Page Yamato Road Commercial Center- CM memo CA-13-05/

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2 Page Yamato Road Commercial Center- CM memo CA-13-05/ amendment to the Declarations, including termination, be decided by a public hearing before the City Council. Staff proposes and supports a resolution that will release all of the Declarations subject to approval of the Project. Also related to this Petition, staff will release three (3) existing unity of titles currently on record on the Property. The Release of Unity of Title ("Release") will release and cancel all of the terms, conditions and provisions of the three (3) existing unity of titles. The Release shall be executed by the City Manager and recorded in the public records of Palm Beach County. Prior to construction of the project, a new unity of control in lieu of a unity of title will be recorded in the public records to join the uses and parcels that now comprise the Project. Finally, concurrent with this Petition, is an application for an easement abandonment to abandon an existing water and sewer easement that encroaches on portions of the Project (City Case File No. EA-14-04). The ordinance for the abandonment will be considered by the City Council contemporaneously with the Petition. PROPERTY DESCRIPTION The Property consists of two (2) separate parcels, the western parcel addressed at 351 East Yamato Road (1.65 acres) and the eastern parcel addressed at 331 East Yamato Road (2.0 acres), totaling 3.65 acres. The Property is currently zoned Motel-Business (R-B-1) and Professional Office & Institutional (POl) and has a future land use designation of Commercial (C). The Property is located in the Northeast Planning Area (North Federal Highway Master Plan Area) as designated in the City's comprehensive plan. BACKGROUND In 1989, the City Council approved a UC request on the eastern parcel for a rezoning from the Professional Office & Institutional (POl) zoning district to the Motel-Business (R-B-1) zoning district with a conditional use for two (2) retail structures and a restaurant with a technical deviation for the design of the eastern driveway and tentative plat approval (City Case File No. UC-89-05, Ordinance No. 3798, Resolution No ). Shortly thereafter, the building containing a Sound Advice showroom and Pizza Hut restaurant use was constructed. The separate retail building was never constructed. In 1992, the City Council approved a modification to UC (City Case File No. UC-89-05R1, Resolution No. 1-92) and the petitioner included an additional UC request to rezone the western parcel from the POl zoning district to the R-B-1 zoning district with a site plan approval for a bank/retail facility and tentative plat approval (City Case File No. UC-90-02, Ordinance No. 3975, Planning and Zoning Board Resolution No , Resolution No ). The two (2) UC approval petitions (UC-89-05R1 and UC-90-02) were interrelated with a minor modification to relocate the western property line of the Sound Advice/Pizza Hut site plan and tentative plat. These applications also included revised deed restrictions with the site plan that reflected the Sound Advice/Pizza Hut structures and deleted the second retail structure that was approved in Subsequently after receiving the rezoning UC approval for the western parcel, portions of the western parcel were paved and both parcels encompassing the western and eastern parcels received final plat approval. Thereafter, no building permit was ever issued for the structures proposed on the western parcel (bank/retail facility) and therefore the rezoning request on the western parcel expired and the zoning designation reverted back to POl. The Applicant associated with this Project now desires to develop both the eastern and western parcels under one (1) unified site plan. 2

3 Page Yamato Road Commercial Center- CM memo CA-13-05/ DISCUSSION Douglas Mummaw, AlA, NCARB, agent for Yamato Investments, LLC ("Applicant"), has filed the applications necessary for development of the proposed Project, as part of an overall UC application, including: a rezoning of the western portion of the Property, a site plan, and conditional use approvals for a freestanding restaurant with a bar and in line fast food restaurant. Although this Petition involves a UC rezoning approval, a super-majority vote by the City Council is not required. Approval of all of the components of this Petition (UC application) will require approval by the City Council (non super-majority vote). On July 1, 2014, the Project was presented to the North Federal Highway Steering Committee (NFHSC) for their input. The NFHSC discussed lighting, landscaping, and the pedestrian scale of the Project. The NFHSC unanimously expressed support for the Project with a request that the Project provide staff with a detailed landscape plan with decorative elements such as pedestrian scale lighting. On October 9, 2014, the Planning and Zoning Board ("Board") conducted a public hearing on all of the components of the Universal Conditional Approval (UC) application. One letter of support from the adjacent Advent Lutheran Church was presented to the Board. No members of the public spoke on the Project. Following the public hearing, the Board approved the site plan component of the UC application and recommended approval of the other accompanying applications by a vote of 6-1. The Board resolution approving the site plan (Resolution No ) is attached as an exhibit to the applicable accompanying applications. PROJECT DESCRIPTION As previously stated, the site is comprised of two (2) parcels (eastern parcel-351 East Yamato Road and western parcel- 331 East Yamato Road) and is approximately 3.65 acres in area. Presently, the eastern parcel is developed with an existing 17,330 square foot showroom use (Sound Advice). A 3,243 square foot Pizza Hut restaurant abutting the Sound Advice building has recently been demolished, and its conditional use approval abandoned. The western parcel is presently vacant but contains some asphalt parking spaces. The Applicant proposes to redevelop the site with a new 35,182 square foot commercial center consisting of a 10,000 square foot child care center with an enrollment of 174 children (The Learning Experience), a 2,352 square foot retail space, a 1,500 square foot inline fast food restaurant with a drive through (Dunkin Donuts), a 4,000 square foot free-standing restaurant with a bar, and the existing 17,330 square foot showroom use (Sound Advice). The existing Sound Advice showroom use, proposed child care center, and retail space are permitted uses in the R-B-1 zoning district. However, conditional use approvals to allow the 1,500 square foot inline fast food restaurant and 4,000 square foot freestanding restaurant are required in the R-B-1 zoning district and have been requested. Vehicular access will be provided through two (2) existing driveway connections to Yamato Road, both classified as intermediate. The eastern driveway is a right-in/right-out connection and the western driveway is channelized as a right-in/left-in/right-out connection. Conceptual driveway approval for these driveway connections has been obtained from the Florida Department of Transportation (FOOT). The site plan also provides for cross-access enabling connections to the sites to the west, east, and north of the Project. With regards to pedestrian access, the Project contains pedestrian connections to the sites to the north and west and to Yamato Road. Decorative paver sidewalks connect the uses within the Project as well as to the sites to the north and west. The height of the various uses within the Project will vary slightly. The existing showroom building (Sound Advice) will remain at 2-stories, 30 feet in height. The height of the other uses on the site are as follows: free-standing restaurant, 1-story, 19 feet in height; in-line fast food restaurant, 1-3

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8 1 Section 2. If approved, the use of the Property as described herein shall be subject to 2 the following conditions, which are in addition to all applicable requirements of the Code of 3 Ordinances: 4 For purposes of these conditions, the term "Petitioner" shall include the property owner, 5 applicant, petitioner, lessee, tenant, heirs, successors in title, or any other relevant party having 6 a lawful interest in the Property for which this resolution is granted The conditional use requested herein shall be subject to those conditions of 8 approval of that certain site plc_in under Resolution No , attached as Exhibit "1", 9 approved by the Planning and Zoning Board on October 9, 2014, and such conditions are 10 hereby included herein, and made a part hereof (as same resolution was approved and not 11 including any subsequent amendments thereto, other than those approved by the City Council 12 herein) and a violation of any such condition shall constitute a violation under this development 13 order The square footage of the entire free standing restaurant with a bar shall not exceed 4,000 square feet. 3. The 4,000 square foot free standing restaurant with a bar shall include a 500 square foot patio which shall be roofed and attached to the restaurant building with exterior walls. 19 Section 3. Each of these conditions has been offered by the Petitioner for this 20 conditional use, and the Petitioner has represented to the City of Boca Raton that it is the 21 express intent of the Petitioner to be governed by the conditions contained herein, which 22 conditions shall govern development of the Property, and that said conditions shall bind the 23 Petitioner. These conditions are adopted pursuant to the City's authority and all applicable 24 provisions of law. Adherence by the Petitioner to these conditions is deemed by the City to be 25 an integral part of its determination that adoption of this resolution is an appropriate exercise of 26 its power to approve the conditional use with respect to the property described in Section 1. If 3

9 1 any condition (including voluntary proffers) set forth herein is declared invalid or unenforceable 2 for any reason, the City expresses its intent that it would not have enacted this resolution 3 without each of said conditions. In addition to any and all available remedies, failure to abide by 4 each of these conditions may result in the revocation of this development approval and the 5 rendering of the development (and the use of the Property as contemplated in this conditional 6 use approval) unlawful pursuant to the City's Code of Ordinances. 7 Section 4. If any section, subsection, clause or provision of this resolution is held 8 invalid, the remainder shall not be affected by such invalidity. 9 Section 5. All resolutions or parts of resolutions in conflict herewith shall be and 10 hereby are repealed. 11 Section 6. This resolution shall take effect immediately after Ordinance No modifying the City's Zoning Map, and shall not become effective unless and until Ordinance No becomes effective. 14 Section 7. The conditional use approval hereby granted shall have a duration period of 15 eighteen ( 18) months from the effective date of Ordinance No. 5287, modifying the City's Zoning 16 Map for the Property, and shall expire at that time, and be null and void and of no further effect, 17 unless a main use building permit for such construction has been issued. Thereafter, the 18 conditional use approval shall remain in full force and effect only with respect to improvements 19 for which such building permit has been timely issued and construction has proceeded 20 thereunder through issuance of a certificate of occupancy (and shall be null and void and of no 21 further effect with respect to improvements for which no permit has been issued, the permit has 22 expired, or has been abandoned. In the event of any requests for extension, or other action on 23 this development order which extends the time for issuance of a main use building permit 24 beyond the expiration date as provided herein, the Petitioner shall be required to provide a 25 revised traffic study to include the then existing background traffic and retest for concurrency 26 and consistency. 4

10 1 PASSED AND A?0PTED by the City Council of the City of Boca Raton this day 2 of, ATTEST: Susan S. Saxton, City Clerk COUNCIL VOTE YES MAYOR SUSAN HAYNIE DEPUTY MAYOR CONSTANCE J. SCOTT COUNCIL MEMBER MICHAEL MULLAUGH COUNCIL MEMBER SCOTT SINGER COUNCIL MEMBER ROBERTS. WEINROTH CITY OF BOCA RATON, FLORIDA Susan Haynie, Mayor NO ABSTAINED 5

11 1 2 Exhibit "1" RESOLUTION NO A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF BOCA RATON CONSIDERING A SITE PLAN TO CONSTRUCT A COMMERCIAL CENTER CONSISTING OF A CHILD CARE CENTER, RETAIL SPACE, AN INLINE FAST FOOD RESTAURANT WITH A DRIVE-THROUGH, A FREE-STANDING RESTAURANT WITH A BAR, AND AN EXISTING SHOWROOM (SOUND ADVICE) WITH A TECHNICAL DEVIATION FROM SECTION (cc), CODE OF ORDINANCES, RELATED TO THE ELIMINATION OF A DROP-OFF/PICK-UP AREA FOR A CHILD CARE CENTER; FOR THE YAMATO ROAD COMMERCIAL CENTER LOCATED AT E YAMATO ROAD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE (UC-13-05/SPA/ ) WHEREAS, the Planning and Zoning Board ("the Board") is charged with conducting 22 public hearings on petitions for site plan approval and technical deviations for all commercial, 23 industrial, multifamily and miscellaneous developments in the City of Boca Raton; and 24 WHEREAS, Yamato Investments, LLC, owner of the real property described in Section 1 25 hereof ("Owner"), which real property shall hereinafter be referred to as the ("Property") has 26 authorized Douglas A. Mummaw, AlA, NCARB, agent for the Owner to contemporaneously file

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13 1 WHEREAS, the Board has found the Petition to be consistent with the City's 2 Comprehensive Plan future land use designation of Commercial (C) and the City's Land 3 Development regulations; now 4 THEREFORE BE IT RESOLVED BY THE BOARD: 5 6 Section 1. The Site Plan attached hereto as Exhibit "A" is hereby approved for the 7 property described below (the "Property"), subject to the Conditions of Approval provided in 8 Section 4: 9 All of a replat of 351 Yamato Road, according to the plat thereof, recorded in Plat 1 0 Book 70 pages of the public records of Palm Beach County, Florida Said lands situate in the City of Boca Raton, Palm Beach County, Florida and 13 containing 159,029 square feet (3.651 acres) more or less Section 2. A technical deviation from Section (cc), Code of Ordinances, to allow 17 for the elimination of a drop-off/pick-up area for a child care center and justified by a Parking 18 Analysis (technical deviation analysis) from MacKenzie Engineering & Planning Inc., date 19 stamped received by the Development Services Department on July 25, 2014, is hereby 20 approved. 21 Section 3. The required parking associated with this Petition is predicated upon a 22 shared parking analysis (Parking Analysis) prepared by MacKenzie Engineering & Planning 23 Inc., date stamped received by the Development Services Department on July 25, 2014, which 24 has been found to be consistent with the requirements of Code Section (kk). 25 Section 4. Conditions of Approval: 26 For the purposes of these conditions, the term "Applicant" shall include the property 27 owner, applicant, petitioner, lessee, tenant, heirs, successors in title, or any other relevant party 28 having a lawful interest in the Property for which this resolution is granted. 29 (1) The plans and drawings submitted with the building permit application for the 30 buildings shall be consistent with the plans and drawings submitted by the Applicant for this 3

14 1 approval, specifically the site plan entitled Yamato Road, prepared by Mummaw and 2 Associates, Inc., date stamped received by the Development Services Department on July 23, (the "Site Plan"). 4 (2) The plans and drawings may be modified as required by the Code of Ordinances 5 or by the Community Appearance Board acting within the scope of its powers and duties which 6 are limited to review of the building permit application for consistency with the approved plans. 7 (3) Prior to the issuance of a main use building permit, the Applicant shall: 8 a) Submit water, sewer, paving and drainage plans for on-site and off-site 9 improvements which shall be reviewed and approved by City Staff Responsible for Public Works 10 Review and other required governmental agencies; 11 b) Provide a letter of credit or cash bond, in a form acceptable to the City Attorney, 12 in an amount equal to 110% of the cost of construction for all of the off-site improvements, to 13 ensure timely and complete construction; 14 c) Obtain a permit from the Florida Department of Transportation (FOOT) for all 15 work in the Yamato right-of-way. The Owner shall be required to comply with any roadway 16 improvements and right-of-way dedications required by FOOT; 17 d) Execute and deliver to the City for recordation, along with applicable fees, in the 18 forms attached hereto, at the locations depicted on the approved site plan: 19 i. A thirty (30) foot wide ingress/egress easement, for the purpose of providing 20 common vehicular access to the abutting parcel to the west at the location depicted on the 21 approved site plan; 22 ii. A thirty (30) foot wide ingress/egress easement, for the purpose of providing 23 common vehicular access to the abutting parcel to the north at the location depicted on the 24 approved site plan; 4

15 1 iii. A thirty (30) foot wide ingress/egress easement, for the purpose of providing 2 3 common vehicular access to the abutting parcel to the east at the location depicted on the approved site plan; and 4 iv. A ten (1 0) foot wide ingress/egress easement access easement, for the purpose of providing cross pedestrian access with the adjacent parcel to the north at the locations depicted on the approved site plan; e) Execute and deliver to the City for recordation, along with applicable fees, in the form attached hereto, a declaration of covenants and restrictions that restricts the 17,330 square foot building on the site to a specialty furniture store (showroom) type land use; f) Execute and deliver to the City for recordation, along with applicable fees, in the form attached hereto, a Unity of Control in Lieu of a Unity Title for the Property; g) Execute and deliver to the City for recordation, along with applicable fees, a Release of Unity of Title ("Release") that releases and cancels all of the terms, conditions and provisions of the three (3) existing Unities of Title currently on record on the Property. The release shall be executed by the City Manager and recorde.d in the Public Records of Palm Beach County, Florida; h) The building permit drawings shall indicate that the minimum building size of the entire free-standing restaurant with a bar shall not exceed 4,000 square feet. The 4,000 square foot free standing restaurant with a bar shall include a 500 square foot patio which shall be roofed and attached to the restaurant building with exterior walls; 21 i) If the entire site is not constructed in one phase, submit to the City Staff 22 Responsible for Public Works Review information on each phase. Each phase will be required 23 to stand on its own pertaining to all infrastructure requirements, landscaping, parking, and traffic 24 patterns. A construction plan that includes phasing, staging areas and a traffic maintenance 25 plan will be required for each phase. The Applicant will be required to provide all necessary 26 data for each phase to assure that these requirements are being met; 5

16 j) Demonstrate compliance with the Palm Beach County "Fair Share Contribution for Road Improvements" Ordinance by submission of evidence of payment, if applicable, of an amount to be determined; k) Remit payment for the voluntarily proffered contribution of $22,400 to the City's Beautification Program ($4,000 was paid under the previously approved Sound Advice development approval); I) Have abandoned all easements in conflict with the site plan and have the abandonments perfected. Such abandonment(s) is/are subject to a public hearing before the City Council and consideration and decision by the same; and m) Have secured approval of the release of three (3) existing declaration of covenants and restrictions (collectively, the "Declarations") currently on record on the Property. The release of Declarations that established various covenants and restrictions affecting future development of the Property involves the following documents: Declaration of Coven~nts and Restrictions executed January 7, 1991 and recorded in Official Records Book 6698, Page 89; and, two (2) Declarations of Covenants and Restrictions executed on February 19, 1993 and recorded in Official Records Book 7944, Page 1194 and Official Records Book 7944, Page 1200, in the Public Records of Palm Beac;:h County, Florida (collectively, the "Declarations"). Such release of the Declarations is subject to a public hearing before the City Council and consideration and decision by the same. It shall be the Applicant's responsibility to submit the release sufficiently in advance of a request for a building permit to enable the consideration by the City Council to be concluded in advance of the Applicant's request for a building permit. It shall also be the Applicant's responsibility to execute and record the release of the Declarations in the Public Records of Palm Beach County, Florida. In the event the release is not granted, no building permit shall be issued. 25 6

17 1 2 (4) a) Prior to the issuance of a Certificate of Occupancy, the Applicant shall: Complete and obtain approval for all improvements shown on the approved 3 Public Works Review plans including both off-site and on-site improvements; 4 b) Pave to the adjacent property lines, with appropriate breaks in the 5 landscaping/buffering, the vehicular and pedestrian cross access connections referenced in 6 Condition No. 3.d); and 7 c) Resurface the parking areas on the site and provide recurbing on the site. 8 (5) No outside seating/outdoor customer service area shall be allowed for the fast- 9 food restaurant. 10 (6) No student may be dropped off at a queue or outside the child care center facility 11 and each student must be escorted in and picked up within the facility. 12 (7) The Applicant shall manage employee parking on the site such that parking for 13 employees is in the northern portion of the site behind the showroom use. 14 (8) At the time of renewal of the Business Tax Certificate for the Sound Advice 15 business, the Business Tax Certificate for the Sound Advice business shall be amended to 16 reflect that the use on the site is a furniture/showroom use rather than a retail use. 17 Section 5. Each of these conditions has been offered by the Applicant for this Site Plan, 18 and the Applicant has represented to the City of Boca Raton that it is the express intent of the 19 Applicant to be governed by the conditions contained herein, which conditions shall govern 20 development of the property, and that said conditions shall bind the Applicant. These conditions 21 are adopted pursuant to the City's authority and all applicable provisions of law. Adherence by 22 the Applicant to these conditions is deemed by the City to be an integral part of its determination 23 that adoption of this resolution is an appropriate exercise of its power to approve the site plan 24 with respect to the property described in Section 1. If any condition (including voluntary 25 proffers) set forth herein is declared invalid or unenforceable for any reason, the City expresses 26 its intent that it would not have enacted this resolution without each of said conditions. In 7

18 1 addition to any and all available remedies, failure to abide by each of these conditions may 2 r~sult in the revocation of this development approval and the rendering of the development (and 3 the use of the Property as contemplated in this site plan approval) unlawful pursuant to the 4 City's Code of Ordinances. 5 Section 6. The conditions contained in Section 4 may be revised by the City Council as 6 part of its adoption of the ordinance described in Section 10 without further action of the Board. 7 Section 7. If any section, subsection, clause or provision of this resolution is held 8 invalid, the remainder shall not be affected by such invalidity. 9 Section 8. All resolutions or parts of resolutions in conflict herewith shall be and hereby 10 are repealed. 11 Section 9. This Site Plan is contingent upon the approval of the change to the City's 12 Zoning Map, Ordinance No and shall not become effective until Ordinance No..52B.L is 13 approved by the City Council. If Ordinance No is not approved, this Resolution shall be 14 null and void and of no further effect. 15 Section 10. This Site Plan approval is subject to the duration period contained in the 16 accompanying Ordinance amending the City's Zoning Map and shall expire at that time and be 17 null and void and of no further effect unless a main use building permit (which includes a 8 building permit for all infrastructure necessary to support the residential units) has been issued 9 for construction of the dwelling units. Thereafter, the Site Plan shall remain in effect only with ~0 respect to improvements for which such permit.has been timely issued and construction has '.1 proceeded there.under through issuance of a certificate of occupancy (and shall be null and void 2 and of no further effect with respect to improvements for which no permit has been issued, the 3 permit has expired, or has been abandoned). 4 8

19 1 2 PASSED AND ADOPTED by the Planning and Zoning Board Members of the City of Boca Raton this 9 1 h day of October, William Fairman, Chairman PLANNING AND ZONING BOARD PLANNING AND ZONING BOARD. YES NO CHAIRMAN WILLIAM FAIRMAN X VICE CHAIR STEVE UTRECHT X SECRETARY ARNOLD SEVELL X MEMBER RICHARD COFFIN X MEMBER GLENN E. GROMANN X MEMBER KERRY KOEN X MEMBER JANICE RUSTIN X ABSTAINED 9

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21 distance of 581,38 feet to a po~nt; thence with an angle to the. l'eft in a counterclockwise direction of 89 34'42" a distance of 90 feet to a point, said point being the Point of Beginning; thence continue a+ong said line a distance of feet to a point; thence with an.angle to the right in a clockwise direction 89 34'42" along a line 400 feet North of and parallel with the South line of Section 5 a distance of feet to a point; thence with an angle to the right in a clockwise direction of " a distance of.312,11 feet to a point; said point being 90 feet North of the South line of Section 5; thence west along a line 90 feet North of and parallel to the south line of Section 5 a distance of feet more or less to the Point of Beginning. Containing acres more or less, and subject to easements and rights-of~way of record. Section 2. Upon determining that the petitioner has 12 taken all required actions: to give effect to the restrictions 14 hibit A, the City Manager is I:ereby aui;-horized and directed to 15 make appropriate changes on the zoning district map of the 16 City, as incorporated by reference in Section 25-62, City Code 17 of Ordinances, to effectuate the purpose of this ordinance, 18 Section 3, The granting of this rezoning is subject to 19 the compliance by the petitioner with the provisions contained 20 in Exhibit A attached hereto and made a part hereof. This 21 ordinance shall take effect upon compliance with the attached 22 Exhibit A. 23 PASSED AND ADOPTED by the City Council of the City of 24 Boca Raton this ;(('.,; day of ~~, ATTEST: , Clerk 13 offered by the petitioner as outlined in the attached Ex- -2- CITY OF BOCA RATON, FLORIDA ~c 2~ Emil F. Danc~u, Mayor Approved as to _form: Frank s. Bartolone City Attorney OB9/89175 PUR 120

22 EXHIBIT A CONDITIONS APPLICABLE TO REZONING CASE NO, UC-89-5 ORDINANCE NO (I) General Conditions: The special conditions con tained herein shall apply to the development and use of the 7 property described in Section 1 of this ordinance (the 8 "property"). This petition has been processed pursuant to and 9 i.s subject to the provisions of Article IV of Chapter 12A, Code 10 of Ordina'nces, City of Boca Raton. Each of these conditions 11 has been offered by the petitioner for rezoning, who has re- 12 presented to the City Council of the City of Boca Raton that it 13 is the express intent of the petitioner to be governed by the 14 conditions contained in Article IV of Chapter 12A, Code of 15 Ordinances, and that the conditions contained herein shall 16 govern development of the property and that said conditions 17 shall bind the successors in title to the petitioner. These 18 conditions are adopted pursuant to the authority contained in 19 the Charter of the City of Boca Raton, Article IV of Chapter 20 12A, Code of Ordinances, and. applicable provisions of the 21 United States and Florida Constitution and the Florida 22 Statutes, including, but not. limited to, Chapter 163 and 166, 23 Florida Statutes. Adherence by the petitioner and successors 24 in title to the petitioner to these conditions is deemed by the 25 City Council to be an integral part of its de.termination that 26 adoption of this ordinance is. an appropriate exercise of ':i.ts 27 power to rezone the property described in Section 1 of this 28 ordinance If any condition set forth herein is declared 29 invalid or unenforceable for any reason, the City Gouncil 30 expresses 'its intent that it would not have enacted this 31 ordinance without said condition. Future compilations of the 32 rezoning map shall reference these conditions and shall give 33-1-

23 .. 0 notice of the applicability of these conditions to the 2 property, 3 IL Specific Conditions: The specific conditions 4 offered by the petitioner and applicable to the development and 5 use of the property are as follows: 6 (1) The use and development of the property shall sub- 7 stantially conform to the requirements set forth in Recommenda- 8 tions and of the Planning and zoning Board, dated 9 August , for the project known as "Sound Advice" 10 (UC-89-5/CA and UC-89-5/SUB), provided that approval by the 11 City Council of a tentative plat for and a conditional use on 12 the property described in sectio~ 1 of this ordinance shall be 13 deemed cons.istent with these recommendations" 14 (2) Development orders and permits shall be issued for 15 the property only if consistent with the provisions of this 16 ordinance, provided, however, that no such development orders 17 and permits shail be issued until the recording of legal in- 18 struments, acceptable to the City Attorney, imposing these 19 conditions on the property OB9/B

24 :.:~ RESOLUTION NO, ibs A RESO;LUTION. OF THE CIT OF BOCA RATON GRANTING THE PETITI.ON : OF CHARLES J. AVERBOOK?OR CONDITIONAL use APPROVAL FOR A RESTAURANT AND RETAIL.USES FOR. SOUND ADVICE ON.A PARCEL OF LAN~ ~OCATED AT 351 YAMATO. ROAD, AS DESCRIBED MORE : PARTICU-,. LARLY HEREIN (UC-89-5/CA) f...t..' )' ':'-.,J~ j;'. ~, WHEREAS, Charles J, Averbook has 'petitioned the City.. of... ~- '. 12 Bpc a ~a ton to use cer.tain. property as described herein for a restaurant and retail ~ses fo~ Sound Advice~ and 14 WHEREAS, the Planning and Zoning Board, a'fter notice and 15 public hearing. has reviewed the petit_io? al!d has presented to 16 t~~ City Council its recommendat.ion of _approval; and 17 WHERE!AS, the.. City ~ouncil ha.s reviewed the conditional 19 posed. use on existing and f~ture dwelli~gs ~~ the vi~lnity, the 20 proposed site, planning and landscaping, traffic safety 1 and ' the general, health, safety and welfare of the community1 now 22 therefore BE IT.RESOLVED BY THE CITY COUNCIL OF THE CITY OF ' BOCA RATON: Section l. Approval is nereby granted' for the use of 28 the following described property. for a restaurant and retail 29 uses fo~. Sound. Advic.e, subject to the conditions described in 30 Section 2: I ).~ ) commencing at the South quarte;r. corner of said Se'ction 51 thence East along the South l.i,ne a use app:r:ova.~ J?eq_uest a,nd has conside~.ed. the ~;i:;fec,t of th~ prq- -:1-,, ::

25 :.,. -, distance of ' feet to a point; thence with an angle to the left in a counterclockwise direction of 89 34'42" a distance of 90 feet t; a poin t, said point being the Point of Beginning; thence continue along said line a distance of feet to a point; thence with an angle to the right in a clockwise direction 89 34'42" along p. line 400 feet.north of and parallel with the south line of Section 5 a distance of feet to a point; thence witn an angle to the right in a clockwise direction of 9 6 o " a distance of feet to a point; said point being 90 feet North of the south line of Section 5; thence West along a. line 90 feet North of and parallel. to the south line of section 5.a distance of feet more or less to the Point of Be~inning. Containing acre~ more or less, and subject to easements and rights-of-way of record. Section 2 Ap_proval for the use of the property as described herein shall be subject to the folj,owing conditions, which are in addition to all appl~cable r~quirements of the Code of Ordinances;. (1) The plans and drawings submitted with the building pe.rmit application for the buiiding shall be consistent with the plans and drawings submitted by the applicant for this approval,.specifically. the site plan entitled ",::u Sound Advice r prepared b:<( Vander Ploeg ~nd Associates, Inc., as received by 20 the Department o~ Community Development on September 21, ( 2) The plans and drawings may be modified as required 22 by the Code of ord;lnances or by the Community Appear'ilnce Board 23 acting within the scope of its powers and duties. 24 (3) A Un:f:ty o_f _Title shall be provided prior to final 25 plat approval. 26 (4) The petitioner shall contribupe $4, to the 27 City's beautification program prio~ to the issuance of a 28 building permit. 29 (5).This approval is subject. to receipt of the' State of 30 Florida,.Department of Environmental Regulations, and the City 31 <;>J; Boca Raton,.D-epartment of Public Utilities, authorization

26 ...!~ and permits for connections into the City's wastewater treat ment system. 3 ~ {6). Approval by the Public Works Review Committee shall 4 be required prior to,final plat approval. 5 (7) Final plat approva.l shall be obtp..in.'=ci f'!:0!l1 t-hl') C:i t.y 6 Council prior to t~e issuance of any building permit. 7 (8) Compliance with the Palm Beach County "Fair Share,.. 8 Contributi~n.for Road Improvements Ordinancen shall be required 9 and $61,644.00, or ar: amount to be determined at the time of 10 permitting, shall. be due. 11 (9) The 'petitioner shall pr<?vide;. prior to the issuance 12 of a. building permit, an ac;:ceptable joint.ingress/ egress/ ~?cess 13 easement with the owner of th~. property immediately adjacent to.. ~.. 14 the. west, with: a clause that requires the City. approve of any '15 modification of the agreement. 16 (10) The elevations and landscaping of all buildings on 17 the site shall be compatible with the el.evations.and landscap- 18 ing of the building displayed to the Planning and Zoning Board 19 at its consideration of this project. The.Department of Com munity Development shall apprise the Community Appearance Bo.~td 21 of this condition at such time as the buildings are to be 22 considered by the. C0rnmunity Appearance Board. 23 (ll) The restaufant customer service area shall not 24 exceed 1,138 square feet. 25 (12). The conditional use approva~ hereby granted: sha~~. 26 hav~ a duration period of eighteen mont,hs from the.date of 27 adoption of this resolutioi). and shall expire at that time 28 unless a complete and acceptable building. pe:m~t appli~ation 29 for the ;COnstruction authorized by this resolution shall have 30 been filed with the chief code administrator of the City. 31 Section 3. This resolution shall take effect imrnedi- 32 ately upon adoption PUR I!Z.I)

27 PASSED AND ADOPTED by the City Council of' the City of 2 Boca Raton this.a& day of ~J-t-.r--/ CITY OF BO~- RATON, FLORIDA 5 ATTEST~ '... I I:... I \ \ \... ~e~ Emil F. Danciu, Mayor C/A C0 RAB/ s ;.

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32 1is Instrument Was Prepared By: City Attorney's Office City of Boca Raton 201 Palmetto Park Road Boca Raton, Florida lcord and Return To: Lynn Bodor City of Boca Raton 201 Palmetto Park Road Boca Raton, Florida rceia. Jperty Appraiser Identification No i' rcei B 'perty Appraiser Identification No.OG ~501 0 (Reserved) CROSS-ACCESS EASEMENT THIS INDENTURE made this day of June, 2014, by Yamato Investments, LLC (hereinafter "Grantor A/Grantee B") whose mailing address is 215 N. Federal Highway, Boca Raton FL '33432 and Arbern Investors IV, LP, (hereinafter "Grantee A/Grantor B") whose mailing address is 301 Yamato Road, Suite 3101, Boca Raton FL33431; (Wherever used herein, the terms, "Grantor'' and "Grantee" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns o'f corporations, wherever the context so admits or requires.) W I T N E S S E T H: WHEREAS, Grantor A is the owner of the property (Parcel A) situate, lying and being in Palm Beach County, Florida, and de9cribed as follows: All of A, Replat of 351 Yamato Road, according to the Plat thereof, as recorded in Plat Book 70, Page 129 of the Public Records of Palm Beach County,.Florida and shown in the sketch attached hereto as Exhibit "A"; and WHEREAS, Grantor "B" is the owner of the property (Parcel B) situate, lying and being in Palm Beach County, F'lorlda, and described as follows: See legal description and sketch attached hereto as Exhibit "B" WHEREAS, Grantors/Grantees are desirous of entering into this Agreement to provide a common Cross-Access EasE)ment between said adjoining properties referred to hereinabove and. for. the benefit of each of theni; NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running, one dollar and other good and valuable considerations, Grantors do hereby ag.ree as follows:

33 1. Grantor A does hereby establish for the benefit of, and grants and conveys to Grantee A for the benefit and to the benefit of Grantee A, his tenants, employees, agents, contractors and invitees, a permanent and non-exclusive easement appurtenant to Parcel B, for passage and use for the purpose of walking upon and driving vehicles upon over and across that _portion of Parcel A which shall be paved by Grantor A in conjunction with the development of Grantor A's Property. 2. Grantor B does hereby establish for the benefit of, and grants and conveys to Grantee B for the benefit and to the benefit of Grantee B his tenants, employees, agents, contractors and invitees, a permanent and non-exclusive easement appurtenant to Parcel A, for passage and use for the purpose of walking upon and driving vehicles upon over and across that portion of Parcel 13 whloh shall be paved by Grantor B In conjunction with the development of Grantor B's Property, 3, Each.Party agrees that they will have the obligation to maintain and repair their Individual portion of the Cross-Access Easement area including but not limited to resurfacing, paving and the like. 4. If either party hereto or any of their tenants employees, agents, contractors, Invitees or licensees, damages any portion of tile easement area, then such party shall be obligated to repair any and all such damage at their sole cost and expense. 5. If either party shall fail to pay any sum which they are obligated to pay hereunder, the non defaulting party shall, upon reasonable written notice, have the option to advance the defaulted sum on t_he behalf of the defaulting party In w,hlch event the non defaulting party shall be entitled to be Immediately reimbursed for such sum, together wlth interest at the highest lawful amount until' paid in full. In the event the defaulting party falls to reimburse the non-defaulting party for said sum advanced, including Interest within thirty (30) days after written demanq, the non-defaulting party shall have the right to file a Claim of Lien on the Property on the defaulting party to enforce such payment, including reasonable attorney's fees and costs Incurred In connection with the collection and/or enforcement of the Clait:n of Lien. 6. The Easements herein granted are made voluntarily and with the Intent that the same touch and concern and run with the lands and benefits are binding upon all present and future owners of the parties' Property. 7. Each party shall execute, acknowledge and deliver to the other party such documents and instruments and take such other action as the parties may reasonably request In order to effectuate the purposes or provisions of this Agreement. 8. This Agreement, subject to the provisions set forth herein, shall Inure to the benefit of and be binding upon the respective successors and assigns of the parties herein. 9. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all costs and connection therewith, including attorney's fees and court costs Incurred at all levels of proceedings, 10. No amendment, modification, or termination of this Agreement shall be effective unless the prior written consent of the City Is recorded In the Public Records of Palm Beach County, Florida, as part of such amendment, modification or termination. IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed In his name and atteste~ by proper witnesses thereunto duly authorized, the day and year first above written. Signed, sealed and delivered 2

34 in the presence of : WITNESSES: Sign: ~--- Print: GRANTOR A YAMATO INVESTMENTS, LLC By: -~-:-:--=-:----:-- James H. Batmasian Sign: Print:. STATE OF FLORIDA COUNTY OF PALM BEACH) SS: THIS INSTRUMENT was acknowledged before me on, by,...,._-.,--~--...,.,..--,.,..-,---' who has produced. as identification or who is personally known to me. I Notary Public, State of Florida My Commission expires: Commission No.: WITNESSES: Sign: Print: GRANTORB ARBERN INVESTORS IV, LP By:.;... Sign: Print:. STATE OF FLORIDA COUNTY OF PALM BEACH) SS: THIS INSTRUMENT was acknowledged before me on -.., ,--,----,---' who has produced who are personally known to me., by as Identification or Notary Public, State of Florida My Commission expires: Commission No.: 3

35 JOINDER. CONSENT AND SUBORDINATION PARCEL B The undersigned hereby certifies that 1 is the holder of a mortgage, lien or other encumbrance upon the above-described property, and that the undersigned hereby joins in and consents to the CrossMAocess Easement by the owner thereof and agrees that Its mortgage, lien or other encumbrance, which Is recorded in Official Records Book,..---,.,...,-: Page, of the Public Records of Palm Beach County, Florida, shall be subordinated to the foregoing agreement. Signed, sealed and delivered in the presence of: By: :. Print Name: Name: Its: Print Name: STATE OF COUNTY OF : (CORPORATE SEAL) THIS IS TO CERTIFY, that on this_, day of------' 200_ before me, an officer duly authorized to take acknowle.d~ements In the State and Cou~ty aforesaid, personally appeared as of who [ ] is personally known.to me or [ ] produced as Identification. Q:IFORMS\oross aooess easement.doc4/29/14 10:o7 AM NOTARY PUBLIC STATE OF--- Print Name:,..., :-: Commission No.:~ Commission Expires: 4

36 .,. ~ '. :','{~''"!' ' ~. '.... :,. 0, 'I ~~ olo ' o Oo ,...: :.,I I. ' ';.''! 1 'I' ,. ' i 'I '. I,1

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40 IN WITNESS WHEREOF, the Declarant has duly executed thi.s Declaration this day of, Signed, sealed and delivered the presence of: By: Yamato Investments, LLC, a Florida limited in liability company By: James H Batmasian, its manager WITNESSES: Sign: Print: Sign:...;.. Print: Sign: Print: STATE OF COUNTY OF SS: THIS INSTRUMENT was acknowledged before me this day of, 2014, by James H. Batmasian, as manager of Yamato Investments, LLC, a Florida limited liability company, on behalf of the company, who has produced as identification or who is personally known to me. -3

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43 This Instrument Was Prepared by: City Attorney's Office City of Boca Raton 201 West Palmetto Park Road Boca Raton, Florida FT Record and Return to: Lynn Bodor/Land Records 201 West Palmetto Park Road Boca Raton, Florida RELEASE OIF DEClARATiONS OIF COVENANTS AND RESTRiCTiONS THIS RELEASE ("Release"), is made and entered into as of this day of, 2014, by YAMATO INVESTMENTS, LLC, a Florida limited liability company, whose mailing address is 215 North Federal Highway, Boca Raton, Florida, (the "Declarant"),. RECITALS: WHERI=AS, the Declarant is the successor in interest to Yamato-Dixie Associates, a Florida general partnership, and the current owner in fee simple of the property situated in the City of Boca Raton, County of Palm Beach and State of Florida, the legal description for which is attached hereto and made a part hereof as Exhibit "A" (" Property"); and WHEREAS, on January 7, 1991 Yamato-Dixie Associates executed a Deqlaration of Covenants and Restrictions recorded in Official Records Book 66.98, Page. 89; and, on February 19, 1993, Yamato-Dixie Associates executed two Declarations of Covenants and Restrictions recorded iri Official Records Book 7944, Page 1194 and Official Records Book 7944, Page 1200, in the Public Records of Palm Beach County, Florida (collectively, the "Declarations"). Copies of the Declarations are attached as Exhibit "B"; and WHEREAS, the Declarations establish various covenants and restrictions affecting future development of the Property; and WHEREAS, on, 2014, the City Council of the City of Boca Raton, Florida (the "City") adopted Ordinance No. and thereby approved a. Universal Conditional Approval that provides for the redevelopment of the Property with a 10,000 squar.e foot child care center, a 2,352 square foot retail space, 1,500 square foot Page 1 of7

44 ( fast food restaurant and drive through, a 4,000 square foot restaurant with a bar, and a 17,330 square foot showroom (UC-13-05/SC/CA/SPA ) ("Approval"); and WHEREAS, the Approval provides that the Declarations must be terminated, as a condition to the issuance of a main use building permit; and WHEREAS, Article VII of each of the Declarations states, in pertinent part, thf:lt the Declarations may only be amended, changed, modified, in whole or in part,, cancelled or terminated (collectively, "Amendment") by an instrument signed by the affected owners and recorded in the public records and consented to in writing by the City only after the following: 1. Thirty days written notice in advance of the Amendment is given by the City to persons of record owning real property which is located within 500 feet of the Property. 2. The City adopts the Amendment at a public hearing by a majority vote of the City CounCil.; and and WHEREAS, Declarant desires to terminate the Declarations in whole as to the Property; WHEREAS, the City has provided the requisite thirty days written notice and held a public hearing on, 2014 after which the City Council approved the termination of the Declarations by a majority vote. The City Council resolution approving the termination is attached hereto as Exhibit "C" and incorporated by reference herein. NOW, THERIEIFORIE, Declarant hereby declares as follows: ART!CliE 1 RIELEASIE 1,1 The recitals set forth above are accepted as true and are hereby incorporated herein. i.2 Declarant hereby releases and forever discharges the Property froni the covenants and restrictions set forth in the Declarations, which shall no longer have any force and effect as to the Property ARTICLE!i CiTY CONSENT 2, 1. The City hereby consents to the termination of the Declarations by Declarant as set forth in Article I. Page 2 of7

45 IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed by their respective duly authorized officers as of the day and year first above written. DECLARANT Signed, sealed and delivered in the presence of: By: Yam ato Investments, LLC, a Florida limited liability comp.any WITNESSES: By: James H Batmasian, its manager Sign: Print: Sign: --:---- Print: Sign: Print: STATE OF COUNTY OF ) ) SS: ) THIS INSTRUMENT was acknowledged before me this day of, 2014, by James. H. Batmasian, as m~nager of Yamato Investments, LLC, a Florida limited liability company, on behalf of the company, who has produced as identification or who is personally known to me. Notary Public, State of My Commission expires: Commission No.: Page 3 of7

46 CITY OF BOCA RATON, FLORIDA City of Boca Raton, Florida, a Florida municipal corporation ATTEST: By: Leif J. Ahnell, City Manager Susan S. Saxton, City Clerk Sign: Sign: STATE OF COUNTY OF ) ) SS: ) THIS INSTRUMENT was acknowledged before me this day of ---~------: 2014, by Leif J. Ahnell, for the City of Boca Raton, Florida, a Florida municipal corporation, on behalf of the City, who is personally known to me. Notary Public, State of My Commission expires: Commission No.: Page4 of7

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48 !EXHIBiT B DIECLAIRAT~ONS OF COVENANTS AND RESTRICTIONS (O.R. BOOK 5698, PAGIE 91 AND O.R. BOOK 1944, PAGIE AND O.R. BOOK 7944, PAGE 12ijq)}. Page 6 of7

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51 SIGNED AND SEALED this---- day of, CITY OF BOCA RATON, FLORIDA Witnesses: Leif J. Ahnell, CPA, CGFO City Manager sign print sign print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of., ' 2014 by Leif J. Ahnell, City Manager of the City of Booa Raton. He is personally known to me. NOTARY PUBLIC: sign -., print----,.---,----,-,--~-- State of Florida at Large (Seal) My Commission Expires:

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57 '''''," 0 <; II',.,~., 1, "' o,,,,,i'." '' ' " ',' ' "' I I "" ''' I" o I'H i :' 'l".!; ''II Opjhl!'"' 'ol"i"u <ilo'i'p 1 11 ''11' 1 1 "1' ''"' l f'o'l' 1 ' ' 1 0, '" 1 ~ool ol I"'' APR-: l22P!l\ ORB 6433 P!l 118 f llmi'l'lf 0!1' 'i'x'!'l"e "'' ~! '' "' t::,.., :r... :::i s: ~ t.. ~ 1:. i.;:. :. ::! l.oj '-'I.) '",... ~ ' 'the unclleu!gnei! &ltillo a!ubl'\!le 51 thlllt thl.m l.mt.klii!lent ehl.\l! be zeccrdi!kl!n th~& O#!c;a of th el«~~!!:'k of thfji Ch'c:u!t. Qo~X&'t of lp&~li!ll Beach' Ccnanty~ Pled&!.

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59 PEOL RATION Ql UN!XX qf ~ITLE ~~OW ALL MEN BY THESg PRESENTS, that pursuant to the ordinances of the City of Boca Raton, Florida, pertaining to ths issuance of the building p~rmits and regulating building construction activities, the undersigned, being the fee OW!lel:' of the following described property situat~ in the Cit:y of Boca Raton, County'of Palm Beach, and State o Florida, to-wit: ~Exhibit ~Aw attached hereto and made a part hereof,) does he~i the following declaration of conditions, limitations, and restrictio,n.ev said lands, hereinafter to be known and referri!ld to as a Declaratio~.. ~ nw of Title, as to the following particulars:..,~1>...-.:!!hat the aforesaid plot or combination of separate lots, plots, parcels, acre!!gef ~\portions thereof, shall hereinafter be regarded and is hereby declared to be~if~ed~der title as an undividable building site. t-..u ~ 2, \s~frl\the said property shall henceforth be considered as one plot or parcel of\~~~ and that no portion thereof shell be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land othe~~ an if the property is submitted to condominium form of ownership, and so\ o~ ownership this Paragra as the property remains submitted to oondoininiuin... hall not apply. {!' } 3, All o~ii:-~ all portions of the property, including their guests, business invitees,~~!_':l'.oyees, customers, etc. shall have, and they are hereby.granted access to alt s~r ts, driveways, roads, alley ways and padestr:!..an ways (but not parking space :!pi n the property as may be from tbne to time constructed or designated by owner(s) of the property. \. The undersigned fur~i)agrees that this Declaration of Unity of Title shall constitute a covenan~(~~~ with the land, as provided by law, and shall be.binding upon the ~ndersi~~ their heirs, administrators 1 successors or assigns, and all parties elaimi~ ~r them, until sueh time as the same may be amended, modified or released in~tllp,~ by the City Manager of the City of Boca Raton, Florida, which Writing s'ha; J~{re,~ecorded in the Public Records of Palm Beach County, Florida, and the s n ~ of the City Manager of the City of Boca Raton, Florida on such writing ~tl:~ conclusive and dispositive of his (her) authority to execute such wri~; ~ (~) \C.-> The undersigned also agrees tb;(~s instrument shall be recorded in the Office of the Clerk of the Circuit Cb*.r~')of Palm Beach County, Florida, ~~i\h 11.. c;;l.,~ Signed, sealed, witnessed ll.nd acil~;~g'ed this / o/- day of ~A-ft.~, ~~ Signed, sealed and delivered (f~ in the presence of: e o '1. STATE OF A CO~ OF PALM BEACH Yamato ~~ssociates, a Flo da~~~al ar ership ~-;::.;<-... I HEREBY CERTIFY that on this day befqre me, an officer duly qualified to take acknowledgments, personally appeared Robert J. Schmier, as Partner of Yamato-Dixie Associates, a Florida general partnership, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed same for the purpose therein e~ressed, WITNESS/ t hand and offwaj. seal in the aforesaid this day of -=febttiaty and State last My Commission Expires: ml7/yamdixie.uty This instrument prepared by: Robert J. Schmier ~ ~~~~ Glades Rd. - Ste. 310 ~Raton, FL ,,.._... tj;r.y.-...p tlol&l'v PubTK, Slate of florida,. '1-.. i~;,..: >:,>... My Commiuion Expires March 26, ~~-,.:-,,-;,.:. '\... ~adod Thru Troy fala mwl'llttu ~.' ':f.' ;".... ~ ": '.. '. '. ' Jones

60 .. EXHIBIT 'A' ORB 8000 Pg RECORD VERIF!EO DOROTHY H WILKEN CLERK OF THE COURT ~ P8 COUNTY~ FL I 0 o ~..... '.... :: '.:..... ' I

61 \ KNOW.~~EN BY TH~SE PRESENTS, that pursuant to the ordinances of the City of Bocs: Raton, Florida, pertaining ~o the issuance of the building permits and regulating building construction activities, the undersigned, being the fee owner of the following described property situate in the City of Boca Raton, Cou\f Palm Beach, and State of Florida, to wit: ">; ~ e Exhibit wa~ attached hereto and made a part hereof.) \;.r 'r. does he'1:~e~~a'ke the following declaration of conditions, limitations, and restrict s :!~~ add lands, hereinafter to be known aml referred to as a Declarati.'.r~fd.ey of Title, as to the following particulars:. \f f~that the aforesaid plot or combination of separate lots, plots, parcels, acr~~ or. po_litions t:henof, shall hereinafter be regarded and is hereby declared to be un~~l( under title as ah undividable building ~ite, \s : ru.. 2. \(!l_tp the said property shall hen~eforth be considered as one plot or parcel o ' -i'and and that: no portion thereof shall be sold, assigned, tr~nsferred, conveye~~evised separately except in its entirety as one plot or parcel of land o~~an if the property is submitted to condominium form of ownership, and soy:j;:p~\ as the property remains submitted to condominium ownership this Paragra~~<9hall not apply.. 3. All o~f all portions of the property, including their guests, business invitees 1 emp~yees, customers, etc. shall hav:e, and they are hereby granted access to all ~~~ts, driveways, roads, alley ways and pedestrian ways (but not parking space: :::..tipon the property as may be from time t:o time constructed or designated by e O'ftiler(s) of the property, 'rhe undersigned f~~~ agrees that this Declaration of Unity o'f Title shall constitute a covenant{~~n with the land, as provided by law; and shall be binding upon the undersigp_~~~~heir heirs, administrators, successors or assigns, and all parties claimin~~ them, until such time as the same may be amended, modified or released i~~f~g,~y the City Manager of the City of Boca Raton, Florida, which writing shal~~recorded in the Public Records of Palm Beach County, F:l.orida, and the stirui.'j;~eypf the City Manager of the City of Boca Raton, Florida on such writing ~'l:j\ \~ conclusive and dispositive of his (her) authority to execute such ~rit~~' \(~. The undersigned also agrees tha~~n~s instrument: shall be recorded in the Office of the Clerk of the Circuit C~~lm Beach Qounty, Florida., v'l.r ;af1 _ Signed, sealed, witnessed and ackrtawledged this7 day 1 of (Mat?.Mklt 'I, (,';7).. I Signed, seal~d and delivered \...~~--~ :r... in the presence of: Yamato D ig/ 'i'ssociates 1 a Flo'd a By: Vl par:;r;l ne hip y>"().. \1... \ I HEREBY CERTIFY that on t:h:is d,ay before me, an officer duly qualified to take acknowledgments, personally appeared Robert J. Schmier, as Partner of Yamato Dixie Associates, a Florid!!- general partnership,.to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed same for the purpose therein expressed, WITN!l:SS /1 hand and official seal in the County and State last aforesaid this : day of ie.jj 1:U.ty'., 1993,.. ~ ;:,~, ~. " A~,,i~Mary c. Jone$ My Commission Expires: Wolarv PubDe, Stale ol fl<mda...~.,, '"'"~. my " "-- wurmluiou E lq»f'es ' mw "" m ~6 " IW3.: ~. -s.~r-.. -;;...~ ~.:~ _...r<""',..,,,t tto~ T~ru troy fain -IJUur nc6 lne, :- ~. ~-,.:-$.., ~,,. ml7/yaradixie. uty ---., :~: ;?,~,,.,... This instrument prepared by:.,,,.,,.. < - Robert J, Schmier 7777 Gl'ades Rd. - Ste, 310 Boca Raton, FL

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67 :...:..... :.:.,...,... ';... ~ ~.. :.,.:.!""'... '. : ;,,_.: : : :... : '.... VA"Ni\~R PLOEG.. {!. ASSOC. 'Oci.,, '' ;. ~ Oflil 7944!19 1.:2.04. <>. -:.. RECORD VERIFIED. OOOOTI:IY lf!ll!ij<s;!' :. _CLE~K OF THE CO~RT " PB.~O~TV 1 FL. '... 1.EXHIBIT 'A.',,

68 :J'., l KNOW. ALL''MEN RY THES:t:: P~SENTS that the umxel:'sl.t:jnf~a own~r(s) of.all the real 'Exh~..uA.I,!.(the 11 Latid 11 )d l~q/ r hi~ apd hi$ SUCC@SSO~S t~ deseribed herein is and shall be so~dq veyed 8 and occupied subject to the ;ce:o~ ions; and easements hereinafter set -:/;>0. ' c I /,-.., I ~tfd) ' ARTICLE I,j ' RECITALS t-. 0. '.. ~~on l'~ The &nde):signed owni:!r has applied to the city of Bo 1 ~ JW'-ton for r~zoning of the Land (UC-B9-S), Secti ~ 2. In connection with said application, the 1 u~d7rsig~ed.~~)s.to volu.. ntarily impose ce~tain restrict~ons,. ll!nl.tati~ns ariw,;~~~i)easemen~s upon t~~ use ~f the. Land:.! 1 Secti~;J' t']p It is the express intent of the undersigned to pe~'tualiy restrict (e~cept to the ext~nt permitted pursuant to the provisions of Artiele VII hereinafter set forth) th~ use ~e.tand for the benefit of t~e City and persons of record o q real proper.ty which is located within five hundred (500) t o~ the Land (the uproperty owners")'- a11d for no other persons i,;r;rr.::;~~ cordance with the restriet.ions and. litnit~tj.ons s~t fol;'th ~ 'n,, \... ~;~..... ' ~;,. ICLE II. LEG~-.~CRIPTION... The Land which is ~Cl.S's~;!-1 be held, transferred, sold, 9onveyed and occupied subjec ~o'\'t~s Declaration is located in Palm Beabh county, Florida, a Wllthin the city limits of the city of Boca Raton and is desc ~in Exhibit 11 A'i 'attached hereto and made a part hereof. U,J/.. rc~ ARTicr.t'<:.J::II HEIGHT AND INTENSITYG'~ITATION A. If the land is used fo~r.1r which would not ~e perm.itted in!?0&:1: zoninq, the structure,.,.& the land shall npt E\Xceed 31,500 square feet. If a ~ ~foot restau_rant'of the' t~pe 'that would n~t be permitted in PO&I zo ~ located on the' Land, the structures on the Land shall o ~eed an agqregate of 26,590 square feet. ~~ B. If any structures on the Land are used for uses Which would not be permitted in J,>O&I zoning 1 such structures sh~ll not exceed two stories in height, c. The Land shall be improved in substantial accorda~ce with' the Site r1an attached hereto as E~hibit B. I, \.. ~ I ARTICLE IV REST~!CTION OEEMED COVENANTS.These covenants and Restrictions $hall,be deemed covenants run~ing with the Land forth~ be~efi~ of al~owners.of.real property abuttinq the Land, and owners of real property in the neiqhborhood and 'the City of Boca Raton. These covenants and Restrictions shall be' binding upon the under.signed owner and his suco~ssors and assigns.. 1.,...

69 (,' / ~;: :-:.' :;,:~ ; ';."}:..,..,: ;, ':,,;,.:,L b,.. ;,';.' "r ";'''.,, ;.;,.,,, ; ~;:.,~""' "> ;:.L.~,;~,~~.-~......:..~.~-~-.-...'...-,wo (;;,.,,., ~ ~~ - -~ ''~'".,.., I 'I ) 1 1 J ~ 90.1 (. :, I - r ; r The.f~ot.~inq_uses>-t>:hal:Lbe-prohibited on the Land;. ~. od~e~in ba~ks. : : ',_ ~ Child care centers., '\~, 0: I I. ~ >:!~dul t. ~are cent~rs. (.. 4iQ.~ecialized ca~e ~en~e~s.. :, r"o. (5) ~~it~l~ o, I (6) ~ariums."...../. '.~ (7) o.rp -~es. ( s) wursti~r:::h!s!mes ' t (~ l!. \'to-... /~ ' (9) InstJ.t\i~ for 0:9f!d 1 indigent or infirm. (10) Fraterniti(e~ '(>J) ' '(11) Churches. V. (12) Institutio~s~~n educational, philan~~ropic or 1 religious ch~...,. rt :, \..~v~). (13). o uarj.es. ~Q...,. ( 14) Theater.s. : cs:: -s 0 (15) AUditoriums. ~:-?)\. ~--- ;.."v ' ~16) Retail estab~ishment~,, bl;i.shed with ~he sole purpose of selling donated arc~ I~ to the publj.c for the sole benefit of religious, '. 't ropic and eleemosynary organizations. r", ~/ ~- (17) Motor car fuel stations (se~;~ stations). '(lb) ~tility substations. \.~,-)\ (l5l) Helistops. {:~?)<- "<"-::2. ' (20) commercial lots or garages fox;:; ~9'!.~~ ARTICLE VI. SUBORDINATION TO DECLARATION B'i MOR'l'GAGE;E('S), E'l'C, All mortgages, deeds of trust, and o~her similar encumbrances now or hereafter placed upon the Property shall be subordinate and inferior to this Declaration and its provisions and any firm, person or corporation owning or taking any interest in the Property by reason o~ foreclosure,.deed in lieu of. foreclosures, or 'otherwise as a result of a,ny such.mortgage, deed of trust, or other similar encumbrance shall take title subject to the provisions of this Declaration.. 2,

70 .,,.,.;.. ":' ~....,I. ;' :.. ~...,.,,. i : I'' : J '.1\.Rrr.ic~ v:t';t. 'TERM-AMENOMENTS, I....' ' ' GOO pg ; Thes~ cov.ena~ts. arid Restri~tions. inall b~ d~erne.d. ts running w&:tb-'the--!.and,-f~h~~sfit of the city <Uld-. erty Owners, and stiall be in perpetuityi EXCEPT THAT they.m~ ended, chan9ed 1 111odified, in whole or in part, c:ancelle.d or\{erm ted (collectively 11 Amendment") at any tilue as to ali: or any ~ on of the Laind' by appropriate wdtt:.en instrument :re~o ' -:::~ nc;j the Public Records of. Palm Beach Cotini;y, F;Lorida, whlch ~rument shall be ex~cuted by the then owner of the Land. so aff~ and con~ente.d to therein in wdting by the city only afj!er tl~)f6llowi.nc;:r: : ~~!>? l. Thi~y days written-~otice in ~dvanc:e of the ~endment if~v~~. ~Y tb'~ c.ity t~ the P,r_operty owners. ;r., IJ'he. city adopts the Amendment at a publ io ~ear~ng by a ~ ~.ty vot.e of the City council.... A recorde?- siia ~t by the city Manager of the city to tl}e.. effebt that all '!!~'. t~ owners have been duly notified and the appropriate vote ~ e City Council has 6ccurl:"ed shall be dispositive as to\..~hose l:'equirement;s. 'The consent of, the.. Property owners sha~~~t be. required with respect to any Amend~ent. Provide f>~wever, no Amendment shall be effectiye unless all mortg'agee. of. record consent thereto... ~. '.. K9~. ;IC~ ~ 1 III I (~ DING J!;FFEC'l' This beclaratio~~r~stric~ions and.covenants shall be binding UJ?on and shall' inur ihe benefit of the parties.hereto, their heirs,. succes '~"~.Signs, administrators and. personal representatlv:es. v:>s (\.,...- ~})'-' : ARTriiip' J X. COMPLIANCE WITH BO~' 0 CONDITIONAL ~D. USE AMEND~E~'l' AND Z ~ HANGE ORDINANCE Notwithstanding any provision-pontained nerein to the contrary, the use and development of Ml~))?.roperty shall. occur pursuant to the provisions of Atticle\.'v>~Et,~ Chapter l2a,,code of ordinances, city of Boo~.Raton, as it 'f~~n~ly. exis_:ts or as subsequently amended, including, but no ~:l4.~1.ted to, those provisions relating to security for an~~~~~~9 ance of conditions, violations of conditions, e~ 'on, and modification Of approvals. :. C=1~,! '.91 '" I',I.. ; W:C';CNESSES:. OWNER: ~;; '

71 I ~~~. -".~~~~~~ ~.,. ''. I' 92, (':-:--- STATE OF F.t.o!UDA ').. ) ss. c,~un':i.'lf OF P.u.M BEA9H).,', I.. 4..

72 - ' '. '..., ~-.. '.. ; ' ' EKH!IHT "A" ~, - - Pa.rcel. }~~~... Legal Desd~~ion (turnished). 1''\ All the\3main land situated in Sectipn 5 P Township.47 south, Range~,. ast, Boca Raton, Palm B~ach County, Florida,, describ~d as ~ ro~s : ' Commencing ~~he s'outh Oua~:tar co.rner of sa!d Section. Sr thence East al.onvr'f ~ South line a distance of 581:.~8 feet to a P<;' intt th~n.ce with...~~:f.ih)>ngle to the left in. a counterc;lookwis~. dnection of 89.34' ffia distance of 90 feet to. a po1nt, said poiot being the Poi~ ~ Beginn~ng; theno'e continue along said line a distance of 31~.feet to a point J thence with an angle ~o the right ln a clo~ise ditecitlon ~ along a line 400 feet North of and pal'."alm\with the south l~ne o Section!l a. distance of 37~.oo fe et \,fg_s.~pp~nt~ thence with <?-~'~ amjlo to t:he dg ht in' a clockw.ise direp~~ 'n of a d.istanoe of feet to a point: said poi~ ~~ing 90 feet t~orth of the south line of Section 5; thence West~ ~o. a line 90 feet North of and parallel to the South line.~ c9tion 5 a.distance of feet inore o r less to the Point of g}i:;t.'\fling.' Containing ~cres and righbs-o~~way of record, ~~. ~>--1~.. mo~~~ less and subject to ease~ents ro;> V ;7) c~~- ~ 0'~)' {~:~ ~;{}/. ~~ '. '., RECORD VERIFIED ~<>AlM BEACH COUNTY F!-A JOHN B. DUNKLE. ClaRK ci'iac:ulft:ouat

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86 UC-13-05/ Yamato Road Commercial Center Page 7 periods, especially with the shared parking use. Thus, it is anticipated that the parking spaces provided will adequately support the drop-off/pick-up operations required for this proposed site. As such, the City Traffic Engineer does not object to the technical deviation to allow for exclusion of an on-site drop-off/pick-up area. Review Criteria- Rezonings Pursuant to Section of the Code, the following criteria shall apply for consideration of a rezoning which pertains to consistency with the Comprehensive Plan: (1) No real property shall be rezoned, and no amendment to this chapter shall be adopted, unless such action is consistent with the Comprehensive Plan of the City. (2) The Planning and Zoning Board shall include in its recommendation upon any rezoning application, and upon any ordinance amending the zoning code submitted to the Planning and Zoning Board for review, a finding that the proposed action is or is not consistent with the Comprehensive Plan, and the Planning and Zoning Board shall otherwise comply with the applicable provisions of Code Section et seq. Review Criteria - Conditional Uses Pursuant to Section of the Code, the following standards shall be met by all applicants for approval of a conditional use: (a) (b) (c) The use is compatible with present, existing or planned development in the area proposed for the use; The use will not adversely affect population densities, light, air, and natural resources, including native ecosystems; The character of the district is suitable for the particular use requested; (d) The use is consistent with the needs of the City for land areas for specific purposes to serve population and economic activities; (e) The use will not create an adverse impact on playgrounds, parks, schools and public and private recreation areas; (f) (g) (h) (i) Adequate infrastructure is available, including roadway capacity and suitability, water and sewer service, drainage, parks, solid waste service and other infrastructure required for the use; The use will not necessitate the construction, installation or improvement of additional infrastructure not currently included in the first three years of the capital improvements element of the Comprehensive Plan or provided by other providers; The use is consistent with the Comprehensive Plan; Parking facilities, entrances and exits are adequate; and 0) The use will not adversely affect the public health, safety, comfort, convenience, order, appearance, general welfare and the City tax base. Review Criteria- Site Plans Pursuant to Section 28-54, the Planning and Zoning Board, after review of the site plan, application and other materials, shall either approve the site plan, not approve the site plan or approve the site plan conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions as the Board may determine to be reasonable and necessary to protect and further the

87 U C-13-05/ Yamato Road Commercial Center Page 8 comprehensive plan. The Planning and Zoning Board shall consider, but the consideration shall not be limited to, the following factors when reviewing a site plan: (a) All Code and other technical regulation requirements. (b) The method of pedestrian and vehicular ingress and egress. (c) Internal traffic circulation and vehicular parking, and the traffic impact upon abutting properties, particularly where the abutting properties are residential. (d) Screening, landscaping and lighting. (e) Environmental pollution, including noise, light and air. (f) Garbage and refuse collection. (g) Surface water drainage. (h) Water supply and sewer collection. (i) Energy conservation and efficiency. 0) Location of structures and uses on the site plan. (k) The relationship of the site plan to existing or planned transportation, utility and public facilities, any deficiencies in such location, and the curing of such deficiencies. (I) Compatibility of proposed use with adjacent uses. (m) The availability of utility easements to provide municipally franchised electric, telephone, cable television, or other services. (n) Any other factor that would promote and further the health, safety, and welfare of the community and the Comprehensive Plan. Review Criteria -Shared Parking Study Pursuant to Code Section (kk), an applicant may request a reduction in parking requirements for a mixed use development through a shared parking study. Code Section (kk) states: (kk) Mixed use developments. Mixed use developments may require less parking than indicated by traditional parking rates due to varying parking demands for each land use. If the applicant requests to reduce the parking requirements for a mixed use development below the minimum requirements of this chapter, a shared parking study shall be submitted to the City Traffic Engineer. The shared parking study shall be performed and certified by a registered professional engineer, architect or planner experienced in parking studies. The shared parking study shall comply with the methodology in the Urban Land Institute's "Shared Parking" manual, as it may be amended. As a minimum, the study shall include tenant uses, square footage, the required parking per Code for each use, hours of operation, total parking provided, uses utilizing shared parking, hourly parking accumulation.and the reduction of parking spaces. The City Traffic Engineer shall determine if the shared parking arrangement will provide adequate parking for the development and any reasonably foreseeable future user(s) of the site. Review Criteria- Technical Deviation from Chapter 28 Pursuant to Code Section , an applicant may request a technical deviation from requirements pertaining to off-street parking. Code Section states: (1) The Planning and Zoning Board, City Council or the Community Redevelopment Agency, as appropriate, shall consider applications for technical deviations pursuant to this section. (2) In the case of special parking problems or needs, an applicant may request technical deviations from these requirements which request shall be based upon a detailed parking study.

88 UC-13-05/ Yamato Road Commercial Center Page 9 (a) A parking study shall be performed by a qualified professional engineer, architect, or planner experienced in parking studies. The study shall demonstrate how the technical deviation meets each of the following standards. The Planning and Zoning Board, the City Council, or the Community Redevelopment Agency, as appropriate, shall deny any application that does not meet the following standards: 1. The technical deviation will provide adequate parking for the development and any reasonably foreseeable future user(s) of the development. In determining the adequacy of the parking, any potential short term or long term changes of uses or conditions, which may affect the adequacy of the parking, shall be considered. 2. The technical deviation results in preferable environmental impacts or parking design. 3. The technical deviation is the minimum deviation necessary for the petitioner to make reasonable use of the property. 4. The technical deviation is not detrimental to the public welfare, or injurious to property or improvements in the surrounding area or neighborhood. 5. Special and unique conditions exist, which are not directly attributable to the actions of the applicant. Summary and Recommendation Based upon Staff's review of the submitted Petition, the Development Services Department recommends that the Planning and Zoning Board: 1. APPROVE the site plan, including the technical deviation related to the elimination of a dropoff/pick-up area, subject to the conditions provided for in the attached site plan resolution; and 2. Recommend APPROVAL of the rezoning of the western portion of the Property consisting of 1.65 acres and allow for the consolidation of two (2) rezoning approvals on the entire 3.65 acre Property, conditional use approval for an inline fast-food restaurant with a drive-through, and conditional use approval for a free-standing restaurant associated with this Petition, subject to the conditions provided for in the accompanying ordinance and resolutions. Project Planner: Jim Bell, AICP, Acting Deputy Development Services Director 0:\P-Z\STAFF\Jim\City Council Approvals\ Yamato Road Commercial Center\Staff Report- October- vers5.docx

89 .. : ' i. Attacbm~nt Commercial Deve~opme01t 331.,351 Yamato Road IPCN: 06~43=4 7 ~05=35=002~01000 PROJECT DESCRIPTION, ' The " Commercial Development" is located in North East Boca Raton near Federal Highw~y. The 3.65 acre site has been. occupied by a Sound Advice and a Pizza Hut fqr the past 24 years. The Pizza Hut was r~cently de~olished. The proposed development will consist of the existing Sound Advice, two restaurants, which are much ~K needed in the area, a retail store artd a childcare center. ~~~- The proposed childcare center, will benefit the neighborhood and employees of the nearby office support the additiqn of a chi~dcare facility within proximity of their work. The proposed restaurants. will provide an amenity which is lacking in the an~a.. The 4,000 square foot outpp,i~~restaurant will inchide a covered ~atio for. outdo?r dining and the~ square foot fast food restaurant will contm.n a dnve-through convenient for quick service. The potential community benefit of this redevelopment will.be maximized by the proposed mix of uses.

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92 Q(l (UCc13 05/ZC/CAISPA) 3 August 1, 2011! Improvements" ordinance shall be required by payment of an amount to be qetermined ~t the tirne a. building permit is i~?sued. 4. If the entire site.. is no.t c6hstrooted in otie phase, each phase Will be.required. to. stan~ :C?.h its 0.Wh pertalnrngfp?iunfrastruct.ure requir~ments, landscaping, parking, ~nd fr~ffic p a.tterns. Eaoh.phas~ will b:e requlre.d fo he. ~UDmitfed to the 'City {)Jaff resp0hsible for Public Works R.e\li$W prior to a main. use buildit)g p~rtyjif ~pplipation. A constrqction plan that includes phasing, st~ging areas and a traffic maintenance plan Will be required for each phase. The.petitioh~r Will be reql.)'ired to provide all necessary data for e~~h phase to aslsure that these requirements are oeing met 5, AD.eciE!ralion of Covenants ~nd R$~trictlon sh~ll be execvt$d ~md entered intp the public records of Palm Beach Gourity, in a form acceptable to the City Attorney, restriqting the 17,330 square foot building to a &peqiajty furniture. store type land use. cc: Dan Grippo, P.E., CEM, Dlre.ctor of Municipal Services Rase.m A'l{Wad, P.E, Tran~portation Planl)lng Engineer 0:\La.ncl Development\MixedUse\ Yamato Road\Eng Memo\ Ya1nato-rnemo.docx

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94 ckenzie Engineering &: Planning, Inc Yamato Road, Response to Comments, Page 3 Project No. UC-13-05/ZC/CA/SPA/ June 19,2014 TH!fS PJRJEwAPPJLICATION LETTER IS V ALMD UNTIL JUNE 19, 2015 T)HIJS JLETTJER IS NOT A PERMIT APJPROV AL Mr. W. Keith Grant John A. Grant Jr., Inc 3333 North Federal Highway, Suite 3 Boca Raton, Florida Dear Mr. Grant: RE: Ju111e 1!9, 2014 l?re-ap.j)iication Meeting for Category E Driveway Palm Beach County, Rural~ In the CityofBoca Katon State Road 794, State Sect1on 93005, Milepost 2.7; Access Chl~S 5, Posted SP,eed 45 mph Reference Pro.iect N/A!. Location: 600' west of North Federal Highway.2.Site Acreage: 3.65 ProP,osed Lana Use: Eaucation, Commercial & Restaurant, Maxtmum.:lquare Footage: 35,182 Applicant: Yamato Investments LLC, ProP.ertY Owner: Yamato Investments LLC Proposed Project Name & Address: E. Yamato Road, E Yamato Road, Boca Raton, Fl Your Req~,»est: Modifi«!ations Ro Driveways 1. locmted 485' east of Dixie.lfh'vy. and Driveway 2. Locmted 30~' ea!iit of Driveway I.... WE AJP'PJR.OVE YOUR.RJEQUE T. Please see the conditions and comments below... This rulin~ is based on your presentation of the facts, site plan and survey. You may choose to review this concept further witn the District Access Management Review Committee.. l:.'omiluons: -A muumum.drwe.way JeQI!th ot 5!J.ttet, as measured rrom the ultsmate rsght~otdway tme to tile nrst coni1jct~omt, shatrbe irov1 ed... - l?rovide eros a~:c~ss easemc t n:ut propertjes east an~ west of the sjte. The access easements s all ue recorae onor ro J>llrmat aooucation,. -,, l?rpviqecros$ ac:c~sn~ont~ectl<ln to.nr.~p.eg.}!.ly!m:.ur l!le s1le... e D{atnaffe mltl~atjm IS required tor any Impacts Wtthtrl I" UT rtgnl ot-way (I.e. tncreased runoff or reduction o.ne. a.cre oy 1 a1s~r ecjprea. tas d~ttne~.~ py t e f' on a Department ot nvitonmelltal rotecttol) OEI'J (!) lfwlrt~'!l1tf. ot~way e ~.eatton IS re~utred to 1mp ement t e proposed tmprovements, the applicant s11a I donate the r1a -Q -way rot e!jepartm~nt.. e nvewa.ys not approved m this letter must be fully removed and the area restored. omments. h at ~ t e. d' 1mens1ons. b etween d nv.eways. ar~ measure d uom "" t ~ e near e d oe o f pavement to.near e ~ ae. o hpavem~nta,an OJfnensJons between med1an openmgs are measure from cerfierlme to centerline un fil~s ot t':rwtse m Jcated:. e ~ SYJ~m n~rj~~~!jr!ju.tion er~venti.on ~llln ~usj 1 be.mubmitted with thee aqplication jfpth.ere ~viii(~~ m_qre than,. '..,_ ~~jtr~a ~vr.g~ess anager

95 e ckenzie Engineering & Planning, lnc. EXECUTIVE SUMMARY MacKenzie Engineering and Planning, Inc. (MEP) was retained to prepare a traffic study for the development, located at Yamato Road, Boca Raton, FL (PCN: and ). The site is proposed for a buildout by The proposed project is expected to generate the following net external trips: a I, 147 daily, 119 AM peak hour, and 118 PM peak hour trips. The proposed project is expected to generate the following cumulative driveway trips: ll} 2,305 daily, 235 AM peak hour (125 in, 113 out), and 249 PM peak hour (125 in, 124 out) The project satisfies the Palm Beach County Traffic Performance Standards (Test One - Part I, Test One- Part II, and Test Two- Part I). The existing intermediate driveways are projected to operate acceptably in the future and. do not require additional right turn-lanes. One technical deviation is required from section because the eastern driveway does not meet all of the technical requirements for an intermediate driveway. The technical deviation meets the City Code requirements for deviations and is recommended for approval Page i

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97 ckenzie Engineering & Planning, Inc SW Civic Lane o Port Saint Lucie o Florida o (772) o ra To: From: Date: Re: Doug Mummaw Shaun G. MacKenzie, P.E. September 8, 2013 Updated May 9, Yamato Road ly HNTJROJI)UCTHON The subject property at 331 Yamato Road currently contains a 17,330 square foot 2-story retail building containing the retailer, Sound Advice. The site once contained a 3,243 square foot f~st food restaurant, which has been demolished. SHTJE OJRSJEJRVATHON ANU JI)ATA COLlLJECTllON Parking In order to determine the function of the current parking and driveways, field observations were performed at the site. MacKenzie Engineering and Planning,. Inc; (MEP) staff performed parking observations on June 20, 2013, June 25, 2013, June 26, 2013, March 28, 2014, and March 29, 2014 between the hours of 11:00 AM and 8:00 PM. The parking study captured five days of data and uses the highest observed count of the day. The highest observed count was 12 spaces on Tuesday, June 25, 2013 at 12:30 PM. The 12 peak observed vehicles in June is more than the observations of parked vehicles during the peak season. Therefore a peak season peak demand factor was not applied. The observations were increased be 15 percent to account for adequate turnover. Thus the peak demand is 14 spaces. The western portion of the site is currently being used by employees within the office building to the north and west. The peak observed count of office employee vehicles was 50 on Friday March 29, 2014 at 12:30 PM. The observed parking patterns were easily discernible and there y..tas no observed overlap between the 331 Yamato parked vehicles and vehicles parked on the site using the adjacent office buildings. Driveways Driveway volumes were observed on June 20, Based on the observations, the peak observed driveway volume at driveway 1, the closest driveway to Sound Advice, was eight (8) vehicles from 5:15 PM to 6:15 PM.

98 cke:nzie Engineering &: Planning, Inc. Tedl::anical Deviation for Picking up and Droppilllg off Per ons, A technical deviation is being requested due to not meeting the minimum parking requirement for picking up and dropping off of persons. We offer our responses in regards to the City of Boca Raton's Code Sec. 28~1659(2)1-5: Sec. 28~ Special considerations and exceptions. (2) In the case of special parking problems or needs, an applicant may request technical deviations from these requirements which request shall be based upon a detailed parking study. (a) A parkirig study shall be performed by a qualified professional engineer, architect, or planner experienced in parking studies. The study shall demonstrate how the technical deviation meets each of the following standards. The planning and zoning board, the city council, or the community redevelopment agency, as appropriate, shall deny any application that does not meet the following standards: 1. The technical deviation will provide adequate parking for the development and any reasonably foreseeable future user(s) of the development. In determining the adequacy of the parking, any potential short term or long term changes of uses or conditions, which may affect the adequacy of the parking, shall be considered. This technical deviation provides adequate parking for the proposed user based on the parking analysis. This same analysis is also valid for future users. Should a future user desire a pick-up and drop-off area, the entrance area could be modified to accommodate a pick-up and drop-off area and still provide adequate parking on-site. 2. The technical deviation results in preferable environmental impacts or parking design. This technical deviation will have positive environmental impacts from a reduction in vehicle emissions. The removal of the drop-off/pick-up area allows for preferred traffic circulation within the site. The absence of a car line (during drop-off and pick-up) mean$ that vehicles will not queue or idle for lo~g periods of time, which will reduce vehicle emissions. Carbon monoxide vehicle emissions are at their highest during vehicle idling. Furthermore, the design of a car line would result in additional unnecessary asphalt since the proposed user will not utilize a car line. i, I!! I i ;I 3. The technical deviation is the minimum deviation necessary for the petitioner to make reasonable use of the property. The technical deviation is the minimum deviation necessary to make reasonable use of the property. Due to the size limitations on the site area, this technical deviation for the removal of drop-off/pick-up area is necessary for a more efficient use of the parking area. It should be noted that the use of the proposed parking lot will provide ;t more efficient drop-off/pick-up operation. All vehicles will be contained on-site. Future users could modify the parking if desired to allow for a drop~off/pick-up area. I I I I

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