYSIS YEAR: 2020 GROWTH RATE: -0.85% PSF: 1.03 SIGNAL ID: 1500 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume 253 0 115 4 0 0 135 1184 5 0 578 165 Diversions 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 261 0 118 4 0 0 139 1220 5 0 595 170 Committed Developments Type % Complete Love Street 0 0 1 0 0 0 1 3 0 0 4 0 NR 0% Tequesta Offices 2 0 0 0 0 0 0 5 0 0 22 7 NR 0% Total Committed Developments 2 0 1 0 0 0 1 8 0 0 26 7 Total Committed Residential 0 0 0 0 0 0 0 0 0 0 0 0 Total Committed Non -Residential 2 0 1 0 0 0 1 8 0 0 26 7 Double Count Reduction 0 0 0 0 0 0 0 0 0 0 0 0 Total Discounted Committed 2 0 1 0 0 0 1 8 0 0 26 7 Historical Growth -4 0 -2 0 0 0 -2 -21 0 0 -10 -3 Comm Dev+1% Growth 7 0 3 0 0 0 4 33 0 0 38 10 Growth Volume Used 7 0 3 0 0 0 4 33 0 0 38 10 Total Volume 268 0 121 4 0 0 143 1253 5 0 633 180 Approved 2019-A-496-00038 Brett Drouir I 10W& � I OW& A"%, A , C-3 Page 132 of 394 Agenda Item #8. Input Data E-W Street: Tequesta Dr COUNT DATE: 5/7/2018 Report Created N-S STREET: S US Highway 1 CURRENT YEAR: 2018 12/13/2018 TIME PERIOD: AM ANALYSIS YEAR: 2020 GROWTH RATE: -0.85% PSF: 1.03 SIGNAL ID: 2700 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume 55 10 142 29 9 1 55 646 11 17 1582 87 Diversions 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 57 10 146 30 9 1 57 665 11 18 1629 90 Committed Developments Type % Complete Love Street 0 0 0 0 0 0 0 0 0 0 1 0 NR 0% Tequesta Offices 7 0 0 0 0 0 0 21 0 0 3 1 NR 0% Total Committed Developments 7 0 0 0 0 0 0 21 0 0 4 Total Committed Residential 0 0 0 0 0 0 0 0 0 0 0 0 Total Committed Non -Residential 7 0 0 0 0 0 0 21 0 0 4 Double Count Reduction 0 0 0 0 0 0 0 0 0 0 0 0 Total Discounted Committed 7 0 0 0 0 0 0 21 0 0 4 1 Historical Growth -1 0 -2 -1 0 0 -1 -11 0 0 -28 -2 Comm Dev+1% Growth 8 0 3 1 0 0 1 34 0 0 37 3 Growth Volume Used 8 0 3 1 0 0 1 34 0 0 37 3 Total Volume 65 10 149 31 9 1 58 699 11 18 1666 93 Input Data E-W Street: Tequesta Dr COUNT DATE: 5/7/2018 Report Created N-S STREET: S US Highway 1 CURRENT YEAR: 2018 12/13/2018 TIME PERIOD: PM ANALYSIS YEAR: 2020 GROWTH RATE: -0.85% PSF: 1.03 SIGNAL ID: 2700 Intersection Volume Development Eastbound Westbound Northbound Southbound Left Thru Right Left Thru Right Left Thru Right Left Thru Right Existing Volume 146 31 100 118 52 31 120 1412 32 50 890 65 Diversions 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Peak Season Volume 150 32 103 122 54 32 124 1454 33 52 917 67 Committed Developments Type % Complete Love Street 0. 0 1 0 0 0 1 3 0 0 4 0 NR 0% Tequesta Offices 2 0 0 0 0 0 0 5 0 0 22 7 NR 0% Total Committed Developments 2 0 1 0 0 0 1 8 0 0 26 7 Total Committed Residential 0 0 0 0 0 0 0 0 0 0 0 0 Total Committed Non -Residential 2 0 1 0 0 0 1 8 0 0 26 7 Double Count Reduction 0 0 0 0 0 0 0 0 0 0 0 0 Total Discounted Committed 2 0 1 0 0 0 1 8 0 0 26 7 Historical Growth -3 -1 -2 -2 -1 -1 -2 -25 -1 -1 -16 -1 Comm Dev+1% Growth 5 1 3 2 1 1 3 37 1 1 44 8 Growth Volume Used 5 1 3 2 1 1 3 37 1 1 44 8 Total Volume 155 33 106 124 55 33 127 1491 34 53 961 1 75 C-4 Approved 2019-A-496-00038 Brett Drouir Page 133 of 394 Agenda Item #8. 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L t,._ L L L L L L L L,•, C� C� ICf CCf C� •Y � CQ [Q .V CQ Ctii .V (� •V CQ [� N C� N [� CCU ❑ ❑ © ❑ ❑ ❑ ❑ ❑ © ❑ C] C C C C C C C C C C C = C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C c m ro m c� ca m d i a a a a i a- i a a cL a a a. cL a- a(L Q Q 2 v, cn � cn crr 0 0) (3 0 0 Q] 0 0 0 0] CU �+ a A 7+ �, 7+ �, 7+ 7+ 7> >+ �. a �, A 7+ a a ?+ �, �. *. 7 c c c c n M 0 0 0 0) 0 v 0 0] 0 07 0 N N 0] (D4] O) (Dm 0) N .4I CT CT crCc T c r CT CT CT cr C C C C C C C C C C C C C C C C C C C C C C I F F 0 F (D(DFFFF❑FF°°FFFHFF© FD-vf`F F-F- F- CD o0Ca o C) ) v C) 0 v CD a C) a CD Ca CD 0 C3 u� o to u, to o v o a ca-C-ry O O CD CD C7 C7 O 0 C3 0 CV N N CV N N r T- r r r r r- r Zr LD 'tt -T 1•• 1• P- f` t` t.- t■- t-- C] CQ v CD a 0 O O Q) O a7 O p] LZ7 C37 O O G O O © C7 CV N N N CV N N N CV CV N to to Ln to tf7 u] Ict 44- It 14" qt 'T � U"s LO to 0 to u 1 vt f f C-5 CO oved �96-0003 Drouin 0 Page 134 of 394 Agenda Item #8. 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N cCl co M w b' a) r7 M cr) M cry Cv N M tv cr) c*1 o c0tit t`nv ai w In o CO w ti as C� w N ti M LO c I;rti n cy r N t-- N r C4 r- N O C] C7 r cn N r r r w v uw] a3 Ln r C3 CO C> C] C] C] 0 a C] CO a a C] Cl C7 C7 C] C] C] C] a C3 C) r C> r e- r � ti r c]� D�0 � CJ 0 a a 0 nw Q C3 � r(0 01 [� j LO 0 M u7 M 0 3-. w c'+'� Cy t-- tx7 N r r- r` r r .r- r- f` M r� LC) M Nr CD o) toN oD CO T- n Nr M CD CAI c37 N tad N r w Cd N Ci�i -etC'qC Lia w Lf] Mr- e� Cf5r- r r U-5 r. � r LO GO h co i� cl, t -- M a N C*4 v© Cl a LO r�) M V) tCO) co c i r N co s- o o cv o v T 0) CCD M M ate', CD r r r o V- a c0 w w in v o o w o n v U-) to N CIO N N tV w r r a a o a o a a o v o o v v v r- M r r n ,r- r m to Ln w LO v v v Cl Ca q° (0 n °° M � r W o M cn CV Y- t- r r w C� to M r N e-- ti-- r (ti! tr C7 r w n cD Ln LYJ (Q t` CO 00 Lf1 �L 7 LO tlQ r 0 r,- Q to M r � � U) � ce) n � are co-tr V M C) L(7 Q 47 CO 00 N� N � M � N N 01) M w [r} CA „~- t[7 OD M C] CV c"7 r e- C7D n LO 0 r r- CO to C] tO LO a N N r~ C7 V- (MN CQ M C0 M CA w t�i Ld 0 C) a C7 CJ N CDM M V- CN CAI r 0n co to co C:) -r,an C) Ct7 _ co,ram.. LC) w M r-- C 0 , e- M CD C> a r r C> LO tr MN r rr,. CO z C7 a 0 to C] N W ¢ ¢ a ¢ a ¢ a. ¢ a. a a ¢ a- a. ¢ a. ¢ ¢ a. ¢ CL Q a ¢ ¢ v 0 Cp v o 0 0 o 0 a 0 {n o LO o v w a v 0 v LO v o Lr7 0 o v Ln o cn LO v F J CO M v M o c;►� CO M c;� o v- a d; v v T- CO v �- o v C; a r- C� v a r v r LO a r� N r- c.� n ti r3 es� t� v c0 cfl u] [S] co [0 CO c0 ii7 cn to en W r- t-- r r r r t - r r �Q qJ Od [>v} r_ t-- r to In {r3 CY3 a} w oo r r CD o Ca o a C) o o a a n r` o C> v o a o t- r .,M- a o a a v v Q v o CO) Q N CQ ry cv cv N cv N N �v N a tv a N cv N N `1 o a v cv cy �� C> 0 v 1 r M M � ` 1. N N Cp Gd Cv CV Cyr � r ` t1E N(D CO_ N CV Cv L!) !n c+� cn _ d+ N e-� r N N Cv N ems- ram- 04 N a] 0) a] Ck] N N ~ 1 r 00 CO [[ 3 Ik (n r CV LV Q) Q3 r r- r r .�. Ln to L[7 � � r r M 0 � C�V � r r M Q) I- W W V. U) ZI a > (� {� 0] Q) i37 03 c1i a N c c fL � _= +� � +-• �.. � [� Ci3 (�f CQ C C C C C � � Q' r r r- _ > > > > p' >% >' 0 0 0 u] u3 rn co M 'm M a 0 m F, r ul C13 N M -0 VY� •T7�-s T� V V T� 0 y E ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ © ❑ ❑ `0 -0 "0 -0 0 00 C c a C C C C = c C c C C C C C C C C C C 0 fl O; J J ...! J J J J > j 7 7 7 7 J L 7 > > 0 0 0 > > U C3 U U U W E E E E E E E E E E E >% ?. .�. ?' E E E E E E E E E E E c c c c c c c c c 3 c M c c U U U U U U U U U U U U U U U U U U U U U U V U U U U U U U U U U -j rn r` n ti n r_ rl- w M cn co CD C> a o v N N N ¢ N CV N CV CN C\l N CN N CV Cv (0 (0 i0 to M CV N N t- r- r r r^ r r r t- r r r r e-^ r r CD C7 C7 Ca C] C] Q Cv N CV N N �V CN CN tN� N N cv N N N N N N cv ry r*a c� M r r t-- T-. r r LA LO LO Ln to n n w M m M M �_; CO V) C-6 oved :kG96-0003r Drouin ''Page 135 of 394 Agenda Item #8. A B C D E F G H I Input Data ROAD NAME: N US Highway 1 STATION: 1304 Report Created CURRENTYEAR: 2016 FROM: Tequesta Dr 12/13/2018 ANALYSIS YEAR: 2020 TO: Midpoint GROWTH RATE: 0.46% COUNT DATE: 1/25/2016 PSF: 1 Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Committed Developments Tequesta Offices Love Street Austrade Tequesta Office Building Beacon Point Total Committed Developments Total Committed Residential Total Committed Non -Residential Double Count Reduction Total Discounted Committed Developments Historical Growth Comm Dev+1 % Growth Growth Volume Used Total Volume Lanes LOS D Capacity Link Meets Test 1? LOS E Capacity Link Meets Test 2? Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Link Analysis AM PM 2-wav NB/EB SB/WB 2-wav NB/EB SB/WB 2119 669 1479 2357 1551 821 2119 669 1479 2357 1551 821 0 0 0 0 0 0 2119 1 669 1 1479 1 2357 1 1551 1 821 Type % Complete 32 28 4 35 6 29 NR 0% 1 0 1 7 3 4 NR 0% 25 22 3 34 6 29 NR 0% 6 1 5 8 5 2 Res 0% 64 51 13 84 20 64 6 1 5 8 5 2 58 50 8 76 15 62 2 0 1 2 1 1 62 51 12 82 19 63 39 12 27 43 28 15 148 78 72 178 82 96 148 78 72 178 82 96 2267 747 1551 2535 1633 917 6LD 4880 2940 2940 4880 2940 2940 YES YES YES YES YES YES 5150 2940 2940 5150 2940 2940 YES YES YES YES YES YES Input Data ROAD NAME: US Highway 1 STATION: 1304 CURRENTYEAR: 2016 FROM: Midpoint ANALYSIS YEAR: 2020 TO: County Rd GROWTH RATE: 0.46% COUNT DATE: 1/25/2016 PSF: 1 Committed Developments Tequesta Offices Love Street Austrade Tequesta Office Building Beacon Point Total Committed Developments Total Committed Residential Total Committed Non -Residential Double Count Reduction Total Discounted Committed Developments Historical Growth Comm Dev+1% Growth Growth Volume Used Total Volume Lanes LOS D Capacity Link Meets Test 1? LOS E Capacity Link Meets Test 2? Link Analysis AM PM 2-wav NB/EB SB/WB 2-wav NB/EB SB/WB 2119 669 1479 2357 1551 821 2119 669 1479 2357 1551 821 0 0 0 0 0 0 2119 1 669 1 1479 1 2357 1 1551 1 821 Report Created 12/13/2018 Type % Complete 21 3 18 23 19 4 NR 0% 1 0 1 7 3 4 NR 0% 14 2 12 19 15 3 NR 0% 0 0 0 0 0 0 Res 0% 36 5 31 49 37 11 0 0 0 0 0 0 36 5 31 49 37 11 0 0 0 0 0 0 36 5 31 49 37 11 39 12 27 43 28 15 122 32 91 145 100 44 122 32 91 145 100 44 2241 701 1570 2502 1651 865 6LD 4880 2940 2940 4880 2940 2940 YES YES YES YES YES YES 5150 2940 2940 5150 2940 2940 YES YES YES YES YES YES c-7 Approved 2019-A-496-00038 Brett Drou:- � Page 136 of 394 Agenda Item #8. ► Mk Driveway Analysis Approved 2019-A-496-00038 Brett Drou:- I w Page 137 of 394 Agenda Item #8. A B C D E F G H I Input Data ROAD NAME: N US Highway 1 STATION: 1304 Report Created CURRENTYEAR: 2016 FROM: Tequesta Dr 12/13/2018 ANALYSIS YEAR: 2020 TO: Midpoint GROWTH RATE: 0.46% COUNT DATE: 1/25/2016 PSF: 1 Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Committed Developments Tequesta Offices Love Street Austrade Tequesta Office Building Beacon Point Total Committed Developments Total Committed Residential Total Committed Non -Residential Double Count Reduction Total Discounted Committed Developments Historical Growth Comm Dev+1 % Growth Growth Volume Used Total Volume Lanes LOS D Capacity Link Meets Test 1? LOS E Capacity Link Meets Test 2? Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Link Analysis AM PM 2-wav NB/EB SB/WB 2-wav NB/EB SB/WB 2119 669 1479 2357 1551 821 2119 669 1479 2357 1551 821 0 0 0 0 0 0 2119 1 669 1 1479 1 2357 1 1551 1 821 Type % Complete 32 28 4 35 6 29 NR 0% 1 0 1 7 3 4 NR 0% 25 22 3 34 6 29 NR 0% 6 1 5 8 5 2 Res 0% 64 51 13 84 20 64 6 1 5 8 5 2 58 50 8 76 15 62 2 0 1 2 1 1 62 51 12 82 19 63 39 12 27 43 28 15 148 78 72 178 82 96 148 78 72 178 82 96 2267 747 1551 2535 1633 917 6LD 4880 2940 2940 4880 2940 2940 YES YES YES YES YES YES 5150 2940 2940 5150 2940 2940 YES YES YES YES YES YES Input Data ROAD NAME: US Highway 1 STATION: 1304 CURRENTYEAR: 2016 FROM: Midpoint ANALYSIS YEAR: 2020 TO: County Rd GROWTH RATE: 0.46% COUNT DATE: 1/25/2016 PSF: 1 Committed Developments Tequesta Offices Love Street Austrade Tequesta Office Building Beacon Point Total Committed Developments Total Committed Residential Total Committed Non -Residential Double Count Reduction Total Discounted Committed Developments Historical Growth Comm Dev+1% Growth Growth Volume Used Total Volume Lanes LOS D Capacity Link Meets Test 1? LOS E Capacity Link Meets Test 2? Link Analysis AM PM 2-wav NB/EB SB/WB 2-wav NB/EB SB/WB 2119 669 1479 2357 1551 821 2119 669 1479 2357 1551 821 0 0 0 0 0 0 2119 1 669 1 1479 1 2357 1 1551 1 821 Report Created 12/13/2018 Type % Complete 21 3 18 23 19 4 NR 0% 1 0 1 7 3 4 NR 0% 14 2 12 19 15 3 NR 0% 0 0 0 0 0 0 Res 0% 36 5 31 49 37 11 0 0 0 0 0 0 36 5 31 49 37 11 0 0 0 0 0 0 36 5 31 49 37 11 39 12 27 43 28 15 122 32 91 145 100 44 122 32 91 145 100 44 2241 701 1570 2502 1651 865 6LD 4880 2940 2940 4880 2940 2940 YES YES YES YES YES YES 5150 2940 2940 5150 2940 2940 YES YES YES YES YES YES D-1 Approved 2019-A-496-00038 Brett Drou:- � Page 138 of 394 Agenda Item #8.. .. . . -.. General Information Site Information Analyst James Kemp Intersection US 1 & Driveway 1 Agency/Co. O'Rourke Engineering Jurisdiction Palm Beach County Date Performed 12/17/2018 East/West Street Driveway 1 Analysis Year 2020 North/South Street US 1 Time Analyzed AM Peak Hour I Peak Hour Factor 0.92 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Reserves at Tecluesta Lanes .� 4 1 .l. 4 1 l U Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Movement U L T R U Priority 10 11 12 Number of Lanes 0 0 1 Configuration R Volume (veh/h) 13 Percent Heavy Vehicles (%) 3 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No Median Type I Storage Left Only Critical and Follow-up Headways Base Critical Headway (sec) 7.1 Critical Headway (sec) 7.16 Base Follow -Up Headway (sec) 3.9 Follow -Up Headway (sec) 3.93 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 14 Capacity, c (veh/h) 257 v/c Ratio 0.06 95% Queue Length, Q95 (veh) 0.2 Control Delay (s/veh) 19.8 Level of Service (LOS) C Approach Delay (s/veh) 19.8 Approach LOS C Westbound L T R U 7 8 9 1U 0 1 0 0 1 0 Northbound L T 1 2 R 3 U 4U Southbound L T 4 5 R 6 0 2 1 0 1 3 0 T R L T TR 701 0 0 0 1570 6 3 3 No 1 5.3 5.36 3.1 3.13 0 506 0.00 3 0.0 12.1 B. Copyright © 2019 University of Florida. All Rights Reserved. HCS�M TWSC Version 7.7 US-1 & Driveway 1 - AM Peak Hour.xtw D-2 Generated: 3/13/2019 2-59:31 PM ?P 4 age 1 39 0f 39 Agenda Item #8.. .. . . -.. General Information Site Information Analyst James Kemp Intersection US 1 & Driveway 1 Agency/Co. O'Rourke Engineering Jurisdiction Palm Beach County Date Performed 12/17/2018 East/West Street Driveway 1 Analysis Year 2020 North/South Street US 1 Time Analyzed PM Peak Hour Peak Hour Factor 0.92 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Reserves at Tecluesta Lanes .� 4 1 .l. 4 1 l U Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Movement U L T R U Priority 10 11 12 Number of Lanes 0 0 1 Configuration R Westbound Northbound Southbound L T R U L T R U L T R 7 8 9 1U 1 2 3 4U 4 5 6 0 0 0 0 0 2 1 0 1 3 0 T R L T TR Volume (veh/h) 7 1651 0 0 0 865 29 Percent Heavy Vehicles (%) 3 1 1 3 3 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No Median Type I Storage Left Only 1 Critical and Follow-up Headways Base Critical Headway (sec) 7.1 5.3 Critical Headway (sec) 7.16 5.36 Base Follow -Up Headway (sec) 3.9 3.1 Follow -Up Headway (sec) 3.93 3.13 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 8 0 Capacity, c (veh/h) 449 157 v/c Ratio 0.02 0.00 95% Queue Length, Q95 (veh) 0.1 0.0 Control Delay (s/veh) 13.2 27.9 Level of Service (LOS) B D Approach Delay (s/veh) 13.2 Approach LOS B Copyright © 2019 University of Florida. All Rights Reserved. HCS�M TWSC Version 7.7 Generated: 3/13/2019 3:00:05 PM US-1 & Driveway 1- PM Peak Hour.xtw i v8/LL Lw i� U i I � / A A . .•. ?P 14 f 4 age 0 0 39 D-3 Agenda #8.. HCS7 Two -Way Stop-ControlRepc General Information Site Information Analyst James Kemp Intersection US 1 & Driveway 2 Agency/Co. O'Rourke Engineering Jurisdiction Palm Beach County Date Performed 12/17/2018 East/West Street Driveway 2 Analysis Year 2020 North/South Street US 1 Time Analyzed AM Peak Hour I Peak Hour Factor 0.92 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Reserves at Tecluesta Lanes Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Movement U L T R Priority 10 11 12 Westbound U L T R Northbound U L T R 1 U 1 2 3 Southbound U L T R 7 8 9 4U 4 5 6 Number of Lanes 0 0 1 0 0 0 0 0 2 1 0 0 3 0 Configuration R T R T Volume (veh/h) Percent Heavy Vehicles (%) 19 701 0 1570 3 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No Median Type I Storage Left Only 1 Critical and Follow-up Headways Base Critical Headway (sec) 7.1 Critical Headway (sec) 7.16 Base Follow -Up Headway (sec) 3.9 Follow -Up Headway (sec) 3.93 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 21 Capacity, c (veh/h) 258 v/c Ratio 0.08 95% Queue Length, Q95 (veh) 0.3 Control Delay (s/veh) 20.2 Level of Service (LOS) C Approach Delay (s/veh) 20.2 It ki I%.J v� i Approach LOS C Copyright © 2018 University of Florida. All Rights Reserved. HCS�M TWSC Version 7.7 Generated: 12/24/2018 12:19:05 PM US-1 & Driveway 2 - AM Peak Hour.xtw v v �t. L..# I v %A i I � / A A . .•% 8/?Pa 141 f 4 ge o 39 D-4 Agenda #8.. HCS7 Two -Way Stop-ControlRepc General Information Site Information Analyst James Kemp Intersection US 1 & Driveway 2 Agency/Co. O'Rourke Engineering Jurisdiction Palm Beach County Date Performed 12/17/2018 East/West Street Driveway 2 Analysis Year 2020 North/South Street US 1 Time Analyzed PM Peak Hour Peak Hour Factor 0.92 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Reserves at Tecluesta Lanes Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Movement U L T R Priority 10 11 12 Westbound U L T R Northbound U L T R 1 U 1 2 3 Southbound U L T R 7 8 9 4U 4 5 6 Number of Lanes 0 0 1 0 0 0 0 0 2 1 0 0 3 0 Configuration R T R T Volume (veh/h) Percent Heavy Vehicles (%) 8 1651 0 865 3 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No Median Type I Storage Left Only 1 Critical and Follow-up Headways Base Critical Headway (sec) 7.1 Critical Headway (sec) 7.16 Base Follow -Up Headway (sec) 3.9 Follow -Up Headway (sec) 3.93 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 9 Capacity, c (veh/h) 460 v/c Ratio 0.02 95% Queue Length, Q95 (veh) 0.1 Control Delay (s/veh) 13.0 Level of Service (LOS) B Approach Delay (s/veh) 13.0 ki %.,v i Approach LOS B Copyright © 2018 University of Florida. All Rights Reserved. HCS�M TWSC Version 7.7 Generated: 12/24/2018 12:19:38 PM US-1 & Driveway 2 - PM Peak Hour.xtw v v �t. L..# I v %A i I � / A A . .•% 8/?Pa 142 f 4 ge o 39 D-5 Agenda Item #8. Standards for County Roads shown on the Thoroughfare Right -of -Way Identification Map," available from the Traffic Division. b. Mid -Block lots 1. Along local streets, driveways serving abutting lots shall be located such that flares or returns are separated by at least 5 feet and within the property frontage unless otherwise approved by the County Engineer. 2. Along local collector street, driveways shall be located such that the near edge of the driveway pavement is at least 15 feet from the shared property line. Flares or returns for the proposed driveways shall be separated from the flares or returns for existing driveways on abutting lots by at least 10 feet. 3. Along major collector and arterial streets, driveways shall be located in accordance with applicable requirements of "Access Management Standards for County Roads Shown on the Thoroughfare Right -of -Way Identification Map," available from the Traffic Division. 4. Driveways serving shopping centers shall be well spaced, and the number of driveways shall be the minimum number practical to serve the site. 4. Driveway Construction Except for those driveways serving individual single family or duplex residential lots, each driveway shall be classified as one of the following types and constructed in accordance with the following requirements. Where it is deemed necessary by the County Engineer for traffic safety and operational reasons, the applicable requirements may be increased or decreased as a result of site specific conditions. The construction of physical barriers, such as medians, may be required by the County Engineer on adjacent streets after the County Engineer's review of the specific site access proposal. a. Minor Driveway A minor driveway is one that serves an average daily traffic volume of no more than 500 vehicles (trips). The minimum distance from the street right-of-way at any driveway to any interior service drive or parking space shall be 25 feet, measured on a line perpendicular to the street right-of-way or, when appropriate, along the vehicle path. Minor driveways shall provide minimum single lane widths of 12 feet and provide minimum pavement return radii of 20 feet. In cases when minor driveway connections are to be made to curbed streets the connection may be constructed using drop curb instead of radial returns. Minor driveways may have left and right turn lanes and/or median modifications as required by the County Engine, 2019-A-A96-00038 Bre,," _- ->>uin !A iA .. I 8 p-6 & Page 143 of 394 Agenda Item #8. b. Intermediate Driveway An intermediate driveway is one that serves an average daily traffic volume greater than 500 vehicles but not more than 21000 vehicles (trips). The minimum distance from the street right-of-way at any driveway to any interior service drive or parking space shall be 50 feet, measured on a line perpendicular to the street right-of-way or, when appropriate, along the vehicle path. Intermediate driveways shall provide minimum ingress lanes 12 feet wide and egress lanes 12 feet wide. Where left and right turn egress is allowed, dual egress lanes may be provided and marked appropriately for use as left and right turn lanes. Intermediate driveways shall provide minimum pavement return radii of 30 feet. Intermediate driveways may have left and right turn lanes and/or median modifications as required by the County Engineer. c. Major Driveway A major driveway is one that serves an average daily traffic volume in excess of 2,000 vehicles (trips). The minimum distance from the street right-of-way at any driveway to any interior service drive or parking space shall be 100 feet, measured on a line perpendicular to the street right-of-way or, when appropriate, along the vehicle path. Major driveways shall provide minimum ingress lanes of 14 feet wide and egress lanes 12 feet wide. Where left and right turn egress is allowed, dual egress lanes shall be provided and marked appropriately for use as left and right turn lanes. Intermediate driveways shall provide minimum pavement return radii of 40 feet. Major driveways shall have left and right turn lanes and/or median modification as required by the County Engineer. 5. Turn Lane Requirements for Driveways a. Left Turn Lanes A 12 foot wide left turn lane with appropriate storage and transitions shall be provided at each driveway where inbound peak hour left turning traffic is 30 vehicles or more. This requirement may be waived when the speed and volume of the opposing traffic is not sufficient to require a left turn lane, as determined by the County Engineer. Alternately, the County Engineer may require a left turn lane in cases with less than 30 left turn vehicles in the peak hour where the mix of vehicles, speeds and/or volumes on the street create a safety hazard. b. Right Turn Lanes A 12 foot wide right turn lane with appropriate storage and transition shall be provided at each driveway where the street average daily traffic volumes exceed 10,000 vehicles per day and driveway volume exceeds 1,000 trips per day or 75 right turns inbound in the peak hour. Alternately, the County Engineer may require a right turn lane in cases with less than 75 left turn vehicles in the peak hour where the mix of vehicles, speeds and/or volumes on the street create a safety hazard. Approved 2019-A-496-00038 Brett Qry u i n 1 0-%, � 1 0-%, ON,& A 0-,& p_7 $, page 144 of 394 H ~ J z H w D Cw - w �w 0 U > r H H m COV. LL >- LL o 0c\j H z II C/) H CM -J W H J w m COV. LL Co zLLLu r CD H z II � H 0 CL J w Q H J w m M z c0 w o w W CM 0 � O w N m O 0-1 2 � �� N + X N �6'0 J ' � J N II + D<� \ U <D O w U J + w m z w w U z O Q w U U) = LLu 9 �� U) 2 40 III I m � � I COV . z J o IV U � Ln O Y Z 147.47' � 9 CHAINLINK FENCE AT EAST EDGE OF WALL IN DISREPAIR N U � cn � H = o � w o�� z J z J r H N Q J O Q �z LLzm J O Q O O N X TEQUESTA HILLS CONDOMINIUM Agenda Item #8. 1 .......... 11111��I�Ip1�1111�91M1�11� CFN 20040415143 OR BIB 17268 PG 1234 RECORDED 07I19/2004 08:53:03 Palm Beach County, Florida Prepared By: ANT $, 500, 000. 00 Donald M. Allison, Esquire Doc Stamp 59,500.00 Gillespie & Allison, P.A. 15 South Federal Highway Dorothy H Yilken, Clerk of Court 0-4 ' to 306 Raton, Fl 33432 10 Q elIDNumber: 60-43-40-30-00-001-0170 & 0120 0 ■ tee # 1 TIN; = Grantee #2 T1N: err eed This Indenture, his 13 th day of July , 2004 A.D., Between The Vary Gr , td., a Florida limited partnership of the County of Palm ach State of Florida , grantor, and Royal Tequesta, L a Florida limited liability company whose address is: 105 Fou ad, c 1 o Louis J . Capano & Sons Wilmingt 19803 of the County of New Cas tl State of Delaware grantee. W1tnesseth that the GRANTOR, for ideration/yof thhe�surn of /� n.r w w w w rr- w w w w w w w w w w w.� w�. �r�. w ]DOLLARS D iLL ���i ($ 10) -w'w'w w w w w w w��w wrw�ww � w4 �� w� w DOLLARS, O ] RS X1 �i�F */ TT i �I 1JVLLel11\L..17 and other good and valuable considerati 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 11 West of State Road #4 (also known as Late 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: 0 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 K . 0 degrees 1611011 E., along the Westerly line o d Government 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 1611011 E, along the Westerly line of said Gover Lot 1, a distance of 147.47 feet; thence S. 89 degrees 24130" E. a distance of 620.98 feet; thence N . 0 degrees 3011011 E . , a di a of 3.49 feet; thence S. 89 degrees 29'50" E., a distance of 81. eet to a point in the ", (Continued on Attach and the grantor does hereby fully warrant the title to said land, and will defend the In Witness 'Whereof, the grantor has hereunto set its hand and seal the day and Signed, sealed and delivered in our presence: By: rimed Nam,: PATRICIA Rr WAMIS Witness eiPr am e : 0 4 A 4--t Swb@J �68 The Vara 1 imi ted lawful claims of all persons whomsoever. written. ., a Florida T . D:ticr'V` a "norPat er P.Q. Address: 4521 PGA Boulevard, Suits 308 Palm Beach Gardens, FL 33418 (Seal) STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 13 th day of July , 2004 by T. Dominic Vara, General Partner on behalf of The Nara Group, Ltd,, a Limited Florida Partnership he is personally known to me or he has produced his Florida driver a 1 icense as ' tification. pp A roved . . y - Of PAftPanted Name: PATR .p,��� �- _q_496-00038 lCam�ton�ocl��iM Notary Public ��nt My Commission Expires. brett Drouin 9510—A Laser ated by G Display Systems, lno., 2Do3 [9d3)b3-5555 FDrm FLWD-i & Page 146 of 394 Book172681Page1234 Page 1 of 2 Agenda Item #8. Warranty Deed- ps`e z Parcel ID Dumber: f 0-43-40-30-00-001-0170 & 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 center said State Road No. 5; thence S. 15 degrees 50'20" B., along a ' d erly right of way lima, a distance of 157.14 feat; thence N . green 2915011 N . , 748.35 feat to the Point of Beginning of the he e " described parcel of land. Lases C 4rated by O Dijplay Systems,1m,, 2003 (M3) 7G3-3555 Farm FLWD-1 Approved 2019-A-496-00038 Brett Drouir Page 147 of 394 Book172681Page1235 Page 2 of 2 Agenda Item #8. 1 .......... 11111��I�Ip1�1111�91M1�11� CFN 20040415143 OR BIB 17268 PG 1234 RECORDED 07I19/2004 08:53:03 Palm Beach County, Florida Prepared By: ANT $, 500, 000. 00 Donald M. Allison, Esquire Doc Stamp 59,500.00 Gillespie & Allison, P.A. 15 South Federal Highway Dorothy H Yilken, Clerk of Court 0-4 ' to 306 Raton, Fl 33432 10 Q elIDNumber: 60-43-40-30-00-001-0170 & 0120 0 ■ tee # 1 TIN; = Grantee #2 T1N: err eed This Indenture, his 13 th day of July , 2004 A.D., Between The Vary Gr , td., a Florida limited partnership of the County of Palm ach State of Florida , grantor, and Royal Tequesta, L a Florida limited liability company whose address is: 105 Fou ad, c 1 o Louis J . Capano & Sons Wilmingt 19803 of the County of New Cas tl State of Delaware grantee. W1tnesseth that the GRANTOR, for ideration/yof thhe�surn of /� n.r w w w w rr- w w w w w w w w w w w.� w�. �r�. w ]DOLLARS D iLL ���i ($ 10) -w'w'w w w w w w w��w wrw�ww � w4 �� w� w DOLLARS, O ] RS X1 �i�F */ TT i �I 1JVLLel11\L..17 and other good and valuable considerati 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 11 West of State Road #4 (also known as Late 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: 0 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 K . 0 degrees 1611011 E., along the Westerly line o d Government 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 1611011 E, along the Westerly line of said Gover Lot 1, a distance of 147.47 feet; thence S. 89 degrees 24130" E. a distance of 620.98 feet; thence N . 0 degrees 3011011 E . , a di a of 3.49 feet; thence S. 89 degrees 29'50" E., a distance of 81. eet to a point in the ", (Continued on Attach and the grantor does hereby fully warrant the title to said land, and will defend the In Witness 'Whereof, the grantor has hereunto set its hand and seal the day and Signed, sealed and delivered in our presence: By: rimed Nam,: PATRICIA Rr WAMIS Witness eiPr am e : 0 4 A 4--t Swb@J �68 The Vara 1 imi ted lawful claims of all persons whomsoever. written. ., a Florida T . D:ticr'V` a "norPat er P.Q. Address: 4521 PGA Boulevard, Suits 308 Palm Beach Gardens, FL 33418 (Seal) STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 13 th day of July , 2004 by T. Dominic Vara, General Partner on behalf of The Nara Group, Ltd,, a Limited Florida Partnership he is personally known to me or he has produced his Florida driver a 1 icense as ' tification. pp A roved . . y - Of PAftPanted Name: PATR .p,��� �- _q_496-00038 lCam�ton�ocl��iM Notary Public ��nt My Commission Expires. brett Drouin 9510—A Laser ated by G Display Systems, lno., 2Do3 [9d3)b3-5555 FDrm FLWD-i & Page 148 of 394 Book172681Page1234 Page 1 of 2 Agenda Item #8. Warranty Deed- ps`e z Parcel ID Dumber: f 0-43-40-30-00-001-0170 & 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 center said State Road No. 5; thence S. 15 degrees 50'20" B., along a ' d erly right of way lima, a distance of 157.14 feat; thence N . green 2915011 N . , 748.35 feat to the Point of Beginning of the he e " described parcel of land. Lases C 4rated by O Dijplay Systems,1m,, 2003 (M3) 7G3-3555 Farm FLWD-1 Approved 2019-A-496-00038 Brett Drouir Page 149 of 394 Book172681Page1235 Page 2 of 2 1 - �1 Lr) ll� Ll e� f d OC) 1 1 l.E F 1 LO w LL � o J O z O w == 0 o w O Z U Z x W Q a_ O W O c 7 Q= w 0= O O z Q Q x z ~ O W < m W w H W W = N z z x O EL m W x 0 u W z U _ J w U) W W> Z x _LLJ = Q o u)O O W W W m 0 m z x w w x cn- Q Wz O z ww0 w= z o J w Q = 0 Q O= mu zw cnw US ==cu CD z 0 = w z w W z w Q x m z w O O z� U-)0 m x Q � Q �o a uu w = J= w o = 00 = u= o J = W W ,U Q = WL�< Z cn Y Z w = u ww =c =__ =m J=� 0LLJ =0 = z0 w w w= U o OZ w W Y z w IW Q Z W N Q Z Z W W =_> r= Cn O v ZWcn O m �w LLI w0 ��Q w > O x w > m m = Z z Q O Lw z = x W W O m W Z W Z O = Z= Q w J Q O m 0= 0 0 Z = 0= = z m= N Q J o cn z F:::Q w w 0 O cn � Q z z a_ W z w O m O U,O x= Q Q Zw Qz OZ =OCR ZZv7 w �x0 �0Dm w� 0zm LLJ �>w � O n w w = Z W > z Q Z w w x J\c ow w wQo >ww O z N N 4 L6 C6 °� LEl LI w O z w w O LiQ`Z A O Ln O U) �� O � ,0 - M m w Z d z = U CO L� x > = w O \ n O _ _n I O El ❑ GLLJrn m0 = = zw _ _ wU w � Q O X t X W w w -� M O -- N O z z rL _S �� QLLJ w~ <m w Q w w W O w cn W W Z ♦ w_ O Q W of --, 9 G -� O LLJ U W W u w Z _ O W W N ❑ �Z O ❑ O Z �O Q y I L o CO CD W N > _ u N ❑ � LLJ 0 = w Q } ❑ -1 G w > u- N Z U > a� O J U� n ❑ �Z ❑ G wO> �C-1z ❑ C II t - =-El❑ O O � � 4 ❑ O El o ❑ =LLJ El El Elo Zu,�w J G wun> ��Q NZ El J w O > w 0 y QQ w = w z O O � O ❑ oo -- wEl < mLw mm - w Qx ❑ 4 LLI ROL LC O ❑ N Q o L, r rUc- L u w c w� o w co J CD - zw O M O CO w p n O CO ❑ G w�n> L- h11 Q li [V Z w �Q ~ w Q W LLJW � W ❑ O � W �- L p - ❑ w � O < ti N Z ❑ C ❑ J G w O > V- Q ❑ ❑ z O LL: N Z J N r"� U) m LLD O m W w� m w O El u ❑ cL 0 w O > El �riZ ❑ .; m(/ O N D- w J t G w O > El El LL:L ` < N Z ❑ ❑ ❑ ❑ ❑ ❑ J J @ N o�z ElN W W ® O a �o �� . - ❑ 03 cnm, CD \ z= LU o z '� N m � ss z 0�92 W li <- Z �� - 0 cd O � s� g. � r7 O 8Z X LO a cD �O. 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\ « sc_z \©^ z2 »«c- »«sz 2\/ /^\ \c2c d/\\ \LLj �/\\«©z\\\ \\\ »y\\ Agenda Item #8. SPECIAL. PRO VISIONSICONDITIOR'S ROA0 WA T ACCESS PERMITS A TTACHMENT "A" Permittee will provide the necessary densities in accordance with the Permittee shall coordinate all work Department's current edition of the Standard S ecifications far Road � with Fahio Alvarez of Ferravial services p Bridge Construction prior to final @ 954-419-8954 or email: acceptance by the Department. f a bio. a Iva rez@fe rrovialsery i ces.com It is the Permittee's responsibility to obtain final acceptance of permitted work (completed) and the restoration of the Right of Way from the Department prior to usage. All maintenance of traffic (MOT) will be in accordance with the Department's current edition of the Standard Plans (102-600 series). The operations Engineer or his designee reserves the right to direct the removaVrelocation modification of any traffic device(s) at the Permittee's sole expense. Restricted hours of operation will be from 9:00 am to 3:30 pm, (Monday thru Friday), unless otherwise approved by the Operations Engineer, or designee. Permittee will restore the Right of Way as a minimum, to its original condition or better in accordance w/FDOT's Standard Specifications for Road & Bridge Construction or as directed by the Resident Operations Engineer. Permittee shall use the current editions of the Department's Standard Plans/ Specifications for Road and Bridge Construction and applicable manuals, policies and procedures. PERMITTEE: PLEASE NOTE: Permittee's contractors that are performing permitted work activities shall provide the Department (Permits Office) proof of a proper state contractor's license and certificate of liability insurance prior to any commencement of permitted work. Permittee will provide the Department with certified ma"As-Built" plans prior to final acceptance of the perm ifted work. SEE ATTACHMENT C Sodded areas Will be i Standard plans. �� n accordance with �3 of thy, 10 and Sections 1 S (latest editDepa�e�s Standard, 570- 98 1 ions). All disturbed Spe at ons } witbin one (1) week of i work. n?reas will be stallation sodded of said permitted Permittee will provide the necessary densities in accordance wiSection 125.8 of the Standard Specifications for Road & Bridge Construction, edition(latest ) prior to final acceptance by the Department Permittee shall provide the Producers Certification (Delivery Ticket) for the NS Concrete-2500 PSI (used for Sidewalk, Curti & Guar Ditch Pavement and Traffic Separator) prior to final acceptance Department The delivery ticket shall certify the the concrete was batched, delivered and Placed in accordance with Section 347 of the DOParhneWs Standard Specifications for Road and Bridge Construction (current edition). ) During the rernovallinstallation of any curb and gutter section, the Permittee will be responsible for any damage done to the abutting asphalt. The damaged asphalt repair will be in accordance with the current specifications andlor as directed by the Resident Operations Engineer. Permittee shall mill (min depth of 1 5/8") & resurface the affected lanes as directed. The _replaced pavermervt type shall be in accordance with the Department's friction course policy, latest edition, except where permission is given by the Local Resident Operations Engineer. Permittee shall obtain FDOT temporary access connection permit prior to commencing permitted activities. Approved 2019-A-496-00038 Brett Drouin Page 158 of 394 Agenda Item #8. ATTACHMENT "C' 0 Date: July 5, 2017 To: Applicants/Permittees From: Brett arouin! Permits Manager CC: Eduardo Caballero, P.E., Resident Operations Engineer Subject: Lane Closure Information System (LCIS) All lane closures, mobile operations and traffic pacing operations shall be entered into the lane Closure Information System ([CIS) (htt,ps.allicis.dot.state-fl-us) by the respective contractor or permittee. Each request will be reviewed by the appropriate Department personnel for compliance with contract or permit requirements and coordination with adjacent projects or work activities. The lane closure request shall be submitted to the Department a minimum of 2 weeks prior to the proposed closure date and must be approved by the Department before work requiring the closure may begin within the FDOT Right of Way. Approved 2019-A-496-00038 Brett Drouin Page 159 of 394 12/22/20 Agenua Item #8. Phone Number: 4073405328 MOT - One Stop Permitting Company/Position: Not Available / Not Available Provider: Additional FDOT Engineer / 48-Hour Contact: FDOT—NETWORK Permit # 2019-A-496-0003 8 Expiration Date History Permit Expiration Date: View History 8/25/2021 Time Extension Requests Instructions to Applicant: You may use this section to request a time extension during a Request for Information, during a Notice of Intent to Issue Permit, and after the permit is Approved. When requesting a time extension, enter data in the first two fields, then select the "Time Extension Requested" button at the bottom of the page. The substatus will change to "Time Extension Requested" and then FDOT will be notified of the request. You may select "Download Time Extension Request" to create and save the time extension form 850-040-22 to your computer. When you select "Time Extension Requested", you may upload and attach this form with the request. Requested Extension Date: * View History Part 2: Explanation of Time Extension Need: View History htt P P s://os .fdot. gov/#/Process/434c3dO3-f463-4ffb-9648-aa3b00c4l4df Page 160 of 4 4 Agenda Item #8. V1 T,NGE OF TEQUESTA Department of Community Development 345 1'equesta Drive 3_ Tequesta, Florida 3 469 i Ph: 561-768-4451 / Fax: 561-768-0698 wurur f cques ta. irg APPLICATION FOR SITE PLAN REVIEW DRC o PLANNING &ZONING BOARD � Meeting Date: VILLAGE COUNCIL � Meeting Date: INSTRUCTIONS TO APPLICANTS: r------------------------� : DEPARTMENTAL USE ONLY Ck. # ' Fee Paid: ' r Intake Date: ' r r ' r PROJECT #: r ' r ' r � r � L----------- 1. Please complete all sections of this application. If not applicable, indicate with N/A. 2. Provide all required documents as shown on the attached checklist. If not applicable, indicate with NSA. All construction, additions, and/or alterations within the Village, except in districts R-1A and R-I, must be reviewed by the Planning & Zoning Board. The Planning & Zoning Board meets the third Thursday of every month at 5:30 p.m., as needed in the Village Hall Council Chambers, 345 Tequesta Drive. The applicant will be informed by letter of their scheduled meeting date. The Planning and Zoning Board shall have general authority as outlined in Sec. 22.53. After review and recommendation by the Planning & Zoning Board, applications will be heard by the Village Council for final approval. The Village Council meets regularly on the second Thursday of every month at 6:00p. m., in the Village Hall Council Chambers. 1 I. PROJECT DESCRIPTION &OWNER/AGENT INFORMATION I PROJECT NAME: The Reserve @,Tequesta PROJECT ADDRESS: 734 N. US Highway 1, Tequesta, FL , 746 US Highway 1, Tequesta, FL DESCRIPTION OF PROJECT: Modification to an approved site plan to depict fee simple lot lines for a 69 unit development Property Control Number (PCN), list additional on a separate sheet: See attached Estimated project cost: Property Owner(s) of Record: Royal Tequesta, LLC - Stephen Cohen Address: 105 Foulk Road, Wilmington, DE 19803 Phone No.: 561-789-5558 Fax No.: E-mail Address: scohen@capanoinc.com Applicant/Agent (if other than owner complete consent section on page 3): Name: Gentile Clas Holloway O'Mahoney & Associates, Inc. - Troy Holloway, PLAI Alec Dickerson Address: 1907 Commerce Lane, Suite 101, Jupiter, FL 33458 Phone No.: 561-575-9557 Fax No.: 561-575-5260 E-mail Address: troy@2gho.com/alec@2gho-com 1 Page 161 of 394 Agenda Item #8. A) ZONING DESIGNATION R2 C) Existing Use(s) Vacant D) Proposed Uses), as applicable Multifamily Residential II. LAND USE &ZONING B) FUTURE LAND USE DESIGNATION Medium Density Resident! III. ADJACENT PROPERTIES --------------------- NORTH SOUTH _ww wwwwwwwwwwww wwwww EAST _---------- WEST---------ITequesta Name of Business/ Subdivision -_p__--------------- Casa Del Sol Land Use Designation Residential Med D Zoning Des_ign.__a..-t_ion —.. Existing Use(s) Approved Use(s) R-2 C-2 .......................................... Residential ------- Commercial -Plaza Residential commercial development _ p Residential - - - CountylinePlaza- wwwww�wwwwwrwww_-__-__�w__-_-w-wwrrr Commercial ^- �Wy Intracoastal Place -'ww wwsnw� HR-'I2 (PBC) _ HR-'12 PBC i ) _ cw-rwrri.�rr� RH (PBC --l-lryl---w-w-wwll-w--w---www-llwwa!!! Residential condos , Hills_____-__-- _ RHiPBC} 4 Residential-------..--------- Residential^- e IV. APPLICANT'S STATEMENT OF JUSTIFICATION Provide a statement of use from the applicant that the submitted site plan is consistent With the goals, objectives, and all other provisions of the village comprehensive development plan, and further that the projected use is specifically authorized by development ordinances and regulations. The statement shall include, but not be limited to, specific references to those sections of the comprehensive plan relating to the proposed development. Attach additional sheets if necessary. See accompanying justification statement Page 162 of 394 Agenda Item #81M V. owNER, MVUCAIIIT ENT AND CONSENT Coment stater nent (to be eomplead N earner Is using an agent) Vwe,p the owners, hereby give consent to Gorge Qlea Holloway O'Mahoney & Associate, Im to act on my/our behalf to submit this application, all rewired material and documents, and attend and represent mews at all meetings and public hearings pertaining to the application and property Vwe own described in the application, By signing this document, I/we affirm that I/we understand and will comply with the provisions and regulations of the Village of Tequeft Florida Code of Ordinances. a further certify that all of the information contained in this application and all the documentation submitted is true to the best of my/our knowledge. Royal Tequs" LLC -Stephen Cohen M. Troy Holloway, PLA Owners Name (Ple�ase Phi Applicant/Agent's N � e (please print) Owner s Signature Applicant/Agent �' S�!!gjn ;ure 5620 Daft Date Via APPUCA`NoN FEES (1) Afin.ftr-8a i lemon - ff ff w aavy, A pre-applicatJon submittal meeting shall be held with the owner and/or applicant and his/her design team and the conuntinity development director and hWher development staff. A $.,00 fee applke. (2) Review by the Devekwment Review Committee (Mq. The Community Development Director or designee shall submit such application fur departmental stiff and consultant review within 30 days of receipt of a completed applicadon. a $a4oO. flee OPPUM (3) Resew by #fie naso Zbning rr+d. The Communes Development Director or designee shall submit such application for Planning and Zoning Board reWew within 45 days of receipt of a completed applicatlon. EE.E; a $300.00 fee [final aMoval) QR a $Soot fee (recommendation to Wiloge c'oard) applies (4) &Wow by Vlftge . Within 45 days of review by the Planning and Zoning Board, the Community Development Director or designee shall then submit such application, Including the recommendations of the Planning and Zoning Board, for Village Council review. F a $3MM fee plus an additional fee based an the estimeted cost of work applies, To cancer ell addglonal adm1nktr2tive ems, actual or antkipat4 Inckrdin& but not Ilmftd to, w gieawing fens, consultant fees and special studies, the applicant shall compenme the vile fvr all such stets prior to the proeessiog of the applMon or not later than 30 days after final applkation apprml whichever is determined as approprIon by the village. Failure to make such payment may be grounds for not lssulng a building or zon1% perruk carofk:M of occupancy or completion. moats associated with advertising for public hearings and adw public notke requirements are the responsibility of the applicant. The fee shall be paid prior to suca hwuled for a public hearing requiring notice. owne I Signature to Aclmowledge 3 Page 163 of 394 Agenda Item #8. VII. APPLICATION SUBMITTAL REQUIREMENTS AND REVIEW PROCESS The applicant will submit to the Village of Tequesta Department of Community Development the following documents for review by the Development Review Committee (DRC), forty-five business (45) days prior to the meeting date: 1) Seven (7) 11x17 sets and Three (3) fuH size sets of professionally prepared site plans showing all existing and proposed structures, setbacks, parking and loading layout, ingress and egress, sidewalks and walkways, exterior lighting layout, dimensions of street frontages, property lines and all signage. 2) fourteen (14) IIx17 sets and Two (2) fufl size sets of Landscaping Plans in accordance with Village of Tequesta Code of Ordinances, Division IV, Landscaping. 3) Fourteen (14) 11x17 sets of multi -dimensional color renderings andlor photographs are to be provided. The Planning & Zoning Board requires an enact rendering of the proposed modification, construction or addition. Color photographs or prints as close to the actual colors to be used must be supplied. Since color printers often do not display the correct color, it is recommended that samples of the paint chips, as well as a sample of the support materials (i.e., canvas, wood, metal, etc.) be provided. 4) One (I) CD disk with PDF files including the completed application. SJ Any other documents, maps, photographs, or drawings that may help clarify the position of the applicant. NOTE: All renderings, models, drawings, photos, etc., will become the property of the Village of Tequesta. Pre -application meeting APPLICATION SUBMITTAL DEADLINE Deadline is 45 business days prior to P&Z Meeting date DRC Meeting Held within 2 weeks of application submittal DRC comments provided to Applicant within 1 week of DRC meeting Re -submit application Planning & Zoning Board Meeting — IL Deadline is 2 weeks following receipt t of N. recommend approval Pp DRC comments (3' Thursday of each month) Village Council Meeting —final approval (211 Thursday of each month) 4 Page 164 of 394 Agenda Item #8. Vill. SITE PLAN REVIEW APPLICATION SUBMITTAL CHECKLIST GENERAL (1) A completed application signed by owner, agent/applicant. Authorization must be attached if applicant is other than owner. (2) Required application fees. (3) Statements of unity of title, warranty deed, or purchase contract of the subject property. (4) General location map, showing relation of the site for which site plan approval is sought to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the like. (5) A recent aerial photograph of the site. SURVEY (1) A signed and sealed boundary survey (not more than one year old) and legal description of the property, including any and all easements of record as well as existing topographical conditions of the site. (2) Existing streets and roadway improvements (medians, driveways, signage, etc.) and existing structures within 100' of the project boundary. (3) Existing utilities within 100' of the project boundary. (4) Existing trees identified by caliper and species. SITE PLAN (1) A site plan containing the title of the project and names of the architect, engineer, project planner and/or developer, date, and north arrow, and based on an exact survey of the property drawn to a scale of sufficient size to show: a. Boundaries of the project, any existing streets, buildings, watercourses, easements, section lines, and water and sewer lines, well and septic tank locations, and other existing important physical features on the site and on property adjacent to the site. b. Tabular project data to include: Total gross site area in acres & square feet ----------------------��.----------------------------- 8.03ac 262,554 sf ----- -------___------------___--_______.-_.._._.-------- Total number of units (multi -family) --- ------- ----- --------------- -----.-_----_------_____-_ 169 Total square feet of each primary structure 'Total AC square footage per Bldg. 144, 285 square feet of accessory structures _........... 725sf Total footprint of each building in sq ft &,945_ - --- --­- _ _ .... _ --------------------------------------------------------------------- 32.3o�a Overall mean building height &-number of stories =26'9" / 2 stories, not to exceed 50' � ..�.---___-_____�__-_-__ Finished floor elevation for all structures ___-----..__._..__--_--_____--_______-_-_____..______.._.._.._.______________--__--__- r ���- - ---_------------_-______-------_-------_-------- range of 19 - 24 Total projectdensity in units per acres, if app. . . .. . .... 111.44 du/ac . . ............... . . . ....licable Total proposed off-street parking spaces ------- 226 aces sP _ ___-__-_-----------------------------------------__.-___........ --............... --_--_---_-------- Height and location of proposed fences and/or walls .... ---.......... ---__---- ----- ------ ---------------------------------- ----- 5' PVC fence on south and west sides of r P ............. ---........ ---.... ------------------ --- ----- --------- _------- ---......... --... --------------------� Proposed drive aisle width ---------------------____---------------------_-------------------------------------- 24' ---_--------------------------------------------... ....................... -------_-............ -- -Proposed sidewalk width --------------------------------------------------------- 11,41 5 Page 165 of 394 Agenda Item #8. C. Provide site data and setbacks: Lot coverage ; Impervious area ;open space area -------------------------------- ----------------------- ---------------- ---- __----_--------------------- �----^-------------------------------------....... ----+�------- ----- ---------- --------- ---------- ----------- TOTAL SQ FT 812099 ;1 19,933 ; SL,721 --� OF SITE ----------------------------------------------------------------------------------------------_--_-__--------- ----- ------------------- -------------- ------- PERCENT i ;30.9 i68.5 /v 31.5% 1 , Front Side Side Rear ------- ------------------------- -_T___--------------- ------- ---------- --T----«---- --.-w---------------------- -------- »----- ------------- Primary structure '18' &2--2' --(-W---a---i-v---e--r--) --_2-0' min -----T-7--.-5---'-----1--1--.--3--3---'---(-W----)- ------ 2--5 --- —- --------------- - ----- -------- Accessvrystructure134.5' NA ---'-_------___-------- ;NA !NA d. Plans and location for recreation facilities, if any, including buildings and structures for such use. e. All mechanical equipment and dumpster locations, screens and buffers. f. Refuse collection and service areas. g. Access to utilities and points of utilities hookups and location of all fire hydrants close enough for fire protection. h. Plans for signage including size, location and orientation. i. Project information on beds, employees, seating, etc. as necessary depending upon the type of development. j. Exterior lighting of all buildings, parking areas and the overall site, addressing glare, traffic safety, economic effect and compatibility and harmony with adjacent properties. k. Proposed topographic considerations including natural vegetation, berms, retaining walls, privacy walls, and fences. (2) Required floodplain management data: a. Flood zone designation b. Base flood elevation C. Coastal high hazard design considerations ENGINEERING PLANS (1) Proposed access (ingress/egress) to project, drive aisles, driveways, streets and sidewalks with dimensions and turn radii for internal and external veh icu la r t raffic. (2) Proposed traffic control signs. (3) Preliminary storm drainage and sanitary sewage plans or statements. If the village determines that the drainage and/or sewage plans require independent review, the applicant shall pay for such review by an independent engineer. (4) Plans for the extraction of fill and mineral resources and alterations or modifications to the slope, elevation, drainage pattern, natural vegetation and accessibility of the development. (5) A comprehensive traffic study, provided by an engineering firm. The study shall be paid for by the applicant and shall include but not be limited to the following: a. Future right-of-way dedications. b. Intersection improvements. c. Traffic control devices. d. Traffic generation analysis. e. Distribution and assignment of traffic access. f. Additional roadway needs. Page 166 of 394 Agenda Item #8. g. Traffic safety standards, including the separation of pedestrian and vehicular traffic. h. Compliance with Palm Beach County Performance Standards ordinance. LANDSCAPE PLANS (1) Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for irrigation systems. Plans shall also provide delineation of existing trees and information as to which trees will be reused or removed. Landscaping plans shall comply with section 78-400. In addition, landscaping plans shall include irrigation plans in accordance with section 78-398, and shall demonstrate compliance with Florida Friendly Landscaping design standards as required by section 78-394, as applicable (See section 78-392 for applicability). (2) Plans shall provide clear sight lines. (3) Location of light poles. (4) Provide landscape plan data: Required Provided ------- ----------------------- - -----------------------------------------------------------T----------------------------------------------------- ----------------------- - Number of trees (including percent native) 78 ; 73 ($$q/o native) Number of shrubs (including percent natives.......... . ---------- ----- r 50°I° required ---- - - - - - ----------- - - ---------- - ----; 75.9°/° 3,�1'1 of 4 755 q ) ------- --------------------- ---- --------------- ------------ _----------------- ---------- ---------------T--.......... ----------------------- --------- ----------- ----+----'-----------------------_-----__--------- Amount of groundcover (including percent native) 50% I included in shrubs total ------------------------- ._..______.__---------------------------------------------__-------------- ------------- ---- ---------------------------------------------t.... .............. ------------------_--_--_--___-- Total percent of native vegetation 11 50Q/° :75.6°/° ARCHITECTURAL PLANS (1) Architectural elevations and color renderings for buildings in the development, and exact number of units, square footage and types, together with typical floor plans of each type. (2) Type of construction of all buildings per Florida Building Code. (3) Color finishes and material examples and/or samples for all structures including roof, walls, trim, pavers, etc. ADDITIONAL REQUIREMENTS (1) Environmental impact study/assessment. All proposed new development and major redevelopment, as part of the site plan review and subdivision review process, shall submit a environmental statement describing how the proposed development will affect the estuarine water quality of the class III waters of the village, and also an environmental impact assessment study prepared by a qualified ecologist or other professional qualified to do such an assessment. The study shall meet the requirements Ch. 50 Article II, pertaining to environmentally sensitive lands. (2) Notification of neighboring jurisdictions of any external impacts that a' proposed project might have within those jurisdictions and assessment and mitigation of those impacts shall be required. (5) If common facilities (such as recreation areas or structures, common open space, etc.) are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained. Such statements may take the form of proposed deed restrictions, deeds of trust, surety arrangements, or other legal instruments providing adequate guarantee to the village that such common facilities will not become a future liability for the village. (6) If development is to occur in phases, those phases should be clearly delineated on the site plan and identified in the plans and requirements appurtenant to that site plan, and each development phase shall be subject to site plan review by the village. 7 Page 167 of 394 Agenda Item #8. (7) The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities, if applicable. (8) A statement that the development/redevelopment will provide the necessary infrastructure to meet the following level of service standards pursuant to the criteria outlined in Sec. 78-331(h): a. Traffic (roads and rights -of -way) b. Sanitary sewer c. Drainage d. Potable water e. Recreation f. Fire flow requirements g. Pedestrian walkways (9) A statement from the applicant or landowner that all pertinent permits are concurrently being sought from the applicable county, state, and federal agencies listed below. Include a copy of the letter/document with the application. Such permits shall be secured prior to the issuance of a building permit for any development on property included within the site plan. a. Palm Beach County Health Department b. Palm Beach County School District c. Tequesta Fire -Rescue Department (Fire Marshal) d. Loxahatchee River Environmental Control District (ENCON) e. Palm Beach County Department of Environmental Resources Management (DERM) f. South Florida Water Management District (SFWM D) g. Florida Department of Transportation (FDOT) h. Metropolitan Planning Organization of Palm Beach County (MPO) L Palm Beach Traffic Engineering Division j. Martin County Metropolitan Planning Organization k. Martin County Traffic engineering Department I. Florida Power & Light m. Telephone service provider, as applicable n. Solid Waste purveyor o. Tequesta Water Department p. other municipal, county, state and/or federal agencies as may be applicable. 8 Page 168 of 394 Agenda Item #8. Landscape A rch"Itects , Planners v Enu*Irmm enter I Consultants LC-0 0001 Fi 7 GENTILE GLAS H LLOWA 0"MAHONEY& Assoc iat , Inc. George G.Gentile I, LA Troy Hui may ASLA Emily M. ' ahoney CASLA Dodi B u ckm aster G laS AIQ THE RESERVE AT TEGUESTA: PLANNED RESIDENTIAL DEVELOPMENT TEQuEsTA, FLORIDA .SITE PLAN MODIFICATIONIREPLAT JUSTIFICATION STATEMENT JUNE 299 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 a site plan modification and special exception application to the recently approved "The Reserve at Tequesta" development. After diligent coordination between the Owner, and Village staff, the Owner now proposes a site plan and plat that provides for 69 fee simple units, and amenities located on ± 6.03 acres. With this site plan modification, the Owner is also requesting request to develop the project as a Planned Residential Development (PRD). Note, the PRD process is a special exception use within the R-2 zoning district, and the required information necessary for review has been provided under separate cover. PROJECT ADDRESS: As the proposed site is comprised of two parcels with separate addresses, the Owner 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 was 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 only 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. A 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 1907 Commerce Lane, Suite 101 Jupiter, Florida 334 561- 5- .-.) 5bl-575-5260 Pax w . h(_).Co"1 Page 169 of 394 Agenda Item #8. 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 e will bring substantial economic benefits to Tequesta. Further, the project will have no impact to the existing surrounding land uses. Site Plan The approved project consists of fourteen (14) separate buildings placed across the 6.03 acre site. The buildings will be 4, 5, and 6 unit buildings. Gated pedestrian access points are provided on the north and south sides of the development, and finally, an amenity area is provided, adjacent to US Highway 1. The development remains in conformance with the PRD height requirement as it does not exceed 4 stories, or 501 . As depicted on the site plan, the buildings are placed in a design that fully takes advantage of the vacant infill parcel. Typically, infill development sites can be challenging due to the existing infrastructure already on site, however, the owner along with design team have taken immense considerations to ensure that the project functions without being detrimental to any of the surrounding properties. Additionally, as this site plan modification does not present any changes to the approved design, the previously submitted (and acknowledged) service availability letters remain valid. For reference, these letters have been included in this submittal package. COMPATABILITY WITH SURROUNDING PROPERTIES: The subject properties are situated in a commercial corridor on US Highway 1, approximately 5 3 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 H R-12 RH Broadview Condominium unincorporated PBC unincorporated PBC West Institutional C-2; Community Commercial Tequesta Public Works District P:\Tequesta - The Reserve 18-0820\Applications\Site Plan Modification 2020\Application Materials\SPM Justification Statement.docx Page 170 of 394 Agenda Item #8. 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 e 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. 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) — Open Space Requirement 35% minimum 31.5% 78-226 (2) — Lot Coverage 30% maximum 30.9% 78-226 (3)(d)(3) — Setbacks 25' front 18' & 22' 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 minimum open space, a 0.9% increase in maximum lot coverage, and a minimal deviation from the front and side corner setbacks (specific to Planned Residential Developments). P:\Tequesta - The Reserve 18-0820\Applications\Site Plan Modification 2020\Application Materials\SPM Justification Statement.docx Page 171 of 394 Agenda Item #8. 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 e RF,P1 AT-_ The owner intends to use the two subject parcels to yield the proposed development program. As such, the Owner will request plat approval. The original plat document was approved on January 20, 2020, however, it was depicted as a condominium development. The plat has been updated to reflect fee simple ownership, and will continue to be consistent with Chapter 177 of the Florida Statutes. 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. Please see tables below that depict the increase in particular site amenities Amenity Approved Plan (January 2020) Proposed Plan Dog Dispenser Station 3 5 Materials* Approved Plan (January 2020) Proposed Plan -Landscape Total Proposed Palms 61 63 Total Native Trees 6 0.5 % 5 3.5 % Total Native Shrubs and Groundcovers 73.5% 75.9% Total Native Vegetation 71.5% 75.6% *Please refer to Landscape Plans for additional details 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 Construction/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. Planned Residential Development Design Criteria The Applicant will address the below criteria as stipulated in Section 78-227 of the Village's Zoning Code. P:\Tequesta - The Reserve 18-0820\Applications\Site Plan Modification 2020\Application Materials\SPM Justification Statement.docx Page 172 of 394 Agenda Item #8. 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 (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. 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: 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 the adjoin property, and the type and size of the buildings, in order to produce a livable economical land use pattern. Response: As this is an infll 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. P:\Tequesta - The Reserve 18-0820\Applications\Site Plan Modification 2020\Application Materials\SPM Justification Statement.docx Page 173 of 394 Agenda Item #8. The Reserve at Tequesta — Planned Residential Development Tequesta, Florida Replat / Site Plan Review June 29, 2020 Revised October 9, 2020 6 1 P a g e (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. 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 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 sheet (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. P:\Tequesta - The Reserve 18-0820\Applications\Site Plan Modification 2020\Application Materials\SPM Justification Statement.docx Page 174 of 394 Agenda Item #8. The Reserve at Tequesta — Planned Residential Development Tequesta, Florida Replat / Site Plan Review June 29, 2020 Revised October 9, 2020 7 1 P a g e 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. 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 applicant, is proposing; a Site Plan Modification to the approved site plan for The Reserve at Tequesta. The subject modification mainly focuses around revising the ownership type to a fee simple development for the approved 69 unit development on 6.03 acres as a Planned Residential Development. The submitted site plan shows compliance with the R-2 zoning district, as well as the PRD criteria to the fullest extent possible. Waivers have been requested where the PRD requirements cannot be met, and proper justification for those waivers has been provided. 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. With the approval of this dynamic project, Tequesta will further their mission in establishing itself as 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\Site Plan Modification 2020\Application Materials\SPM Justification Statement.docx Page 175 of 394 Agenda Item #8. 1 .......... 11111��I�Ip1�1111�91M1�11� CFN 20040415143 OR BIB 17268 PG 1234 RECORDED 07I19/2004 08:53:03 Palm Beach County, Florida Prepared By: ANT $, 500, 000. 00 Donald M. Allison, Esquire Doc Stamp 59,500.00 Gillespie & Allison, P.A. 15 South Federal Highway Dorothy H Yilken, Clerk of Court 0-4 ' to 306 Raton, Fl 33432 10 Q elIDNumber: 60-43-40-30-00-001-0170 & 0120 0 ■ tee # 1 TIN; = Grantee #2 T1N: err eed This Indenture, his 13 th day of July , 2004 A.D., Between The Vary Gr , td., a Florida limited partnership of the County of Palm ach State of Florida , grantor, and Royal Tequesta, L a Florida limited liability company whose address is: 105 Fou ad, c 1 o Louis J . Capano & Sons Wilmingt 19803 of the County of New Cas tl State of Delaware grantee. W1tnesseth that the GRANTOR, for ideration/yof thhe�surn of /� n.r w w w w rr- w w w w w w w w w w w.�... ... w ]DOLLARS D iLL ���i ($ 10) -www w w w w w ww�w wrw�ww � w4 �� w� w DOLLARS, O ] RS X1 �i�F */ TT i �I 1JVLLel11\L..17 and other good and valuable considerati 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 11 West of State Road #4 (also known as Late 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: 0 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 K . 0 degrees 1611011 E., along the Westerly line o d Government Lot 1, a distance of 650.0 feet to the Point o ing of the herein described parcel of land: thence conti / 0 degrees 1611011 E, along the Westerly line of said Gover Lot 1, a distance of 147.47 feet; thence S. 89 degrees 24130" E. a distance of 620.98 feet; thence N . 0 degrees 3011011 E . , a di a of 3.49 feet; thence S. 89 degrees 29'50" E., a distance of 81. eet to a point in the (Continued on Attach and the grantor does hereby fully warrant the title to said land, and will defend the In Witness 'Whereof, the grantor has hereunto set its hand and seal the day and Signed, sealed and delivered in our presence: By: rimed Nam,: PATRICIA Rr WAMIS Witness eiPr am e : 0 4 A 4--t Swb@J �68 The Vara 1 imi ted lawful claims of all persons whomsoever. written. ., a Florida T . D:ticr'V` a "norPat er P.Q. Address: 4521 PGA Boulevard, Suits 308 Palm Beach Gardens, FL 33418 (Seal) STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 13 th day of July , 2004 by T. Dominic Vara, General Partner on behalf of The Nara Group, Ltd., a Limited Florida Partnership he is personally known to me or he has produced his Florida driver a 1 icense as ' tification. 10AMALHAM Printed Name : A �'Fi CPA K. HAMIS _• N°'�y�",�c-�o1s°fPAft Kota Public MVCwwj*np oet%=4 CWVWM # C4" 18? My Commission Expires: 9510—A Laser atal by G DigAay Systems, Inc., 2003 (963) 763-5S55 Form FLWD-1 Page 176 of 394 Book172681Page1234 Page 1 of 2 Agenda Item #8. Warranty Deed- ps`e z Parcel ID Dumber: f 0-43-40-30-00-001-0170 & 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 center said State Road No. 5; thence S. 15 degrees 50'20" B., along a ' d erly right of way lima, a distance of 157.14 feat; thence N . green 2915011 N . , 748.35 feat to the Point of Beginning of the he e " described parcel of land. Lases C 4rated by O Dijplay Systems,1m,, 2003 (M3) 7G3-3555 Farm FLWD-1 Page 177 of 394 Book172681Page1235 Page 2 of 2 Agenda Item #8. JH1 Jeff H. Iravani, Inc. Consulting Engineers 1934 Commerce Lane, Suite 5 Jupiter, Florida 33458 Tel: (561) 575-6030 Fax: (561) 575-6088 Email: JHI ar,bellsouth.net Website: www.JHIinc.com Drainage Statement For The Reserve at Tequesta The site is located on the west side of US HWY-1 approximately 1 /8 mile south of County Line Road and consists of 6.03 ac of partially developed land. The north half of the project was developed as a commercial/automotive use but is currently abandoned with most of the site having concrete slabs throughout. The southern half of the property is vacant. See Exhibit A. A 69-unit townhome development with supporting infrastructure is proposed. The proposed drainage system consists of exfiltration trenches with a dry detention area. This project will maintain 95 % of all stormwater onsite for a 25 year frequency, 24 hour duration storm. The proposed drainage design meets the level of service standards and concurrency requirements of the Village of Tequesta. The drainage positive outfall shall be provided by a bubble up inlet near US HWY-1. Section 30, Township 405, Range 43E, Village of Tequesta, Palm Beach County, Florida Please feel free to contact me should you have any questions. Sincerely, Digitally signed by Jeff Iravani PE 33155 DN: C=US, E=jhi@bellsouth.net, O=Printed copies of this document are not considered signed & sealed and the SHA Jeff Iravani PE 33155 authentication must be verified on Jeff H. Iravani P.E. any electronic copies, OU=This item has been electronically signed and sealed using a SHA authentication code, CN=Jeff Iravani PE 33155 Date: 2020.09.16 10:24:05-04'00' Page 178 of 394 No Text Agenda Item #8. JH1 Jeff H. Iravani, Inc. Consulting Engineers 1934 Commerce Lane, Suite 5 Jupiter, Florida 33458 Tel: (561) 575-6030 Fax: (561) 575-6088 Email: JHI ar,bellsouth.net Website: www.JHIinc.com Fire Flow Statement For The Reserve at Tequesta The site is located on the west side of US HWY-1 approximately 1 /8 mile south of County Line Road and consists of 6.03 ac of partially developed land. The north half of the project was developed as a commercial/automotive use but is currently abandoned with most of the site having concrete slabs throughout. The southern half of the property is vacant. See Exhibit A. A 69-unit townhome development with supporting infrastructure is proposed. Each townhome unit will have a fire sprinkler system that will meet all required applicable codes. The proposed fire protection system for the site shall meet the requirements for Village of Tequesta and NFPA # 1. The proposed fire service design meets the level of service standards and concurrency requirements of the Village of Tequesta. The fire system for the site includes Reduced Pressure Detector Assemblies, Fire Department Connections and appropriate fire hydrant spacing throughout the project. Section 30, Township 40S, Range 43E, Village of Tequesta, Palm Beach County, Florida Please feel free to contact me should you have any questions. Sincerely, Digitally signed by Jeff Iravani PE 33155 DN: C=US, E=jhi@bellsouth.net, O=Printed copies of this document are not considered signed & Jeff Iravani PE 33155 sealed and the SHA authentication must be verified on any electronic Jeff H. Iravani, P.E. copies, OU=This item has been electronically signed and sealed using a SHA authentication code, CN=Jeff Iravani PE 33155 Date: 2020.09.16 10:15: 58-04'00' Page 180 of 394 No Text Agenda Item #8. JH1 Jeff H. Iravani, Inc. Consulting Engineers 1934 Commerce Lane, Suite 5 Jupiter, Florida 33458 Tel: (561) 575-6030 Fax: (561) 575-6088 Email: JHI ar,bellsouth.net Website: www.JHIinc.com Sanitary Sewer Statement For The Reserve at Tequesta The site is located on the west side of US HWY-1 approximately 1 /8 mile south of County Line Road and consists of 6.03 ac of partially developed land. The north half of the project was developed as a commercial/automotive use but is currently abandoned with most of the site having concrete slabs throughout. The southern half of the property is vacant. See Exhibit A. A 69-unit townhome development with supporting infrastructure is proposed. The proposed sewer system will consist of gravity sewer main. The VOT central wastewater level of service standard of 108 gallons per capita per day is used for determining the availability of capacity and demand for the project. The existing 8" gravity sewer system has sufficient capacity for this project. The proposed Sanitary Sewer design meets the level of service standards and concurrency requirements of the Village of Tequesta. Section 30, Township 40S, Range 43E, Village of Tequesta, Palm Beach County, Florida Please feel free to contact me should you have any questions. Sincerely, Digitally signed by Jeff Iravani PE 33155 DN: C=US, ' E=jhi@bellsouth.net, O=Printed copies of this document are not considered signed & sealed and the SHA Jeff Iravani PE 33155 authentication must be verified on any electronic copies, Jeff H. Iravani, P.E. OU=This item has been electronically signed and sealed using a SHA authentication code, CN=Jeff Iravani PE 33155 Date: 2020.09.16 10:14:47-04'00' Page 182 of 394 No Text Agenda Item #8. JH1 Jeff H. Iravani, Inc. Consulting Engineers 1934 Commerce Lane, Suite 5 Jupiter, Florida 33458 Tel: (561) 575-6030 Fax: (561) 575-6088 Email: JHI ar,bellsouth.net Website: www.JHIinc.com Potable Water Statement For The Reserve at Tequesta The site is located on the west side of US HWY-1 approximately 1 /8 mile south of County Line Road and consists of 6.03 ac of partially developed land. The north half of the project was developed as a commercial/automotive use but is currently abandoned with most of the site having concrete slabs throughout. The southern half of the property is vacant. See Exhibit A. A 69-unit townhome development with supporting infrastructure is proposed. The proposed potable water system shall consist of an 8" watermain loop with three connections into the Village of Tequesta water distribution system to provide adequate water service to the project. The water level of service criteria that shall be used for this project are: 1. Average daily water consumption rate of 175 gallons/capita/day 2. Maximum daily water consumption, including irrigation, rate of 180 gallons/capita/day & Nonresidential*: 3,030 gallons/acre/day The proposed potable water design meets the level of service standards and concurrency requirements of the Village of Tequesta. Section 30, Township 40S, Range 43E, Village of Tequesta, Palm Beach County, Florida Please feel free to contact me should you have any questions. Sincerely, Digitally signed by Jeff Iravani PE 33155 DN: C=US, E=jhi@bellsouth.net, O=Printed copies of this document are not considered signed & sealed Jeff Iravani PE 33155 and the SHA authentication must be verified on any electronic copies, OU=This item has been Jeff H. Iravani, P.E. electronically signed and sealed Iff using a SHA authentication code, CN=Jeff Iravani PE 33155 Date: 2020.09.16 10:22:46-04'00' Page 184 of 394 No Text Agenda Item #8. 0mcas" to 3960 RCA Blvd. Suite 6002 Palm Beach Gardens, FL 33410 March 29, 2019 Alec Dickerson GENTILE GLAS HOLLOWAY O'MAHONEY & Associates, Inc. 1907 Commerce Lane, Suite 101 Jupiter, Florida 33458 Re: Availability Letter for The Reserve at Tequesta 746 and 734 US Hwy 1, Tequesta, FL 33469 Dear Mr. Dickerson, Comcast Cable Communications will be able to service this site. Please feel free to call if I can be of additional service. Best Regards, eath df• C/KtlfoZd ((Comcast. FEC Regional Construction 561-882-4310 Mark Milford a(Dcable.comcast.com Page 186 of 394 Agenda Item #8. Page 187 of 394 Agenda Item #8. 11: FPL June 24, 2019 GENTILE GLAS HOLLOWAY O'MAHONEY & ASSOCIATES. INC. 1907 COMMERCE LANE. STE 101 BOCA RATON, FL, 33458 Florida Power & Light Company Re: THE RESERVE AT TEQUESTA: TEQUESTA, FL - 746 AND 734 US Highwat 1, Tequesta, FL 33469 Dear ALEC R. DICKERSON: Thank you for contacting FPL early in your planning process. At the present time FPL has sufficient capacity to provide electric service to your property. We have facilities currently available at this location. Please advise me early in the planning process once the final plans have been approved. This information will help us to provide you with the best service in accordance with applicable rates, rules and regulations. You may also respond to us through www.fpl.com. Please contact me if you have any questions. Sincerely, MIGUEL GALENO Associate Engineer A NEXTera ENERGY Company Page 188 of 394 Agenda Item #8. TE „ PARTNERS VIA Email: alec@2gho.com March 29, 2019 Gentile Glas Holloway O'Mahoney Alec Dickerson 1907 Commerce Lane #101 Jupiter, FL 33458 RE: The Reserve at Tequesta — 746 & 734 US Highway One Tequesta TECO Peoples Gas has natural gas service in the vicinity of the above -mentioned property and we welcome the opportunity to service your client with natural gas. The typical average daily energy demands can not be determined until we have more information about your client's gas equipment. Please ask your client to call us with that information. A site plan is required for us to indicate our existing facilities and projected future facilities intended to service the project. In the meantime, should you need further assistance you can contact me by calling 772-216-9622. Sincerely, Sherry Horton Sherry Horton Account Manager TECO Peoples Gas Palm Beach & Martin Counties SH Page 189 of 394 Agenda Item #8. TequestaV1*11age of Tequest 345 - Tequesta,, FL i 11/17/2020 Alec R. Dickerson - Planner Gentile Glas Holloway O'Mahoney and Associates,. Inc. 1907 Commerce Lane, Suite 101 Jupiter, Florida 33458 RE: The Reserve — 734 & 746 US Highway 1— Service Availability Dear Mr. Dickerson, 5 1-7 -0700 www.tequesta.org This letter confirms that the referenced property is located within the Village of Tequesta Potable Water Utility Service Area. The Village of Tequesta Public Water System has available capacity to serve the proposed 69 unit townhomes and associated amenities at the property. Please note that this letter does not constitute a commitment for service until final design is approved by the Village of Tequesta Utilities Department and a Developers Agreement fully effectuated. Sincerely, Matthew Hammond Utilities Director Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon Council Member Frank D'Ambra Council Member Bruce Prince Village Manager Jeremy Allen Page 190 of 394 Agenda Item #8. JEFF SABIN GOVERNMENT AFFAIRS WASTE MANAGEMENT WASTE MANAGEMENT INC. OF FLORIDA 7700 SE BRIDGE RD HOBE SOUND, FL 33455 P H : (772) 545-1327 MOBILE: (772) 263-0017 June 4, 2019 Mr. Alec Dickerson Gentile Glas Holloway O'Mahoney & Associates, Inc. 1907 Commerce Lane, Suite 101 Jupiter, FL 33458 Re: The Reserve at Tequesta, FL — 746 and 734 US ighway 1, Tequesta, FL 33469 Dear Mr. Dickerson: In response to your request for confirmation of service availability for the above development, Waste Management of Martin County can adequately accommodate residential curbside collection as provided for in our Solid Waste and Recyclable Materials Collection Services Agreement with Palm Beach County. We appreciate the opportunity to service the new community and look forward to working with the developers and builders in making it an environmentally friendly project. Please contact our Sales Specialist as your project proceeds, her contact information is below, or myself. Sales Specialist: Amanda Mindell — 561-351-8658 If you have any questions or concerns, please contact us. JEFF SABIN Government Affairs Cc: Amanda Mindell Page 191 of 394 Agenda Item #8. 0 a Loxahatchee River District Water Reclamation I Environmental Education I River Restoration 2500 Jupiter Park Drive, Jupiter, Florida 33458 Telephone (551 747-5700 *Fax (561) 747-9929 * www.loxahatcheerive:r.org D. Albrey Arrington., Ph.D.,. Executive Director April 2, 2019 Royal Tequesta LLC c/o Louis J. Capano & Sons 105 Foulk Road Wilmington, DE 19803 Email: Alec@2gho.com Re: The Reserve at Tequesta 746 and 734 US Highway One, Tequesta PCN: 60-43-40-30-00-001-0120 To Whom It May Concern: This letter is provided in response to a recent request by Alec Dickerson, of Gentile, Glas, Holloway, O'Mahoney & Associates, Inc., concerning sanitary sewer service availability for the suject property. i Please be advised that, as of this date, sanitary sewer service s available to the subject property upon payment of certain costs in accordance with the District Rules. Copies of District Rules Chapter 3 1 -10 are available for your review on our web site at www. toxaliatcheerive 0 Consistent with District policy, the Developer will be responsible for all costs associated with 4 connecting to the existing wastewater system of the District and any costs associated witli system upgrades downstream to accommodate additional flows. Should you require additional infon-nation on this matter, please contact the District Engineering Department at (561)747-5700 Ext. 4052. Very truly yours, Kris Dean, P.E. Deputy Executive Director/Director of Engineering Services %w" KD/Iml Cc: Alec Dickerson, Planner WCOMMERCIAL PROJECTMThe Reserve at Tequesta\PrQJect Document s\Design\Correspoiidence\—royaI tequesta llc-20190402.doe x Gordon M. Boggie Stephen B. Rockoff Dr. Matt H. Rostock Harvey M. Silvennan James D. 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EWEN NEI I NORM ME&= OMEN 1 AI of 394 r A A 1 1 i 1 f II �a vL.f r@@ a.+ ro° - I_ f r. r► r � �■■ f ���1'A��+��`�a�{M FA�Ip�+. 1 � 43 r 1y Y Y01 i� - 11 I �� 14YSq� � ��A� • i a, 1 ►r' F� 7 9 V 1' f'. a r Y 1 - Agenda Item #8. 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 218 of 394 Agenda Item #8. 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 219 of 394 Agenda Item #8. 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 220 of 394 Agenda Item #8. 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 221 of 394 Agenda Item #8. 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�nage. 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 222 of 394 Agenda Item #8. 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 223 of 394 Agenda Item #8. 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 224 of 394 Agenda Item #8. 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. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Page 225 of 394 Agenda Item #8. 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: mo Witness Printed Name: STATE OF ) COUNTY OF ) Louis J. Capano, Jr., Manager 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 226 of 394 Agenda Item #8. 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 227 of 394 Agenda Item #8. 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 228 of 394 Agenda Item #8. 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 Witnesses: STATE OF COUNTY OF ROYAL TEQUESTA, LLC 0 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 229 of 394 Agenda Item #8. 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. 89024'30" E., a distance of 620.98 feet; thence N. 00'30'10" 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. 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 230 of 394 Agenda Item #8. 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 , 2020, 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 231 of 394 Agenda Item #8. 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 232 of 394 Agenda Item #8. (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 , 20201 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 233 of 394 Agenda Item #8. GRANTEE — ROYAL TEQUESTA, LLC 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 234 of 394 Agenda Item #8. =YUIDIT "All Sketch description of Easement Area EXHIBIT "All SKETCH OF LEGAL THIS IS NOT A SURVEY) SCALE, 1" - 20 PDA-,, S89031'28"E 6.24' S89"31'28"E 290.52' N0002832"� 1,63' S35032'30'T u- N35)32'30"W 12.10' 00LiJ __j fn 10.09, Lu z N89031'*28"W Z Lu 7.42' _j z 0 Lu UJ 0 > 0 rZ uj (Z M LO S89031'28"E P.O.C. SOUTH LINE OF GOVERNMENT LOT 1 S.VV. CORNER OF GOVERNMENT LOT 1 SECTION 30, TWP 40 SOUTH RNG 43 EAST LEGEND P.O.C. - POINT OF COMMENCEMENT P,O.B. - POINT OF BEGINNING TWP - TOWNSHIP RNG - RANGE GI`r2nCjRY T. TUCKER/ P OF S810NAL SURVEYOR & MAPPER FLRIEDA -REGISTRATION No.: 6147 DATE: 1018/2020 - Legacy Surveying and Mapping, Inc. 112 N� U.S. Highway No. 1 Tequesta, FL, 33469 Phone, (561) 746-8424 BUSINESS LICENSE-- LB # 8130 SHEET 1 OF 2 JOB NO-: 18-120 PED EAS Page 235 of 394 Agenda Item #8. 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 N89031 '28"W5 7.42 FEET; THENCE N35032'30"W 10.09 FEET; THENCE N00028132"E3 1.63 FEET TO THE POINT OF BEGINNING. CONTAINING 72 SQUARE FEET, MORE OR LESS. L-e ac Surveying and Mapping, Inc. 112 N. U,S, Highway No, 1 Tequesta, FL. 33469 Phone, (561) 746-8424 BUSINESS LICENSE: LB# 8130 DATE- 10/8/2020 SHEET 2 OF 2 JOB NO.: 18-1'20 PED EAS Page 236 of 394 Agenda Item #8. Lro/ 'INO's Gentile Cla5 Hollowav O'Mahon'cy X- A -1-1, 1937 C.Sara iLi — TowhOUSe ToxvhOL19e Building 7 Building 8 El ;hl. Ped. "N.N. t 2d= Be � 4 6., 11's Ito !V;: r,- ---Wp ... . Z, "IrlSFr r.?.ff -.,3 /—i,� 1) 'w A 7.j;tjj, i- two A,1.1,z L II i F 'DII-Al— The Reserve at Tequesta 5 10 20 Pedestrian Connection Exhibit :M to Countyline Plaza NORTH Sude.; V' = 10' Page 237 of 394 Agenda Item #8. AMENDED ARTICLES OF INCORPORATION OF THE RESERVE AT TEQUESTA PROPERTY OWNERS ASSOCIATION, INC. Page 238 of 394 Agenda Item #8. 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 239 of 394 Agenda Item #8. 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 240 of 394 Agenda Item #8. 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 241 of 394 Agenda Item #8. 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: NAMF ATIT-)RF.CC 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 242 of 394 Agenda Item #8. 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 CIFFIC~F,R 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 243 of 394 Agenda Item #8. 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 D1 TR A TION 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 244 of 394 Agenda Item #8. 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 maybe amended by a smaller percentage vote. Page 245 of 394 Agenda Item #8. (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 246 of 394