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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 "~r' 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, / ~ ,.1 ,/ /.~ /f -Z-, ... .- -r ....,::.,..... L -! f~ ~ Jr'L ____~;-,~..>:i-~ " . /:.' ',.' { Tambri J. Heyden, 'AICP Planning and Zoning Director '/ TJH:bme 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. -----.-..."'... HL:ja .,~"",","'~" '\ . . . ~r:-~ @. ~- u ..~.f,..I...jl..\.~' 2 9 'ClCi-r " i 'u 1 APR ;. " ~ ""..I L __.,,----3. 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: ~o\oc:;- I fl\.i:; NIv,\S9 CYI-Q l \ I 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. ~,J ate ~9> I , '/ 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 . /' ,. 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 , \ \ \ r l:\ o~ \ 1- (fU~@~ \\D~\l- 'tlll3flC 1~t.Ct 1>lII>L1S15 OR~ tAllD1NG 1lO~ lliACII. yUlP.l1l1> pttipARED B1: OU;tJ. " t.SSOC1t.1i5. lNC. .,mst l'tJ,.I1lliAC11' ilDR1Dt. Si~i.R 1996 ( \ .... ~ ~ I - ' /;1 / '~( A~~ 2. ( '991 ------~ . . .. I{~ 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- . -~---------- --- --~--- '. PROJECTS PM PRAK HOUR TRAFFIC ~ US 1 N t=2 r Proj ecta Entrance LRGRND 3 - PROJECTS PBAK HOUR TRAFFIC -12- . . 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. -13-