APPLICATION
PROJECT NAME: ORCHARD LANDING
LOCATION: EAST OF FED.HWY. (U.S.#I) 180 FT. S. OF GOLF RD. (S.E. 23RD
AVE. ON THE W. SIDE OF INRACOASTAL WATERWAY
COMPUTER ID: S\PROJECTS\ORCHLAND\NWSP-LANDSCAPE
FILE NO.: NWSP 97-011 TYPE OF APPLICATION: NEW SITE
PLAN
APPLICANT/CONTACT PERSON: OWNER:
HARVEY LANG DIAMOND BEACH PROPERTIES,INC.
PHONE: 954-382-1075 PHONE: 954-382-1075
F~: 954-382-1123 FAX: 954-382-1075
ADDRESS: 642 N.UNIVERSITY DR. ADDRESS: 642 N.UNIVERSITY DR.
PLANTATION,FL 33324 PLANTATION,FL 33324
DATE:
1 ST REVIEW COMMENTS DUE: 5/15/97
PUBLIC NOTICE:
ADMINISTRATIVE TRC MEETING: 5/13/97
TRC MEETING: 5/20/97
RESUBMITTAL DATE:
2ND REVIEW COMMENTS DUE:
LAND DEVELOPMENT SIGNS POSTED:
PLANNING & DEVELOPMENT BOARD 6/10/97
MEETING:
CITY COMMISSION MEETING: 6/17/97
BOARD OF ADJUSTMENT MEETING:
COMMENTS:
S:\FORMS\PROJECT TRACKING INFO
lJ:1U City of
13oynton $eacli
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100 'E. 'lJoynton 'lJeadi 'lJouf.evartf
P.O. 'lJ~310
'lJoynton 'lJeadi, j'forufa 33425-0310
City !J{aff: (561) 375-6000
j'.9lX: (561) 375-6090
April 30, 1997
Harvey Lang
642 North University Drive
Plantation, Florida 33324
RE: Orchard Landing - NWSP 97-011
Acceptance - New Site Plan Application & Submittal Documents
Dear Mr. Lang:
On April 29, 1997, your submittal for New Site Plan approval for the above-referenced project
was reviewed for completeness. It has been determined that the submittal is substantially
complete and accepted for further processing. Jerzy Lewicki, within the department, will be
reviewing and coordinating your application through the remainder of the Conditional Use
approval process and can be contacted if you have questions.
The next step in the review process is for the Technical Review Committee to review the
submittal for compliance with the review standards identified in Part III, Land Development
regulations, Chapter 4, Site Plan Review, Section 8 and all applicable sections of the Boynton
Beach Code of Ordinances. The Technical Review Committee (TRC) will meet on May 20,
1997 to discuss the first review comments. The review schedule will be further determined after
this meeting.
If! can be of further assistance, please do not hesitate to contact me at (561) 375-6260.
Very truly yours,
/
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Tambri J. Heyden, 'AICP
Planning and Zoning Director
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51 PROJECTSIOrchlandl 1ST ACL TR. WPD
51merica's (jateway to tfie quifstream
DIAMOND BEACH DEVELOPMENT
642 N. UNIVERSITY DRIVE
PLANTATION, FLORIDA 33324
954-382-1075
FAX 382-1123
April 28, 1997
PLANNING AND ZONING DEPARTMENT
100 EAST BOYNTON BEACH BLVD.
BOYNTON BEACH, FLORIDA 33425-0310
RE: REQUEST FOR ACCELERATED PLAN REVIEW PROCESS
ORCHARD LANDING - east of Federal Highway and 180 ft. south
of 23rd Avenue
MASTER PLAN FILE NUMBER: 5BMP 96-002
To Whom It May Concern:
As the developer of the above referenced project, I am requesting an
accelerated plan review process for the above referenced project on our
Site Plan submission drawing package.
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SITE PLAN REVIEW APPLICATION ~PLM\NiliG~;)D j\
FOR ZN,;\\'{\; D~~,-.
~o,~._"_""",___~--"""b-
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE
CITl OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DEPARTMENT
Application Acceptance Date:
f)~,-~~ J~:'~
Fee Paid:
Receipt Number:
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This application must be filled out completely, accurately and submitted as
an original to the Planning and Zoning Department. Twel ve complete,
sequentially numbered and assembled sets of plans including a recent survey
and appropriate fee shall be submitted with the application for the initial
process of the Site Plan Review procedure. An incomplete submittal will not
be processed.
Please print legibly (in ink) or type all information.
I. GENERAL INFORMATION
1. ___ Pr~j ect Name:
ORCHARD LANDING
2. Applicant's name (person or business entity in whose name this
application is made) :
DIAMOND BEACH PROPERTIES INC.
Address:
642 N.UNIVERSITY DR.
PLANTATION, FL. 33324
(Zip Code)
Phone:
954-382-1075
Fax: 954-382-1123
3. Agent's Name (person, if any, representing applicant):
HARVEY LANG
Address:
642 N.UNIVERSITY DR.
PLANTATION, FL. 33324
Phone: 954- 382-1075
(Zip Code)
Fax: 954-382-1123
4. Property Owner's (or Trustee's) Name:
DIAMOND BEACH PROPERTIES INC.
Address:
642 N.UNIVERSITY DR.
PLANTATION, FL.
Phone:
954-382-1075
(Zip Code)
Fax: 954-382-1075
5. Correspondence to be mailed to agent only; if no agent, then to
applicant unless a substitute is specified below: *
*This is the one address to which all agendas, letters and other
materials will be mailed.
Planning and Zoning Department - Rev. 3/18/97
n'\~I-IAR1=\WP\l='nRM~\APP~\NW~P\~IT1=PI AN wpn
Page 2
Site Plan Review Application
6. What is applicant's interest in the premises affected? (owner, buyer,
lessee, builder, developer, contract purchaser, etc.)
OWNER/DEVELOPER
7. Street address or location of site: EAST OF FEDERAL HWY. (U.S.#l)
180 FEET SOUTH OF GOLF RD. (S.E. 23rd. AVE. ON THP. WEST STOP. nF
THE INTRACOASTAL WATERWAY.
8. Property Control #: 08-43-45-33-00000-5140
Legal description of site:
SEE ATTACHED EXHIBIT
9. Intended use(s) of site:
CONSTRUCT THREE (3) CUSTOM SINGLE FAMILY HOMES
10. Developer or Builder:
DIAMOND BEACH PROPERTIES INC.
11. Architect: M.JEFFREY SEMKO DESIGN CONSULTANT
12. Landscape Architect: TO BE SELECTED
13. Site Planner: M.JEFFREY SEMKO DESIGN CONSnT.Tl>.NT
14. Engineer:CIVIL:OLESAK & ASSOC.-STRUCTURAL:TURQUOISE INC.
15. Surveyor: O'BRIEN-SUITER & O'BRIEN INC.
16. Traffic Engineer: OLSAK & ASSOC.
17. Has a site plan been previously approved by the City Commission for
this property? UNKNOWN
18. Estimated construction costs of proposed improvements shown on this
site plan: $56,080.00
Planning and Zoning Department - Rev. 3/18/97
S:\PLANNING\SHARED\WP\FORMS\APPS\NWSP\sITEPLAN.WPD
Page 3
Site Plan Review Application
II. SITE DATA
The following information must be filled out below and must appear, where
applicable, on all copies of the site plan.
1. Land Use Cateqory shown in the Comprehensive Plan SPECIAL HIGH DENSITY
RESIDENTIAL-MAXIMUM 20 UNITS PER ACRE
2. Zoninq District R-3
0.565
acres 25.082.48
sq. ft.
3.
Area of Site
4. Land Use -- Acreaqe Breakdown
c. Water Area N/A
d. Commercial N/A
e. Industrial N/A
f. Public/Institutional N/A
g. Public, Private and
Canal rights-of-way N/A
a.
b.
h.
i.
j .
Residential, including
surrounding lot area
of grounds
0.565
100
% of site
acres
Recreation Areas * N/A
(excluding water area)
% of site
acres
acres
% of site
% of site
% of site
% of site
% of site
% of site
acres
acres
acres
acres
Other (specify)
acres
INGRESS AND EGRESS AND RETENTION
Other (specify)
N/A
% of site
acres
Total area of site
% of site
acres
25.082.48
0.565
* including open space suitable for outdoor recreation, and having
a minimum dimension of 50 ft. by 50 ft.
5. Surface Cover
a.
b.
d.
Ground floor building N/A
area ("building footprint")
% of site
acres
Water area
N/A
% of site
acres
c.
Other impervious areas, including
paved area of public & private
streets, paved area of parking
lots & driveways (excluding
landscaped areas), and , --"","-
sidewalks, patios, decks,
and athletic courts. 0.33
- _..~~
acres
59
% of site
Total impervious area
59
% of site
0--..3.3- acres
Planning and Zoning Department - Rev. 3/18/97
S:\PLANNfNG\SHARED\WP\FORMSIAPPS\NWSP\SITEPLAN.WPD
Page 4
Site Plan Review Application
e.
f.
g.
Landscaped area 0.23
inside of parking lots
(20 sq. ft. per interior
parking space required -
see Sec. 7.5-35(g) of
Landscape Code) .
acres
NjA
Other landscaped areas, acres
41
Other pervious areas, including
golf course, natural areas,
yards, and swales, but excluding
water areas acres NjA
h.
Total pervious areas
acres
i.
Total area of site
acres
6. Floor Area
a.
b.
c.
d.
e.
Residential
Commercial/Office
Industrial/Warehouse
Recreational
Public/Institutional
f. Other (specify)
g. Other (specify)
h.
Total floor area
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
7. Number of Residential Dwelling Units
a.
b.
c.
(1 )
(2 )
(3 )
(4 )
d.
Single-family detached
Duplex
sq. ft.
sq. ft.
Multi-Family
Efficiency
1 Bedroom
2 Bedroom
3+ Bedroom
(3 + attached dwelling units)
dwelling units
dwelling units
dwelling units
dwelling units
Total multi-family
e. Total number of dwelling units
dwelling units
8.
Gross Density
dwelling units per acre
9.
Maximum height of structures on site
Planning and Zoning Department - Rev. 3/18/97
S:\PLANNING\SHARED\WP\FORMSIAPPS\NWSP\SITEPLAN.WPD
feet
% of site
% of site
% of site
% of site
% of site
stories
Page 5
Site Plan Review Application
10. Required off-street parking
a. Calculation of required
number of off-street
parking spaces
Planning and Zoning Department - Rev. 3/18/97
S:\PLANNING\SHARED\WP\FORMS\APPS\NWSP\SITEPLAN.WPD
b.
Off-street parking spaces
provided on site plan
Page 6
Site Plan Review Application
III. CERTIFICATION
(I) (We) understand that this application and all papers and plans
submitted herewith become a part of the permanent records of the
Planning and Zoning Department (I) (We) hereby certify that the
above statements and any statements or showings in any papers or
plans submitted herewith are true to the best of (my) (our)
knowledge and belief. This application will not be accepted unless
signed according to the instructions below.
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ate
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I
Signa ure of Owner(s rustee, of
Authorl rlncipal if property is owned by
a corporation or other business entity.
IV. AUTHORIZATION OF AGENT
4r'~;). '1 L 9 '7
ate /
(I) e) hereby designate the above signed person as (my) (our)
authorized agent in regard to this application.
Signature of Owner(s) or Trustee,
or Authorized Principal if property is owned
by a corporation or other business entity.
Date
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review Schedule:
Date Received
Technical Review Committee
Planning & Development Board
Community Appearance Board
City Commission
Date
Date
Date
Date
Stipulations of Final Approval:
Other Government Agencies/Persons to be contacted:
Additional Remarks:
Planning and Zoning Department - Rev. 3/18/97
S:\PLANNING\SHAREO\WP\FORMSIAPPS\NWSP\SITEPLAN.WPD
Page 7
Site Plan Review Application
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby
acknowledge, represent and agree that all plans, specifications, drawings,
engineering, and other data submitted with this application for review by the
City of Boynton Beach shall be reviewed by the various boards, commissions,
staff personnel and other parties designated, appointed or employed by the
City of Boynton Beach, and any such party reviewing the same shall rely upon
the accuracy thereof, and any change in any item submitted shall be deemed
material and substantial.
The undersigned hereby agrees that all plans, specifications, drawings,
engineering and other data which may be approved by the City of Boynton
Beach, or its boards, commissions, staff or designees shall be constructed in
strict compliance with the form in which they are approved, and any change to
the same shall be deemed material and shall place the applicant in violation
of this application and all approvals and permits which may be granted.
The applicant agrees to allowing the City of Boynton Beach all rights
and remedies as provided for by the applicable codes and ordinances of the
Ci ty of Boynton Beach to bring any violation into compliance, and the
applicant shall indemnify, reimburse and save the City of Boynton Beach
harmless from any cost, expense, claim, liability or any action which may
arise due to their enforcement of the same.
READ, ACKNOWLEDGED AND
"'" ('\ H.
AGREED TO this r~ day of
, 19 ~ J.
C~~
flp r.( 1)
~
Witness
Witness
Planning and Zoning Department - Rev. 3/18/97
S:\PLANNING\SHARED\WP\FORMSIAPPS\NWSP\SITEPLAN.WPD
.
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8lK= 8
ORCHARD LANDING
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set
forth by DIAMOND BEACH PROPERTIES, INC., its
successors or assigns, hereinafter referred to as
"Declarant".
WITNESSETH
WHEREAS, Declarant is the owner of certain property
in Palm Beach County, State of Florida, which is more
particularly described in Exhibit "A" of this
Declaration and desires to create thereon a planned
communitywith certain community facilities for the
benefit of the said community, and
...\
WHEREAS, Declarant desires to provide for the
preservation and enhancement of the property values,
amenities and opportunities in said community and for
the maintenance of the properties and improvments
thereon, and to that end desires to subject the
properties described in Exhibit "All to the covenants,
restrictions, easements, charges and liens hereinafter
set forth, each and all of which is and are for the
benefit of said property and each owner thereof, and
WHEREAS, Declarant has deemed it desirable, for the
efficient preservation of the values and amenities in
said community, to create an agency to which should be
delegated and assigned the powers of owning,
maintaining and administering certain common
facilities, as specified herein and administering and
enforcing the covenants and restrictions and
collecting and disbursing the assessments and charges
hereinafter created and promoting the recreation and
welfare of the residents, and
WHEREAS, Declarant has incorporated under the laws
of the State of Florida the ORCHARD LANDING
HOMEOWNERS' ASSOCIATION, INC., as a non-profit
corporation for the purposes of exercising the
functions aforesaid;
NOW, THEREFORE, Declarant hereby declares that all
of the properties described in Exhibit "All shall be
held, transferred, sold, conveyed and occupied subject
to the following easements, restrictions, covenants
and conditions, which shall run with the real property
and be binding on all parties having any right,title
or interest in the described properties or any part
thereof, their heirs, successors and assigns, send
shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Declaration" shall mean the covenants,
conditions and restrictions and all other provisions
herein set forth in this entire Document, as may from
time to time be amended.
Section 2. "Association" shall mean and refer to
ORCHARD LANDING HOMEOWNERS' ASSOOCIATION, INC.,its
successors and assigns.
Section 3. "Owner' or "Owners" shall mean and refer
to the record owner, whether one or more persons or
entities, of a fee simple title to any Lot which Is a
part of the Properties, including contract sellers,
but exluding those having such interest merely as
security for the performance of an obligation.
Section 4. 'Common Area' shall mean all real
property (including the improvements thereto) shown on
any recorded Plat of the Properties, which are owned
by the Association for the common use and enjoyment of
the owners.
Section 5. "Living Unit' or 'Living Units' shall
mean and refer to any structure situated upon the
Properties designed and intended for use and occupancy
as a residence by a single family.
Section 6 "Plat" shall mean and refer to the Plat
of ORCHARD LANDING, as recorded in Plat Book page
of the Public Records of Palm Beach County,
Florida.
Section 7. 'Lot" or "Lots" shall mean and refer to
any plot of land shown upon any recorded subdivision
map of the Properties with the exception of the Common
Area.
Section 8. 'Declarant' shall mean and refer to
HARVEY LANG, his successors and assigns if such
successors or assigns should acquire more than one
undeveloped Lot from the Declarant for the purpose of
development.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
A. The real property subject to this Declaration
has heretofore been platted as ORCHARD LANDING,
--~------~----_.~--_.__." ---- -
recorded in Plat Book , at page of the Public
Records of Palm BeachCounty, Florid~
ARTICLE III
COMMON AREA AND LAWNS
Section 1. Obligations of the Association The
Association, subject to the rights of the Owners set
forth In this Declaration, shall be responsible for
the exclusive management and control of the Common
Area and all improvements thereon (including all
personal property related thereto), and shall keep the
same in good, clean, attractive and sanitary
condition, order and repair.
Section 2. Additional obligations of the
Association. The right of the Association to dedicate
or transfer all or any part of the Common Area to any
public agency, authority or utility for such purposes
and subject to such conditions as may be agreed to by
the members. No such dedication or transfer shall be
effective unless an instrument agreeing to such
dedication or transfer signed by two-thirds (2/3) of
either class of members has been recorded.
Section 4. DeleGation of Use. Any owner may
delegate, in accordance with the By-Laws, his right of
enjoyment to the Common Area and facilities to the
members of his family, his tenants or contract
purchasers who reside on the property.
Section 5. Landscape Buffer. The Association shall
at all times maintain the perimeter landscape buffer,
as originally installed by Declarant.
Section 6. Street Lights. Street lights shall be
maintained by the Association and the operating costs
for them paid by the Association.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot which is subject to
assessment shall be a member of the Association.
Membership shall be appurtenan to and may not be
separated from ownership of any Lot which is subject
to assessment. ·
Section 2. The Association shall have two classes
of voting memberships:
Class A. Class A members shall be all Owners, with
the exception of the Declarant, and shall be entitled
to one vote for each Lot owned. When more than one
person holds an interest in any Lot, all such persons
shall be members.The vote for such Lot shall be
exercised as they determine, but in no event shall
more than one vote be cast with respect to any Lot.
Class B. The Class B member(s) shall be the
Declarant and shall be entitled to four votes for each
Lot owned. The Class B membership shall cease when
Class A member reaches three or on January 1, 2006,
whichever is earlier.
ARTICLE V
COVENANT AND MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal
ObliGation of Assessments. The Declarant, for each
Lot owned with a living un:Lt thereon, but not for
vacant Lots, hereby covenants, and each Owner of any
Lot by acceptance of a deed, is deemed to covenant and
agree to pay to the Association: (1) annual
assessments or charges, (2) special assessments for
capital improvements and (3) individual assessments,
such assessments to be established and collected as
hereinafter provided. All such assessments, together
wIth interest, late charges, court costs, reasonable
attorney's fees and other costs of collection thereof,
shall be a charge on the land and shall be a
continuing lien upon the property against which each
such assessment is made. Each such assessment,
together with interest thereon, late charges and costs
of collection thereof, including attorney's fees,
shall also be the personal obligation of the person
who was the owner of such property at the time when
the assessment fell due. The personal obligation for
delinquent assessments shall not pass to his
successors in title unless expressly assumed by them.
All liens created under this Declaration may be
foreclosed in equity in the same manner as is provided
for the foreclosure of mortgages upon real property,
and all costs of such foreclosure, including
attorneys' fees of the Association, shall be secured
by said lien.
Section 2. Purpose of Annual Assessments. The
annual assessments levied by the Association shall be
used exclusively to promote the recreation, health,
safety and welfare of the residents in the Properties
and for the improvement and maintenance of the Common
Area.
Section 3. Special Assessments for Capital
Improvements. In addition to the annual assessments,
_.~------, ---~-----._.~
the Association may levy, in any assessment year, a
special assessment applicable to that year only for
the purpose of defraying, in whole or in part, the
cost of any construction, reconstruction, repair or
replacement of a capital improvement upon the Common
Area, including fixtures and personal property related
thereto, provided that any such assessment shall have
the assent of a majority (51.%) of the votes of either
class of members who are voting in person or by proxy
at a meeting duly called for this purpose. No Owner
may waive or otherwise escape liability for the
assessments provided for herein by nonuse of the
Common Area or abandonment of his Lot.
Section 4. Notice and Quorum for any Action
Authorized Under Section 3. Written notice of any
meeting called for the purpose of taking any action
authorized under Section 3 shall be sent to all
members not less than thirty (30) days nor more than
sixty (60) days in advance of the meeting. At such
meeting, the presence of members or of proxies
entitled to cast a majority of all the votes of each
class of membership shall constitute a quorum.
Section 5. Uniform Rate of Assessment. Both annual
and special assessments must be fixed at a uniform
rate for all Lots and may be collected on a monthly
basis. .
Section 6. Date of Commencement of Annual
Assessments: Due Dates. The annual assessments
provided for herein shall commence as to all Lots
conveyed by the Declarant on the first day of the
month following the conveyance of title of the first
lot by the developer. The Board of Directors shall
fix the amount of the annual assessment against each
Lot at least thirty (30) days in advance of each
annual assessment period. Written notice of the
annual assessment shall be sent to every owner subject
thereto. The due dates shall be established by the
Board of Directors. The Association shall, upon
demand, and for a reasonable charge, furnish a
certificate signed by an officer of the association
setting forth whether the assessments on a specified
Lot have been paid. A properly executed certificate
of the Association as to the status of assessments on
a Lot is binding upon the Association as of the date
of its issuance. '
Section 7. Subordination of the Lien to Mortqaqe.
The lien of the assessments provided for herein shall
be subordinate to the lien of any first mortgage, or
other mortgage approved in writing by the Association.
Sale or transfer of any Lot shall not affect the
assessment lien. No sale or transfer shall relieve
such Lot from liability for any assessments thereafter
becoming due or from the lien thereof. All holders of
first mortgages on Lots in the Properties may, upon
written request from the Associations: (a) receive
timely written notice of meetings of the Association;
(b) inspect the financial records and similar
documents at reasonable Intervals during the normal
business hours; (c) receive written notice of any form
of condemnation, termination, abandonment or any
material amendment to the Declaration, By-Laws or
Articles of Incorporation, and (d) receive timely
written notice of any substantial damage or
destruction to the Common Area and/or amenities.
Notwithstanding any provisions herein, no land or
improvements devoted to and used for dwelling use
shall be exempt from said assessments, charges or
liens.
Notwithstanding all of the provisions of this
Section 7., where the mortgagee of a first mortgage,
or other mortgage approved in writing by the
Association, or other purchaser of a Lot obtains title
to the Lot as a result of foreclosure of the first
mortgage, or approved mortgage, or as a result of a
deed given in lieu of foreclosure, such acquirer of
title, its successors and assigns, shall not be liable
for the assessments levied by this Association
pertaining to such Lot or chargeable to the former
Owner of such Lot which became due prior to the
acquisition of title as a result of the foreclosure or
deed in lieu of foreclosure, unless such share is
secured by a claim of lien for assessments which is
recorded prior to the recording of the foreclosed.
mortgage. Such unpaid share of the assessments shall
be deemed to be collectible from all of the Owners,
including such acquirer, its successors and assigns.
A holder of a first mortgage or approved mortgage,
acquiring title to a Lot as a result of foreclosure or
a deed in lieu of foreclosure, may not, during the
period of its ownership of such Lot, whether or not
such Lot is unoccupied, be excused from the payment of
some or all of the assessments coming due during the
period of such ownership.
ARTICLE VI
NONPAYMENT OF ASSESSMENTS
\
Section 1. Delinquency. Any assessment provided
for in this Declaration which is not paid when due
shall be delinquent on said due date (the "delinquency
date'). if any such assessment is not paid within
thirty (30) days after the delinquency date, a late
------._--~ -
charge of $ may be levied and the assessment
shall bear interest from the delinquency date, at the
rate of eighteen percent (18%) per annum. The
Association may, at its option, and without waiving
the right to foreclose its lien against the Lot, bring
an action at law against the Owner personally
obligated to pay the same, and/or upon compliance with
the notice provisions set forth in Section 2 of this
Article, to foreclose the lien against the Lot. If
action is commenced, there shall be added to the
amount of such assessment the late charge, interest,
the costs of preparing and filing the complaint in
such action, and attorneys' fees incurred in
connection with the commencement of such action and in
the event a judgment is obtained, such judgment shall
include said late charge, interest and a reasonable
attorneylgs fee, together with the costs of action.
Each Owner vests in the Association or its assigns,
the right and power to bring all actions at law or
lien foreclosure against such Owner or other Owners
for the collection of such delinquent assessments.
Section 2. Notice of Lien. No action shall be
brought toforeclose said assessment lien or to
proceed under the powerof sale herein provided until
thirty (30) days after the date a notice of claim of
lien is deposited in the United States mail, certified
or registered, postage prepaid, to the Owner of said
Lot, and a copy thereof is recorded by the Association
in the Office of the Clerk of the Circuit Court of
Palm Beach County, Florida; said notice of claim of
lien must recite a good and sufficient legal
description of any such Lot, the record Owner or
reputed Owner thereof, the amount claimed (which shall
include interest on the unpaid assessment at the rate
of eighteen percent (18%) per annum, a late charge
plus reasonable attorneys fees and expenses of
collection in connection with the debt secured by said
lien), and the name and address of the claimant.
Section 3. Foreclosure Sale. Said assessment lien
may be enforced by sale by the Association, its
attorney or any other person authorized to make the
sale after failure of the Owner to make the payments
specified in the notice of claim of lien within said
thirty (30) day.period. The Association, through its
duly authorized agents, shall have the power to bid on
the Lot, using Association funds, or funds borrowed
for such purpose, at the sale, and to aquire and hold,
lease, mortgage and convey the same.
Section 4. Curinq of Default. Upon the timely
payment, or other satisfaction, of (i) all delinquent
assessments specified in the notice of claim of lien,
(ii) all other assessments which have become due and
payable with respect to the Lot as to which such
notice of claim of lien was recorded and (iii)
interest, late charges and attorneys' fees pursuant to
this Declaration and the notice of claim of lien which
have accrued, officers of the Association or any other
person designated by the Board are hereby authorized
to file or record, as the case may be, an appropriate
release of such notice, upon payment by the defaulting
Owner of a fee, to be determined by the Association,
but not to exceed Twenty-Five Dollars ($25.00)to cover
the costs of preparing and filing or recording such
release.
Section 5. Cumulative Remedies. The assessment
lien and the rights to foreclosure and sale thereunder
shall be in addition to and not in substitution for
all other rights and remedies which the Association
and its assigns may have hereunder and by law,
including a suit to recover a money judgment for
unpaid assessments. as above provided.
ARTICLE VIr
ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee. The
Architectural Control Committee (hereinafter referred
to as "ACC" consisting of three (3) or more persons
has been appointed by the Board of Directors of the
Association.
Section 2. Purpose. The ACC shall regulate the
external design, appearance, use, location and
maintenance of the Properties and of improvements
thereon in such a manner so as to, in ACC's sole
judgment, best preserve and enhance values and to
maintain a harmonious relationship among structures
and the natural vegetation and topography. Nothing
herein shall give the ACC authority to regulate,
control or determine external design, appearance, use
or location of Lots under development, to be
developed, or dwellings under construction, or to be
constructed or marketed or sold by the Declarant, its
successors or assigns.
Section 3. General Provisions.
(a) The ACC may delegate its plan review
responsibilities to one or more members of the ACC or
to the Association. Upon such delegation, the
approval or disapproval of plans and specifications by
such persons shall be equivalent to approval or
---_._~._--~-------~--,--,-
disapproval by the entire ACC. Unless any such rules
regarding submission of plans are complied with, such
plans and specifications shall be deemed not
submitted.
(b) The address of the ACC shall be the principal
office of the Association as designated by the Board
of Directors pursuant to the By-Laws. Such address
shall be the place for the submittal of plans and
specifications and the place where the current
Architectural Standards, if any, shall be kept.
(c) The ACC shall establish time limitations for
the completion of any architectural improvements for
which approval is required pursuant to the
Archttectural Standards.
(d) Plans and specifications are not approved for
engineering design, and by approving such plans and
specifications neither the ACC, the members thereof,
the Association its members. the Board of Directors of
the Association or Declarant assumes liability or
responsibility therefor, or for atiy dafect in any
structure constructed from such plans and
specifications.
Section 4. Procedures. in the event the ACC fails
to approve, modify or disapprove in wrIting an
application within thirty (30) days after plans and
specifications in writing have been submitted to it,
in accordance with adopted procedures, approval will
be deemed granted.
Section 5. Appeal. In the event plans and
specifications submitted to the ACC are disapproved
thereby, the party or parties making such submission
may appeal In writing to the Board of Directors of the
Association. The written request must be received by
the Board not more than thirty (30) days followjng the
final decision of the ACC. The Board shall have
forty-five (45) days following receipt of the request
for appeal to render its written decision. The Board
may reverse or modify the ACC decision by a two-thirds
(2/3) vote of the Directors. The failure of the Board
to render a decision within the forty-five (45) day
period shall be-.deemed a decision in favor of the
appellant.
Section 6. Conditions.
(a) No improvements, alterations, repairs, change
of paint colors, excavations, changes in grade or
other work which in any way alters the exterior of any
property or the improvements located thereon from its
"------- ~ ---
-- ---~._-~-'_._--------~..
natural or improved state existing on the date such
property was first conveyed in fee by the Declarant to
an Owner shall be made or done without the prior
approval of the Association and the ACC, except as
otherwise expressly provided in this Declaration. No
building, fence, wall, residence or other structure
shall be commenced, erected. maintained or ignproved,
made or done, nor any color thereof changed without
the prior written approval of the ACC.
(b) No clearing, grading, building, fence or other
structure shall be er~cted, placed or altered on any
Lot or parcel until tbe proposed building plans,
specifications, exterior color and/or finish,
landscaping plan and plot plan showing the proposed
location of such buildings or structure, drives,
parking areas, and landscaping and construction
schedule shall have been approved in writing by the
ACC, its successors or assigns. Refusal or approval
of plans, location or specifications may be based by
the ACC upon any reasons including purely aesthetic
conditions, which, in the sole discretion of the ACC,
shall be deemed sufficient. No alterations in the
exterioir appearance of any building or structure
shall be made without like approval by the ACC and by
the Association. One (1) copy of all plans and
related data shall be furnished to the ACC for its
records.
(c) No Lot shall be used as a dumping ground for
rubbish, trash or garbage. No noxious or offensive
activities shall be carried on upon any Lot nor shall
anything be done, thereon which may be or may become
an annoyance to the neighborhood.
(d) No fence, wall, hedge or shrub planting shall
be permitted on any Lot. except as may be approved by
the ACC.
(e) No signs of any character shall be erected,
pasted, posted or displayed upon or about any Lot or
part of any Lot without the written permission of the
ACC and the ACC shall have the right, In its sole
discretion, to prohibit or to restrict and control the
size, construction, material, wording, location and
height of all signs and may summarily remove and
destroy all unauthorized signs.
\
(f) No clothing, laundry or wash shall be dried on
any portion of the Lots in an area exposed to view
from any other Lot. Drying areas will be permitted
only in locations approved by the ACC and only when
protected from view by screening or fencing approved
by the ACC.
(g) No television or other outside antenna system
or facility shall be erected or maintained on any Lot
to which cable television service is then currently
available except with the specific consent of the ACC,
which consent may be unreasonably withheld.
(h) Unless specifically excepted by the ACC, all
improvements for which an approval of the ACC is
required under this Declaration shall be completed
within two (2) months from the date of commencement of
said improvements, except for construction of the
initial house.
(i) All dwelling units shall be a minimum of
square feet livable, air conditioned area. In
calculating the livable area, no areas, including, but
not limited to garages, lanaib, patios and courtyards,
other than livable area, shall be calciated. No
exception shall be allowed.
Section 7. Enforcement.
(a) The provisions hereof shall be liberally
construed to effectuate the purpose of creating a
uniform plan for the development and operation of the
herein described properties. Enforcement of these
covenants and restrictions shall be by the Association
by proceeding at law or in equity again:Bt any person
ox- persons violating or attempting to violate any
covenants or restrictions either to restrain or enjoin
violation or to recover damages, or both, and against
any Lot to enforce any lien created hereby. Any
person(s) violating or attempting to violate any of
these Covenants and Restrictions shall be obligated to
pay the Association all of the Association's
reasonable attorney's fees and costs incurred, which
sums shall be secured by a lien against any Lot owned
by said person(s). The failure or forebearance by the
Association to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver
of the right to do so thereafter.
(b) The failure of the ACC to insist in anyone or
more causes upon the strict performance of any of the
terms, covenant~,\ conditions, provisions or agreements
herein contained shall not be, construed as a waiver
or a relinquishment in the future of the enforcement
of any such term, covenant, condition, provision or
agreement. The acceptance of performance of anything
required to be performed with knowledge of the breach
of a term, covenant, condition; provision or agreement
shall not be deemed a waiver of such breach, and no
waiver by the ACC of any term, covenant, condition,
provision or agreement shall be deemed to have been
made unless expressed in writing and signed by the
ACC.
c) There shall be and theme is hereby created and
declared to be a conclusive presumption that any
violation or breach or any attempted violation or
breach of any of the within covenants or restrict-ions
cannot be adequately remedied by action at law or
exclusively by vecovery of damages.
ARTICLE VIII
USE OF PROPERTY
Section 1. Protective Covenants
(a) Residential Use. The Lots shall be used for
detached single family residence purposes only. Only
one single family residence of the type contemplated
herein each called a "Living Unit", shall be
constructed thereon in addition to outbuildings, such
as storage sheds, garages and greenhouses, for use in
connection therewith as may be approved by Declarant.
(b). Nuisances. No nuisance shall be permitted to
exist or operate upon any property so as to be
detrimental to any other property in the vicinity
thereof or its occupants.
(c) Commercial Use. Subject to Section 3 of
Article X hereof entitled "construction and sales', no
part of a Lot or Living Unit shall be used or caused
to be used or allowed or authorized in any way,
directly or indirectly, for any business, commercial,
manufacturing, mercantile, storing, vending or other
such nonresidential purposes.
(d) Vehicles. No trailer, camper, boat, bus,
pickup truck, commercial van, mobile home, motor home,
trailer, coach, tractor, commercial vehicles or
similar equipment shall hereafter be permitted to
remain upon any Lot, unless placed or maintained
within an enclosed garage, nor permitted to be parked
other than temporarily, on any street, alley or Common
Area within the. Properties. Temporary parking shall
mean parking of vehicles belonging to guests of
owners, delivery trucks, service vehicles and other
commercial vehicles being used in the furnishing of
services to the Association or the owners and parking
of vehicles as belonging to or being used by owners
for loading or unloading purposes.
(e) Animals. No animals shall be raised, bred or
kept on any Lot, except that dogs, cats, or other
household pets may be kept on the Lots, provided they
are not kept, bred or maintained for any commercial
purpose, or in numbers deemed unreasonable by the
Board of Dirmetors of the Association.
Notwithstanding the foregoing, no animals may be kept
on the Lots which in the judgment of the Board of
Directors of the Association or a Committee selected
by said Board for this purpose, result in an anoyance
or nuisance or are obnoxious to residents in the
vicinity. All animals permitted to be kept by this
Section shall be kept on a leash when on any portion
of the Properties except within a fenced-in portion of
a Lot.
(f) Unsightly Items. All weeds, rubbish, debrms,
or unsightly materials or objects of any kind shall be
regularly removed from the Lots and shall not be
allowed to accumulate threon. All refuse containers,
woodpiles, storage areas, machinery and equipment
shall be prohibited upon any Lot unless obscured from
view of adjoining streets, Lots, alleys or Common Area
nearest such portion of the property, except on
scheduled trash pickup days. Any fence or screen
required by this Section shall comply with any
standards promulgated by the ACC as to size, color or
other qualifications for permitted fences or screens.
(g) No Antennas. There shall not be placed,
buiit, installed or located on a building, Lot, Living
Unit or Common Area of the Property any antenna of any
nature or kind.
(h) Other Restrictions. The Association shall
adopt general 'rules to implement: the purposes set
forth in Article VII, Section 2, and interpret the
covenants in this Section, including, but not limited
to, vules to regulate animals. signs. storage and use
of Recreational vehicles, storage and use of
machinery, use of outdoor drying lines, trash
containers, planting, maintenance and removal of
vegetation on this Properties. Such general rules may
be amended by a two-thirds (2/3) vote of the
Association. and an affirmative vote of two-thirds
(2/3) of the Board of Directors. All such general
rules and any subsequent amendments thereto shall be
provided to the owners. The rules shall not
contravene any provision of this Declaration.
Section 2. Maintenance of Property. To the extent
that exterior maintenance of buildings on the Property
is not provided for elsewhere in this Declaration:
---------....--.-.---
(a) Each Owner shall maintain the exterior of his
Living Unit, walls, private fences and roof of his
Living Unit in good condition and repair and
(b) Each owner may install and thereafter maintain
in attractive and viable condition, additional
landscaping in accordance with the provisions of this
Article;
(c) Those fences which are constructed on the
property line of two (2) adjoining Lots and are to be
shared by the Owners of said adjoining Lots are to be
known as and are hereby declared to be "Party Fences".
Party Fences shall be the joint maintenance obligation
of the Owners of the Lots bordering the fence. Each
Owner shall have the right to full use of said fence
subject to the limitation that such use shall not
infringe on the rights of the Owner of the adjacent
Lot or in any manner impair the value of said fence.
In the enrent of damage or destruction of the party
fence from any cause whatsoever, other than negligence
or willful misconduct of one of the adjacent Lot
owners, the Owners shall, at their joint expense,
repair and rebuild said fence within thirty days,
unless extended by the Board of Directors of the
Association, and such Owners shall have the right to
full use as herein contained of said fence repaired or
rebuilt. In the event it shall become necessary or
desirable to perform maintenance thereon the whole or
any part of the party fence, such expense shall be
shared equally by the owners of adjoining Lots.
Whenever any such fence or any part thereof shall be
rebuilt. it shall be erected in the same manner and be
of the same size and of the same or similar materials
and of like quality and color and at the same location
where it shall initially be constructed. Provided,
that if such maintenance, repair or construction is
brought about solely by the neglect or the willful
misconduct of one (1) Lot owner, any expense
incidental thereto shall be borne solely by such
wrongdoer. If the Lot Owner shall refuse to repair or
reconstruct the fence within thirty days, unless
extended by the Board of Directors of the Association.
and to pay his share, all or part of such cost in the
case of negligence or willful misconduct, the adjacent
Lot Owner may request the Association to have such
fence repaired Qr reconstructed and the Association
shall be entitled to a lien on the Living Unit of
the Lot Owner so failing to pay for the amount of
such defaulting Owner's share of the repair or
replacement. In the event repairs or reconstruction
shall be necessary, all necessary entries on the
adjacent Lots shall not be deemed a trespass as long
as the repaire and reconstruction shall be done in a
workmanlike manner, and consent is hereby given to
enter on the adjacerit Lots to effect necessary
repairs and reconstruction.
(d) In the event an Owner of any Lot in the
Properties shall fail to maintain the exterior or of
the buildings and improvements as provided herein. the
Association, after notice to the Owner, shall have the
right to enter upon any Lot to correct drainage and to
repair, maintain and restore the exterior of tha
buildings and fences and any other improvements
erected thereon. All costs related to such correction,
repair or restoration shall become an Individual
Assessment upon such Lot and the Association shall be
entitled to a lien on the property.
Section 3. Platted - Open Spaces. No portion of
the plat of ORCHARD LANDING containing an open space
shall be vacated in whole or in part unless the entire
plat is vacated. Responsibility for the maintenance of
the Open Spaces shall exist with the Association.
Costs of such maintenance shall be assessed against
the members of the Association as a general assessment
Section 4. Destruction of Improvements. In the
event any Living Unit on any Lot is destroyed or
removed by or for any cause, said Living Unit, if
replaced, shall be replaced with a Living Unit of a
least similar size and type, however, not exceeding
the dimensions of the previous Living Unit. In
addition, any reconstructed Living Unit shall be
located within the confines of the Lot exactly as it
was located at the time of its initial construction.
Section 5. Eminent Domain. The term IItaking' as
used in this Article shall mean condemnation by
eminent domain or sale under threat of condemnation.
In the event of a threatened taking of all or any
portion of the Common Area, the members of the
Association hereby appoint the Board and such persons
as the Board may delegate to represent all of the
members in connection with the taking. The Board shall
act in its sole discretion with respect to any awards
being made In connection with the taking and shall be
entitled to make a voluntary sale to the condemnor in
lieu of engaging ~n the condemnation action. Any
awards received. on account of the taking shall be paid
to the Association. in the event of a total taking,
the Board may, in its sole discretion, retain any
award in the general funds of the Association or
distribute pro rata all or a portion thereof to the
members. The right of an owner and the Mortgagee of
his Lot as to such pro rata distribution shall be
--~------
-----~------
governed by the provisions of the Mortgage encumbering
such Lot.
ARTICLE IX
INSURANCE
ORCHARD LANDING HOMEOWNERS ASSOCIATION, INC. shall
obtain bodily injury, property damage and personal
injury insurance in such amounts and providing such
coverage as the Board of Directors of the Association
may determine from time to time insuring the Common
Area. The Association shall also obtain casualty
insurance Insuring any personal property owned by the
Association in and for the interest of the
Association, in a company acceptable to the standards
of the Board of Directors in an amount equal to the
maximum insurance replacement value. as determined
from time to time by the Board of Directors.
Owners of Lots within the properties shall
obtain fire and extended coverage insurance to the
full replacement value of the Living Unit and all
other buildings on such owner's Lot and liability
insurance. Following any fire or other casualty, the
Owner shall be obligated to clear the property of all
debris and rebuild within a reasonable time.
ARTICLE X
EASEMENTS
Section 1. Amendment to Eliminate Easements. This
Declaration cannot be amended to modify or eliminate
the easements reserved to Declarant or the easements
created or described in this Declaration without prior
written approval of Declarant and any attempt to do so
shall have no effect .
Section 2. Utility Easements. There is hereby
reserved to the Declarant an easement upon, across,
over, through and under the Lots for ingress, egress,
installation, replacement, repair and maintenance of
all utility and service lines and systems including,
but not limited to, water, sewer, gas, telephone,
electr.icity, television, cable or communications
lines and systems for those utilities initially
installed by the Declarant, together with the right to
grant and transfer the same. This easement shall in no
way affect any other recorded easements on said
premises.
Section 3. Construction and Sales. There is hereby
reserved to Declarant, including, without limitation,
its sales agents and representatives and prospective
~ ----_._-"-"-----~._-------_._-,----_.._...__..-
purchasers of Lots together with the right in
Declarant to grant and transfer the same, over the
Common Area as the same may from time to time exist,
easements for construction, display and exhibit
purposes in connection with the erection and sale or
lease of Lots and Living Units within the Properties.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any
Owner, shall have the right to enforce. by any
preceding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges
now or hereafter imposed by the provisions of this
Declaration or any amendments hereto. Failure by the
Association or by any owner to enforce any covenant or
restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
Section 2. SeverabilIty. Invalidation of anyone
of these covenants or restrictions by judgment or
court order shall in no way affect any other
provisions which shall remain in full force and
effect.
Section 3. Amendment. This Declaration may be
amended during the first twenty (20) year period by an
instrument signed by not less than percent
( %) of the Owners, and thereafter by an instrument
signed by not less than percent
( %) of the Owners. Any amendment must be recorded
in the Public Records of Palm Beach County, Florida.
Notwigoing, no amendment of th:Ls Declaration
of Restrictions shall become effective if such
amendment affects any Lot in a manner which affects
the security or value of the security of any first
mortgage or approved mortgage upon any Lot, without
the written consent of such first mortgagee or
approved mortgagee.
Section 4. Term. The covenants, conditions and
restrictions of this Declaration and any duly adopted
and recorded amendment shall run with and bind the
real property subject to this Declaration for a period
of twenty-one (21) years from the date of this
instrument, at which time said covenants, conditions
and restrictions,' as they may be amended, shall
automatically be renewed for successive periods of ten
years each unless the Owners of percent
( %) of the acreage of real property subject to this
Declaration agree to te~minate these covenants,
conditions and restrictions and record an instrument
in writing signed by such Owners indicating such
agreement in the Public Records of Palm Beach County,
Florida, at any time within a six month period of time
prior to the end of any such ten year renewal date. In
the event there is any inconsistency between this
provision and any provision contained in this
Declaration regarding amendment of same, the
procedures contained in this provision with regard to
termination of this Declaration shall control over the
procedures contained in any amendment provisions
herein.
Section 5. Liability. The Declarant, its assignees
and nominees shall not in any manner be held liable or
responsible, either directly or indirectly, for any
violation of these Protective Restrictions by any
person or entity other than itself.
Section 6. Dissolution. In the event of
dissolution of the Association, for whatever reason,
any Owner may petition the Circuit Court of the
Fifteenth Judicial Circuit of the State of Florida for
the appointment of a Receiver to manage the affairs of
the dissolved Association and the Properties in place
and instead of the Association and to make such
provisions as may be necessary for the continued
management of the affairs of the dissolved Association
and the Properties.
IN WlTNESS WHEREOF, DIAMOND BEACH PROPERTIES, INC.
by and through its President, HARVEY LANG has caused
this Declaration to be executed on this day of
, 199
,
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------~
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TABLE OIl CONTENTS
INTROOOC'XION. . . . . . . . . . . . . . . . . . . . . . . . . . . .1
I.OCATION MA.P............................ 2
PERCENT TRAFFIC DISTRIBUTION............3
TRA~FIC GENERATION RATES................4
PROJEC'XS BUILOOUT.......................5
MAJOR PROJBC'X MA.P.......................6
TEST 1 & 2..............................7
TEST 1 TRIP DISTRIBUTION......... ,.......8
EXISTING AND PROFOSED LEVEL OF SERVICE..9
PEAK HOUR.........................10 - 11 - 12
RECOMMENDATIONS & CONCLUSIONS..........13
~
.... ~ .\
INTRODUCTION
J
Orchard I"UlcHng is the site of a propOsed 3 lot, s1nale family
I
.l
subdivision, which will be located on the east side of US 1, 1/2 mile south of
51 15th Avenue. This site is in the municipal limits of Boynton Beach
Florida.
The !W'pose of this Traffic Impact Analysis is to determine the impact of
these 3 single family dwelling units on the surrounding roadway system and
compliance with Palm Beach CoWlty~S Traffic Performance Standards.
Access to the site will be from private roadway onto US 1.
'1-1.
-1-
rllCA~I~~_~
'"
1 .. ve
2 E
3
4
St
Ancllewi
Club
T 45S
T465
-2-
...4
\~. ~ .:.
",..
,..
PERCRNT TRAFFIC DISTRIBUTION
US 1
4 lane
70X
t
r-
Proj ect Entra.."lce Road
-3-
TRAFFIC GRNiRATION RATES
Trip Generation Rates are taken from Palm Beach County~s
Fair Share Contribution for Road Improvements and are as follows:
Units:
Sinale Family Dwelling Unite
3 x 10 Tripe Per DAellin.i Unit
Total Trios Per Dav:
=
30 TID
The Traffic Performance Standarda require that the 30 external
tripe/day be distributed throughout the roadway network assUlllin& 100%
occupancy and development based upon the trip distribution identified on the
previous pase. This Traffic assignment constitutes Test #1 identified in the
County~ s Mandatory Traffic Performance Standards. In this test with the
project traffic less than 200 trips per day, the projects external traffic
must be distributed is required to be distributed to the directly accessed
link, or US 1.
-(-
PROJHCT BUlLOOUT
All Buildini Permits for the proposed project are expected to be
obtained prior to the fall of 1997. This data includini the historical arowth
rate will be added to the surround~ roadway network. Based on these
8asumptionB, buildout for this project will be a twelve month time period,
endins in the fall of 1997.
-5-
MAJOR PROJRCT MAP
Provisions of the Traffic Performance Code dictate that all major
projects within the project radius of influence during the build out period of
the proposed project shall be specifically accoWlted for in projecting
background traffic. A major project is defined as:
Any PROJECT, including those within municipalities, which is:
(A) A Developnent of Regional Impact;
(B) A PROJKCT which generates more than seven thousand
(7,000) trips;
(e) Any PROJECT of any type or size which is contractually bound to
financing or constructing any portion of a Major Thoroughfare which is not
site related;
Given the short buildout time frame for this project, and the location
there are no major projects within the Study Area which will influence the
project.
-6-
.1
RADIUS OF DEVJU11PKKNT INFIlIENCR TRST 1 & 2
TEST 1 - The Traffic Performance Standards require under Test 1 that
the projects traffic be distributed tbrou&hout the roa~ay system identified
in Table 2 as outlined belo~:
Het Trip Generation tfaximum Distance
1 - 200 adjacent roadway
Traffic distribution shown on page 8 of this report, distributes traffic
throU,ihout the road system in accordance with Test #1. The directly accessed
link in this case, US 1 will be analyzed. The results indicate on paae 9 of
this report that none of the roadway links exceed Level of Service D. This
request therefore does not violate Test #1.
TEST 2 - As the total trips are less than 60 trips per day, this project
also passes Test 2 as provided for in the Traffic Performance Standards
Ordinance.
-7-
20639
*21*
20660
20639
*9*
20648
LKGlnm
TRST #1 - TRIP DISTRIBUTION
US 1
41a.ne
20639 PROJECTED 1996/97 AM
BASED ON TRAFFIC INCREASE OF
3X1YEAR
*21* PROJICT TRAFFIC
20660 TOl'AL TRAFFIC
30
Project Entrance Road
-8-
N
. BIB
EXISTING 8r. PROPOSED LHVRL OF SERVICR
BIB
US 1
Projects Kntrance
-9-
PRAX HOUR
Peak Hour Generation Rates are shown on pages 11 8& 12 of this report for
the si.ncle family subdivision. These ra.tes were obtained from the ITE Trip
Generation Manual and are as follows:
3 S~le Family Dwellina Units:
a} A.M. Peak Hour
.867 x 1n 43 + .398 = 4 TripsjHour
b} P.M. Peak Hour
.902 x In 43 + .528 = 5 TripsjHour
Directional splits are based upon the following:
AM
PEAK HOUR
VOLUMR
4
Ri
PEAK HOUR
VOll1MB
5
RNTERING
1
RXITING
3
KN'l'RRING
3
KXITING
2
-10-
._--_.__._---------,._---~-'-
.
PROJRCTS AM PRAK HOUR TRAFFIC
~
N
US 1
t3
r
PrOJect8 Entrance
LRGRND
3 - PROJECTS PKAK HOUR TRAFFIC
-11-
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PROJECTS PM PRAK HOUR TRAFFIC
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US 1
N
t=2
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Proj ecta Entrance
LRGRND
3 - PROJECTS PBAK HOUR TRAFFIC
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RECX>HMKNDATIONS & roNCLUSIONS
This project passes both Test #1 and Test #2 'j)f Palm Beach County's
Traffic Performance Standards Ordinance. Test #1 requires the projects
traffic be assigned throughout the roadway network and then added to the
existins traffic volumes. None of the roadway links exceed their roadway
capacities. This project also passes Test #2, which requires that sites with
less than 50 vehicle trips per day not be required to address any link of
roadway. The highest peak hour volume for vehicles entering the site occurs
in the Ri peak hour. An estimated 3 vehicles per day is projected to turn
ri&ht into the site from US 1. None of the peak hour volumes shown on pa.je 11
. 12 require additional roadway ~rovements, or signal requirements.
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