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Agenda 04-16-24The City of Boynton Beach City Commission Agenda Tuesday, April 16, 2024, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Ty Penserga, Mayor (At Large) Aimee Kelley, Vice Mayor (District IV) Angela Cruz, Commissioner (District I) Woodrow L Hay, Commissioner (District II) Thomas Turkin, Commissioner (District III) Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org Welcome Thank you for attending the City Commission Meeting 1 General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or 2 1.Openings A.Call to Order - Mayor Ty Penserga 2.Other A.Information Items by members of the City Commission. 3.Announcements, Community and Special Events And Presentations A.Announcement- Senior Health Fair. B.Announcement- Mother's Day luncheon. participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Maylee De Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Roll Call. Invocation by Pastor Bryce Hutson, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Mayor Ty Penserga. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. The semi-annual Senior Health Fair will be from 10 A.M. to Noon, Tuesday, April 23rd, at the Ezell Hester Jr. Community Center, 1901 N. Seacrest Blvd. This is a free, community event that will provide resources, free health screenings and giveaways for seniors. For more information, contact the Boynton Beach Senior Center at 561-742-6570, or visit the website www.wemakelifefun.com. The Recreation and Parks Department will host its annual Mother's Day luncheon at 11 A.M. Saturday, April 27th, at Intracoastal Park clubhouse, 2240 N. Federal Highway. The cost of the event is $23 for residents and $28 for non-residents, which includes lunch and a special gift for all mothers in attendance. To register, call the Recreation & Parks registration office at 561-742-6650, or visit the website 3 C.Announcement- the Adaptive Pickleball Clinic D.Proclamation- Child Abuse Prevention Month. E.Legislative Update by Senator Lori Berman and Representative Joe Casello. 4.Public Audience 5.Administrative A.Proposed Resolution No. R24-078- Establishing an auditor selection committee, appointing the members, and designating a member of the City Commission to serve as the Committee Chair as required by section 218.391, Florida Statutes. B.Community Support Funds. 6.Consent Agenda A.Proposed Resolution No. R24-079- Declaring a .012-acre portion of the property located at 3501 N. Congress Avenue surplus and approving and authorizing the Mayor to sign a Warranty Deed conveying the right-of-way corner clip for intersection improvements at Congress Avenue and Miner Road within the City of Boynton Beach from the City to Palm Beach County. B.Proposed Resolution No. R24-080- Approving an agreement with Plotbox, Inc., for cemetery mapping and record keeping software in an amount not to exceed $76,512. C.Proposed Resolution No. R24-081- Approve and authorize the City Manager to sign the Easement Agreement between 51 Hypoluxo, LLC, ("Grantor") and the City of Boynton Beach ("Grantee") for construction, operational repair, maintenance, and future replacement of a sanitary sewer lift station and underground wastewater infrastructure. www.wemakelifefun.com. In recognition of World Autism Month, children with autism and other special needs will get the chance to play pickleball at the City's FREE Adaptive Pickleball Clinic, which will take place at 9 A.M., Saturday, April 20, at the Ezell Hester Jr. Community Center, 1901 N. Seacrest Blvd. For more information, call 561-742-6652 or email EvansJ@bbfl.us. Mayor Penserga will read the proclamation into the record. The proclamation will be accepted by Kemberly Bush, CEO for Pathways to Prosperity, Inc., and Hallie Balbuena, Site Director for Bridges at Boynton Beach. Senator Lori Berman and Representative Joe Casello will be giving an update on the Legislative Session. Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission). Staff recommends approval of Proposed Resolution No. R24-078. Approve Community Support Funds from Commissioner Cruz. Staff recommends approval of Proposed Resolution No. R24-079. Staff recommends approval of Proposed Resolution No. R24-080. Staff recommends approval of Proposed Resolution No. R24-081. 4 D.Proposed Resolution No. R24-082- Approving Releases of Claim and Indemnification Agreements totaling $200,000 in the matter of Devon Schulte, Staci Schulte, and Devon Schulte, as Father and Natural Guardian of T.S., a minor v. City of Boynton Beach, filed in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, Case No. 50-2023-CA-003474-XXXX-MB. E.Proposed Resolution No. R24-083- Approving a Partial Release of Mortgage for 104 East Gateway Boulevard, Boynton Beach, Florida 33435. F.Approve renewal report for one-year extension for RFPs/RFQs/Bids and/or Piggyback for the procurement services and/or commodities under $100,000 as described in the written report for April 16, 2024 - " Request for Extensions and/or Piggybacks." 7.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-084- Approving a change order to purchase order #240517 with Governmentjobs.com, Inc., increasing the total purchase order to an amount not to exceed $172,000, for a human resources software subscription. B.Proposed Resolution No. R24-085- Approve and Authorize the City Manager to execute a First Amendment and Consent to Assignment of Town Square / City Facilities Maintenance Services Agreement in order to remove HVAC maintenance and Electrical Systems Maintenance from the agreement and assign the current Agreement with ABM Building Solutions, LLC, to AMB Industry Groups, LLC, in accordance with Article 15 of the Agreement. 8.Public Hearing 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Ordinance No. 24-007- Second Reading - An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for an approximately .587 acre parcel of real property located at 2508 North Federal Highway, Boynton Beach, Florida, by changing the future land use classification from local retail commercial (LRC) to high density residential (HDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Proposed Ordinance No. 24-008- Second Reading - An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 02-013 to rezone an approximately .587 acre Staff recommends approval of Proposed Resolution No. R24-082. Staff recommends approval of Proposed Resolution No. R24-083. No action is required. Staff is complying with written reporting requirements. Staff recommends approval of Proposed Resolution No. R24-084. Staff recommends approval of Proposed Resolution No. R24-085. 5 parcel of real property located at 2508 North Federal Highway, Boynton Beach, Florida, from community commercial (C-3) to infill planned unit development (IPUD); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. B.Approve Development Order for a Community Design Appeal (CDPA 2024.02.16905) for Potter Townhomes of Part III, Chapter 4, Article III, Section 3.H. "Downspouts," requiring external downspouts to be enclosed within the building structure. C.Approve Development Order for Variance 2024.02.16905 for Part III, Chapter 4, Article II, Section 4.B.3.c- Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer and the elimination of the requirement to provide a six (6) foot high masonry wall for the Potter Townhomes project. D.Approve Development Order for New Master Plan and New Site Plan (NMP, NWSP- 2023.06.12894) for Potter Townhomes to construct 8 townhome units, amenities, and associated site improvements on a 0.587-acre site, located at 2508 N Federal Highway. E.Proposed Ordinance No. 24-011- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Chapter 3, "Zoning," Article III. "Zoning Districts and Overlay Zones," Section 8(c)(7)(c) "Fenestration Requirements" of the land development regulations, providing for conflicts, severability, codification, and an effective date. 9.City Manager’s Report 10.Unfinished Business A.Consideration of proposed Unity Project Murals. 11.New Business A.Discuss options for the Central Parcel of the Town Square Master Plan. B.Local Business Preference Overview Presentation Staff recommends approval of Ordinance No. 24-007 and Ordinance No. 24-008, on Second Reading. Staff recommends approval of the Development Order for Community Design Appeal (CDPA 2024.02.16905) for Potter Townhomes project. Staff recommends approval of the Development Order for the requested relief (Variance - 2023.06.12894) for the Potter Townhomes project. Staff recommends approval of the Development Order for the New Master Plan and New Site Plan (NMP, NWSP-2023.06.12894) for the Potter Townhomes project. Staff recommends approval of Proposed Ordinance No. 24-011 on First Reading. Staff requests the City Commission recommend approval or denial of the proposed Unity Project Murals. Presentation to the City Commission regarding potential development options for the Central Parcel of the Town Square Master Plan located at 129 E. Ocean Avenue. Discuss Local Business Preference. 6 C.Proposed Ordinance No. 24-009- First Reading, An Ordinance of the City of Boynton Beach, Florida Amending Part II, Chapter 18, Article IV, "Pensions for Firefighters" of the City Code of Ordinances; by Amending Sections 18-180.2 and 18-194 to create a 2.8% COLA for Firefighters who complete eight years of drop participation to be funded with a 6% employee pick-up contribution during drop participation; amending section 18-180.2 to delay the 2% cola for disability retirees until five years following the date that would have been the disability retiree's normal retirement date; and amending Section 18-182 to lower the service-connected disability payment from 66 2/3% to 60% for disability retirement after the effective date; providing for severability. D.Proposed Ordinance No. 24-010- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Part II, Chapter 14, by creating Section 14.6 of the Code of Ordinances declaring purpose and intent, authorizing placement and installation of a school zone speed detection system, providing for implementation of general law by the City Manager and designation of local hearing officer; making findings regarding relevant traffic data and evidence warranting additional enforcement procedures and designating school zone speed detection system locations, which constitute a heightened safety risk; providing for conflicts, severability, codification, and an effective date. 12.Legal 13.Future Agenda Items A.Discussion regarding existing regional programs and best practices to combat homelessness in the City. - May 7, 2024 B.Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD C.Discussion regarding combining City properties together to create senior affordable housing . - TBD D.Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- TBD E.Discussion regarding a waiver process and criteria for workforce housing projects. - TBD F.Discussion regarding infrastructure, specifically paving in the City. - TBD G.Proposed Resolution No. R24-056- Adoption of the 2023-2028 Strategic Plan for the City of Boynton Beach. Staff recommends approval of Proposed Ordinance No. 24-009, on First Reading. Staff recommends approval of Proposed Ordinance No. 24-010, on First Reading. Discussion requested by Commissioner Hay. Requested by Vice Mayor Turkin. Requested by Mayor Penserga. Requested by Commission Hay. Requested by Vice Mayor Turkin. Requested by Vice Mayor Turkin and Commissioner Cruz. Staff recommends approval of Proposed Resolution No. R24-056. 7 H.Discussion regarding Restrictive Covenant for Harvey Oyer Park - TBD I.Overview and discussion regarding beautification plan. - TBD 14.Adjournment Discussion requested by Commissioner Turkin. Discussion requested by Mayor Penserga. Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the City to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the City Clerk. 8 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 04/16/2024 Meeting Date: 04/16/2024 Announcement- Senior Health Fair. Requested Action: The semi-annual Senior Health Fair will be from 10 A.M. to Noon, Tuesday, April 23rd, at the Ezell Hester Jr. Community Center, 1901 N. Seacrest Blvd. This is a free, community event that will provide resources, free health screenings and giveaways for seniors. For more information, contact the Boynton Beach Senior Center at 561-742-6570, or visit the website www.wemakelifefun.com. How will this affect city programs or services? Regular scheduled recreation programming at Ezell Hester Jr. Community Center has been rescheduled. Attachments: Senior Health Fair Presentation (2).png 9 10 City of Boynton Beach Agenda Item Request Form 3.B Announcements, Community and Special Events And Presentations 04/16/2024 Meeting Date: 04/16/2024 Announcement- Mother's Day luncheon. Requested Action: The Recreation and Parks Department will host its annual Mother's Day luncheon at 11 A.M. Saturday, April 27th, at Intracoastal Park clubhouse, 2240 N. Federal Highway. The cost of the event is $23 for residents and $28 for non-residents, which includes lunch and a special gift for all mothers in attendance. To register, call the Recreation & Parks registration office at 561-742-6650, or visit the website www.wemakelifefun.com. Fiscal Impact: This is a budgeted item. Attachments: Mother's Day Luncheon-Postcard (2).png 11 12 City of Boynton Beach Agenda Item Request Form 3.C Announcements, Community and Special Events And Presentations 04/16/2024 Meeting Date: 04/16/2024 Announcement- the Adaptive Pickleball Clinic Requested Action: In recognition of World Autism Month, children with autism and other special needs will get the chance to play pickleball at the City's FREE Adaptive Pickleball Clinic, which will take place at 9 A.M., Saturday, April 20, at the Ezell Hester Jr. Community Center, 1901 N. Seacrest Blvd. For more information, call 561-742-6652 or email EvansJ@bbfl.us. 13 City of Boynton Beach Agenda Item Request Form 3.D Announcements, Community and Special Events And Presentations 04/16/2024 Meeting Date: 04/16/2024 Proclamation- Child Abuse Prevention Month. Requested Action: Mayor Penserga will read the proclamation into the record. The proclamation will be accepted by Kemberly Bush, CEO for Pathways to Prosperity, Inc., and Hallie Balbuena, Site Director for Bridges at Boynton Beach. Explanation of Request: NA How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Child Abuse Prevention Month.docx 14 Proclamation WHEREAS, too many children in our county are endangered by abuse and neglect, a serious threat to their well-being now and through adulthood. Toxic stress that stems from abuse can damage young children’s developing brains, creating risk factors for learning, developmental delays and behavioral problems, as well as later violence and criminal activity. Thus, hindering their future achievements, which has huge implications for our whole community; and WHEREAS, most of the victims are under age 5 and, even more disturbing, more than 70% of children who die from abuse are under age 4,and tragically, nearly 30% of abused or neglected children will later abuse their own children, continuing the horrible cycle; and WHEREAS, one-third to two-thirds of child maltreatment cases involve substance abuse to some degree. Children who experience child abuse & neglect are about 9 times more likely to become involved in criminal activity; and WHEREAS, about 80% of 21-year-olds who were abused as children met criteria for at least one psychological disorder, and abused children are 25% more likely to experience teen pregnancy; and WHEREAS, Pathways to Prosperity / BRIDGES at Boynton Beach provide services so that children grow up healthy, safe and strong. Our four primary goals being: Babies are Born Healthy • Children are Safe from Abuse and Neglect • Children are Ready for Kindergarten • Children Have Access to Quality Afterschool and Summer Programs. NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of April of Two Thousand Twenty-Four as: CHILD ABUSE PREVENTION MONTH IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 16th day of April Two Thousand Twenty-Four. Ty Penserga, Mayor ATTEST: Maylee De Jesús,MMC,City Clerk 15 City of Boynton Beach Agenda Item Request Form 3.E Announcements, Community and Special Events And Presentations 04/16/2024 Meeting Date: 04/16/2024 Legislative Update by Senator Lori Berman and Representative Joe Casello. Requested Action: Senator Lori Berman and Representative Joe Casello will be giving an update on the Legislative Session. Fiscal Impact: There is no fiscal impact to the budget for this item. 16 City of Boynton Beach Agenda Item Request Form 5.A Administrative 04/16/2024 Meeting Date: 04/16/2024 Proposed Resolution No. R24-078- Establishing an auditor selection committee, appointing the members, and designating a member of the City Commission to serve as the Committee Chair as required by section 218.391, Florida Statutes. Requested Action: Staff recommends approval of Proposed Resolution No. R24-078. Explanation of Request: The City's contract with its external audit firm, Marcum, LLP, will end with the conclusion of the FY 2023 audit cycle, and the auditor firm for subsequent fiscal year financial audits will need to be selected. Pursuant to section 218.391, Florida Statutes, the City Commission is required to establish an Auditor Selection Committee (Committee) to assist the governing body in selecting an auditor. The Committee will be responsible for selecting an auditor in compliance with sections 218.391(3) and 218.391(4), Florida Statutes. The Committee will assist the City Commission in the selection of a certified public accounting firm to conduct the City's required annual audit in accordance with the duties specified in section 218.391, Florida Statues, by establishing factors to use for the evaluation of audit services to be provided by a certified public accounting firm, publicly announcing requests for proposals, evaluating the proposals, and ranking and recommending firms in order of preference to the City Commission. The Committee must consist of a minimum of (3) members, which must include a member of the Boynton Beach City Commission who will serve as the Committee Chair. City staff requests the City Commission appoint (5) Committee members and one (1) alternate Committee member. Members must possess a general understanding of governmental financial reporting and auditing, as defined in section 218.391, Florida Statutes. Except for the elected official, members may not be employees of the City, and pursuant to section 218.391, Florida Statutes, the member of the City Commission serving on the Committee must serve as the chair of the Committee. City staff has prepared recommendations for appointments who are managerial level governmental finance personnel from neighboring cities. The Auditor Selection Committee will solicit certified public accounting firms qualified to complete the City's required annual audit through a request for proposal process as required in section 218.391(3), Florida Statutes. The auditor selection committee will evaluate and rank the proposals in order of preference. Finally, the Auditor Selection Committee will present its ranked recommendations to the City Commission for consideration to award and authorize the City Manager to negotiate a contract with the selected firm in accordance with section 218.391, Florida Statutes. 17 The Audit Selection Committee will be deemed dissolved after the City Commission approves a contract with the selected certified accounting firm. City staff proposes the appointment of the following members: 1) Eric Marmer Assistant Town Manager Town of Manalapan Email: emarmer@manalapan.org 2) Beatrice Good Finance and HR Administrator South Central Regional Wastewater Treatment and Disposal Board Email: emarmer@manalapan.orgbgood@scrwwtp.org 3) Vicki Hill Finance Director Boynton Beach Community Redevelopment Agency Email: HillV@bbfl.us 4) Jobara Jenkins Accounting and Finance Manager Boynton Beach Community Redevelopment Agency Email: JenkinsJ@bbfl.us 5) To Be Determined Commission Member TBD City of Boynton Beach Email: ________________________ ALTERNATE 6) Yannick Ngendahayo Finance Director City of Lake Worth yngendahayo@LakeWorthBeachfl.gov The City's Director of Finance shall serve as an advisor to the Committee. City staff is authorized to provide support to the Committee. How will this affect city programs or services? Approval will allow the City to comply with Florida law for selection of an external audit firm beginning with FY 2024 financials. Fiscal Impact: Estimated $110,000. Attachments: R24-078 Agenda_Item_1376-2023_Resolution_for_Auditor_Selection_Committee.docx 18 RESOLUTION NO. R24-0781 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, ESTABLISHING AN AUDITOR SELECTION 4 COMMITTEE, APPOINTING ITS MEMBERS, AND DESIGNATING A 5 MEMBER OF THE CITY COMMISSION TO SERVE AS ITS CHAIR AS 6 REQUIRED BY SECTION 218.391, FLORIDA STATUTES; PROVIDING FOR 7 CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE 8 DATE; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, the City's contract with audit firm Marcum, LLP, will be ending with the 11 conclusion of the Fiscal Year 2023 audit cycle; and12 WHEREAS, the auditors for financial audits to be conducted for subsequent fiscal 13 years need to be selected; and14 WHEREAS, pursuant to section 218.391, Florida Statutes, the City Commission is 15 required to establish an Auditor Selection Committee (Committee) to assist the governing 16 body in selecting an auditor and to fulfill the responsibilities listed in section 218.391(3) and 17 218.391(4), Florida Statutes. The Committee must consist of a minimum of three (3) members,18 which must include a member of the Boynton Beach City Commission who will serve as the 19 Committee Chair; and20 WHEREAS, the City Commission is asked to appoint five (5) Committee members and 21 one (1) alternate Committee member. Members must possess a general understanding of 22 governmental financial reporting and auditing, as defined in section 218.391, Florida Statutes, 23 and except for the elected official, members may not be employees of the City; and24 WHEREAS, pursuant to section 218.391, Florida Statutes, a member of the City 25 Commission must serve as the Chair of the Committee, and the City Commission is asked to 26 designate the Committee Chair; and27 WHEREAS, City staff has prepared recommendations for appointments who are 28 managerial level governmental finance personnel from neighboring cities; and29 WHEREAS, the Auditor Selection Committee will solicit certified public accounting 30 firms that are qualified to complete the City's required annual audit through a request for 31 proposal process as required in section 218.391(3), Florida Statutes; and32 19 WHEREAS, the Auditor Selection Committee will evaluate and rank, in order of 33 preference, the proposals received from qualified certified public accounting firms; and34 WHEREAS, the Auditor Selection Committee will present its ranked recommendations 35 to the City Commission for consideration; and36 WHEREAS, the City Commission will select a certified public accounting firm and 37 authorize the City Manager to negotiate a contract for auditing services with the selected firm, 38 in accordance with section 218.391, Florida Statutes; and39 WHEREAS, the Auditor Selection Committee will be deemed dissolved after the City 40 Commission approves a contract with the selected certified public accounting firm; and41 WHEREAS, the City Commission of the City of Boynton Beach, upon the 42 recommendation of staff, deems it in the best interest of the citizens and residents of the City 43 of Boynton Beach to establish an auditor selection committee, appoint its members, and 44 designate a member of the City Commission to serve as its chair as required by section 45 218.391, Florida Statutes.46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 47 BOYNTON BEACH, FLORIDA, THAT:48 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 49 being true and correct and are hereby made a specific part of this Resolution upon adoption 50 hereof. 51 SECTION 2.Pursuant to section 218.391, Florida Statutes, the City Commission of 52 the City of Boynton Beach, Florida, hereby establishes an Auditor Selection Committee to assist 53 the City Commission in the selection of a certified public accounting firm to conduct the City's 54 required annual audit in accordance with the duties specified in section 218.391, Florida 55 Statutes, by establishing factors to use for the evaluation of audit services to be provided by 56 a certified public accounting firm, publicly announcing requests for proposals, evaluating the 57 proposals, and ranking and recommending firms in order of preference to the City 58 Commission for an auditor to conduct the annual financial audit in accordance with Section 59 218.391, Florida Statutes.60 20 SECTION 3.The City Commission of the City of Boynton Beach hereby designates61 Commissioner ___________________________ to serve as its chair as required by section 218.391, 62 Florida Statutes.63 SECTION 4.The City Commission of the City of Boynton Beach hereby appoints the 64 following members: 65 1) Eric Marmer66 Assistant Town Manager67 Town of Manalapan68 Email: emarmer@manalapan.org69 70 2) Beatrice Good71 Finance and HR Administrator72 South Central Regional Wastewater Treatment and Disposal Board73 Email: emarmer@manalapan.orgbgood@scrwwtp.org74 75 3) Vicki Hill76 Finance Director77 Boynton Beach Community Redevelopment Agency78 Email: HillV@bbfl.us79 80 4) Jobara Jenkins81 Finance Director82 Boynton Beach Community Redevelopment Agency83 Email: JenkinsJ@bbfl.us84 85 5) ____________________________________86 Commissioner 87 City of Boynton Beach88 Email: ________________________________89 90 ALTERNATE:91 92 6) Yannick Ngendahayo93 Finance Director94 City of Lake Worth95 yngendahayo@LakeWorthBeachfl.gov96 97 SECTION 5.The City Commission hereby authorizes the City's Director of Finance 98 to serve as an advisor to the Committee and authorizes City Staff to provide support to the 99 21 Committee. 100 SECTION 6.This Resolution shall take effect as provided by law.101 PASSED AND ADOPTED this 16th day of April 2024.102 CITY OF BOYNTON BEACH, FLORIDA103 YES NO104 105 Mayor – Ty Penserga __________106 107 Vice-Mayor – Aimee Kelley __________108 109 Commissioner – Angela Cruz __________110 111 Commissioner – Woodrow L. Hay __________112 113 Commissioner – Thomas Turkin __________114 115 VOTE ______116 ATTEST:117 118 119 ___________________________________________________________120 Maylee De Jesús, MPA, MMC Ty Penserga121 City Clerk Mayor122 123 APPROVED AS TO FORM:124 (Corporate Seal)125 126 _______________________________127 Shawna G. Lamb128 City Attorney129 130 22 City of Boynton Beach Agenda Item Request Form 5.B Administrative 04/16/2024 Meeting Date: 04/16/2024 Community Support Funds. Requested Action: Approve Community Support Funds from Commissioner Cruz. How will this affect city programs or services? NA Fiscal Impact: There will be no fiscal impact to the budget for this item. Attachments: Santaluces Community High School Young In Faith, LLC Guery UIlysse.doc 23 R15-055 R22-140 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7C0BA8F4\@BCL@7C0BA8F4.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: April 12, 2024 Requested by Mayor/Commissioner:Commissioner Cruz________ _ _ Amount Requested:$1,000___ ___ _______ __ Recipient/Payee:Santaluces Community High School earmarked for Young in Faith, LLC Description of project, program, or activity to be funded: helps lead Young in Faith and its efforts in high schools in Boynton Beach to bring encouraging clubs and lunch discussions all year long that help students feel supported in making good decisions with their life even if they are surrounded with peer pressure to make bad decisions_____________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $5,000. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________By: ________________________________ Requesting Member of the City Commission 24 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 04/16/2024 Meeting Date: 04/16/2024 Proposed Resolution No. R24-079- Declaring a .012-acre portion of the property located at 3501 N. Congress Avenue surplus and approving and authorizing the Mayor to sign a Warranty Deed conveying the right-of-way corner clip for intersection improvements at Congress Avenue and Miner Road within the City of Boynton Beach from the City to Palm Beach County. Requested Action: Staff recommends approval of Proposed Resolution No. R24-079. Explanation of Request: The County is improving the intersection at Congress Avenue and Miner Rd., Project No. 2019112. The County requested that the City convey title through a warranty deed to a .012-acre right-of-way corner clip adjacent to the City's Fire Station No. 3, located at 3501 N. Congress Avenue. The property is not needed for City purposes. City staff recommends that the City Commission declare the property surplus and approve the conveyance. How will this affect city programs or services? There is no impact to City programs or services. Fiscal Impact: There is no fiscal impact to the City. Attachments: R24-079___Agenda_Item_1350-2023_Resolution_for_Warranty_Deed_with_PBC-FInal.docx Exhibit A to Resolution - 2019112 Miner Rd & Congress Ave Warranty Deed.pdf Exhibit A to Deed - CORNER CLIP.pdf Title Report - effective date 021224.pdf Roadway Sheet (2019112).pdf 25 RESOLUTION NO. R24-0791 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, DECLARING AN APPROXIMATELY .012-ACRE PORTION 4 OF THE PROPERTY LOCATED AT 3501 N. CONGRESS AVENUE, BOYNTON 5 BEACH, TO BE SURPLUS, SELECTING THE METHOD OF DISPOSITION TO 6 BE TRANSFERRED TO PALM BEACH COUNTY, AND AUTHORIZING THE 7 MAYOR TO SIGN A WARRANTY DEED BETWEEN THE CITY OF BOYNTON 8 BEACH ("GRANTOR") AND PALM BEACH COUNTY (“GRANTEE”) 9 CONVEYING TITLE TO THE RIGHT-OF-WAY CORNER CLIP FOR THE 10 INTERSECTION IMPROVEMENTS AT CONGRESS AVENUE AND MINER 11 ROAD; AND PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 12 PURPOSES. 13 14 WHEREAS,Palm Beach County (“County”) is doing an intersection improvement at 15 Congress Avenue and Miner Road, Project No. 2019112. The County requested the City convey 16 title to a .012-acre piece of a right-of-way corner clip adjacent to City Fire Station No. 3, located 17 at 3501 N. Congress Avenue; and18 19 WHEREAS, Chapter 2, Article IV, Section 2-56 (c) of the City of Boynton Beach Code of 20 Ordinances authorizes the City Commission to dispose of real property that is determined to 21 be in the best interest of the City; and22 23 WHEREAS, before any improved or unimproved property owned by the City can be 24 sold, the City Commission must first declare the property to be surplus; and25 26 WHEREAS, the City Commission, upon recommendation of staff, declares an 27 approximately .012-acre portion of the property located at located at 3501 N. Congress 28 Avenue, as further described in “Exhibit A,” to be surplus; and29 30 WHEREAS, the Commission, upon recommendation of staff, has deemed it to be in the 31 best interests of the citizens and residents of the City to declare the property surplus and 32 approve and authorize the Mayor to sign a Warranty Deed between the City of Boynton Beach 33 ("Grantor") and County (“Grantee”) for the right-of-way corner clip for the intersection 34 improvements at Congress Avenue and Miner Road within the City of Boynton Beach.35 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 37 BOYNTON BEACH, FLORIDA, THAT:38 39 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 40 being true and correct and are hereby made a specific part of this Resolution upon adoption.41 42 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 43 declare an approximately .012-acre portion of the City owned property located at 3501 N. 44 26 Congress Avenue, further described in “Exhibit A”as surplus, select the method of disposition 45 to be conveyance to the County, and approve the Warranty Deed between the City of Boynton 46 Beach ("Grantor") and Palm Beach County (“Grantee”) for the right-of-way corner clip for the 47 intersection improvements at Congress Avenue and Miner Road within the City of Boynton 48 Beach. 49 50 SECTION 3.The City Commission hereby authorizes the Mayor to execute the 51 Warranty Deed, in form and substance similar to “Exhibit A,”and any other documents 52 necessary to effectuate the transaction, subject to approval by the City Attorney’s Office.53 54 SECTION 4.Upon execution of the Warranty Deed by the City, the City Clerk shall 55 record the Deed in the Public Records of Palm Beach County. 56 57 SECTION 5.This Resolution shall take effect in accordance with law.58 59 PASSED AND ADOPTED this 16th day of April 2024.60 CITY OF BOYNTON BEACH, FLORIDA61 YES NO62 63 Mayor – Ty Penserga __________64 65 Vice Mayor – Aimee Kelley __________66 67 Commissioner – Angela Cruz __________68 69 Commissioner – Woodrow L. Hay __________70 71 Commissioner – Thomas Turkin __________72 73 VOTE ______74 ATTEST:75 76 ___________________________________________________________77 Maylee De Jesús, MPA, MMC Ty Penserga78 City Clerk Mayor79 80 APPROVED AS TO FORM:81 (Corporate Seal)82 83 _______________________________84 Shawna G. Lamb85 City Attorney86 27 Page 1 of 2 Return via Palm Beach County interoffice mail to: Wildad Salomon, Right-of-Way Specialist Palm Beach County, Engineering & Public Works Department Roadway Production Division 2300 North Jog Road, 3rd Floor West West Palm Beach, Florida 33411-2750 This Instrument Prepared by: Yelizaveta B. Herman, Assistant County Attorney Palm Beach County Attorney’s Office Post Office Box 21229 West Palm Beach, Florida 33416-1229 Property Control Number: Portion of 08-43-45-18-00-000-1010 Purchase Price: $0 Closing Date: _____________________ NOT TO BE RECORDED WITHOUT BOARD OF COUNTY COMMISSIONERS ACCEPTANCE DATE SPACE ABOVE THIS LINE FOR PROCESSING DATA PROJECT NO.: 2019112 ROAD NAME: Miner Road and Congress Avenue PARCEL NO.: 101 WARRANTY DEED THIS DEED is made this _____ day of , 20____, by CITY OF BOYNTON BEACH FLORIDA, a Florida municipal corporation, whose post office address is PO Box 310, Boynton Beach, Florida 33425-0310, (“Grantor”), to PALM BEACH COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, whose post office address is Post Office Box 21229, West Palm Beach, Florida 33416-1229, (“Grantee”). WITNESSETH: That Grantor, for and in consideration of the sum of TEN ($10.00) dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, all that certain land situate in Palm Beach County, Florida: Property more particularly described in Exhibit "A" attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with said Grantee that said Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, including but not limited to mortgages, all liens, and special assessments, except taxes subsequent to the closing date. 28 Page 2 of 2 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the date first above written. Signed, sealed and delivered in the presence of: Grantor: (Signature of two witnesses required by Florida law) CITY OF BOYNTON BEACH, a Florida municipal corporation Witness Signature (Required) By: MAYOR TY PENSERGA Witness Name Printed or Typed Witness Signature (Required) (CORPORATE SEAL) Witness Name Printed or Typed STATE OF_________________________________ COUNTY OF_______________________________ Before me personally appeared Ty Penserga, who is (choose one) □ personally known to me, or □ has produced as identification, and who executed the foregoing instrument as Mayor of the City of Boynton Beach, a Florida municipal corporation, and severally acknowledged to and before me by means of (choose one) □ physical presence or □ online notarization, that they executed such instrument as such officer of said corporation, and that said instrument is the free act and deed of said corporation. Witness my hand and official seal this day of , 20____. ________________________________ Notary Signature Notary Public, State of ______________ (Stamp/Seal) ________________________________ Print Notary Name ________________________________ Commission Number My Commission Expires: ____________ N:\R_O_W\Wildad\2019112 MINER ROAD & CONGRESS AVENUE\WD 4-Corp.docx 29 30 31 32 Palm Beach County Roadway Production _________________ Title Report C:\Users\tsharp\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\WTS5FC1C\Title Report.docx Page 1 of 3 ROADWAY PRODUCTION TITLE REPORT Effective Date: February 12, 2024 Project Name: Miner Rd & Congress Ave Project Number: 2019112 Project Limits: SW Conner Clip Parcel Number: 101 Description of Transaction: Acquisition Property Control Number: 08-43-45-18-00-000-1010 Homestead Status: Not Homesteaded Title Abstractor: John Weichel Title is vested in: City of Boynton Beach by Warranty Deed, dated February 1, 1984, Recorded February 28, 1984, in Official Records Book 4171, Page 215 The Land referred to in this title report is described as follows per vesting deed: Address per Vesting Deed: Mailing Address per PAPA: Site Address per PAPA: P.O. Box 310 P.O. Box 310 3501 N Congress Ave. Boynton Beach, Fl. Boynton Beach, Fl. Boynton Beach, Fl. 33425-0310 33425-0310 33426 33 Palm Beach County Roadway Production _________________ Title Report C:\Users\tsharp\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\WTS5FC1C\Title Report.docx Page 2 of 3 DOCUMENTS FOUND OF PUBLIC RECORD: 1. Right of Way Easement dated September, 1989, Recorded January 31, 1990, in Official Records Book 6339, Page 1072, in favor of Southern Bell Telephone and Telegraph Company. Property Taxes Are PAID 34 Palm Beach County Roadway Production _________________ Title Report C:\Users\tsharp\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\WTS5FC1C\Title Report.docx Page 3 of 3 PLATS NONE NOTE: Please request title update prior to accepting deed. There may be judgments that were uncertified as of the effective date of title report that have subsequently been certified and may attach to the real property. For informational purposes only: (show any additional addresses found other than deed & PAPA and any docs if you are not sure of) NONE 35 36 37 38 39 40 41 42 43 44 45 46 EM DM E E C C C C E T T T T C C T C MD s T E C T T T MD MD MD MD N 10 40 Feet 0 N 10 40 Feet 0 101102PI STA. 103+00.00103LIMITS OF MILLING & RESURFACING WIDENING MINER ROAD EXIST. R/W EXIST. R/W EXIST. R/W EXIST. R/W EXIST. R/W EXIST. R/W 55' 53' 54' 54' 60' 60' 50' 50' 60' 60' CONGRESS AVENUE £ SURVEY CR-D CR-C CR-C CR-C CR-C CR-D CR-A CR-A50' R 40'R 50'R 35'R 52'R 76.42' RT +56.76 52.50' RT +81.74 82.35' RT +40.4979.51' RT +46.5025'RTO BE REMOVED EXIST. STRUCTURE MINER ROAD £ SURVEY 'F' C&G CONST. TYPE CONST. CONC. SWK. 3'R EXIST. R/W 50'R CONC. SWK. CONST. 6' +46.37 MATCH EXIST. +83.73 MATCH EXIST. NO. 520-020 PER FDOT INDEX (TYPE IV, OPTION II) SEPARATOR CONST. TRAFFIC +89.72 MATCH EXIST. 'F' C&G CONST. TYPE +12.37 MATCH EXIST. 42.50' RT +93.37 R 2' 40.50' RT +91.37 37.55' RT +91.37 34.55' RT +88.24 R 3' 'F' C&G CONST. TYPE 2% 6.89' RT +96.36 18.50' RT +87.78 EL. 11.88 TO BE REMOVED EXIST. GUARDRAIL 2.50' RT +00.00 EL. 12.23 3% 2.50' RT +87.79 EL. 12.20 2.50' RT +00.00 EL. 12.84 4.00' RT +91.59 2.50' RT +00.00 EL. 13.47 18.50' LT +73.47 2.50' RT +00.00 EL. 13.92 S-3 S-6 4' OF 18" PIPE 147' OF 18" PIPE6' UNPAVED SHLDR. 12' OF 18" PIPE 13.78' LT +20.26 EL. 11.74 PGL 34.11' LT +00.00 EL. 10.85 3% TO BE REMOVED EXIST. STRUCTURE & PIPE PGL 10.00' LT +01.18 EL. 11.50 6.00' LT +01.18 (BY FP&L) TO BE RELOCATED EXIST. LIGHT POLE TO BE REMOVED EXIST. STRUCTURE 18.84' LT +00.00 EL. 10.85 SWALE BOTTOM 53.00' RT +05.65 PROP. R/W EXIST. R/W 33.41' RT +00.00 35.00' RT +00.00 33.85' RT +00.00 TOE OF SLOPE 5.00' RT +01.18 EL. 11.84 END PGL +15.24 MATCH EXIST. L-20 CANAL EXIST. LWDD R/W 100+60.00 RESURFACING BEGIN MILLING & BEGIN CONSTRUCTION 59.08' LT +43.17 MISC. ASPHALT CONST. 3' AVENUECONGRESS60.98' RT +47.86 EL. 12.60 BEGIN DROP CURB 21.56' RT +72.45 EL. 12.0628.18' RT +61.69 EL. 12.20 +51.46 MATCH EXIST. +51.33 END DROP CURB LWDD R/W EXIST. 58.91' LT +51.17 EL. 12.44 +51.05 BEGIN DROP CURB 24.93' LT +36.82 EL. 11.98 'F' C&G CONST. TYPE 39.34' LT +46.71 EL. 12.19 42.36' LT +52.81 TO BE REMOVED & PIPE EXIST. STRUCTURE +48.49 END DROP CURB 38.97' RT +52.88 EL. 12.35 46.19' RT +44.94 R 5' 65.00' RT +60.74 E:953541.580 N:809172.960 OFF:67.19'RT STA:101+07.90 EL:15.53 (NAVD '88) MND (LB6473) BENCHMARK #7 +56.48 MATCH EXIST. +39.81 MATCH EXIST. S-4 S-5 8.50' RT +00.82 23.72' LT +22.33 AND FILLED WITH FLOWABLE FILL EXIST. PIPE TO BE PLUGGED 31.35' RT +00.00 27.67' RT +79.20 54.00' RT +58.12 58.38' RT +55.78 +55.74 BEGIN 38" CONC. SHLDR. BARRIER TRAFFIC RAILING MATCH EXIST. BRIDGE TRANSITION FOR GR. REMOVE EXIST. END 65.00' LT +68.44 END 38" CONC. SHLDR. BARRIER 65.00' LT +67.84 BEGIN GR., TL-3 64.50' RT +26.96 CONC. SWK. CONST. 6' +48.23 MATCH EXIST. MISC. ASPHALT CONST. 2' 65.00' LT +20.96 TRAILING ANCHOR END GR., TL-3 (TO REMAIN) SIGN STRUCTURE EXIST. FIRE STATION 84.97' RT +36.27 CONST. CONC. SWK. 49 50 51 52 53 54 EQUATION: Sta. 101+94.90 Sta. 50+00.00 BK = EQUATION: Sta. 101+95.90 Sta. 50+00.00 AH = PALMBEACH YTNU OC F LO RIDA ENGINEERING AND PUBLIC WORKS ROADWAY PRODUCTION p. o. box 21229 WEST PALM BEACH, FLorida PALM BEACH COUNTY 70038 2019112 DATEBYREVISIONNO. JS SW AS 4/4/2024 FIELD BOOK NO. SCALE: APPROVED: DRAWN: CHECKED: DATE DRAWN: SHEET: OF: PROJECT: DESIGN FILE NAME ...\CADD\roadway\PLANRD01.dgn DRAWING NO.PROJECT NO. 39 P.E. LICENSE NUMBER ANTHONY SFAMENI, P.E. COLLIERS ENGINEERING & DESIGN, INC. BOCA RATON, FL 33433 7284 W PALMETTO PARK ROAD, SUITE 201-S MATCH LINE STA. 54+20.00MATCH LINE STA. 48+20.00ROADWAY PLAN 18 1"=40' MATCH LINE STA. 103+70.00 (SEE SHEET NO. 20) 50.4'52.9' 47 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 04/16/2024 Meeting Date: 04/16/2024 Proposed Resolution No. R24-080- Approving an agreement with Plotbox, Inc., for cemetery mapping and record keeping software in an amount not to exceed $76,512. Requested Action: Staff recommends approval of Proposed Resolution No. R24-080. Explanation of Request: The Clerk's Office and ITS staff have been working on a more efficient way to manage the cemetery plots, which will be possible with Plotbox, Inc. This software will map out the cemeteries with an interactive map view, which will allow visitors to find a loved one more easily. It will also keep track of the plot owners and the people buried in them. Finally, there will be a high-resolution drone image of the cemeteries. How will this affect city programs or services? This will make it easier for the staff or a visitor to find a plot. Fiscal Impact: This software was approved in the FY 2023-2024 budget. Attachments: R24-080 Agenda_Item_1415-2023_Resolution_for_Plotbox_Agreement.docx Exhibit A - City of Boynton Beach - SOW - Final Plotbox_General_Terms_-_USA__3.13.24__clean (1).pdf Complete_with_DocuSign_PlotBox_Sole_Source__.pdf Disclosures for Plot Box Agreement.pdf 48 RESOLUTION NO. R24-0801 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AN AGREEMENT WITH PLOTBOX, INC., 4 FOR CEMETERY MAPPING AND RECORD-KEEPING SOFTWARE FOR AN 5 AMOUNT NOT TO EXCEED $76,512, PROVIDING AN EFFECTIVE DATE,6 AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,the City desires to enter into an agreement with Plotbox, Inc., for software9 that will assist with managing cemetery plots. The software will map out the cemeteries with 10 an interactive map view, which will allow visitors to find their loved one more easily; it will keep 11 track of the owners of the plots and the people buried in them; and there will be a high-12 resolution drone image of the cemeteries; and13 WHEREAS, the City Commission of the City of Boynton Beach, upon the 14 recommendation of staff, deems it in the best interest of the citizens and residents of the City 15 of Boynton Beach to approve an Agreement with Plotbox, Inc., for cemetery mapping and 16 record keeping software, for an amount not to exceed $76,512, and authorizes the City 17 Manager to sign the Agreement.18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 19 BOYNTON BEACH, FLORIDA, THAT:20 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 SECTION 2.The City Commission of the City of Boynton Beach hereby approves the 24 Agreement with Plotbox, Inc. for cemetery mapping and record keeping software, in an 25 amount not to exceed $76,512 (the “Agreement”), in form and substance similar to that 26 attached as “Exhibit A.” 27 49 SECTION 3.The City Commission of the City of Boynton Beach hereby authorizes 28 the City Manager to execute the Agreement. The City Manager is further authorized to execute 29 any ancillary documents required under the Agreement or necessary to accomplish the 30 purposes of the Agreement, including any term extensions as provided in the Agreement,31 provided such documents do not modify the financial terms/material terms.32 SECTION 4.The City Clerk shall retain one fully executed Agreement as a public 33 record and forward a copy to the vendor.34 SECTION 5.This Resolution shall take effect as provided by law.35 36 37 38 39 [signatures on following page]40 50 PASSED AND ADOPTED this 16th day of April 2024.41 CITY OF BOYNTON BEACH, FLORIDA42 YES NO43 44 Mayor – Ty Penserga __________45 46 Vice-Mayor – Aimee Kelley __________47 48 Commissioner – Angela Cruz __________49 50 Commissioner – Woodrow L. Hay __________51 52 Commissioner – Thomas Turkin __________53 54 VOTE ______55 ATTEST:56 57 58 ___________________________________________________________59 Maylee De Jesús, MPA, MMC Ty Penserga60 City Clerk Mayor61 62 APPROVED AS TO FORM:63 (Corporate Seal)64 65 _______________________________66 Shawna G. Lamb67 City Attorney68 69 51 City of Boynton Beach 100 East Ocean Avenue Boynton Beach,FL 33435 Date of SOW Creation (November 2023) PlotBox Statement Of Work Version 1.0 PlotBox Reference:SOW_001 SOW Template Reference:SOW_TEMPLATE_V2.2 52 1 Contents 1 Statement of Work 3 1.1 Key Project Deliverables 3 1.2 Project Planning &Milestones 4 1.3 Payment Terms 6 1.4 Annual Fee 6 1.5 Key Project Roles &Responsibilities /Personnel 7 1.6 Communication Plan 8 2 Scope Of Work 10 2.1 PlotBox Software Platform 10 2.2 Discovery and Design 11 2.3 Site Configuration 12 2.4 Data Migration 13 2.4.1 Transition Strategy:14 2.5 Mapping 16 2.8 Financial Integration /Interface 19 2.9 Test System Delivery 19 2.10 Data Testing 19 2.10.1 Test Plans 19 2.10.2 Test Duration 20 2.10.3 Data Resolution 20 2.10.4 Data Retesting 20 2.10.5 Data Sign-off 20 2.11 Go-Live -Data Refresh 21 2.11.1 Refreshed Extract of Data 21 2.11.2 Entering Data Delta 21 2.12 Additional Development/Integration 22 2.13 (FAT)Functional Acceptance Testing (only where additional functions developed for Client)23 2.14 Training and Support 23 2.14.1 Training 23 2.14.2 Go-Live Support 23 2.15 Project Management 23 2.16 EverAfter 25 2.17 Delivery Team Handover to Customer Success Team 26 3 Primary Assumptions &Risks 27 4 Prerequisite Checklist 28 5 Additional Information 30 5.1 Delay in Prerequisite Delivery 30 5.2 Data missed in pre-requisites 30 5.3 Project Restart Fees 30 53 2 6 Statement of Work Sign off 31 7 SCHEDULE 1 –COMMERCIAL TERMS 32 8 APPENDIX 1 33 8.1 SUPPORT PROVISION 33 8.2 SERVICE OVERVIEW 33 8.3 OUT OF SCOPE 33 8.4 ERROR CORRECTION 34 8.5 TARGET RESPONSE TIME (WITHIN SERVICE HOURS)34 8.6 ERROR CLASSIFICATION 34 8.7 INCIDENT RAISED CLOSURE CATEGORIES 35 8.8 EXTENSION 35 9 APPENDIX 2 36 9.1 FEE SCHEDULE 36 9.1.1 PROJECT FEES 36 9.1.2 SUBSCRIPTION FEES 36 . 54 3 1 Statement of Work This Statement of Work is made between PlotBox,inc.(“PlotBox”)and City of Boynton Beach - Florida (“Client”). This SOW accurately reflects our needs and expectations,and is subject to PlotBox’s standard terms and conditions attached hereto as Exhibit A (General Terms),and includes the appendices hereto. 1.1 Key Project Deliverables ●PlotBox Essential Software Platform ●Site Configuration for 2 Facilities ●Data Migration for 2 Facilities o Data Source -Access o Migration of Data for:- ▪Records ▪Deeds ▪Plots ●Mapping o Drone Flight for 2 Facilities o Hi-Resolution Aerial Map for 2 Facilities o Overlay Paper Maps to Hi-Resolution Aerial Map ●Mausoleum Mapping o Convert Mausoleum Wall Maps and add interactive shutter “pins”for 2632 niches ●Training o 9 hrs online o 8 users in total comprising of: ▪Tier 1 x 5 (admin/super user/core day-to-day access -fully supported) ▪Tier 2 x 3 (lite user -grounds,crem tech,receptionist -no suppor t,2 modules) ●Go Live Support via standard online support process using Jira Service Desk. ●Non Branded Discover Ever After ●Project Management 55 4 1.2 Project Planning &Milestones PlotBox Methods Overview: PlotBox delivery methods framework comprises Bid Management,Project Management, Delivery Management,Development,Customer Success and Customer Support.The diagram below is a representation of our methods:- The Implementation project will be formally scheduled within PlotBox based on completion of Final Contract and receipt of Initial Payment.Once both of these are achieved the Project Planning phase can proceed. During the Project Initiation phase,the project plan will be discussed,updated and agreed based on resource availability for both Plotbox and Client,assignments to project tasks with dependencies and timeframes for both parties agreed,so our approach is very much a partnership model.As these tasks are critical factors in project success,we will work closely with you to confirm the project timeframe.The project timeline has significant dependency on delivery of Client prerequisites,so it is important to provide these at the earliest convenience. Below is an indicative high level Project Plan to highlight the key phases and milestones in a typical Plotbox implementation. 56 5 57 6 1.3 Payment Terms Figures are quoted in USD -(United States Dollars)and free of GST. Milestone Milestone Value (%of Contract) Implementation Costs (USD $) Payment Milestone 1:- Start of Contract 50%(+First Year Annual Subscription Fee) USD $26,106.00 Payment Milestone 2:- Delivery of Test System (or 6 months after contract signature,whichever is first) 40%USD $14,405.00 Payment Milestone 3:- Go Live. 10%USD $3,601.00 Total 100%USD $44,112.00 All Invoicing milestones are for work to be completed in the future. 1.4 Annual Fee As per the payment of the Subscription Fee /Annual Fee for Hosting of your site and Support for your Users is due on an annual basis in advance. The annual fees payment due dates are detailed in the table below,showing the Period (Start - End date)for each year and when payment is required:- Period: Start Date Period: End Date Payment Due date 1st Year 22 March 2024 21 March 2025 22 April 2024 2nd Year 22 March 2025 21 March 2026 22 April 2025 3rd Year 22 March 2026 21 March 2027 22 April 2026 4th Year 22 March 2027 21 March 2028 22 April 2027 5th Year 22 March 2028 21 March 2029 22 April 2028 Payments for annual fee must be paid on the Payable Due date outlined in the table above regardless of whether the project is fully live or not. 58 7 Note: The Annual fee is for Subscription to the PlotBox application,which includes hosting and support.During the implementation phase,this fee also covers setting up the subscribed users and configuring the site for them,and both PlotBox and user testing of the data and configuration within the system prior to go live.It covers Support from all teams during the implementation phase (e.g.technical consultants,mapping,product,development,training and support teams).These teams support the system set up right through to supporting your test environment.After go-live,all support responsibility is handled primarily by the Support team, who would pull in other teams as and when required depending on the issue. 1.5 Key Project Roles &Responsibilities /Personnel This section outlines the key project roles and responsibilities for each position on the project team.Assigned personnel must be agreed and assigned within the first week of Project Kick-off. Client Roles Role Description /Responsibilities Who (Name,email) Project Sponsor Decision-makers who have the knowledge and authority to decide on project issues –requirements, design decisions,budgets,resourcing,etc. Project Manager Main point of contact on Client side for project onboarding. Understand project goals and objectives. Establish activities within the Client site. Prepare Client Project schedule. Ensure Client resources are available as required. Direct people individually and as a project team. Keep everyone connected with the project Informed. Review project progress and take action to move forward as planned. Ensure Client responsibilities are completed within agreed time frame. Data Owner SMEs (Subject Matter expert)on existing systems Data to whom the PlotBox team needs access for advice. Support the Data Testing and Acceptance Process Owner SME (Subject Matter expert)on existing processes and systems to whom the PlotBox team needs access and advice. Testing Team (TBD) Process Testing Team (TBD) 59 8 Financial Integration owner (if applicable) (TBD) System Champions (per Facility) (TBD) PlotBox Roles Role Description /Responsibilities Who Sales/Commercial Lead Commercial Lead involved during the pre-sales phase. Manage and support any commercial aspects to the project. Project Manager PlotBox Project Manager monitors and manages PlotBox responsibilities Track project progress. Provides guidance and support to the Client through the PlotBox Onboarding journey. Obtain formal acceptance for project deliverables Customer Success Manager PlotBox Customer Success representative will support the Client through the customer onboarding journey and continue to support post go-live. Only required if ARR is more than $10k Head of Delivery Head of the PlotBox delivery team. Escalation on project The Client must ensure that its personnel for the key roles: (i)are competent and have all necessary and appropriate skills,training,background and valid qualifications to carry out the duties and responsibilities of their positions and the tasks allocated to them; (ii)behave in a professional and responsible manner at all times and perform the Services with due care and skill and in accordance with best industry practice; and (iii)understand and agree to the scope requirements of this Agreement which are relevant to them. Key Personnel to be assigned to the project The Client must ensure that the Key Personnel are made available to fulfil the tasks and roles allocated to them during the project onboarding. Changes to the Key Personnel Any changes to key personnel must be notified as early as practicable. Client must use its best endeavours to find a replacement who is at least equally qualified and experienced and notify PlotBox for that replacement person. NOTE: Any impacts on Client key personnel through the project may have the potential to influence the delivery of the project and have consequences to the schedule timeline,quality and costs.Where this occurs PlotBox will follow the Change Control Process. 60 9 61 10 1.6 Communication Plan Comm Type Audience Message Media Frequency Owner Welcome Email Client Contacts Welcome to PlotBox &next steps identification Email Once upon receipt of initial payment PlotBox PM Internal PlotBox Kick Off Salesperson PM Project Team Intro &Handover by Salesperson Review Statement of Works Review Project Discovery Form Meeting Once at start of project PlotBox PM External Client Kick Off PlotBox PM Client PM Client Team Review Statement of Works Discuss Pre-requisites Call/ Meeting Once at start of Project PlotBox PM Customer Success Client Team Review current stage of the project,past activities and the next steps Call/ Meeting During delivery and post Go live Customer Success Team Customer Success Client Team Online link to provide direct feedback on your experience with Plotbox Survey During delivery and post Go live Customer Success Team Pre-Requisites Client PM Delivery of requested pre-requisite items to PlotBox Email/ Data upload Before Commenceme nt of Project Client Pre-Requisites PlotBox Reminder of outstanding prerequisites Email Weekly until received Data Migration Team Lead Scheduling PlotBox On receipt of ALL Prerequisites,Data Migration Lead,Mapping Team Lead and Development Team Lead will provide estimated time frames to PlotBox PM Instagantt On review of Prerequisites Ongoing updates Team Leads Scheduling Client PM Plotbox PM will notify Client of estimated Time frames Email & Project Plan Ongoing updates PlotBox PM Monthly Status Update Client PM & Client Users Update of current Progress/Status.Email Monthly PlotBox PM Training Plan Client PM Details of advised training plan,inc content and advised audience for each session, session length and frequency etc Document Any point prior to Functional Acceptance Sign off Training ConsultantTe am Data Migration Client PM & Lead Tester/ System Users Communications re Data interpretation Email/ Call as required Data Migration Team Lead Test System Handover Client PM & Lead Tester/ System Users Instruct the Client on Data Testing steps required Agree data testing period and frequency of resolution steps Call On handover of Test System Data Migration Team Lead Mapping Client PM & Lead Tester/ System Users Instruct the Client on identification of Key Plot Points Agree timeframe Call On handover of Test System Mapping Team Lead 62 11 Data Testing Data Migration Team Lead Identification of data issues discovered Issue Log Weekly Call During Data Testing period Client PM & Lead Tester/ System Users Mapping Mapping Team Lead Communications confirming Key Plot Points Email/Call During agreed timeframe Client PM & Lead Tester/ System Users Data Testing Client PM & Lead Tester/ System Users Regular check-ins with Client during Data testing Call During Data Testing Period Data Migration Team Lead Data Acceptance Sign off Client PM/ PlotBox PM Formal Acceptance of Data as currently migrated Docusign At end of Data Testing Period Client PM/ PlotBox PM User Training Client/ PlotBox PM Training Team will confirm training dates Agree Dual Live period (if required) Agree Go Live date Call/Email At end of Functional Testing Period Training Consultant Team User Training Client PM & Users User Training completed as per Training Plan Call/ Onsite During Testing Period Training Consultant Team User Training Client PM Training Consultant Team will maintain a record of the Budget available and when these were taken Document /Email During Project Training Consultant Team User Training Client PM & Users/ Customer Success Team Complete Dual Live Period with communication of any issues Call/ Onsite During Dual Live period Client PM & Users/ Training Consultant Team User Training Client PM/ PlotBox PM Confirm Go Live Date Email At end of Dual Live Period Client PM/ Training Consultant Team Handover to Support Client PM/ PlotBox PM Formal Acceptance of Project as per Key Deliverables Docusign Following Go Live Client PM/ PlotBox PM 2 Scope Of Work 2.1 PlotBox Software Platform The PlotBox Essential platform will be configured by us to meet your needs.The platform includes the provision of the following modules as per the PlotBox tender/proposal submission: Solution Type KEY: [Y]=Included as Standard; [$]=Bolt On Option; [Blank]=Not Included 63 12 Modules Summary Essential Deceased Records Management Bring all deceased records together into a quickly searchable database of cremation/interment records. Yes Deeds Management Keep track of grave owners with ease using the deeds module.Enter,edit and print deed documents. Supports sell or lease plots/memorials;manage ownership records and transfer of ownership requests and produce deed documents. Yes Plot Management Management of each plot,including capacity,depth, location and records. If Mapping is included,supports visibility with an interactive map view on current plot inventory status. Support efficiency in sales processes using PlotBox iPad app to quickly view all available plots to sell whilst on-site with potential customers. Yes Public Portal -EverAfter EverAfter is the advanced public interface that both generates leads &revenue for cemeteries &improves service levels with tools like Walk to Grave &online ordering. Yes Mapping Module High resolution drone imagery creates a truly digital map for access on any device to show real-time inventory status.The verified mapping process is a forensic audit of your inventory and often identifies extra available inventory. Yes Contracts Management You can sell from anywhere on any device,with quick and easy access to your inventory,maps and records.You can keep track of payments.Yes Booking Schedule Calendar schedule for cremation/interment bookings. Maintain customized diaries and schedule appointments and services right from a Contract. Burial orders,labels and other 'paperwork'are auto generated from the system to avoid duplication Yes 2.2 Discovery and Design PlotBox consultant(s)will carry out process discovery and process alignment session to:- (i)support understanding of the current business processes and data (ii)align processes to PlotBox and configure an effective solution. 64 13 This will assist the project team with data migration,front-end configuration settings and training. 65 14 Business Process Discovery ●The PlotBox consultant will carry out a process discovery and will work with the designated Super User(s)/Data Owner(s)to understand your current processes and how this will impact the data migration. Process Alignment ●PlotBox consultant will carry out a process alignment off-site and will work with designated Super User(s)to ensure the processes you currently use within your organisation will align correctly with PlotBox functionality or if some changes will be required to your process in line with PlotBox functionality. 2.3 Site Configuration Location/Language Settings -PlotBox will configure your Software instance based on your Location,Timezone and Language defaults. Tax Rates –PlotBox will configure Tax Rates at time of data migration.Thereafter it is the Client’s responsibility to ensure this information is up to date. Role &User Management –PlotBox will configure User Roles &Accounts according to the SLA and Annual Fees associated with PlotBox.The Client will identify as part of their pre-requisites the NAMED USERS to whom the 8 Licences will be allocated,and the Role they will perform on PlotBox. Facility/ies –PlotBox will configure your Software instance for the facility/ies as below: Facility Facility Name Facility Type Address 1 Boynton Beach Cemetery Cemetery / Crematorium 1611 South Seacrest Boulevard,Boynton Beach, FL 2 Sara Simms Memorial Cemetery Cemetery / Crematorium 209 NW 9th Court,Boynton Beach,FL Section Setup –PlotBox will configure Cemetery sections as per the data that was provided from your existing data systems.Any existing inaccuracies in your current data will continue to appear in PlotBox. Fees –PlotBox will migrate Fee data from your existing database where available.Where no existing database is available,or we are unable to extract Fee information,PlotBox will provide guidance to support the Client entering this information into PlotBox.Thereafter it is the Client’s responsibility to ensure this information is up to date.Any existing inaccuracies in your current data will continue to appear in PlotBox. 66 15 Document Templates –PlotBox have a standard set of Document Templates available depending on the solution type delivered.See table below available Document Templates for - PlotBox Essential solution.By default,PlotBox will use the standard “out of the box”templates. For clarity on what is configured with regards to Document Templates:- ●PlotBox can only accept MS Word format for document templates,therefore any Client supplied templates must be in MS Word Format. ●PlotBox can only map any Client provided document templates into an existing PlotBox document template (i.e.if the PlotBox template does not exist,there will be no like for like mapping or setup of that specific Client document template into PlotBox). ●PlotBox consultant will configure the document template(s)by applying the PlotBox Tags that are available in the solution for that Document Template type; ●Configuration of any document template(s)excludes any formatting changes to the templates (e.g.fonts,styles,tables,colours,page settings etc..). ●Each Document Template is the same for all the facilities (e.g.Deed Document template will be the same template used across all 2 facilities). ●If any additional changes outside the standard configuration of adding “Tags”to MS Word document templates is required,PlotBox can discuss this request with the Client and follow the Change Order process (Note.this may incur additional effort and cost). 2.4 Data Migration PlotBox will migrate data from your existing database/s as identified below: ●Access Any additional sources of data not listed to be migrated may incur an additional cost. Data Types to be imported are : Data Types Included In Scope Data Types Not In Scope ●Records ○Deceased Records ○Burial/Cremation Event details (no diary entry for cremation burial,or appointment bookings in the past or future) ●Deeds ○Deeds of Property (ownership) ●Plots ○Key Plot Information ○Interments (for Clarity -this data is NOT included in Scope) ●Contracts ●Schedule (past or present) ●Memorials ●Work Orders ●CRM Contacts,quotations,appointments or notes ●Bulk upload of scanned documents ●Historic Financial Reporting ●Historic Commissions ●Historic Trust transactions/balances Note:The above Data Types to be imported can only be confirmed when the PlotBox Data Migration Team conducts an analysis of the source Access Data to confirm this data exists.Also,the source data will be mapped and migrated to the outlined modules above 67 16 in compliance with PlotBox definition of these data modules. Data Analysis will be carried out of the source data to determine the validity,structure and integrity of the existing digital data.Following PlotBox analysis of the data,any concerns will be discussed with the Client. Data will be imported using a series of scripts developed by our Data Migration Team.The data imported will be functional within PlotBox where all current fields appear as expected in PlotBox. Any inaccuracies that exist in your current system will also appear in PlotBox and any subsequent data clean-up will be the responsibility of the Client following Go Live. The Data Migration team will undertake a range of Quality Assurance Tests to ensure that the data meets certain requirements.But further Data Acceptance Testing will be required by the Client in a timeframe agreed with PlotBox. The data is stored in the cloud and hosted by our chosen server provider Microsoft Azure.This allows for real time remote access by employees or sales consultants from any location. Important! ●PlotBox has not included time for the clean-up or cleansing of data prior to import into PlotBox. ●During the PlotBox data analysis phase,we may identify information that may need to be “cleansed”or tidied up prior to impor t.The PlotBox data migration team will provide advice on how to cleanse this data if the Client deems it necessary. ●PlotBox is not responsible for the consolidation of data when multiple data sources are to be migrated,or if multiple facilities have separate data sources. ●The Client is responsible for providing PlotBox with the data sources to be migrated during the various stages of delivery.PlotBox is not responsible for any costs that may be associated with a 3rd party supplier/vendor in supplying this source data to the Client. NOTE: Any unanticipated complexity in the source data may result in a revision of PlotBox initial Data Migration costs.If this occurs it will follow the Change Control Process. 2.4.1 Transition Strategy: As part of our initial project initiation we will take time to understand the Client’s existing systems and operations to help determine the most appropriate transition strategy for the move from incumbent system(s)to PlotBox. 68 17 Although the most suitable strategy will depend on the specific needs of the customer we find that in most cases we recommend a shor t period of parallel running (see table below)of both PlotBox and the existing system(s)in order to enable new users to get oriented to the new systems with the close support of PlotBox staff. 1.One time,single switchover event Where after a single implementation event the Client will move from using their incumbent systems to solely using PlotBox for their activities. Pros ●Quick and simple implementation resulting in PlotBox running immediately ●Ability to decommission old systems earlier Cons ●High impact and risk approach ●Council staff and colleagues will be expected to be ‘up to speed’immediately 2.Incremental implementation or phased approach Core processes are incrementally moved over from being operated on the existing system(s)to being undertaken only in PlotBox.Over a period of time all processes would incrementally be moved over from current system(s)to PlotBox until such time as all were only operated via PlotBox. Pros ●Allows staff sufficient time to adapt to new system ●Provides early feedback of system usage in a production environment without risk to all process areas. Cons ●Slowest approach to transitioning the software ●Due to increased implementation timeline is costly given the extended support requirements 3.Parallel running period Where for a short period of time the Client WILL run PlotBox alongside their existing system(s)until the acceptance criteria is met. Pros ●Allows staff sufficient time to adapt to new system ●Provides early feedback of system usage in a production environment without risking all process areas. ●Timeline of dual running shorter than incremental implementation ●Dual running can be targeted to only specific areas/sites/facilities 69 18 2.5 Mapping Drone Flights PlotBox have agreed with the Client that Drone Flight/s of 2 Cemetery Properties will be undertaken,in order to produce a Hi-Resolution Aerial Image of the property. Prior to the Commencement of the Drone Flight,a PlotBox surveyor (or Contracted Surveyor) will install ground control points following location recommendations by the PlotBox Mapping Team. PlotBox will aim to create a clear aerial image,however we cannot account for variations in weather conditions for example sunshine/cloud cover especially within images for cemeteries with multiple drone flights i.e.25 acres plus. Property locations are Facility Facility Name Facility Type Address Acreage Total 1 Boynton Beach Cemetery Cemetery 1611 South Seacrest Boulevard, Boynton Beach,FL 13 2 Sarah Simms Memorial Cemetery Cemetery 209 NW 9th Court,Boynton Beach,FL 3 Totals 16 Hi-Resolution Aerial Map PlotBox will use the Drone Images to produce a Pix4D Mosaic. This Mosaic along with the Ground Control Points will be imported into ArcGIS where the Aerial Map will be Geo-Referenced and published online. Map Overlay Following Data Migration,the Mapping team will undertake an initial call with the Client to identify initial Plot Points on all sections which will improve the GPS accuracy of map overlays. PlotBox will overlay 16 Paper maps as per location,provided by the Client,over the Aerial Images. The Combined Aerial image and Map Overlays will be imported into ArcGIS and published online for linking to the Client’s Plotbox site. Mausoleum Mapping PlotBox will convert Mausoleum Wall Maps and add interactive shutter “pins”for 2,632 niches. 70 19 Aerial Images Included below are Google images identifying 1.The Area for Drone Flight (Yellow Area) Boynton Beach Cemetery Sarah Simms Memorial Cemetery 71 20 72 21 PlotBox mapping disclaimer Disclaimer:These maps are for general graphical and informational purposes only.They are not suitable or intended for legal, engineering,or surveying purposes.The accuracy of these maps is necessarily affected by several factors such as the limits of advanced mapping technology to visible terrain,the impact of errors or omissions in the records and data provided to us and reflected in the maps,and changes that have occurred since the time the maps were developed.PlotBox and its affiliates and suppliers assume no responsibility for,and disclaim all express or implied warranties as to,the accuracy of these maps.You are advised to independently verify information herein before relying on it for any purpose. 2.8 Financial Integration /Interface Not Applicable 2.9 Test System Delivery Once the Data Import and Quality Assurance tasks are completed by the Data Team,they will be in a position to handover the Test PlotBox Site to the Client.During this handover the Data team members will guide you through the imported data and provide further guidance as to the DAT required. The Test System is defined as the Client providing electronically available records,deeds and plots for the 2 facilities which will be migrated into PlotBox and made available to the Client for their testing. The Test System at this point will contain the following records: ●Records ●Deeds ●Plots ●Anything else included Please note,at this point light training will only be provided on functions relevant to Data Testing.During this phase of the project,the Client is advised to focus SOLELY on imported Data accuracy. The Data Team member will also provide you with an Issues Log to record any data differences found.This document/portal should be administered by the Clients Data Owner from their internal project team.They should ensure this is updated by Data Testers,and perform consolidation where the same issue is reported by several users. Please note,any existing inaccuracies in your current data will continue to appear in PlotBox. The Data Team member will agree to regular check points with the Client during the Data Testing period.During these calls the Issues Log will be shared and discussed. 2.10 Data Testing 73 22 This is an area of the project at high risk of time delays,which will have a knock-on effect on subsequent Project Milestones,including Go Live. It is vitally important that the Client performs an extremely thorough,intensive and complete Data Testing Exercise. The Client should ensure that Data Testing Team members have availability to dedicate approx. 1-2 hours per day to this function during the defined periods. 74 23 2.10.1 Test Plans Early in the project lifecycle,the Client will be required to create Data Testing plans relevant to their Company configuration.(PlotBox Data team members will be able to provide guidance on these if required). 2.10.2 Test Duration During the project planning phase,the Client will agree with the Project Manager a duration for Data Acceptance Testing (DAT).A typical timeframe for Client DAT is approx 2-4 weeks. It is important that the Client verifies the migrated data in accordance with guidance provided, and within the agreed timeframe as delays can affect the overall project schedule. 2.10.3 Data Resolution At the end of the agreed Data Acceptance period,the Data Owner will send the latest copy of the Issues log to the PlotBox Data Team member.The Team member will work through these during the assigned time period (approx 2 weeks)and resolve any identified differences. Once they have completed QA,a refreshed Test site will be made available for the Data Testers, with the issues addressed.The Issues Log will also be updated and returned to the Data Owner. 2.10.4 Data Retesting A retesting period will also have been agreed with the Client early in the project.During this period the Data Testers should re-test any differences previously identified to ensure these are now accurate.The Data Owner should ensure that re-testing results are updated to the Log and any new differences included. 2.10.5 Data Sign-off Where no errors are found,the Client will be asked to confirm in writing that the Data Acceptance Testing has been successful.This is via electronic sign-off using Docusign. FOLLOWING DATA SIGN OFF,ANY FURTHER DATA DIFFERENCES IDENTIFIED WILL BE ADDRESSED VIA THE CHANGE CONTROL PROCESS AND MAY INCUR COMMERCIAL CONSIDERATION. Please note that until Data Acceptance Testing has been signed off,there may be some dependencies on project activities that may not be possible to progress to the next project stage (e.g.Go-Live).Additionally Sign-Off of Data Acceptance Testing is required as a prerequisite to the training phase in order to support an effective,bespoke training solution (only applicable if tailored /bespoke training has been included in scope). Otherwise any training will be provided within a standard training environment. 75 24 2.11 Go-Live -Data Refresh 2.11.1 Refreshed Extract of Data Prior to Go-Live,a fresh extract (or copy)of the Client source data will be required to carry out a Data Refresh.It will be the Client’s responsibility to coordinate this with 3rd parties and provide within the required time-frame.PlotBox will not be responsible for any facilitation costs that may occur with 3rd Par ties. A time frame for the Data Extract and subsequent Go Live will be agreed with the Client in advance. A representative time frame example is as follows: Day 1 Preparation of the data extract by Client and transmission to PlotBox during the same business day.PlotBox should have access to this data extract prior to the close of business on Day 1 in order to provide confirmation that they are able to proceed. Day 2 -4 Import of Fresh Data by PlotBox (see below for Data Delta) Day 5 Validation of Imported data &Live System prior to commencing data entry. It may be the case that Data Entry cannot commence until late Thursday Afternoon,so the Client should be aware of this in advance and ensure alternative arrangements are in place. Once Data Entry has commenced,the Client should enter the data delta and revert to Business as Usual NOTE.Whilst this is a representative time frame,variations to this may occur based on your project specifics. 2.11.2 Entering Data Delta Following the retaking of the Data Extract above,there may be a period (example approx 3 days) during which the Client will continue to operate.This will either be via manually recording entries,or continuing to use their incumbent software.This period of data will not be included in the Data extract taken previously and will require entry to PlotBox once the system has been confirmed as ready to proceed.It is the Client’s responsibility to ensure that this Delta is accurately noted for re-entry and also the order in which it should be entered. NOTE:/in exceptional circumstances where a Data Refresh and Go live may be required over a weekend,the Change Order process will be followed and may require additional commercial consideration. 76 25 77 26 2.12 Additional Development/Integration Not applicable 78 27 2.13 (FAT)Functional Acceptance Testing (only where additional functions developed for customer) Not Applicable 2.14 Training and Support 2.14.1 Training Training will be provided following Data Acceptance Testing sign-off,as purchased by the Client. This Training Budget,as purchased by the Client,is detailed below: ●Up to a Maximum of 9 hours of OnLine Training prior to Go Live Anything over and above the training listed here,will be charged at the normal Hourly Rate.For any additional training hours,the Change Order process will be followed. The Client should endeavor to agree a timely and proactive training plan with PlotBox. Failure to attend agreed training sessions or frequent cancellation of these by Client staff,may result in the Client incurring an additional charge for rescheduled sessions or forfeit of these sessions. Users must provide a minimum of 24 hours notice by email to their Trainer or PM if they wish to cancel a session,anything less than 24 hours will result in the allotted time being removed from your training budget. This Budget should be utilized within 1 month of Go Live. 2.14.2 Go-Live Support For Go Live support,PlotBox support will be provided through our standard online support channels (i.e.using Jira Service Desk).There will be No onsite support presence provided on Go Live. ●If onsite presence is required on Go-Live this can be discussed and agreed with the PlotBox Trainer and PlotBox Project Manager in advance.If additional hours over and above the purchased onsite support presence at Go-Live is required,these will be charged at the normal Hourly/Daily Rate.For any additional hours,the Change Order process will be followed. 2.15 Project Management 79 28 On confirmation of Project Award,a PlotBox Project Manager will be assigned to your project to support and assist the delivery and implementation of PlotBox. An Introduction call will be facilitated between the PlotBox Commercial Team,PlotBox Project Manager,Plotbox Customer Success and the Client to familiarize all parties to the new team members. The PlotBox Project Manager will arrange a Project Initiation meeting with the Client to discuss PlotBox Processes,Teams and Delivery Methodology. The Project Manager will work with the Client to develop the project plan and identify resource availability and action tasks for both the Client and within PlotBox. The Project Manager will agree to regular reporting and meeting intervals throughout the project enabling the Client to monitor the project activities/tasks,dates and track progress. Typical Project Management Meetings and Reporting for PlotBox Pro are as follows: Type Frequency Project Kick Off Meeting Once (Start of Project) Status Update Monthly These intervals will be agreed in advance,and will be based on PlotBox experience of similar PlotBox implementations.During active phases of the project,status updates may be provided more frequently in order to assist with project delivery.Any increased frequency will be determined by the Project Manager;where the Client wishes to increase the frequency of either reporting or meetings,this will be addressed via the Change Control Process. 80 29 2.16 EverAfter EverAfter (www.discovereverafter.com)is our go-to website for genealogists and members of the public searching for deceased records. In the final stages of the project,your data will be included within the EverAfter records.You may direct your families to this website or place a link on your own website to it. Please note that your facility will be one of many included on the site.However,should you wish to upgrade to a ‘Branded’version of EverAfter which only contains YOUR data and pictures/references to your facility,then do contact us and we can discuss further with you. (NOTE:EverAfter is not included as one of the Key deliverables,and the Project may be passed to the Customer Success Team prior to completion of this task.) Summary of what you will get from EverAfter: ●EverAfter (Standard) ○Deceased Records made publicly searchable alongside other PlotBox customers' data. ○Including the following data against a deceased if data is recorded/available in PlotBox; ■Name ■Date of Bir th ■Date of Death ■Date of Burial/Cremation ■Plot Reference ■Headstone/Marker Image ■Name of Others buried in the same plot ■Coordinate Directions (if plot has been mapped) ■Public Genealogy Notes (If person of interest) ○Including the following data against the facility ■Name ■Address ■Contact Number ■Email ■Overview of Information about the facility ■Image of the Facility ○Visitors to the Site can “Suggest an Edit”on a record which will come through to you as an email. 81 30 2.17 Delivery Team Handover to Customer Success Team Within PlotBox implementation,our teams are divided into 2 areas. ●The Project Delivery Team -who look after you whilst you are getting set up on the PlotBox software.They look after getting your data impor ted,your maps uploaded and your users trained,etc.and ensuring that all your Key Deliverables are met. ●The Customer Success Team -who look after you once the project delivery team has completed their tasks and you are running live on PlotBox.They will respond to any queries regarding methodology,process,new functions,problems,etc.,and provide ongoing support and assistance during your partnership with PlotBox.They will also keep you appraised of new functionality as it is added to the software and how this best fits into your processes. When the PlotBox Project Manager considers the Key Deliverables to be met,they will commence the handover over the Client to the Customer Success team.Until the Client is formally handed over to the Customer Success Team,a Client won't be included in their processes and communications,and may miss out on important information and system updates.So it is important that this step is completed. Your support mechanisms will not alter,in fact if anything,they'll improve and you will use the Jira Service Desk messaging system which goes straight to our Support desk and you'll be answered normally within 2-3 minutes. This does not indicate that our relationship with you as a Client is complete,this ONLY formalises the completion of the installation to your facility. 1.The PM will confirm all work is completed as per the Key Project Deliverables (Page 2) 2.The PM will confirm with the PlotBox Accounts Department that the final payment is now due (if applicable) 3.The PM will notify the Client via email of their intention to Transfer the project to the Customer Success Team,and seek Client agreement.Any outstanding items identified will have an approach discussed and action agreed.These will be accepted by the Client and the Customer Success Team. 4.The PM will create an Electronic Project Delivery Sign Off,and sign on behalf of PlotBox.Any agreed outstanding actions will be included on this document. 5.The PM will send the Electronic Project Delivery Sign Off to the Client for signature.The Client should endeavour to complete this as soon as possible.If there are any queries or reasons for not completing the Client should notify the PM of these. 6.Once the Project has been signed off by both the Client &PlotBox,the PM will complete an internal PlotBox handover to the Customer Success team. 7.The Client will now be considered “Live”and “In Support”. 8.Any issues encountered by the Client from this point should be reported to the Support team via our In App Messages Service “Jira Service Desk”during our regular Support hours. 82 31 83 32 3 Primary Assumptions &Risks ID Desc Likeli hood Impact Risk Contingency Owner 1 Out of Scope Mediu m High High All issues reported outside of this SOW will be handled as support issues or feature request / project change orders. Please note that with a project change order a cost may be incurred. PlotBox PM 2 Data Accuracy High High High Data given to the PlotBox data team by the Client for migrations,will be the most accurate and up to date version of that data set. Any inaccuracies that exist in your current system will also appear in PlotBox and any subsequent data clean up will be the responsibility of the Client or upon agreement with PlotBox. PlotBox PM 3 Project Management Low Medium Low The Client will supply the necessary internal Project Management resources during and after the conversion project. Client 4 Data Migration Low High Medium Project timelines are based on the premise that PlotBox will have direct access to employees of the Client who can help us understand the data we will be working with. Client 5 Delays in delivery of Pre-Requisites High High High Client should attempt to have Prerequisites with PlotBox ASAP after External Kick Off Client 6 Delays in Testing/Training High High High Client should attempt to adhere to agreed timelines Client 7 Delays in Mapping High High High Client should attempt to provide copies of Maps and identify key Plot Points in agreed timelines Client 8 Data Migration -Source data complexity High High High During the Data Migration Analysis phase, PlotBox Data Migration team may encounter unforeseen complexity and additional effort and time may be required to deliver the Data Migration elements. The PlotBox Data Migration Team will carry out the Analysis of the source data provided by the Client,if any additional effort and time is required to resolve the data complexities,this will be handled via the PlotBox Change Order process where an additional cost or schedule impact may be incurred. Plotbox PM 84 33 4 Prerequisite Checklist Project Contact Details Please provide the contact information (Email and Tel No)for the following: Title Responsibilities Client Project Manager ●Key Project Contact who will distribute information throughout the Client organisation ●Understand project goals and objectives ●Establish activities and detail budget within Client ●Prepare Client Project schedule ●Ensure Client resources are available as required ●Direct people individually and as project team ●Keep everyone connected with the project Informed ●Supervise the progress and work of project contractor ●Review project progress every week and take action to move forward as planned ●Ensure Client responsibilities are completed within agreed time frame Super User/Lead Tester ●High-level knowledge of existing systems and practices ●Ability to troubleshoot ●Testing expertise ●Ability to communicate effectively with technical teams, users and management ●Continuous process improvement skills ●Detail oriented ●Adaptable to change ●First line of support for your customers ●Act as liaison between Client users and PlotBox ●May be involved in training of existing and new users Any of these roles may overlap,i.e.your Main contact is also a Super user and also the person most familiar with the current process for a site. Data Exports ❏Export of all data for all sites from the agreed systems outlined above in the Data Migration section.If these cover multiple locations/facilities these should be named appropriately. ❏A list of your current fees,section names,active funeral directors and memorial masons if applicable. Company Logo Please provide a copy of your Company Logo for inclusion on your documentation Maps Please provide copies of the paper/CAD maps identified for overlay on your aerial maps. 85 34 User Listings Provide details of a NAMED USER for each licence purchased,their email address,role and base location (if appropriate) Staff Leave Please provide details of staff leave during the project time-frame to allow planning. Also any busy times of day/week/month/year to avoid,etc.,Year end/Standard Holidays EverAfter For *EACH*facility; Default Latitude/Longitude Address Line 1,Address Line 2,Town,County,Country,Post/ZipCode Overview Photograph Cemetery Contact Name (This might not be same as who your projects main contact is) Contact Email Address (As above) Contact Phone Number (As Above) Facility Overview (If Applicable) 86 35 5 Additional Information 5.1 Delay in Prerequisite Delivery During the Project Kick off Call,a timeframe will be agreed during which all identified prerequisites should be delivered.The Client should endeavor to adhere to this timeframe.Your project will not be included in the PlotBox Schedule of Works until these are all received. If all identified prerequisites are not delivered within 4 weeks of the agreed timeframe,then the 40%test system invoice will become immediately payable. 5.2 Data missed in pre-requisites Please ensure that the Pre-requisite Data provided includes ALL relevant data,including any key information held outside the incumbent software if appropriate. If not included during initial data expor ts,and is identified following Test System delivery,this will require additional configuration of Migration Scripts.This additional work will be charged at our standard time and material rates for any additional work,and may affect estimated project timelines. 5.3 Project Restart Fees These may be incurred following 15 working days of non-communication from the Client e.g. requested files not being provided or clarification of data not being provided,testing not being completed within a given time frame etc. PlotBox will continue to make attempts to contact via email /phone during this 15 day period, after which point the project will be placed on hold,and removed from the current works schedule. During a project restart a fee may be incurred and a new timeline will be discussed,as other projects will have taken the place of the original resource bookings. 87 36 6 Statement of Work Sign off I accept that the information in this Statement of Work is an accurate reflection of the work to be carried out to complete the project. Agreed For and on behalf of PlotBox by:Agreed For and on behalf of Client by: ______________________________________________________________________ (Signature)(Signature) March 31,2024 March 31,2024 (Date)(Date) 88 37 7 SCHEDULE 1 –COMMERCIAL TERMS Acceptance Tests means the acceptance tests to be undertaken by the Client in conjunction with Plotbox to confirm the Services operate substantially in accordance with this SOW,as agreed by Plotbox and the Client, promptly following the Effective Date. Effective Date Means the date this SOW is signed. Facility or Facilities means the number of and specifically named cemeteries,burial grounds and/or crematoria which the Client is responsible for and in relation to which the Client is licensed to use the Services,being 2 facilities. Initial Subscription Terms means a period of 60 months from the Effective Date Payment Terms Payment of the Project Fees is due as follows: (a)50%Project Fees and first year Annual Fees upon signature of this agreement; (b)40%Project Fees upon delivery of Test System; (c)10%Project Fees upon Go-Live; The Client shall provide PlotBox with a purchase order number for invoicing upon contract signature. Delay in carrying out the Acceptance Tests once the Services are made available shall not relieve the Client of its payment obligations or extend the above dates for payment. Payment of the Subscription Fees is due on an annual basis in advance.Plotbox shall invoice the Client for the Subscription Fees upon signing of this contract and the Client shall pay the amount due in accordance with the Florida Local Government Prompt Payment Act. All amounts payable under this agreement are non-refundable. Project Fees means the fees payable by the Client to PlotBox for carrying out the Work and delivery of the Services prior to the Acceptance Tests,as set out in Appendix 2. Service Hours means 9am to 5pm,each Business Day,Monday to Friday,excluding UK Public Holidays and US Federal Holidays Subscription Fees means the annual subscription fees payable by the Client to Plotbox for the User Subscriptions,as set out in Appendix 2. Proposal N/A User Subscriptions Means up to [8]individual named users specified by the Client and agreed by Plotbox as at the Effective Date,who may use the Services in relation to the Facilities specified in the Tender only.In the event that the Client wishes to use the Services at additional facilities or permit additional individual named users to use the Services,the Client must purchase additional User Subscriptions in accordance with clause 4 at PlotBox’s then prevailing rates. 89 38 90 39 8 APPENDIX 1 8.1 SUPPORT PROVISION Any time worked,at the Client's written request outside the Service Hours or outside the scope of the Services (including,without limitation,the Out-of-scope Services specified below)will be charged at the T&M and/or Overtime Rate (as applicable)plus VAT and Expenses (if any).The Service Charge applies solely to the provision of the Services and does not include third party costs for hardware or software.All third party costs will be charged as Expenses to the Client monthly in arrears. T&M Rate The T&M Rate of $850 [plus VAT]and Expenses (if any)applies per Man Day (being 8 hours per working day (Monday to Friday,excluding Northern Ireland Public Holidays))for a support services engineer in addition to the Subscription Fees for work carried out outside the scope of the Services.(This is unlikely to apply to the Client unless bespoke work is requested). Overtime Rate The Overtime Rate shall be calculated at double the prevailing T&M Rate +VAT and Expenses (where applicable).(This is unlikely to apply to the Client unless bespoke work is requested). Expenses Expenses will be charged at cost and shall be paid by Client monthly in arrears 8.2 SERVICE OVERVIEW Plotbox will provide the following support services: ●Help Desk Suppor t via standard online support channels (i.e.using Jira Service Desk) ●Routine Systems Management ●Security updates ●Enhancement of existing service features (but not new functionality development)is included free of charge ●Incident Management via Plotbox Suppor t ●Management of technical relationship with Plotbox’s chosen service provider 8.3 OUT OF SCOPE Plotbox may reasonably determine that any Services requested by the Client are Out-of-scope Services.If Plotbox makes any such determination,it shall promptly notify the Client of that determination,and the Client acknowledges that Plotbox is not obliged to provide Out-of-scope Services. For the purposes of this Agreement “Out-of-scope Services”means any services provided by Plotbox in connection with any apparent problem reasonably determined by Plotbox not to have been caused by a fault but rather a cause outside PlotBox’s control (including without investigation work resulting in such a determination)or by:any improper use,misuse or unauthorised alteration by the Client;any unauthorised use by the Client;use of any hardware or software not supplied by Plotbox;or the use of a non-current version or release of the Software or Services. 91 40 8.4 ERROR CORRECTION 1.1.In accordance with this Agreement,Plotbox will use all commercially reasonable endeavours to maintain the Services in good working order during the Service Hours. 1.2.The Client will promptly notify Plotbox of any support request via email or online of any defect error or other problem with the Services that means it fails to function in all material respects in accordance with its specification as published by Plotbox (the “Fault”)and provide Plotbox (in so far as the Client is reasonably able)with a documented example of the Fault,a description of the problem and start time of the incident and such information and assistance as is reasonably necessary to assist Plotbox to diagnose and rectify the Fault.Plotbox will categorise and record all Support Requests made in a Support Database and an entry in the Support Database will remain active until resolved.The Support Request will be categorised as;Explained,Complete, Withdrawn,No Action Required or Incident Raised.Where the Support Request is categorised as anything other than Incident Raised,Plotbox will use all reasonable endeavours to ensure that the matter is resolved as soon as reasonably practicable. 1.3.Where the Support Request results in an ‘Incident Raised’the procedure identified in Sections 4.4 to 8 (inclusive)will be followed. 1.4.On receipt of a request for correction of any ‘Incident Raised,’the matter will be logged in an Incidents Database and Plotbox will prioritise the Support Request based on its reasonable assessment of the severity level of the problem reported.Plotbox will use all reasonable endeavours to ensure that staff commence investigatory and corrective work within the Service Hours,to meet the target response time specified below at the table in section 5 depending on which category,or priority,the Incident Raised falls as defined in accordance with the table in section 6.Plotbox shall update the Client at a frequency commensurate with the Target Response Time,within the Service Hours,until the Incident Raised is resolved. 8.5 TARGET RESPONSE TIME (WITHIN SERVICE HOURS) Priority Target Response time Critical 1 hours Severe 3 hours Serious 6 hours Minor/Query 24 hours 8.6 ERROR CLASSIFICATION Priority Classification Critical System not usable for any purpose Severe Malfunction impacting critical piece of functionality Serious Malfunction impacting non-critical piece of functionality Minor/Query Routine advice and guidance request,Documentation deficiency or usability suggestion 92 41 8.7 INCIDENT RAISED CLOSURE CATEGORIES Category Description Software,Systems or Sub-Systems Error The cause of the problem has been identified and an appropriate resolution has been generated. Hardware Fault The cause of the problem has been identified as a Hardware Fault. User Error The cause of the problem has been identified as a user error,not a Software,Systems or Sub-Systems Error. No Fault Found Either,the behaviour displayed in the incident report can be replicated and the way in which the Software,Systems or Sub-Systems behaved was consistent with the expected outcomes,or,Plotbox has not been able to replicate this incident within the supported version and environment. Withdrawn The Client has determined that a resolution to the incident should no longer be pursued. Change Request The Software,Systems or Sub-Systems behaviour is as designed.A CR should be raised to enhance functionality. Documentation Error The cause of the problem has been identified as stemming from a Documentation Error,which has been rectified. 8.8 EXTENSION The parties may,on a case by case basis,agree in writing to a reasonable extension of the response times specified above.The Customer hereby acknowledges and agrees that,whilst PlotBox shall use all reasonable endeavours to meet the response times,all such times are estimate only,and time shall not be of the essence under this agreement. 93 42 9 APPENDIX 2 9.1 FEE SCHEDULE 9.1.1 PROJECT FEES Item Description Price $ 1 Setup Fees $36,012 TOTAL SET-UP COST $36,012.00 9.1.2 SUBSCRIPTION FEES License Costs for 60 months based on 8 users Total (Year 1)-$8,100.00 Total (Year 2)-$8,100.00 Total (Year 3)-$8,100.00 Total (Year 4)-$8,100.00 Total (Year 5)-$8,100.00 94 PLOTBOX – GENERAL TERMS 1. INTRODUCTION 1.1. This page sets out the general terms and conditions (General Terms) which apply to any Software and Services (as defined below) which Plotbox (as defined below) licences or provides to any Customer (as defined below). 1.2. The parties’ agreement for the licensing, use and provision of the Software and Services is made up of (i) the SOW; (ii) these General Terms; and (iii) any other written document either issued by Plotbox (and expressly referring to and incorporating itself into the agreement) or any amendments or supplements to the agreement signed and agreed in writing between the parties. Together the above documents shall constitute and be known as the Agreement and apply to the contract between the parties to the exclusion of any other terms that the Customer may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 1.3. When construing the meaning of the Agreement, the documents listed in clause 1.2 shall be interpreted in an order of priority in the event of any inconsistency or conflict, with documents appearing earlier in the list taking priority over documents appearing later in the list. 1.4. These General Terms are published on Plotbox’s website. The Customer should print or save a copy of these General Terms for its records. 1.5. Any order placed by the Customer shall only be deemed to be accepted upon Plotbox’s signature of the SOW at which point and on which date the Agreement shall come into existence. 1.6. Intentionally Omitted. 1.7. Any SOW issued by Plotbox shall be valid for a period of 28 days from the date of issue, if not counter-signed and returned by the Customer, at which point the offer outlined in the SOW shall lapse. 2. INTERPRETATION 2.1. The definitions and rules of interpretation in this clause 2 apply in the Agreement. “Acceptance Tests” has the meaning given to it in the commercial terms in Appendix 1 to the SOW; “Agreement” has the meaning given to it in clause 1.2; “Authorised Users” means those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services and the Documentation, as further described in clause 4.2(e); “Business Day” means a day other than a Saturday, Sunday or public holiday in the USA; “Change of Control” means the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the general management of the company, and controls, controlled and the expression change of control shall be construed accordingly; “Completion Date” means the estimated date by which Plotbox shall make the Services available to the Customer for the Acceptance Tests; “Confidential Information” means information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 13.5; “Customer Data” means the data inputted by the Customer, Authorised Users, or Plotbox on the Customer's behalf for the purpose of using the Services or facilitating the Customer’s use of the Services; “Documentation” means the SOW and any other relevant documentation provided by Plotbox to the Customer in connection with the subject matter of the Agreement; “Effective Date” has the meaning given to it in the commercial terms in Appendix 1 to the SOW; “Facility” has the meaning given to it in the commercial terms in Appendix 1 to the SOW; “General Terms” has the meaning given to it in clause 1.1; “Initial Subscription Term” has the meaning given to it in the commercial terms in Appendix 1 to the SOW; “Payment Terms” has the meaning given to it in the commercial terms in Appendix 1 to the SOW; “Privacy Policy” has the meaning given to it in clause 7.3; “Project Fees” has the meaning given to it in the commercial terms in Appendix 1 to the SOW; “Services” means the subscription services provided by Plotbox to the Customer under the Agreement via www.plotboxit.com or any other website notified to the Customer by Plotbox from time to time, as more particularly described in the Documentation; “Service Hours” has the meaning given to it in the commercial terms in Appendix 1 to the SOW; “Software” means the online software applications provided by Plotbox as part of the Services; “SOW” means the statement of work provided by Plotbox to the Customer, including all appendices thereto; “Subscription Fees” has the meaning given to it in the commercial terms in Appendix 1 to the SOW; “Subscription Term” has the meaning given in clause 16.1 (being the Initial Subscription Term together with any subsequent Renewal Periods); “Support Services Policy” means Plotbox's policy for providing support in relation to the Services as made available at www.plotboxit.com or such other website address as may be notified to the Customer from time to time; “User Subscriptions” means the user subscriptions purchased by the Customer pursuant to clause 4 which entitle Authorised Users to access and use the Services and the Documentation in accordance with the Agreement, as specified in the commercial terms in Appendix 1 to the SOW; “Virus” means anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re- arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices; and “Work” means Plotbox’s work, duties and obligations to be carried out under the Agreement, as specified in the Tender and the Documentation. In the event of any conflict between the terms of such documents, the Documentation shall prevail. 2.2. Clause and paragraph headings shall not affect the interpretation of the Agreement. 2.3. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality). 2.4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. 9GSS7303.6335084.1 95 2.5. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. 2.6. A reference to a statute or statutory provision is a reference to it as it is in force as at the date of the Agreement. 2.7. A reference to writing or written includes faxes but not e- mail. 2.8. References to clauses are to the clauses of these General Terms. References to sections are to sections of the relevant Appendix to the Agreement. 3. SCOPE 3.1. Plotbox shall carry out the Work with reasonable diligence and dispatch, and with reasonable skill and expertise, to make the Services available for Acceptance Tests by the Completion Date. 3.2. Plotbox shall carry out, in conjunction with the Customer, the Acceptance Tests and make the Services available to the Customer in accordance with the terms of the Agreement. 3.3. Intentionally Omitted. 3.4. If Plotbox’s performance of its obligations is delayed at the request of the Customer or because of its acts or omissions, the relevant timescale shall be amended to take into account such delay. If Plotbox can demonstrate that the delay has resulted in an increase in cost to Plotbox in carrying out the Work or providing the Services, Plotbox may, at its sole discretion, notify the Customer that it wishes to increase the Project Fees and/or Subscription Fees by an amount not exceeding any such demonstrable cost. Plotbox shall add such amount to its fees accordingly, which additional amount shall be payable in accordance with the Payment Terms. 3.5. The Customer shall carry out the Acceptance Tests, in conjunction with Plotbox, promptly following Plotbox’s confirmation that the Services are available for acceptance testing. If the Services do not substantially conform to the Documentation, the Customer shall promptly provide Plotbox with written notice to this effect, giving details of the non-conformance. Plotbox shall, as appropriate, remedy the non-conformance and the relevant test(s) shall be completed within a reasonable time. Acceptance of the Services shall be deemed to have occurred on whichever is the earliest of: (a) the signing by the Customer of an acceptance certificate; (b) the expiry of 5 (five) days after Plotbox has made the Services available for the Acceptance Tests; or (c) the use by the Customer (or any Authorised User) of the Services in the normal course of business. 3.6. Plotbox shall be given an extension of time for performance of the Work if: (a) a force majeure event occurs; or (b) a variation to the Work or Services is made at the Customer’s request; or (c) a delay is caused in whole or part by an action or omission of the Customer or its employees, agents or third party contractors. 4. USER SUBSCRIPTIONS 4.1. Subject to the Customer paying the Project Fees purchasing the User Subscriptions in accordance with the Payment Terms and clause 11, the restrictions set out in this clause 4 and the other terms and conditions of the Agreement, Plotbox hereby grants to the Customer a non-exclusive, non- transferable right to permit the Authorised Users to use the Services and the Documentation during the Subscription Term solely for the Customer's internal business operations, more particularly the collating and management of cemetery data. 4.2. In relation to the Authorised Users, the Customer undertakes that: (a) the maximum number of Authorised Users that it authorises to access and use the Services and the Documentation shall not exceed the number of User Subscriptions it has purchased from time to time, as specified in the Commercial Terms; (b) it will not allow or suffer any User Subscription to be used by more than one individual named Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Services and/or Documentation; (c) each Authorised User shall only be entitled to access and use the Services for the purposes and according to the level of access applicable to the category of Authorised User specified in the Tender; (d) each Authorised User shall keep a secure password for his use of the Services and Documentation, that such password shall be changed no less frequently than monthly (which, unless otherwise agreed by Plotbox, will initially be set up by or on behalf of Plotbox) and that each Authorised User shall keep his password confidential; (e) it shall maintain a written, up to date list of current Authorised Users and provide such list to Plotbox within 5 Business Days of Plotbox’s written request at any time or times; (f) it shall permit Plotbox to audit the Services in order to establish the name and password of each Authorised User. Such audit may be conducted no more than once per quarter, at Plotbox's expense, and this right shall be exercised with reasonable prior notice, in such a manner as not to substantially interfere with the Customer's normal conduct of business; (g) if any of the audits referred to in clause 4.2(f) reveal that any password has been provided to any individual who is not an Authorised User, then without prejudice to Plotbox's other rights, the Customer shall promptly disable such passwords and Plotbox shall not issue any new passwords to any such individual; and (h) if any of the audits referred to in clause 4.2(f) reveal that the Customer has underpaid Subscription Fees to Plotbox, then without prejudice to Plotbox’s other rights, the Customer shall pay to Plotbox an amount equal to such underpayment as calculated in accordance with the prices set out in the Commercial Terms within 10 Business Days of the date of the relevant audit. 4.3. The Customer shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that: (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or (f) in a manner that is otherwise illegal or causes damage or injury to any person or property; and Plotbox reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer’s access to any material that breaches the provisions of this clause. 4.4. The Customer shall not: (a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties: (i) and except to the extent expressly permitted under the Agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or (b) access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation; or (c) use the Services and/or Documentation to provide services to third parties; or (d) subject to clause 23, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documentation available to any third party except the Authorised Users; or (e) attempt to obtain, or assist 96 third parties in obtaining, access to the Services and/or Documentation, other than as provided under this clause 4. 4.5. The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify Plotbox. 4.6. The rights provided under this clause 4 are granted to the Customer only, and shall not be considered granted to any affiliate, subsidiary or holding company of the Customer or other entity connected to the Customer. 5. ADDITIONAL USER SUBSCRIPTIONS 5.1. Subject to clause 5.2 and clause 5.3, the Customer may, from time to time during any Subscription Term, purchase additional User Subscriptions in excess of the number set out in the Commercial Terms and Plotbox shall grant access to the Services and the Documentation to such additional Authorised Users in accordance with the provisions of the Agreement. 5.2. If the Customer wishes to purchase additional User Subscriptions, the Customer shall notify Plotbox in writing. Plotbox shall evaluate such request for additional User Subscriptions and respond to the Customer with approval or rejection of the request (such approval not to be unreasonably withheld). 5.3. If Plotbox approves the Customer’s request to purchase additional User Subscriptions, the Customer shall, within 30 days of the date of Plotbox’s invoice, pay to Plotbox the relevant fees for such additional User Subscriptions (based on Plotbox’s then prevailing rates at the point at which such request is made) and, if such additional User Subscriptions are purchased by the Customer part way through the Initial Subscription Term or any Renewal Period (as applicable), such fees shall be pro-rated for the remainder of the Initial Subscription Term or then current Renewal Period (as applicable). 6. SERVICES 6.1. Plotbox shall, during the Subscription Term, provide the Services and make available the Documentation to the Customer on and subject to the terms of the Agreement. 6.2. Plotbox shall use commercially reasonable endeavours to make the Services available during the Service Hours, except for unscheduled maintenance provided that Plotbox has used reasonable endeavours to give the Customer notice in advance. 6.3. If using Internet Explorer, the Customer must have at least version 9 installed, as earlier versions than this are not supported by the Services. However, whichever browser is used to access the Services, it is recommended that the latest version is installed. 6.4. In terms of support provision Plotbox shall use all reasonable endeavours to provide support in accordance with Appendix 2 to the SOW. 6.5. In the event that any member of staff providing any services under the Agreement is unable to provide such services for a prolonged period for any reason then Plotbox shall, within a reasonable period, replace such staff member with an individual in a similar role or with similar experience to the staff member whom they are replacing. 6.6. Plotbox shall deliver the Services to the Customer (subject to the Customer complying with its obligations hereunder) in accordance with the timeline specified in the Documentation. 6.7. The Customer shall provide, for Plotbox, its agents, sub- contractors, consultants and employees, in a timely manner, access to all information and materials as Plotbox requires to perform its obligations under the Agreement and shall ensure that such information and materials are accurate and up-to-date. 6.8. If Plotbox’s performance of its obligations under the Agreement is prevented or delayed by any act or omission of the Customer, its agents, sub-contractors, consultants or employees, Plotbox shall not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly as a result of such delay. 6.9. Subject to the remainder of this clause 6, if there is a delay in the Completion Date upon which the Services are to be made available by Plotbox for Acceptance Tests, the Customer shall, upon giving Plotbox 14 days’ notice to that effect, and allowing it such 14 day period to remedy the delay, be entitled to terminate the Agreement or (by way of sole remedy) seek a 5% reduction in the Project Fees for each week that the Completion Date is delayed beyond the 14 day period following the Acceptance Date. 7. CUSTOMER DATA 7.1. The Customer shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data. 7.2. In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy shall be for PlotBox to use commercially reasonable efforts to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by PlotBox in accordance with its archiving procedure. PlotBox shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party or any damages (whether direct, indirect or consequential) suffered as a result. Customer agrees to maintain its own backup copy of Customer Data in the form it was held by Customer prior to providing it to Plotbox for processing under this Agreement. 7.3. If PlotBox processes any personal data on the Customer’s behalf when performing its obligations under this Agreement, the parties record their intention that the Customer shall be the data controller and PlotBox shall be a data processor and in any such case: (a) the Customer acknowledges and agrees that, subject to PlotBox notifying the Customer of such transfer or storage in advance, the personal data may be transferred or stored outside the EEA or the country where the Customer and the Authorized Users are located in order to carry out the Services and PlotBox’s other obligations under this Agreement; (b) the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to PlotBox so that PlotBox may lawfully use, process and transfer the personal data in accordance with this Agreement on the Customer's behalf; (c) the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; and (d) each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage 7.4. The Customer hereby grants PlotBox permission to use, store, publish, distribute, and publicly display as part of its genealogy portal at www.discovereverafter.com, the Customer Data, for the purposes of public searching and family history research, provided that this permission may be withdrawn by the Customer at any time by providing PlotBox with written notice to that effect or upon cancellation of this contract. 8. THIRD PARTY PROVIDERS The Customer acknowledges that the Services may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk. Plotbox makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third- party website, or any 97 transactions completed, and any contract entered into by the Customer (including those entailing any transfer of Personal Data), with any such third party. Any contract entered into and any transaction completed via any third-party website is between the Customer and the relevant third party, and not Plotbox. Plotbox recommends that the Customer refers to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. Plotbox does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services. 9. SUPPLIER'S OBLIGATIONS 9.1. Plotbox undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care. 9.2. The undertaking at clause 9.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to Plotbox's instructions, or modification or alteration of the Services by any party other than Plotbox or Plotbox's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, Plotbox will, at its expense, use all reasonable commercial endeavours to correct any such non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 9.1. Notwithstanding the foregoing, Plotbox: (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 9.3. The Agreement shall not prevent Plotbox from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under the Agreement. 10. CUSTOMER'S OBLIGATIONS 10.1. The Customer shall provide Plotbox with (i) all necessary co-operation in relation to the Agreement; and (ii) all necessary access to such information as may be required by Plotbox; in order to provide the Services, including but not limited to Customer Data, security access information and configuration services; (a) comply with all applicable laws and regulations with respect to its activities under the Agreement; (b) carry out all other Customer responsibilities set out in the Agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the parties, Plotbox may adjust any agreed timetable or delivery schedule as reasonably necessary; (c) ensure that the Authorised Users use the Services and the Documentation in accordance with the terms and conditions of the Agreement and shall be responsible for any Authorised User’s breach of the Agreement; (d) obtain and shall maintain all necessary licences, consents, and permissions necessary for Plotbox, its contractors and agents to perform their obligations under the Agreement, including without limitation the Services; (e) ensure that its network and systems comply with the relevant specifications provided by Plotbox from time to time; and (f) be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to Plotbox’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet. 11. CHARGES AND PAYMENT 11.1. The Customer shall pay the Project Fees and Subscription Fees to Plotbox for the User Subscriptions in accordance with the Payment Terms. 11.2. If PlotBox has not received payment within 30 days after the due date, and without prejudice to any other rights and remedies of PlotBox: (a) PlotBox may, without liability to the Customer, disable the Customer’s password, account and access to all or part of the Services and PlotBox shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and (b) interest shall accrue on a daily basis on such due amounts at an annual rate equal to 12% (or if lower, the maximum rate permitted by law), commencing on the due date and continuing until fully paid, whether before or after judgment. 11.3. All amounts and fees stated or referred to in the Agreement: (a) shall be payable in US Dollars; (b) are, subject to clause 15.4, non-cancellable and non- refundable. 11.4. Reimbursement of any travel costs or travel-related expenses permitted under this Agreement shall be limited to those permitted under Section 112.061, Florida Statutes. Customer shall not be liable for any expenses that exceed those allowed by Section 112.061, Florida Statutes, or that were not approved in writing in advance by Customer. Plotbox shall not commence work on any new SOW or work authorization until receipt of a purchase order and written notice to proceed by Customer. 11.5. Intentionally Omitted. 11.6. Intentionally Omitted. 12. PROPRIETARY RIGHTS The Customer acknowledges and agrees that Plotbox and/or its licensors own all intellectual property rights in the Services and the Documentation. Except as expressly stated herein, the Agreement does not grant the Customer any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation. Plotbox represents and warrants that at the time of entering into this Agreement, no claims have been asserted against Plotbox (whether or not any action or proceeding has been brought) that allege that any part of the Software infringes or misappropriates any patent, copyright, mask copyright, or any trade secret or other intellectual or proprietary right of a third party, and that Plotbox is unaware of any such potential claim. Plotbox also agrees, represents, and warrants that the Software, Services, and support and maintenance to be provided pursuant to this Agreement will not infringe or misappropriate any patent, copyright, mask copyright, or any trade secret or other intellectual or proprietary right of a third party. Plotbox shall defend at its own expense any claim brought against Customer by a third party in a court of competent jurisdiction alleging that the Software infringes such third party’s copyright, United States patent, or registered trademark or misappropriates such third party’s trade secrets, and shall indemnify and hold Customer harmless from and against those costs and damages awarded to such third party, or agreed to by Plotbox in a monetary settlement, that are specifically attributable to such claim. The foregoing obligations of Plotbox are subject to Customer notifying Plotbox promptly in writing of such claim, providing Plotbox sole control over the defense and settlement thereof (provided, however, Customer may participate in the defense or settlement of such claim at its own expense with counsel of its choice), and providing all information and assistance reasonably requested by Plotbox in connection therewith. 98 Notwithstanding the foregoing, Plotbox shall have no obligation or liability for any claim to the extent arising out of or resulting in whole or in part from: (i) unauthorized use or misuse of the Software by Customer or its Users; (ii) modifications to the Software not made by Plotbox; (iii) blueprints, designs or other materials supplied by Customer; (iv) combination of the Software with hardware, software or other items not supplied by Plotbox; (v) use of the Software as part of a Customer or third party method or system; (vi) use of an unsupported version of the Software; (vii) the specific data or type(s) of data input, processed or stored by Customer using the Software; or (viii) any third party products and services bundled or integrated with the Software or otherwise made available by Plotbox to Customer (it being understood such products and services are subject to the license and terms of the respective third party suppliers, and are warranted if at all only as expressly provided by such suppliers). In the event Plotbox has reason to believe that the Software is or may become subject to an infringement claim, in addition to Plotbox’s indemnification obligation, Plotbox shall have the right to modify the Software so that it becomes non- infringing, to secure the right for Customer to continue using the Software, or, if the foregoing options are not commercially practicable, as determined by Plotbox in its reasonable discretion, to terminate this Agreement and/or the corresponding SOWand accept return of the Software in exchange for a prorated refund of any prepayments made by Customer in respect of the remaining subscription period after the date of termination. 13. CONFIDENTIALITY 13.1. Each party may be given access to Confidential Information from the other party in order to perform its obligations under the Agreement. A party's Confidential Information shall not be deemed to include information that: (a) is or becomes publicly known other than through any act or omission of the receiving party; (b) was in the other party's lawful possession before the disclosure; (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; (d) is independently developed by the receiving party, which independent development can be shown by written evidence; or (e) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body. 13.2. Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of the Agreement. 13.3. Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of the Agreement. 13.4. Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party. 13.5. Any material submitted to Customer that Plotbox contends constitutes or contains Confidential Information, trade secrets, or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, Plotbox must, simultaneous with the submission of any Confidential Information, provide a sworn declaration or affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 688.002, Florida Statutes, and stating the factual basis for same. If a third party submits a request to Customer for records designated by Plotbox as Confidential, Customer shall refrain from disclosing the Confidential Information, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Plotbox. Plotbox shall indemnify and defend Customer and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Confidential Information in response to a records request by a third party .The Customer acknowledges that details of the Services, and the results of any performance tests of the Services, constitute Plotbox's Confidential Information. 13.6. Plotbox acknowledges that the Customer Data is the Confidential Information of the Customer, save to the extent it is agreed or known by the Customer to be disclosed or processed by Plotbox pursuant to Clause 7. 13.7. No party shall make, or permit any person to make, any public announcement concerning the Agreement without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction. Notwithstanding anything in this section to the contrary, none of the provisions relating to confidentiality or confidential information shall in any way act to limit, restrict, or prohibit Customer from complying with any of its obligations as a public entity under Florida's Public Records Act, Chapter 119, Florida Statutes. 14. INDEMNITY 14.1. The Customer shall defend, indemnify and hold harmless Plotbox against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer's use of the Services and/or Documentation, provided that: (a) the Customer is given prompt notice of any such claim; (b) Plotbox provides reasonable co-operation to the Customer in the defence and settlement of such claim, at the Customer's expense; and (c) the Customer is given sole authority to defend or settle the claim. Notwithstanding anything in this section, Customer is a municipal corporation of the State of Florida and has sovereign immunity from certain claims under Florida law, including Section 768.28, Florida Statutes. If Customer is required to indemnify Plotbox under this Agreement, the limitations on tort liability under Section 768.28, Florida Statutes, shall be the applicable limitations for Customer’s indemnification obligations under this Agreement, regardless of the nature or basis of the claim asserted. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by Customer nor shall anything included herein be construed as consent by Customer to be sued by third parties in any matter arising out of this Agreement. 14.2. Subject to clause 15, Plotbox shall defend the Customer, its officers, directors and employees against any claim that the Services or Documentation infringe any U.S. patent effective as of the Effective Date, copyright, trade mark, database right or right of confidentiality, and shall indemnify the Customer for any amounts awarded against the Customer in judgment or settlement of such claims, provided that: (a) Plotbox is given prompt notice of any such claim; (a) the Customer provides reasonable co-operation to Plotbox in the defence and settlement of such claim, at Plotbox's expense; and (b) Plotbox is given sole authority to defend or settle the claim. 14.3. In the defence or settlement of any claim, Plotbox may procure the right for the Customer to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, terminate the Agreement on 2 Business Days’ notice to the Customer without any additional liability or obligation to pay liquidated damages or other additional costs to the Customer. 14.4. In no event shall Plotbox, its employees, agents and sub-contractors be liable to the Customer to the extent that the alleged infringement is based on: (a) a modification of 99 the Services or Documentation by anyone other than Plotbox; or (b) the Customer's use of the Services or Documentation in a manner contrary to the instructions given to the Customer by Plotbox; or (c) the Customer's use of the Services or Documentation after notice of the alleged or actual infringement from Plotbox or any appropriate authority. 14.5. The foregoing, and clause 15.4(b) states the Customer's sole and exclusive rights and remedies, and Plotbox's (including Plotbox’s employees', agents' and sub- contractors’) entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality. 15. LIMITATION OF LIABILITY 15.1. This clause 15 sets out the entire financial liability of Plotbox (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer: (a) arising under or in connection with the Agreement; (b) in respect of any use made by the Customer of the Services and Documentation or any part of them; and (c) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Agreement. 15.2. Except as expressly and specifically provided in the Agreement: (a) the Customer assumes sole responsibility for results obtained from the use of the Services and the Documentation by the Customer, and for conclusions drawn from such use. Plotbox shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Plotbox by the Customer in connection with the Services, or any actions taken by Plotbox at the Customer's direction; (b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Agreement; and (c) the Services and the Documentation are provided to the Customer on an "as is" basis. 15.3. Nothing in the Agreement excludes the liability of Plotbox: (a) for death or personal injury caused by Plotbox's negligence; or (b) for fraud or fraudulent misrepresentation. 15.4. Subject to clauses 15.2 and 15.3: (a) Plotbox shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under the Agreement; and (b) Plotbox's total aggregate liability in contract, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the total amount paid by the Customer to Plotbox under the Agreement during the 12 months immediately preceding the date on which the claim arose. 16. TERM AND TERMINATION 16.1. The Agreement shall, unless otherwise terminated as provided in this clause 16, commence on the Effective Date and shall continue for the Initial Subscription Term and, thereafter, the Agreement shall (subject to the parties reaching agreement on the level of fees payable) be automatically renewed for successive periods of 12 months (each a Renewal Period), if the Customer provides its written consent to renewal no later than 30 days prior to the end of the then current Initial Subscription Term or Renewal Period. If it does not, then the Agreement shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period, unless otherwise terminated in accordance with its provisions. The Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term. Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if: (a) the other party fails to pay any amount due under this Agreement on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment; (b) the other party commits a material breach of any other term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so; (c) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts; (d) an application is made to court, or an order is made, for the appointment of an administrator, receiver, or bankruptcy trustee over the party; or (e) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business relevant to performance under this Agreement. 16.2. On termination of the Agreement for any reason: (a) all licences granted under the Agreement shall immediately terminate; (b) each party shall return and make no further use of any equipment, property, Documentation and other items (and all copies of them) belonging to the other party provided that nothing in this section shall prevent Customer from complying with Florida’s Public Records Law retention requirements; (c) Plotbox may destroy or otherwise dispose of any of the Customer Data in its possession unless Plotbox receives, no later than 30 days after the effective date of the termination of the Agreement, a written request for the delivery to the Customer of the then most recent back- up of the Customer Data. Plotbox shall use reasonable commercial endeavours to deliver the back-up to the Customer within 30 days of its receipt of such a written request, provided that the Customer has, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination); and (d) any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced 17. FORCE MAJEURE Plotbox shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Plotbox or any other party), failure of a utility service or transport or telecommunications network, act of God, war, epidemic, pandemic, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub- contractors, provided that the Customer is notified of such an event and its expected duration. If such a force majeure event prevents, hinders or delays Plotbox’s performance of its obligations for a continuous period of more than three (3) months, the Customer may terminate the Agreement by giving one (1) months’ notice to Plotbox. 18. VARIATION No variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives) and appended to the Agreement. 19. WAIVER No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall 100 constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 20. COUNTERPARTS The SOW may be executed in any number of counterparts, each of which will be considered an original, but all of which together will constitute the same agreement. The exchange of a fully executed SOW (in counterparts or otherwise) by electronic transmission shall be sufficient to bind the parties to the terms and conditions of the Agreement. 21. RIGHTS AND REMEDIES Except as expressly provided in the Agreement, the rights and remedies provided under the Agreement are in addition to, and not exclusive of, any rights or remedies provided by law. 22. SEVERANCE 22.1. If any provision (or part of a provision) of the Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. 22.2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties. 23. ENTIRE AGREEMENT 23.1. The Agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. 23.2. Each of the parties acknowledges and agrees that in entering into the Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Agreement or not) relating to the subject matter of the Agreement, other than as expressly set out in the Agreement. 24. ASSIGNMENT 24.1. Neither party shall, without the prior written consent of the other party, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement. 25. NO PARTNERSHIP OR AGENCY Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power). 26. THIRD PARTY RIGHTS The Agreement does not confer any rights on any person or party (other than the parties to the Agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999. 27. NOTICES 27.1. Any notice required to be given under the Agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in the Agreement, or such other address as may have been notified by that party for such purposes. 27.2. A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. 28. GOVERNING LAW AND JURISDICTION This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of New York exclusive of conflict or choice of law rules but inclusive of applicable federal law, including the Federal Arbitration Act. Notwithstanding any other choice of law provision herein, Florida law shall govern any claim or defense relating to Customer’s public records obligations or sovereign immunity as a municipal corporation of the State of Florida. Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules, using Expedited Arbitration Procedures, available at www.jamsadr.com. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. The Tribunal will consist of one (1) arbitrator. The place of 101 arbitration will be New York, NY. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 29. ADDITIONAL TERMS (a) Data and Privacy. Plotbox shall comply with all applicable data and privacy laws and regulations, including without limitation Section 501.171, Florida Statutes, and shall ensure that Customer data processed, transmitted, or stored by Plotbox is not accessed, transmitted, or stored outside the United States. Plotbox shall not sell, market, publicize, distribute, or otherwise make available to any third party any personal identification information (as defined by Sections 501.171, 817.568, or 817.5685, Florida Statutes, as amended) that Plotbox may receive or otherwise have access to in connection with this Agreement, unless expressly authorized in advance by Customer. If applicable and requested by Customer, Plotbox shall ensure that all hard drives or other storage devices and media that contained Customer data have been wiped in accordance with the then-current best industry practices, including without limitation DOD 5220.22-M, and that an appropriate data wipe certification is provided to the satisfaction of the Customer. (b) Entities of Foreign Concern. Plotbox represents and certifies: (i) Plotbox is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Plotbox; and (iii) Plotbox is not organized under the laws of and does not have its principal place of business in a foreign country of concern. On or before the effective date of this Agreement, Plotbox and any subcontractor that will have access to personal identifying information shall submit to Customer executed affidavit(s) under penalty of perjury, in a form approved by Customer attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for purposes of Paragraph 8. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. (c) Ownership. Plotbox represents and warrants that it is the owner of all right, title, and interest in and to the Software, or that it has the right to grant to Customer the rights and the licenses granted under this Agreement, and that Plotbox has not knowingly granted rights or licenses to any other person or entity that would restrict rights and licenses granted hereunder, except as may be expressly stated herein. (d) Warranty Regarding Viruses. Plotbox further represents, warrants, and agrees that the Software is free from currently- known viruses or malicious software (at the time the Software and any subsequent versions thereof are provided to Customer), and that Plotbox has and will continue, for the full term of this Agreement, to use commercially reasonable security measures to ensure the integrity of the Software from data leaks, hackers, denial of service attacks, and other unauthorized intrusions. If the Software accepts, transmits, or stores any credit cardholder data, (e) ADA Compliance. Plotbox represents and warrants that the Software is, and for the duration of the Agreement will remain, fully accessible and compliant with the Americans with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and all other Applicable Law, and that the Products and System meet or exceed the World Wide Web Consortium/Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standard or any higher standard as may be adopted by the International Organization for Standardization. (f) Public Entity Crime Act. Plotbox represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Plotbox further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, 102 Florida Statutes, and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Plotbox has been placed on the convicted vendor list. (g) Discriminatory Vendor and Scrutinized Companies Lists; Countries of Concern. Plotbox represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Plotbox represents and certifies that it is not, and for the duration of the Term will not be, ineligible to contract with Customer on any of the grounds stated in Section 287.135, Florida Statutes. Plotbox represents that it is, and for the duration of the term of the Agreement will remain, in compliance with Section 286.101, Florida Statutes. (h) Verification of Employment Eligibility. Plotbox represents that Plotbox and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Plotbox violates this section, Customer may immediately terminate this Agreement for cause and Plotbox shall be liable for all costs incurred by Customer due to the termination. (i)Insurance. Plotbox shall purchase from and maintain during the term of the Agreement, and any additional period required, the following insurance: (a) Comprehensive General Liability insurance in an amount not less than $1,000,000.00 Combined Single Limit per each occurrence, not less than $1,000,000 Products-comp/op aggregate, and not less than $1,000,000 Personal & Advertising Injury aggregate. (b) Worker’s Compensation and Employer’s Liability Insurance with limits of Employer’s Liability Insurance not less than $500,000 “each accident,” $500,000 “disease policy limit,” and $500,000 “disease each employee”. (c) Cyber Liability insurance including network security and privacy liability with not less than $1,000,000 per loss and shall include coverage for claims arising from: information theft, dissemination and/or use of confidential information stored or transmitted in electronic form, unauthorized access to, use of, or tampering with computer systems including hacker attack, the introduction of a computer virus into, or otherwise causing damage to, a computer or computer system or network and the data, software and programs thereon, infringement or intellectual property/copyright, trademark, invasion of privacy violations, release of confidential and/or private information, extortion, or inability of an authorized party to gain access to your services, including denial of services. Such coverage shall be maintained for a period of no less than the later of three (3) years after final payment under the contract. All insurance policies shall be issued by companies that (a) are authorized to transact business in the State of Florida, (b) have agents upon whom service of process may be made in Palm Beach County, Florida, and (c) have a Best's rating of A- VI or better. Additional Insured: All liability insurance policies shall name and endorse the following as additional insured(s): The City of Boynton Beach and its officers, agents, employees, and City commission members but only to the extent that such losses result from the negligent acts or omissions of Plotbox, its agents or employees, during and within the scope of their employment while on the project site (excluding liability for alarm system or monitoring failures). Certificate of Insurance. Plotbox shall provide Customer’s Risk Manager with a copy of the Certificate of Insurance and 103 endorsements evidencing the types of Insurance and coverage required prior to the commencement of Services. It is Plotbox’s responsibility to ensure that the Customer’s Risk Manager has a current Insurance Certificate and endorsements at all times. If Plotbox’s insurance policy is a claims made policy, Plotbox shall maintain such insurance coverage for a period of two (2) years after the expiration or termination of this Agreement. Applicable coverage may be met by keeping the policies in force, or by obtaining an extension of coverage commonly known as a reporting endorsement of tail coverage. The provisions of this section shall survive beyond the expiration or termination of this Agreement. 104 April 5th,2024 Ref:Letter for Sole Source To Whom it may Concern, PlotBox confirms our solution is a sole source product,developed and sold only by PlotBox Inc (and its subsidiaries)and is not available to purchase through 3rd parties or resellers of any kind. To our knowledge no other company offers the same functional or non-functional solution. All of our technology is proprietary and designed and developed exclusively for the management of cemeteries,crematories and funeral homes by our own in-house team. All of the intellectual property rights from any such development is wholly owned by PlotBox.We do not build on top of other customizable applications which are available to clients elsewhere. If any further information is required,please don’t hesitate to contact me. Sincerely, Sean McAllister CEO DocuSign Envelope ID: 9CF821F8-3261-4E31-8517-C26086C5C041 105510 Disclosures for Plotbox Agreement The City desires to contract with Plotbox, Inc. to obtain a software license to utilize the vendor’s cemetery and crematory management solution and related hosting and support services for the City’s 2 cemeteries. The agreement is on the vendor’s form. Non-standard business and legal terms are disclosed below. By executing this agreement, you are accepting these terms on behalf of the City. Section Disclosure Indemnification The City is required to indemnify Plotbox for any claims arising from the City’s use of the services or documentation it provides to Plotbox. Annual Fee Fees must be paid on the payment due date regardless of whether the project is fully live or not. All fees payable under the agreement are non- refundable. Software Configuration Plotbox will configure cemetery sections and fees using existing data, if there are any inaccuracies in the current data, they will continue to appear. Any subsequent data clean-up is the City’s responsibility. Additional Costs If there are unanticipated complexities or other unforeseen conditions, Plotbox can charge the City additional fees. Additionally, if the City requests additional services, the City will be charged a time and materials rate, an overtime rate (if applicable), and all expenses at actual cost. City’s Data Testing Team City is required to designate data testing team members that will have availability to dedicate 1-2 hours per day to this function during agreed upon periods. Training City will receive up to 9 hours of online training. If additional hours are required, a change order process will be initiated, and City will be billed at Plotbox’s normal hourly rate. Training hours must be utilized within 1- month of go-live. No On-Site Support City will not receive any on-site support during go-live. Delay in Prerequisite Delivery If City does not deliver all identified prerequisites within 4 weeks of the agreed timeframe, then the 40% test system invoice will become immediately payable. Project Restart Fees If City fails to respond to Plotbox’s requests (providing requested files, providing clarification of data, completion of testing, etc.) within 15 days, the project may be placed on hold and removed from Plotbox’s schedule, and Plotbox has the right to charge the City a project restart fee and implement a new project schedule. Acceptance City is deemed to have accepted the services if it does not identify issues within 5 days after Plotbox has made the services available for the Acceptance Tests, or if the City uses the services in the normal course of business. Delay in Completion If Plotbox delays the completion date due to Plotbox’s actions, the City can give Plotbox 14 days’ notice to remedy the delay. If Plotbox doesn’t timely remedy the delay, the City may (i) terminate the Agreement; or (ii) seek a 5% reduction in the project fees for each week that the completion date is delayed. Customer Data If Plotbox loses or damages any City data, the sole remedy is for Plotbox to use commercially reasonable efforts to restore the lost or damaged 106 data from the last archived backup. Plotbox disclaims all other liability for damages, and the City is required to maintain its own backup copy of data. Publication of City Data City is granting Plotbox the right to publicly display data as part of Plotbox’s genealogy portal for the purpose of searching family history. The City can withdraw this permission at any time. Limitation of Liability Plotbox’s total liability to the City for claims arising from the agreement is the amount paid by the City during the 12 months immediately preceding the date on which the claim arose. Jurisdiction, Venue, and Arbitration Agreement is governed by the laws of the State of New York, and requires the parties to resolve disputes through arbitration in New York. 107 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 04/16/2024 Meeting Date: 04/16/2024 Proposed Resolution No. R24-081- Approve and authorize the City Manager to sign the Easement Agreement between 51 Hypoluxo, LLC, ("Grantor") and the City of Boynton Beach ("Grantee") for construction, operational repair, maintenance, and future replacement of a sanitary sewer lift station and underground wastewater infrastructure. Requested Action: Staff recommends approval of Proposed Resolution No. R24-081. Explanation of Request: The Town of Hypoluxo has secured grant funding to eliminate septic tanks in two commercial areas, Hypoluxo Mall and Miner Road Business Park, and signed an Interlocal Agreement with the City to implement the program. The Easement Agreement is required for the installation of underground wastewater infrastructure and a lift station to serve the Hypoluxo Mall. The Grantor agrees to provide the following access to the City: (i) an easement for the construction of the lift station, (ii) a nonexclusive ingress-egress easement for access to the lift station, and (iii) a nonexclusive utility easement for the construction of the underground wastewater infrastructure. How will this affect city programs or services? There is no impact to City programs or services. Fiscal Impact: There is no fiscal impact to the City. Attachments: R24-081 Agenda_Item_1427-2023_Resolution_for_Easement_Agmt.docx Exhibit A to Resolution Easement Agreement.pdf 108 RESOLUTION NO. R24-0811 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING AN EASEMENT AGREEMENT BETWEEN 3 51 HYPOLUXO, LLC (THE "GRANTOR") AND THE CITY OF BOYNTON 4 BEACH (THE "GRANTEE") FOR THE CONSTRUCTION, OPERATIONAL 5 REPAIR, MAINTENANCE, AND FUTURE REPLACEMENT OF A SANITARY 6 SEWER LIFT STATION AND UNDERGROUND WASTEWATER 7 INFRASTRUCTURE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 8 PURPOSES. 9 WHEREAS, the Town of Hypoluxo has secured grant funding to eliminate septic tanks 10 in two commercial areas: Hypoluxo Mall and Miner Road Business Park. The Town of 11 Hypoluxo signed an Interlocal Agreement with the City of Boynton Beach for the 12 implementation of the program; and13 WHEREAS, the Easement Agreement is required for the installation of underground 14 wastewater infrastructure and a lift station to serve the Hypoluxo Mall; and15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to approve 17 and authorize the City Manager to sign an Easement Agreement between 51 Hypoluxo, LLC,18 (the "Grantor") and the City of Boynton Beach (the "Grantee") for construction, operational 19 repair, maintenance, and future replacement of a sanitary sewer lift station and underground 20 wastewater infrastructure.21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 SECTION 1.Each Whereas clause set forth above is true and correct and 24 incorporated herein by this reference.25 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does 26 hereby approve and authorize the City Manager to sign an Easement Agreement between 51 27 Hypoluxo, LLC, (the "Grantor") and the City of Boynton Beach (the "Grantee") for construction, 28 operational repair, maintenance, and future replacement of a sanitary sewer lift station and 29 109 underground wastewater infrastructure, in form and substance similar to that attached as 30 “Exhibit A.” 31 SECTION 3.Upon the City's execution of the Easement Agreement, the City Clerk 32 shall record it in the Public Records of Palm Beach County and provide a copy to Keith 33 Webber, Engineering Assistant Director. 34 SECTION 4.This Resolution shall take effect in accordance with law.35 PASSED AND ADOPTED this 16th day of April 2024.36 CITY OF BOYNTON BEACH, FLORIDA37 38 YES NO39 40 Mayor – Ty Penserga __________41 42 Vice Mayor – Aimee Kelley __________43 44 Commissioner – Angela Cruz __________45 46 Commissioner – Woodrow L. Hay __________47 48 Commissioner – Thomas Turkin __________49 50 VOTE ______51 52 ATTEST:53 54 ___________________________________________________________55 Maylee De Jesús, MPA, MMC Ty Penserga56 City Clerk Mayor57 58 APPROVED AS TO FORM:59 (Corporate Seal)60 61 _______________________________62 Shawna G. Lamb63 City Attorney64 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 04/16/2024 Meeting Date: 04/16/2024 Proposed Resolution No. R24-082- Approving Releases of Claim and Indemnification Agreements totaling $200,000 in the matter of Devon Schulte, Staci Schulte, and Devon Schulte, as Father and Natural Guardian of T.S., a minor v. City of Boynton Beach, filed in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, Case No. 50- 2023-CA-003474-XXXX-MB. Requested Action: Staff recommends approval of Proposed Resolution No. R24-082. Explanation of Request: Devon Schulte, Staci Schulte, and Devon Schulte, as Father and Natural Guardian of T.S., brought a claim for damages by way of a complaint in the Fifteenth Judicial Circuit in the matter of Devon Schulte, Staci Schulte, and Devon Schulte, as Father and Natural Guardian of T.S., a minor v. City of Boynton Beach, filed in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, Case No. 50-2023-CA-003474-XXXX-MB for an accident that occurred on or about June 6, 2022. The City has reached a settlement agreement with the Plaintiffs to resolve the matter for a total of $200,000. Of the $200,000 settlement, the City will pay $67,951.95, the remaining portion of the City's deductible. The Plaintiffs have signed a general release that releases the City from all claims arising from this incident, which ends all of the claims for damages, including all attorneys' fees and costs, against the City of Boynton Beach. The Code of Ordinances of the City of Boynton Beach, Florida, provides that the authority for settlement of all claims over $50,000 shall require the approval of the City Commission by formal resolution. How will this affect city programs or services? No impact. Fiscal Impact: $67,951.95 Attachments: R24-082 Agenda_Item_1446-2023_Resolution_for_General_Release (1).docx Exhibit A to Resolution - Memorandum of Settlement.pdf Exhibit B to Resolution - Release of Claim- Staci Schulte Exhibit C to Resolution - Release of Claim- D. Schulte.pdf Exhibit D to Resolution - Release of Claim - D. Schulte for minor TS.pdf 133 RESOLUTION NO. R24-0821 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE MEMORADUM OF SETTLEMENT AND 4 RELEASES OF CLAIM TOTALING $200,000 IN THE MATTER OF DEVON 5 SCHULTE, STACI SCHULTE, AND DEVON SCHULTE, AS FATHER AND 6 NATURAL GUARDIAN OF T.S., A MINOR V. CITY OF BOYNTON BEACH, 7 FILED IN THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH 8 COUNTY, FLORIDA, CASE NO. 50-2023-CA-003474-XXXX-MB;9 PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 10 11 WHEREAS,The Code of Ordinances of the City of Boynton Beach, Florida, provides that 12 the authority for settlement of all claims in excess of $50,000 shall require approval of the City 13 Commission by formal resolution; and14 WHEREAS, The Plaintiffs brought a claim for damages for an accident that occurred on 15 or about June 6, 2022, by way of a complaint in the Fifteenth Judicial Circuit in the matter of 16 Devon Schulte, Staci Schulte, and Devon Schulte, as Father and Natural Guardian of T.S., a minor 17 v. City of Boynton Beach, filed in the Fifteenth Judicial Circuit, in and for Palm Beach County, 18 Florida, Case No. 50-2023-CA-003474-XXXX-MB (the “Action”); and19 WHEREAS, Releases of Claim and Indemnification Agreements were reached with the 20 Plaintiffs for a total amount of $200,000 in exchange for general releases of all claims, including 21 all attorney’s fees and costs; and22 WHEREAS, the City’s portion of settlement responsibility is $67,951.95, which reflects the 23 remaining amount of deductible for the claim, with the remainder to be paid by the City’s 24 Insurance; and 25 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 26 the best interests of the citizens and residents of the City of Boynton to approve the Release of 27 Claim and Indemnification Agreements totaling $200,000 in the matter of Devon Schulte, Staci 28 Schulte and Devon Schulte, as Father and Natural Guardian of T.S., a minor v. City of Boynton 29 Beach.30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 31 BEACH, FLORIDA, THAT:32 134 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 35 SECTION 2.The City Commission hereby approves the Memorandum of Settlement 36 and the Releases of Claim totaling $200,000, with the City paying $67,951.95, in the matter of 37 Devon Schulte, Staci Schulte, and Devon Schulte, as Father and Natural Guardian of T.S., a minor 38 v. City of Boynton Beach, attached as “Exhibits A-D.”39 SECTION 3.The fully executed Releases of Claim and Indemnification Agreements40 shall be retained by the City Clerk as a public record of the City.41 SECTION 4.This Resolution shall take effect as provided by law.42 PASSED AND ADOPTED this 16th day of April 2024.43 CITY OF BOYNTON BEACH, FLORIDA44 YES NO45 46 Mayor – Ty Penserga _____ _____47 48 Vice Mayor – Aimee Kelley _____ _____49 50 Commissioner – Angela Cruz _____ _____51 52 Commissioner – Woodrow L. Hay _____ _____53 54 Commissioner – Thomas Turkin _____ _____55 56 VOTE ______57 ATTEST:58 ___________________________________________________________59 Maylee De Jesús, MPA, MMC Ty Penserga60 City Clerk Mayor61 62 APPROVED AS TO FORM:63 64 (Corporate Seal)_______________________________65 Shawna G. Lamb66 City Attorney67 135 Page 1 of 4 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2023-CA-003474-XXXX-MB DEVON SCHULTE, STACI SCHULTE and DEVON SCHULTE, as father and natural guardian of T.S., a minor, Plaintiffs, v. CITY OF BOYNTON BEACH, Defendant. / Memorandum of Settlement 1. On Tuesday, April 2, 2024, the parties agreed to settle this matter. 2. The undersigned have agreed to settle all claims upon the following terms: (a) On behalf of the City of Boynton Beach, the Florida Municipal Insurance Trust will pay DEVON SCHULTE the sum of Twelve Thousand and Five Hundred Dollars ($12,500.00); (b) DEVON SCHULTE will execute the attached General Release and Indemnification Agreement in favor of the City of Boynton Beach, Tristar Risk Management, the Florida Municipal Insurance Trust, and the Florida League of Cities; (c) On behalf of the City of Boynton Beach, the Florida Municipal Insurance Trust will pay DEVON SCHULTE, as father and natural guardian of T.S., a minor, the sum of Twelve Thousand and Five Hundred Dollars ($12,500.00); (d) DEVON SCHULTE, as father and natural guardian of T.S., a minor, will execute the attached General Release and Indemnification 136 Page 2 of 4 Agreement in favor of the City of Boynton Beach, Tristar Risk Management, the Florida Municipal Insurance Trust, and the Florida League of Cities; (e) On behalf of the City of Boynton Beach, the Florida Municipal Insurance Trust will pay STACI SCHULTE the sum of One Hundred and Seventy Five Thousand and no/100 Dollars ($175,000.00); (f) STACI SCHULTE will execute the attached General Release and Indemnification Agreement in favor of the City of Boynton Beach, Tristar Risk Management, the Florida Municipal Insurance Trust, and the Florida League of Cities; (g) Upon the exchange of the settlement proceeds for the wet-ink original General Releases referenced above, the parties will file a stipulation of dismissal with prejudice in accordance with Fla. R. Civ. P. 1.420(a)(1)(B); and (h) The parties will obtain a final order of dismissal with prejudice from the Court. 3. The parties agree and acknowledge that the foregoing terms of settlement are contingent upon the approval of the City Commission of the City of Boynton Beach. Dated this 19th day of March 2024. _______________________________ _________________________________ Patrick W. Lawlor, Esq. Christopher J. Stearns, Esq. Attorney for Plaintiff Attorney for Boynton Beach 137 Page 3 of 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof has been served and filed through the Florida Court E-Filing Portal this ___ day of January 2024 to: Robert A. Samartin, Esq., The Law Offices of Berman & Berman, P.A., 800 N. Belcher Rd., Clearwater, FL 33765, service@thebermanlawgroup.com and Lyman H. Reynolds, Jr., Esq., Roberts, Reynolds, Bedard & Tuzzio, PLLC, 470 Columbia Dr., Bldg. C101, West Palm Beach, FL 33409, service_LHR@rrbpa.com /s/Christopher J. Stearns CHRISTOPHER J. STEARNS FLA. BAR NO. 557870 Attorney for Boynton Beach JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. 2455 E. Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 954-463-0100-Tel./954-463-2444-Fax Primary Service email: stearns@jambg.com Secondary Service emails: young@jambg.com & nunez@jambg.com 138 Page 4 of 4 139 RELEASE or CLAIM D N _VIDM,a,MUMLAS 1/y, M ENT KNOW ALL MEN BY THESE PRESENTS: That STACI SCHULTE hereinafter referred to as "first party", for and in consideration of the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO/CENTS ($175,000.00) or other valuable consideration, received from or on behalf of the CITY OF I3OYNTON BEACH, TRISTAR RISK MANAGEMENT, FLORIDA LEAGUE OF CITIES, and FLORIDA MUNICIPAL INSURANCE TRUST, hereinafter referred to as "second parties", the receipt whereof is hereby acknowledged. HEREBY irrevocably remises, releases, acquits, satisfies, and forever discharges the said second parties, their agents, servants, employees, and insurers, of and from all, and all manner of action and actions, cause or causes of action, suits, attorneys' fees and costs, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said first party ever had, now has, or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against said second parties, for, upon or by reason of any matter, cause or thing whatsoever, arising from that accident which Plaintiffs allege occurred on or about June 6, 2022, at, on, or near West Gateway Boulevard, Boynton Beach, Palm Beach County, Florida, and to any cause of action raised in, or that could have been raised in, or arising out of the filing and prosecution of the litigation described as Devon Schulte, Staci Schulte and Devon Schulte, as Father and Natural Guardian of T.S., a minor v. City of Boynton Beach, Case No. 50-2023-CA- 003474400CX-MB I represent that all medical bills, hospital bills, disability and wage losses, including any subrogation rights or liens for the payment of same by any third party, including any Medicare, Medicaid, hospital, or workers' compensation liens, as well as any claim for reimbursement or subrogation, which arose out of the subject incident sued upon in the aforementioned litigation have been paid in full or will be settled with the proceeds of this settlement. I SPECIFICALLY UNDERTAKE AND AGREE TO INDEMNIFY the second parties for any claims, demands, subrogation rights or liens that may be asserted against the second parties for the above mentioned expenses or losses of the first party. It is understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim and the payment is not to be construed as an admission of liability on the part of the second parties, by whom liability is expressly denied. I have carefully read the Release of Claim and understand its terms, operation, and effect. IN WITNESS WHEREOF, I have hereunto set my hand and seal this L-Oh day of pp , 2024. 140 ltdonso orClidni and Indemnification Agrecinont Pngo 2 Sign<d, soaled and deilvered in the presence of: STAC JULT STATE OF F r n r.:4 )SS COUNTY OF OA I A-n ( 0,9 soil The foregoing instrument was acknowledged before me by means of ysical presence or Ej online notarization, this 4 71 day of 40,-/ 1C , 2024, by j -r-Q el- SC 'la k -Who is personally known to me, or who has produced as identification, (NOTARY SEAL) My commission expires: This Instrument Prepared By: CHRISTOPHER J. STEARNS, ESQ. Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 East Sunrise Blvd,, Suite 1000 Fort Lauderdale, FL 33304 Telephone: (954) 463-0100 Fla, Bar No, 557870 Notary Public, State of Florida at Large Printed Name: uc+c c''.1-4-\ /--1, ) car., 00 Pi* STEVENS MILORD ...... OommIsslort # HH 133331 ,r<7. Expires September 9, 2025 40F Fvog- Bonded Thru Budget Notary Services 141 RELEASE OF CLAIM AND INDEMNIFICATION AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That DEVON SCHULTE hereinafter referred to as "first party", for and in consideration of the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS AND NO/CENTS ($12,500.00) or other valuable consideration, received from or on behalf of the CITY OF BOYNTON BEACH, TRISTAR RISK MANAGEMENT, FLORIDA LEAGUE OF CITIES, and FLORIDA MUNICIPAL INSURANCE TRUST, hereinafter referred to as "second parties", the receipt whereof is hereby acknowledged. HEREBY irrevocably remises, releases, acquits, satisfies, and forever discharges the said second parties, their agents, servants, employees, and insurers, of and from all, and all manner of action and actions, cause or causes of action, suits, attorneys' fees and costs, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said first party ever had, now has, or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against said second parties, for, upon or by reason of any matter, cause or thing whatsoever, arising from that accident which Plaintiffs allege occurred on or about June 6, 2022, at, on, or near West Gateway Boulevard, Boynton Beach, Palm Beach County, Florida, and to any cause of action raised in, or that could have been raised in, or arising out of the filing and prosecution of the litigation described as Devon Schulte, Stool Schulte and Devon Schulte, as Father and Natural Guardian of TS., a minor v. CIty of Boynton Beach, Case No. 50-2023-CA- 003474-XXXX-MB . I represent that all medical bills, hospital bills, disability and wage losses, including any subrogation rights or liens for the payment of same by any third party, including any Medicare, Medicaid, hospital, or workers' compensation liens, as well as any claim for reimbursement or subrogation, which arose out of the subject incident sued upon in the aforementioned litigation have been paid in full or will be settled with the proceeds of this settlement. I SPECIFICALLY UNDERTAKE AND AGREE TO INDEMNIFY the second parties for any claims, demands, subrogation rights or liens that may be asserted against the second parties for the above mentioned expenses or losses of the first party. It is understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim and the payment is not to be construed as an admission of liability on the part of the second parties, by whom liability is expressly denied. I have carefully read the Release of Claim and understand its terms, operation, and effect. of IN WITNESS WHEREOF, I have hereunto set my hand and seal this , 2024. day 142 Release ot'Clahn and indemnification Agreement Page 2 Signed, sealed and delivered in the presence of: DEVO LTE !'NESS STATE OP trz-(r, (\IA )SS COUNTY OF 4" 130..4 ) The foregoing instrument was acknowledged before me by means of raZphysical presence or Ej online notarization, this 4" day of , 2024, by Deucivi cc iAol4eL__ who is personally known to me, or who has produced Ft- 01._ as identification, key,STEVENS MILORD Commission #1111 133334 4,c• Expires September 9, 2025 Bonded Thru Budget Notary Sentices (NOTARY SEAL) My commission expires: This Instrument Prepared By: CHRISTOPHER J. STEARNS, ESQ. Johnson, Armin-1o, Murdoch, Burke, Piper & Hochman, P,A. 2455 East Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 Telephone: (954) 463-0100 Fla. Bar No, 557870 Notary Public, State of Florida at Large Printed Name: 143 RELEASE OF CLAIM AND INDEMNIFICATION AGREEMENT KNOW ALL MEN BY '1'111;81,', PRESENTS: That DEVON SCHULTE, as father and natural guardian of T .81., a minor, hereinafter referred to as "first party", for and in consideration of the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS AND NO/CENTS ($12,500,00) or other valuable consideration, received firm or on behalf of the CITY OF BOYNTON BEACH, TRISTAR RISK MANAGEMENT, FLORIDA LEAGUE OF CITIES, and FLORIDA MUNICIPAL INSURANCE TRUST, hereinafter referred to as "second parties", the receipt whereof is hereby aeknowledged. HEREBY irrevocably remises, releases, acquits, satisfies, and forever discharges the said second parties, their agents, servants, employees, and insurers, of and from all, and all manner of action and actions, cause or causes of action, suits, attorneys' fees and costs, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said fi rst party ever had, now has, or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against said second parties, for, upon or by reason of any matter, cause or thing whatsoever, arising from that accident which Plaintiffs allege occurred on or about June 6, 2022, at, on, or near West Gateway Boulevard, Boynton Beach, Palm Beach County, Florida, and to any cause of action raised in, or that could have been raised in, or arising out of the filing and prosecution of the litigation described as Devon Schulte, Staci Schulte and Devon Schulte, as Father and Natural Guardian of T.S., a minor v. City of Boynton Beach, Case No. 50-2023-CA- 003474-XXXX-MB . I represent that all medical bills, hospital bills, disability and wage losses, including any subrogation rights or liens for the payment of same by any third party, including any Medicare, Medicaid, hospital, or workers' compensation liens, as well as any claim for reimbursement or subrogation, which arose out of the subject incident sued upon in the aforementioned litigation have been paid in full or will be settled with the proceeds of this settlement. I SPECIFICALLY UNDERTAKE AND AGREE TO INDEMNIFY the second parties for any claims, demands, subrogation rights or liens that may be asserted against the second parties for the above mentioned expenses or losses of the first party. It is understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim and the payment is not to be construed as an admission of liability on the part of the second parties, by whom liability is expressly denied. I have carefully read the Release of Claim and understand its terms, operation, and effect. IN WITNESS WHEREOF, I have hereunto set my hand and seal this , 2024. day 144 Relense orClohn and Indemnification Agreement Page 2 Signed, sealed ri nd deliveved in the twcsettee MVO -K7RULTIi, as father and WITNESS natural guaMian of T,S., a minor STATE OF f7 PriA )SS COUNTY OF 4etril eit'q The foregoing instrument was acknowledged before me by means of physical presence or D online notarization, this 4/ day of , 2024, by (2-`-)6c) dikwho is personally known to me, or who has produced FL- as identification. .cslPtiaz STEVENS MILORD ,,. Commission # HH 133331 Expires September 0,2025 •"4. Sodded ituu Budget NOtary EMYSON or t•• (NOTARY SEAL) My commission expires: This Instrument Prepared By; CHRISTOPHER J. STEARNS, ESQ, Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P,A. 2455 East Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 Telephone: (954) 463-0100 P1a. Bar No, 557870 Notary Public, State of Florida at Large Printed Name: , 24 Cl/ 145 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2023-CA-003474-XXXX-MB DEVON SCHULTE, STACI SCHULTE and DEVON SCHULTE, as father and natural guardian of T.S., a minor, Plaintiffs, v. CITY OF BOYNTON BEACH, Defendant. Memorandum of Settlement 1. On Tuesday, April 2, 2024, the parties agreed to settle this matter. 2. The undersigned have agreed to settle all claims upon the following terms: (a) On behalf of the City of Boynton Beach, the Florida Municipal Insurance Trust will pay DEVON SCHULTE the sum of Twelve Thousand and Five Hundred Dollars ($12,500.00); (b) DEVON SCHULTE will execute the attached General Release and Indemnification Agreement in favor of the City of Boynton Beach, Tristar Risk Management, the Florida Municipal Insurance Trust, and the Florida League of Cities; (c) On behalf of the City of Boynton Beach, the Florida Municipal Insurance Trust will pay DEVON SCHULTE, as father and natural guardian of T.S., a minor, the sum of Twelve Thousand and Five Hundred Dollars ($12,500.00); (d) DEVON SCHULTE, as father and natural guardian of T.S., a minor, will execute the attached General Release and Indemnification Page 1 of 4 146 Agreement in favor of the City of Boynton Beach, Tristar Risk Management, the Florida Municipal Insurance Trust, and the Florida League of Cities; (e) On behalf of the City of Boynton Beach, the Florida Municipal Insurance Trust will pay STACI SCHULTE the sum of One Hundred and Seventy Five Thousand and no/100 Dollars ($175,000.00); (f) STACI SCHULTE will execute the attached General Release and Indemnification Agreement in favor of the City of Boynton Beach, Tristar Risk Management, the Florida Municipal Insurance Trust, and the Florida League of Cities; (g) Upon the exchange of the settlement proceeds for the wet-ink original General Releases referenced above, the parties will file a stipulation of dismissal with prejudice in accordance with Fla. R. Civ. P. 1.420(a)(1)(B); and (h) The parties will obtain a final order of dismissal with prejudice from the Court. 3. The parties agree and acknowledge that the foregoing terms of settlement are contingent upon the approval of the City Commission of the City of Boynton Beach. Dated 19th day of March 2024. 7 ,t Patrick W. Lawlor, Esq. Attorney for Plaintiff Christopher J. S earns, Esq. Attorney for B nton. Beach Page 2 of 4 147 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof has been served and filed through the Florida Court E-Filing Portal this day of January 2024 to: Robert A. Samartin, Esq., The Law Offices of Berman & Berman, P.A., 800 N. Belcher Rd., Clearwater, FL 33765, service(&,thebermanlawgroup.com and Lyman H. Reynolds, Jr., Esq., Roberts, Reynolds, Bedard 86 Tuzzio, PLLC, 470 Columbia Dr., Bldg. C101, West Palm Beach, FL 33409, service LHR@yrbpa.com Primary Service email: Secondary Service emails: s/ Christopher J. Stearns CHRISTOPHER J. STEARNS FLA. BAR NO. 557870 Attorney for Boynton Beach JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. 2455 E. Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 954-463-0100-Tel./954-463-2444-Fax stearnsAambg.com young@jambg.corn & nunezajambg.corn Page 3 of 4 148 RELEASE OF CLAIM AND INDEMNIFICATION AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That DEVON SCHULTE hereinafter referred to as "first party", for and in consideration of the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS AND NO/CENTS ($12,500.00) or other valuable consideration, received from or on behalf of the CITY OF BOYNTON BEACH, TRISTAR RISK MANAGEMENT, FLORIDA LEAGUE OF CITIES, and FLORIDA MUNICIPAL INSURANCE TRUST, hereinafter referred to as "second parties", the receipt whereof is hereby acknowledged. HEREBY irrevocably remises, releases, acquits, satisfies, and forever discharges the said second parties, their agents, servants, employees, and insurers, of and from all, and all manner of action and actions, cause or causes of action, suits, attorneys' fees and costs, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said first party ever had, now has, or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against said second parties, for, upon or by reason of any matter, cause or thing whatsoever, arising from that accident which Plaintiffs allege occurred on or about June 6, 2022, at, on, or near West Gateway Boulevard, Boynton Beach, Palm Beach County, Florida, and to any cause of action raised in, or that could have been raised in, or arising out of the filing and prosecution of the litigation described as Devon Schulte, Staci Schulte and Devon Schulte, as Father and Natural Guardian of T.S., a minor v. City of Boynton Beach, Case No. 50-2023-CA- 003474-XXXX-MB. I represent that all medical bills, hospital bills, disability and wage losses, including any subrogation rights or liens for the payment of same by any third party, including any Medicare, Medicaid, hospital, or workers’ compensation liens, as well as any claim for reimbursement or subrogation, which arose out of the subject incident sued upon in the aforementioned litigation have been paid in full or will be settled with the proceeds of this settlement. I SPECIFICALLY UNDERTAKE AND AGREE TO INDEMNIFY the second parties for any claims, demands, subrogation rights or liens that may be asserted against the second parties for the above mentioned expenses or losses of the first party. It is understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim and the payment is not to be construed as an admission of liability on the part of the second parties, by whom liability is expressly denied. I have carefully read the Release of Claim and understand its terms, operation, and effect. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 2024. 149 Release of Claim and Indemnification Agreement Page 2 Signed, sealed and delivered in the presence of: ____________________________ ______________________________ DEVON SCHULTE WITNESS STATE OF _________________ ) )SS COUNTY OF ________________ ) The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this ___ day of ________________, 2024, by _______________________, who is personally known to me, or who has produced _______________________ as identification. _________________________________ Notary Public, State of Florida at Large Printed Name:______________________ (NOTARY SEAL) My commission expires: This Instrument Prepared By: CHRISTOPHER J. STEARNS, ESQ. Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 East Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 Telephone: (954) 463-0100 Fla. Bar No. 557870 150 RELEASE OF CLAIM AND INDEMNIFICATION AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That DEVON SCHULTE, as father and natural guardian of T.S., a minor, hereinafter referred to as "first party", for and in consideration of the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS AND NO/CENTS ($12,500.00) or other valuable consideration, received from or on behalf of the CITY OF BOYNTON BEACH, TRISTAR RISK MANAGEMENT, FLORIDA LEAGUE OF CITIES, and FLORIDA MUNICIPAL INSURANCE TRUST, hereinafter referred to as "second parties", the receipt whereof is hereby acknowledged. HEREBY irrevocably remises, releases, acquits, satisfies, and forever discharges the said second parties, their agents, servants, employees, and insurers, of and from all, and all manner of action and actions, cause or causes of action, suits, attorneys' fees and costs, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said first party ever had, now has, or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against said second parties, for, upon or by reason of any matter, cause or thing whatsoever, arising from that accident which Plaintiffs allege occurred on or about June 6, 2022, at, on, or near West Gateway Boulevard, Boynton Beach, Palm Beach County, Florida, and to any cause of action raised in, or that could have been raised in, or arising out of the filing and prosecution of the litigation described as Devon Schulte, Staci Schulte and Devon Schulte, as Father and Natural Guardian of T.S., a minor v. City of Boynton Beach, Case No. 50-2023-CA- 003474-XXXX-MB. I represent that all medical bills, hospital bills, disability and wage losses, including any subrogation rights or liens for the payment of same by any third party, including any Medicare, Medicaid, hospital, or workers’ compensation liens, as well as any claim for reimbursement or subrogation, which arose out of the subject incident sued upon in the aforementioned litigation have been paid in full or will be settled with the proceeds of this settlement. I SPECIFICALLY UNDERTAKE AND AGREE TO INDEMNIFY the second parties for any claims, demands, subrogation rights or liens that may be asserted against the second parties for the above mentioned expenses or losses of the first party. It is understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim and the payment is not to be construed as an admission of liability on the part of the second parties, by whom liability is expressly denied. I have carefully read the Release of Claim and understand its terms, operation, and effect. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 2024. 151 Release of Claim and Indemnification Agreement Page 2 Signed, sealed and delivered in the presence of: ____________________________ ______________________________ DEVON SCHULTE, as father and WITNESS natural guardian of T.S., a minor STATE OF _________________ ) )SS COUNTY OF ________________ ) The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this ___ day of ________________, 2024, by _______________________, who is personally known to me, or who has produced _______________________ as identification. _________________________________ Notary Public, State of Florida at Large Printed Name:______________________ (NOTARY SEAL) My commission expires: This Instrument Prepared By: CHRISTOPHER J. STEARNS, ESQ. Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 East Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 Telephone: (954) 463-0100 Fla. Bar No. 557870 152 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 04/16/2024 Meeting Date: 04/16/2024 Proposed Resolution No. R24-083- Approving a Partial Release of Mortgage for 104 East Gateway Boulevard, Boynton Beach, Florida 33435. Requested Action: Staff recommends approval of Proposed Resolution No. R24-083. Explanation of Request: The Florida Department of Transportation has done a partial taking of the property located at 104 East Gateway Boulevard, Boynton Beach, Florida 33435, by eminent domain. This partial release of mortgage releases the portion of the property taken by the Florida Department of Transportation. The taking does not affect the improvements or access, and the City's mortgage will remain valid and enforceable against the owner and the remainder of the property. How will this affect city programs or services? N/A Fiscal Impact: None. Attachments: R24-083 Agenda_Item_1449-2023_Resolution_for_Partial_Release_of_Mortgage.docx Exhibit A to Resolution PARTIAL RELEASE OF MORTGAGE.docx Exhibit A - Legal Description.pdf Second Mortgage and Security Agmt - City.pdf 153 RESOLUTION NO. R24-0831 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A PARTIAL RELEASE OF MORTGAGE FOR 4 104 EAST GATEWAY BOULEVARD, BOYNTON BEACH, FLORIDA 33435; 5 AND PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS,the Florida Department of Transportation has done a partial taking of the 8 property located at 104 East Gateway Boulevard, Boynton Beach, Florida 33435 by Eminent 9 Domain. 10 11 WHEREAS, this Partial Release of Mortgage releases the portion of the property taken 12 by the Florida Department of Transportation. The City's mortgage remains valid and 13 enforceable against the owner and remainder of the property. The taking does not affect the 14 improvements or access; and15 16 WHEREAS, the Commission, upon recommendation of staff, has deemed it to be in the 17 best interests of the citizens and residents of the City to approve a Partial Release of Mortgage 18 for 104 East Gateway Boulevard, Boynton Beach, Florida 33435.19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA, THAT:22 23 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption.25 26 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 27 approve a Partial Release of Mortgage for 104 East Gateway Boulevard, Boynton Beach, Florida 28 33435, in form and substance similar to “Exhibit A,”and any other documents necessary to 29 effectuate the transaction, subject to approval by the City Attorney’s Office, and authorizes the 30 City Manager to execute the Partial Release of Mortgage. 31 32 SECTION 3.Upon execution of the Partial Release of Mortgage by the City, the City 33 Clerk shall record the Partial Release of Mortgage in the Public Records of Palm Beach County. 34 35 SECTION 4.This Resolution shall take effect in accordance with law.36 37 38 [signatures on following page]39 40 41 154 PASSED AND ADOPTED this 16th day of April 2024.42 CITY OF BOYNTON BEACH, FLORIDA43 YES NO44 45 Mayor – Ty Penserga __________46 47 Vice Mayor – Aimee Kelley __________48 49 Commissioner – Angela Cruz __________50 51 Commissioner – Woodrow L. Hay __________52 53 Commissioner – Thomas Turkin __________54 55 VOTE ______56 ATTEST:57 58 ___________________________________________________________59 Maylee De Jesús, MPA, MMC Ty Penserga60 City Clerk Mayor61 62 APPROVED AS TO FORM:63 (Corporate Seal)64 65 _______________________________66 Shawna G. Lamb67 City Attorney68 155 Prepared by: Mead Law and Title, PLLC 24 Walter Martin Road Ft Walton Beach, Fl 32548 PARTIAL RELEASE OF MORTGAGE STATE OF FLORIDA COUNTY OF PALM BEACH For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the undersigned, owner of a Mortgage and the indebtedness secured thereby made by Annanias Asse and Huguette Asse, husband and wife,to The City of Boynton Beach, a Florida Municipal Corporation, whose post office address is 100 East Ocean Avenue, Boynton Beach, Florida, 33435, in the original principal sum of $70,700.00, recorded 03/20/2007, in Official Records Book 21532 at Page 1550, of Public Records of Plam Beach, County, Florida, and does hereby release said mortgage only insofar as same pertains to the following described property: SEE ATTACHED EXHIIT A It is expressly understood and agreed that this release shall in no way affect the lien of the above mortgage as to the remainder of the property described therein and not heretofore released from its lien. The City of Boynton Beach, a Florida Municipal Corporation By:_____________________________ Its:_____________________________ STATE OF FLORIDA COUNTY OF __________________ The foregoing instrument was acknowledged before me by means of ___ physical presence or ____ online notarization, this _____ day of _____________, 2024, by _______________ as ___________of The City of Boynton Beach, a Florida, who is personally known to me. _______________________________ Notary Public My Commission Expires: (SEAL) 156 Item/Segment No. 2319321 Fee Simple Right of Way Section 93220-2562 01-28-20 Parcel No. 123 State Road 9 (I-95) Palm Beach County Description A portion of Lot 1 7, Block 34, AMENDED PLAT OF BOYNTON BEACH, according to the p lat thereof , as recorded in Plat Book 24, Page 28, of the Public Records of Palm Beach County, Florida, lying in Section 16, Township 45 South, Range 43 East, as shown on Sheet 7 of the Florida Department of Transportation Right of Way Map for State Road 9 (Interstate 95), Item/Segment No. 2319321, Section 93220-2562, being more particularly described as follows: Commence at the Southeast Corner of said Lot 17 , also being a point on the Westerly Existing Right of Way line of NE 1 st Way ; thence North 01°31’25” West along said Westerly Existing Right of Way line , a distance of 50.31 feet; thence South 86°20’56” West, a distance of 3.03 feet; thence North 03°39’04” West, a distance of 12.00 feet to the beginning of a non-tangent curve concave Southwesterly, having a chord bearing of North 70°00’07” West; thence Northwesterly along said curve, having a radius of 20.00 feet, through a central angle of 38°45’26”, an arc distance of 13.53 feet to the end of said curve; thence North 89°22’50” West, a distance of 89.24 feet to a point on the West line of said Lot 17; thence North 01°31’25” West along said West line, a distance of 21.02 feet to the Northwest Corner of said Lot 17 and the Southerly Existing Right of Way line of Gateway Boulevard; thence South 86°52’08” East along said Southerly Existing Right of Way line, a distance of 82.30 feet to the beginning of a curve concave Southwesterly, having a chord bearing of South 44°11’46” East; thence Southeasterly along said curve, having a radius of 25.00 feet, through a central angle of 85°20’43”, an arc distance of 37.24 feet to the end of said curve and a point on the aforesaid Westerly Existing Right of Way line of NE 1 st Way; thence South 01°31’25” East along said Westerly Existing Right of Way line , a distance of 9.50 feet the POINT OF BEGINNING. Containing 1 ,925 square feet, more or less. Legal Description 157 NOT A CER T I F IED COPY 158 NOT A CER T I F IED COPY 159 NOT A CER T I F IED COPY 160 NOT A CER T I F IED COPY 161 NOT A CER T I F IED COPY 162 NOT A CER T I F IED COPY 163 NOT A CER T I F IED COPY 164 NOT A CER T I F IED COPY 165 NOT A CER T I F IED COPY 166 NOT A CER T I F IED COPY 167 NOT A CER T I F IED COPY 168 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 04/16/2024 Meeting Date: 04/16/2024 Approve renewal report for one-year extension for RFPs/RFQs/Bids and/or Piggyback for the procurement services and/or commodities under $100,000 as described in the written report for April 16, 2024 - " Request for Extensions and/or Piggybacks." Requested Action: No action is required. Staff is complying with written reporting requirements. Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission, requests for approval to enter into contracts and agreements as the result of formal solicitations, and to piggy-back governmental contracts. Options to extend or renew are noted in the “Agenda Request Item” presented to the Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT A-1 Air Solutions, LLC HVAC Maintenance City of Boynton Beach Contract # 012-2511-20/EM May 5, 2024 - May 4, 2025 Annual Estimated Expenditure $50,000.00 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Attachments: $100K under REQUEST FOR BID EXTENSIONS REPORT April 16 2024.docx 169 Renewal Interest Letter - A-1 Air Solutions LLC 2024-2025 Signed.pdf A-1 Air Solutions LLC - Resolution R20-011 & Executed Contract 170 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS UNDER $100,000 APRIL 16, 2024 REQUESTING DEPARTMENT: FACILITIES MANAGEMENT SUPERVISOR DEPARTMENT CONTACT: HOWARD KERR TERM: May 5, 2024 thru May 4, 2025 SOURCE FOR PURCHASE: City of Boynton Beach Bid No 012-2511-20/EM HVAC Maintenance & Mechanical Services ACCOUNT NUMBER: 401-2811-536.49-17; 401-2821-536.49-17 VENDOR(S): A-1 Air Solutions, LLC ANNUAL ESTIMATED EXPENDITURE: $50,000 DESCRIPTION: On May 5, 2020, City Commission approved and authorized the City Manager to sign a three-year Agreement with A-1 Air Solutions of Okeechobee, FL for Bid No. 012-2511-20/EM HVAC Maintenance and Mechanical Services. The Agreement was for an initial term of three (3) years with three (3) one-year renewal options with the same prices, terms, and conditions. The vendor has agreed to renew the Agreement for the 2nd one-year renewal option from May 5, 2024, to May 4, 2025. 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases over $100,000 04/16/2024 Meeting Date: 04/16/2024 Proposed Resolution No. R24-084- Approving a change order to purchase order #240517 with Governmentjobs.com, Inc., increasing the total purchase order to an amount not to exceed $172,000, for a human resources software subscription. Requested Action: Staff recommends approval of Proposed Resolution No. R24-084. Explanation of Request: The Commission approved resolution R12-051 on June 12, 2012, between the City and GovernmentJobs.com, Inc., d/b/a NEOGOV for Insight and Online Hiring Center (OHC), a Recruitment Software and Applicant Tracking Software. The Human Resources Department has expanded the use of NEOGOV over the past several years to include the following modules: Learn - Centralized training portal for employees to complete online training courses. eForms - Employees complete forms relating to their Health Savings Account (HSA), Direct Deposit, W4, or Employee Activity Reports. Insight - Applicant tracking solution, designed exclusively for the public sector. Attract - Candidate Relationship Manager (CRM), helping to build stronger connections and recruit top talent from a broader candidate pool for the public sector. GovernmentJobs.com Subscription - Posts all City jobs on GovernmentJobs.com website. Policy Management - Create, track, revise, and publish City employee policies. Onboard - Introduces new employees to City policies and procedures. Perform - Evaluates and develops current employees. Candidate Text Messaging - Allows HR to send applicants updates via text message. Core HR - The HRIS platform consolidates all employee data and processes, automates error-prone tasks, and meets the unique public sector compliance needs. Human Resources is requesting an increase to the annual expenditure not to exceed $172,000 to provide the necessary funds to process pending invoices and sufficient funds to cover expenses in the future. How will this affect city programs or services? NEOGOV's HR Suite empowers public sector HR to streamline processes in a centralized platform. Fiscal Impact: Funds are budgeted for this increase in the Human Resources budget. Attachments: 189 R24-084 Agenda_Item_1378- 2023_Resolution_for_NeoGov_Purchase_Order_increase_1_.docx Exhibit A to Resolution - Neogov Order Form - CoreHR.pdf SOW Full Manage Suite_ City of Boynton Beach, FL.pdf Purchase Order #240517.pdf R12-051.pdf 190 RESOLUTION NO. R24-0841 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A CHANGE ORDER TO PURCHASE 4 ORDER #240517 WITH GOVERNMENTJOBS.COM, INC., INCREASING 5 THE TOTAL PURCHASE ORDER TO AN AMOUNT NOT TO EXCEED6 $172,000 FOR HUMAN RESOURCE’S SOFTWARE SUBSCRIPTION; 7 PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 8 9 WHEREAS, on June 19, 2012, the City Commission approved Resolution No. R12-051 10 approving the Service Agreement between the City and GovernmentJobs.com, Inc., d/b/a 11 NeoGov, for applicant tracking software; and 12 WHEREAS, the Human Resources department desires to subscribe to the Core HR 13 subscription software for a 12-month period and increase the fee by an amount not to 14 exceed $49,796.07; and15 WHEREAS,the City Commission of the City of Boynton Beach, upon 16 recommendation of staff, deems it to be in the best interest of the citizens and residents to 17 approve a Change Order to Purchase Order #240517 with GovernmentJobs.com, Inc., 18 increasing the total Purchase Order to an amount not to exceed $172,000 for Human 19 Resource’s software subscription, and authorize the City Manager to execute the Order Form. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA, THAT:22 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption.24 SECTION 2.The City Commission of the City of Boynton Beach, Florida, hereby 25 approves a Change Order to Purchase Order #240517 with GovernmentJobs.com, Inc., 26 increasing the total Purchase Order to an amount not to exceed $172,000 for Human 27 Resource’s software subscription.28 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 29 approves the Order Form with GovernmentJobs.com, Inc., in form and substance similar to that 30 attached as “Exhibit A,”and authorizes the City Manager to execute the Order Form.31 32 33 191 SECTION 4.The fully-executed Order Form shall be retained by the City Clerk as a 34 public record of the City. A copy of the fully executed document shall be provided to Belkis 35 Abaroa to provide to GovernmentJobs.com, Inc.36 SECTION 5.This Resolution shall take effect as provided by law. 37 PASSED AND ADOPTED this 16th day of April 2024.38 CITY OF BOYNTON BEACH, FLORIDA39 40 YES NO41 42 Mayor – Ty Penserga __________43 44 Vice Mayor – Aimee Kelley __________45 46 Commissioner – Angela Cruz __________47 48 Commissioner – Woodrow L. Hay __________49 50 Commissioner – Thomas Turkin __________51 52 VOTE ______53 54 55 ATTEST:56 57 ___________________________________________________________58 Maylee De Jesús, MPA, MMC Ty Penserga59 City Clerk Mayor60 61 APPROVED AS TO FORM:62 (Corporate Seal)63 _______________________________64 Shawna G. Lamb65 City Attorney66 67 192 Exhibit A Order Form NEOGOV Customer: Governmentjobs.com, Inc. (dba "NEOGOV") 2120 Park Pl, Suite 100 El Segundo, CA 90245 United States billing@neogov.com Sales Rep: Mitch Boland Boynton Beach, City of (FL) PO Box 310 Boynton Beach, FL 33425-0310 USA Quote Valid From: 2/12/2024 Quote Number: Q-14662 Quote Valid To: 3/31/2024 PaymentTerms: Annual,Net 30 Subscription Term in Months: 12 Employee Count: 859 Order Summary Year 1 Service Description Type Start Date End Date Term Price (USD) Core HR Subscription RECURRING 5/1/2024 4/30/2025 $22,024.00 Core HR Setup ONE-TIME $27,772.07 Year 1 TOTAL:$49,796.07 ORDER TOTAL (USD) : $49,796.07 193 A. Terms and Conditions 1.Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement. 2.Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the “Effective Date”). Unless otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the Effective Date. This Ordering Document may not be modified or amended except through a written instrument signed by the parties. 3.Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement. 4.Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications. B. Special Conditions (if any). 1.Initial Term Subscription and Setup Fees shall be invoiced upon signature and due net 30. Following subscription fees will be due on the anniversary of the 5/1/2024 effective date. "Boynton Beach, City of (FL)" NEOGOV Signature: Customer_DS1 Signature: Signer_DS2 Print Name: CustomerName_DS1 Print Name: SignerName_DS2 Date: CustomerDate_DS1 Date: SignerDate_DS2 194 Statement of Work: City of Boynton Beach,FL -CoreHR,Benefits, Time/Attendance,Payroll Implementation Overview To achieve project success and to ensure both effective and timely implementation of your system, NEOGOV utilizes a dedicated professional services team and a tested and proven implementation approach.This approach is designed to provide the most efficient and effective implementation while producing maximum user adoption and ongoing project success. As part of the implementation process,NEOGOV utilizes a pod implementation approach that effectively manages and streamlines the implementation.For all implementations,NEOGOV is proud to offer implementation experts who will be specifically tasked with working on your project for the duration of your system implementation experience. NEOGOV requires recurring status check-ins throughout the implementation to review the progress of completed deliverables,upcoming deliverables,and any functionality questions.To keep the project on schedule,attendance is required for these status check-ins. Customer Staffing Requirements To ensure your implementation project is successful,you need the right people from your organization on your Implementation Team.These persons must be available throughout the entire implementation process.Depending on the modules you have purchased,we recommend the following areas of expertise be included in your team:Human Resources,Payroll,and Finance.Optionally,you may wish to include someone from your Information Technology team to provide support with data collection or for any technical items that were identified in the sales process. Prior to kick-off of your implementation,you are responsible for organizing your Implementation team NEOGOV. 300 Continental Blvd,Suite 565,El Segundo,CA 90245 Program Documentation 195 consisting of the following:a Project Sponsor,a Project Champion,subject matter experts for each module you have purchased,and/or designated administrator(s),who will work with agency staff and NEOGOV during the project.If necessary these roles can overlap,with the exception of the Project Sponsor and the Project Champion. Roles &Responsibilities Your Project Sponsor will be responsible for the overall success of the project.This person must have the ability to make and enforce any decisions or changes to your business processes as a result of implementing your NEOGOV HRIS software system.They will also need to have the ability to direct work for every member of the project team should conflicts arise. Your Project Champion will need to facilitate internal communication about the project,manage the day-to-day schedules and deliverables of the Core Implementation Team,and be familiar with project plans,working with a timeline,and interacting with an external vendor. Your Project Team will be responsible for reviewing,revising,testing,and validating your NEOGOV HRIS software throughout your Implementation.As such they must be subject matter experts (SME’s) in the modules you have purchased and have the bandwidth to attend meetings and perform the tasks given by the implementation consultant within the deadline provided.This includes (but not limited to) full System Administrator,Data Administrator,Finance,etc..Your system administrator must be technically savvy and have familiarity with your organization's current business process.For an organization of less than 100 FTE,NEOGOV recommends at least one project administrator.For an organization of >100 FTE,NEOGOV recommends at least two primary system administrators.The system administrators are typically person(s)who are in charge of running HRIS activities at your institutions. NEOGOV requires recurring weekly status check-ins throughout the implementation to review the progress of completed deliverables,upcoming deliverables,and any functionality questions.The System Administrator(s)must attend all status check-ins and training meetings.All meetings will be recorded to aid in your training and for record keeping purposes. Pre-Implementation Review and document your processes and organizational structures to see if there are any areas that need to be updated.This information will be communicated to NEOGOV during the discovery phase. Consider process changes you may want to implement,upcoming union contract changes,or other similar changes that may affect the scope of your implementation.Ensure that your internal resources are in place and are available for the duration of the implementation.Internal resources selected should be subject matter experts in the fields they will be providing information on. Page 2 ©NEOGOV,Inc. 300 Continental Blvd,Suite 565 El Segundo,CA 90245 196 Implementation Scope The implementation process will begin with our Discovery &Data phase.This phase is critical to the success of your project.This process will involve completing both a Data Workbook and a Discovery Workbook.The Data Workbook will be used to build your environment with your Employee &Employer specific data.The Discovery Document will capture the information needed to configure the specifics for your system.You will want all subject matter experts from your organization to take part in this phase and provide clear details on your business processes. During the CoreHR implementation,you will work with your assigned Implementation Consultant to configure the organization structure,user roles,approval processes,salary administration (grades/scales/steps),and reporting needs.You'll use Smart Sheets as your guide to track the progress of your implementation as well as understand what steps need to be taken to complete the work required for going live.Upon successful completion of configuration,you will test your build against your current business process and once that is successful your data will be moved to a production environment,where you will use NEOGOV as your primary system of record for CoreHR. During the Benefits implementation,you will work with your assigned Implementation Consultant to configure the benefit plans,open enrollment experience,user roles,approval processes,and reporting needs.You'll use Smart Sheets as your step-by-step guide to track your progress and help you stay on track.Upon successful completion of configuration,you will test your build against your current business process and once that is successful be moved into a parallel entry period. During the Time and Attendance implementation,you will work with your assigned Implementation Consultant to configure the leave plans,work rules,time rules,holiday schedules,user roles,approval processes,and reporting needs.You'll use Smart Sheets as your step-by-step guide to track your progress and help you stay on track.Upon successful completion of configuration,you will test your build against your current business process and once that is successful be moved into a parallel entry period. During the Payroll implementation,you will work with your assigned Implementation Consultant to configure the pay calendars,general ledger,premiums,payrules,user roles, approval processes,and reporting needs.You’ll complete three parallels to ensure data integrity and accuracy.Finalization of the step will require data from your other modules in NEOGOV HRIS to be available.You'll use Smart Sheets as your step-by-step guide to track Page 3 ©NEOGOV,Inc. 300 Continental Blvd,Suite 565 El Segundo,CA 90245 197 your progress and help you stay on track.Upon successful completion of configuration,you will test your build against your current business process and once that is successful be moved into a parallel entry period. Estimated Timeline per Module IMPORTANT NOTE:The Estimated Timeline is not “customer-specific”and is only intended to provide a generalized overview.A customer-specific timeline will be generated with the write up of your Formal Scope. As part of your implementation Data Imports &Exports may be required to support the movement of select data between NEOGOV and other systems.During the Discovery phase we will identify your Import &Export needs and begin to gather requirements from your vendor partners and/or internal systems.It is important to have early conversations with your vendors to confirm they will support your needed data import and/or export. Imports &Exports are implemented behind the scenes between NEOGOV Connect Team & your respective vendors. Your implementation will include the following Imports/Exports: ●Employee Data Import (1) ●Benefit Coverage Import (1) ●834 Benefits Export (3) ●Time/Attendance History Import (1) ●Payroll/YTD History Import (1) Note:Implementation of Exports to non-NEOGOV systems may be subject to additional costs (dependent on spec requirements). Page 4 ©NEOGOV,Inc. 300 Continental Blvd,Suite 565 El Segundo,CA 90245 198 Implementation Overview by Phase Timelines associated to the below implementation phases do not account for customer specific requirements or complexities.These are estimates based on general set up requirements as well as complete and accurate information. Phase I:Discovery,Data &Scope (2 -4 weeks for all modules) Phase I will consist of the following items: ●Discovery ○During this process,we will introduce you to our Discovery workbook.You will work with your project manager to fill out this document.The data from this document will be used to configure your Training environment,additionally,it will serve as the foundation from which your configuration will be built.Discovery will be completed for ALL purchased products at the same time. Important Note:NEOGOV’s standard process is to import only the current year’s data plus maximum 1y for ACA &Tax purposes.History in excess of the NEOGOV standard must be maintained by the customer. ●Data ○During this process,we will introduce the Data Workbook to you.You will work with your project manager to fill out this workbook.The data from this workbook will be loaded into your Training environment. ○If you currently have any NEOGOV TMS (Talent Management Suite)modules,we will require you to audit the data in your TMS system(s).Any updates,such as changes to data in the TMS system (Class Spec,Divisions,etc),will need to be aligned between HRIS and TMS systems.If you have already implemented any TMS products we will provide you with an export of your TMS data to aid you in this alignment review. ●Formal Scope ○Information gathered through Discovery and Data will be used to define the Formal Scope of your project.Your formal scope takes into account your specific requirements for all purchased modules and combines it with NEOGOV’s standard implementation scope.The result is a custom implementation plan centered around your specific set up needs for each purchased module and those that are standard to making the system operational. Page 5 ©NEOGOV,Inc. 300 Continental Blvd,Suite 565 El Segundo,CA 90245 199 ○Information provided through Discovery and Data must be accurate and complete in order to have a successful implementation.While the data from these documents can be adjusted during the Data and Discovery phase,altering the data provided after the Data and Discovery phase is completed may result in an extension to your timeline and may lead to an increased workload for both teams. ○A joint review of the final scope and corresponding timeline will be completed and a request for signoff will be submitted.Signoff of the scope document and timeline will be required in order to be assigned to your implementation team and move into active implementation. Note that changes requested to your set up/requirements after completion of the Scope sign off will require a signed change order before configuration continues.As well, additional cost may be incurred for mid-implementation changes. Data &Discovery Overview Page 6 ©NEOGOV,Inc. 300 Continental Blvd,Suite 565 El Segundo,CA 90245 200 Phase II:Training Environment Configuration (4-6 weeks per module ) ●During this phase of the project,you will meet with your Implementation Team weekly at a minimum.During these meetings,you will answer questions regarding your configuration,make decisions regarding how your software will work,and return any deliverables assigned to you by your implementation consultant. ●CONFIGURATION AND TRAINING -You and your team will meet with your designated Implementation Team tasked with configuring each module. Phase III:Train &Test/Data Validation Training Environment (4-6 weeks per module) ●During the Train &Testing phase your implementation team will begin to train on how to use the system. ●Your implementation team will test and validate your NEOGOV software solution.Any refinements or adjustments to the solution will be identified and reviewed. ●VALIDATION -Once the above steps have been completed you will sign off on your training environment.This step is critical to the success of the project,as your configuration cannot be altered once this phase is complete without contractual changes. ●PARALLEL -Once training and testing are complete and you have validated your data for CoreHR,Benefits and Time and Attendance,we will enter a payroll parallel period. Phase IV:Push to Production and Production Data Validation (2-4 weeks per module) ●By Phase IV we will have completed your system set up,testing,refinements and a test cycle of parallels.It is now time to migrate to your production environment. Page 7 ©NEOGOV,Inc. 300 Continental Blvd,Suite 565 El Segundo,CA 90245 201 ●MIGRATION -During this phase,your Production environment will be created from your Training environment. ●VERIFICATION -You will validate your production environment,to ensure accuracy. Phase V:Sign-Off (1 week per module) ●SIGN OFF -During this phase,you will sign-off on the production environment indicating the system is ready to go live. ●LAUNCH COMPLETE -Post sign-off,the system is considered live,and our software will be the system of record for your organization. ●ROLLOUT:You may now begin to execute on your internal rollout plan. Implementation Workflow Product &Phases Page 8 ©NEOGOV,Inc. 300 Continental Blvd,Suite 565 El Segundo,CA 90245 202 Transition to Customer Success For the first thirty (30)calendar days following go-live,your Implementation Consultant(s)will support your configuration and answer questions about the usage of your NEOGOV HRIS software. After that,your support will transition from the Implementation Team to the Customer Support Team. NEOGOV’s Customer Support Team will continue to support you for as long as your organization uses NEOGOV. We Look Forward To Supporting Your Success! Page 9 ©NEOGOV,Inc. 300 Continental Blvd,Suite 565 El Segundo,CA 90245 203 204 I 1 RESOLUTION NO. R12 -051 2 i 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, q APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 4 GOVERNMENTJOBS.COM, INC., D/B /A NEOGOV 9;FOR APPLICANT TRACKING SOFTWARE; 101 AUTHORIZING THE INTERIM CITY MANAGER TO 11 EXECUTE THE AGREEMENT; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14; 15'WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to enter 17' into a Service Agreement with GovernmentJobs.com, Inc., d /b /a NeoGov for Applicant i 18; Tracking Software. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 211' THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2i 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as I 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 231 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 251 approves the Service Agreement between the City of Boynton Beach and 26 GovernmentJobs.com, Inc., d /b /a NeoGov for Applicant Tracking Software. 27 'Section 3. The Interim City Manager is authorized to execute the Service 281 Agreement, a copy of which Agreement is attached hereto as Exhibit "A." I 291 Section 4. This Resolution shall become effective immediately upon passage. 3011 PASSED AND ADOPTED this 19 day of June, 2012. I tl Document in Windows Internet Explorer 205 1 CITY OF BOYNTON BEACH, FLORIDA 2 3 Air 4 Mayo — odro, . . ice Mayor — Mack ray Com o r — William ti e 11 13 Commissi• er eve olz 5 , 116 ATTEST:o missioner — Marlene Ross 1 1.0 AC:-....ALID Ja -t M. Prainito, MMC y Clerk TY: O e r 2 tO 0 Cr I Document in Windows Internet Explorer I 206 Rio, -OE l Service Agreement THIS ON -LINE SERVICES AGREEMENT (this "Agreement ") is made and entered into this 12— day of Jut 2012, by and between GovernmentJobs.com, Inc., a California corporation (d/b /a NEOGOV "), and the City of Boynton Beach, FL a public entity acting by and through its duly appointed representative ( "Customer "). 1. Provision of On -line Services. a) Customer hereby engages NEOGOV, and NEOGOV hereby agrees (subject to the terms and conditions set forth herein), to provide the services (the "Services ") more fully described in this Agreement and in Exhibit A Order Form). Customer hereby acknowledges and agrees that NEOGOV's provision and performance of the Services is dependent and conditioned upon Customer's full performance of its duties, obligations and responsibilities hereunder. 2. Additional NEOGOV Responsibilities. In connection with the performance of this Agreement, NEOGOV shall be responsible for the following: a) NEOGOV shall provide all required hosting and operations support for the applications provided through this agreement. b) NEOGOV shall follow those support, maintenance and other procedures and shall provide those support, maintenance and other services to Customer more fully described in this Agreement. 3. Customer Responsibilities. In connection with the performance of this Agreement and the provision of the Services, Customer shall be responsible for the following: a) NEOGOV's logos, including the "powered by" logo, may appear on the "employment opportunities ", "job description" and other pages of Customer's web site. b) Customer shall be responsible for ensuring that Customer's use of the Services and the performance of Customer's other obligations hereunder comply with all laws applicable to Customer. c) Customer shall be responsible, as between NEOGOV and Customer, for the accuracy and completeness of all records and databases provided by Customer in connection with this Agreement for use on NEOGOV's system. 4. Ownership, Protection and Security. a) The parties agree that the NEOGOV marks and the Customer marks shall both be displayed on and through NEOGOV's system(s). b) Ownership of any graphics, text, data or other information or content materials and all records and databases supplied or furnished by Customer hereunder for incorporation into or delivery through the application(s) described in this agreement shall remain with Customer, and NEOGOV shall cease use of all such material upon termination of this Agreement. c) Customer acknowledges and agrees that nothing in this Agreement or any other agreement grants Customer any licenses or other rights with respect to NEOGOV's software system (source code or object code) other than the right to receive Services as expressly provided herein. NEOGOV shall retain all ownership in the intellectual property and all other proprietary rights and interests associated with NEOGOV's software system and Services and all components thereof and associated documentation, except as expressly provided herein d) NEOGOV grants to Customer a limited license during the term of this Agreement to use and reproduce NEOGOV Proprietary and Confidential Page 1 of 8 207 NEOGOV's trademarks and logos for purposes of including such trademarks and logos in advertising and publicity materials and links solely as permitted hereunder. All uses of such trademarks and logos shall conform to Customer's standard guidelines and requirements for use of such trademarks and logos. 5. NEOGOV Representations and Warranties. a) Service Performance Warranty NEOGOV warrants that it will perform the Services in a manner consistent with industry standards reasonably applicable to the performance thereof. b) No Other Warranty EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND /OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY SECURE. c) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 6. Publicity. Following execution of this Agreement, the parties hereto may issue a press release, the form and substance of which shall be mutually agreeable to the parties, announcing the relationship created by this Agreement Except as expressly contemplated herein, neither party shall issue any additional press release which mentions the other party or the transactions contemplated by this Agreement without the prior consent of the other party, which consent shall not be unreasonably withheld 7. Nondisclosure. Through exercise of each party's rights under this Agreement, each party may be exposed to the other party's technical, financial, business, marketing, planning, and other information and data, in written, oral, electronic, magnetic, photographic and/or other forms, including but not limited to (i) oral and written communications of one party with the officers and staff of the other party which are marked or identified as confidential or secret or similarly marked or identified and (ii) other communications which a reasonable person would recognize from the surrounding facts and circumstances to be confidential or secret ( "Confidential Information ") and trade secrets In recognition of the other party's need to protect its legitimate business interests, each party hereby covenants and agrees that it shall regard and treat each item of information or data constituting a trade secret or Confidential Information of the other party as strictly confidential and wholly owned by such other party and that it will not, without the express prior written consent of the other party or except as required by law including the Public Records Act of the State of FLORIDA, redistribute, market, publish, disclose or divulge to any other person, firm or entity, or use or modify for use, directly or indirectly in any way for any person or entity: (i) any of the other party's Confidential Information during the term of this Agreement and for a period of three (3) years after the termination of this Agreement or, if later, from the last date Services (including any warranty work) are performed by the disclosing party hereunder; and (it) any of the other party's trade secrets at any time during which such information shall constitute a trade secret under applicable law. NEOGOV Proprietary and Confidential Page 2 of 8 208 8. Liability Limitations. a) If promptly notified in writing of any action brought against Customer based on a claim that NEOGOV's Services infringe a United States patent, copyright or trademark right of a third party (except to the extent such claim or infringement relates to any third party software incorporated into NEOGOV's applications), NEOGOV will defend such action at its expense and will pay any and all fees, costs or damages that may be finally awarded in such action or any settlement resulting from such action (provided that Customer shall permit NEOGOV to control the defense of such action and shall not make any compromise, admission of liability or settlement or take any other action impairing the defense of such claim without NEOGOV's prior written approval). b) Customer acknowledges and agrees (i) that NEOGOV has no proprietary, financial, or other interest in the goods or services that may be described in or offered through Customer's web site; and (ii) that except with respect to any material supplied by NEOGOV, Customer is solely responsible (as between NEOGOV and Customer) for the content, quality, performance, and all other aspects of the goods or services and the information or other content contained in or provided through Customer's web site. c) OTHER THAN THOSE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, NEOGOV DOES NOT MAKE ANY WARRANTIES TO CUSTOMER OR ANY OTHER PERSON OR ENTITY, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. NEOGOV SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY OTHER PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT WHATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE. d) Under no circumstances shall NEOGOV's total liability to Customer or any other person, regardless of the nature of the claim or form of action (whether arising in contract, tort, strict liability or otherwise), exceed the aggregate amount of fees and revenue received by NEOGOV hereunder for the prior twelve (12) month period; provided, however that the foregoing limitations set forth in this Section 8(d) shall not apply to actions brought under 8(a) above or to any injury to persons or damages to property arising out of NEOGOV's gross negligence or willful, gross misconduct. 9. Term and Termination. a) This Agreement shall commence as of the date hereof and remain in effect for twelve (12) months unless terminated by either party as set forth herein ( "Initial Term "). b) This Agreement may be renewed for additional terms ( "Renewal Term ") equal in duration to the Initial Term provided Customer notifies NEOGOV at least thirty (30) days prior to the end of the Initial Term or a Renewal Term c) NEOGOV reserves the right to terminate this Agreement immediately if the Services provided hereunder become illegal or contrary to any applicable law, rule, regulation or public policy. Each party shall have the right to terminate this Agreement upon sixty (60) days prior written notice to the other party. d) Within sixty (60) days of notification of termination of this Agreement, NEOGOV shall provide Customer with a dedicated data files suitable for importation into commercially available database software (e.g., MS- Access or MS -SQL) The dedicated data files will be comprised of Customer's data contained in NEOGOV's system. The structure of the relational database will be specific to the Customer's data and will not be representative of the proprietary NEOGOV database 10. Payments. a) Initial Term. See Exhibit A (Order Form). NEOGOV Proprietary and Confidential Page 3 of 8 209 b) Renewal Term(s). For each Renewal Term, NEOGOV will continue to provide Customer with the Services, and will provide maintenance and support services as described herein, provided Customer issues a purchase order or modification to this Agreement and pays NEOGOV in advance the annual recurring charges then in effect. If there is an increase in annual maintenance and support charges, NEOGOV shall give Customer written notice of such increase at least thirty (30) days prior to the expiration of the applicable term. 11. Force Maieure. NEOGOV shall not be liable for any damages, costs, expenses or other consequences incurred by Customer or by any other person or entity as a result of delay in or inability to deliver any Services due to circumstances or events beyond NEOGOV's reasonable control, including, without limitation: (i) acts of God; (ii) changes in or in the interpretation of any law, rule, regulation or ordinance; (iii) strikes, lockouts or other labor problems; (iv) transportation delays; (v) unavailability of supplies or materials; (vi) fire or explosion; (vii) riot, military action or usurped power; or (viii) actions or failures to act on the part of a governmental authority. 12. Piggyback Clause. It is understood and agreed by Customer and NEOGOV that any governmental entity may purchase the services specified herein in accordance with the prices, terms, and conditions of this agreement. It is also understood and agreed that each local entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the new governmental entity and NEOGOV. It is also hereby mutually understood and agreed that Customer is not a legally bound party to any contractual agreement made between NEOGOV and any entity other than Customer. 13. Miscellaneous. Either party may not assign its rights or obligations under this Agreement without the prior written consent of the other party. This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the party to be bound. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and shall be governed by and construed in accordance with the laws of the State of FLORIDA, without giving effect to conflict of law rules. Customer acknowledges and agrees that this Agreement is not intended to be and shall not be construed to be a franchise or business opportunity. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date set forth above. Customer Signature: VexintName:Lop.VtLA rie e. Title.31re A M C E R GovernmentJobs.com, Inc., a California core tion APPROVE , S M N* J./ ignature:o CITY ATTORNEY Print Name:Scott Letourneau Title:President Date 672-677,9/ NEOGOV Proprietary and Confidential Page 4 of 8 210 Order Form NEOGOV' EXHIBIT A — ORDER FORM Customer:Bill To: Attention To: Juile Oldbury Address: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 AGENCY NAME: City of Boynton Beach, FL Phone: 561) 742 -6277 Email: oldburyj @bbfl.us Quote Date:6/18/2012 Revision: Valid From:6/18/2012 Valid To:6/30/2012 Order Number: Res uested Service Date:TBD Initial Term:12 Months Order Summary 1.0 Insi . ht Enter 'rise Edition Subscription License 10,800.00 1.1 8,500.00 12 Provisioning 2,500.00 Training 2,500.00 1.3 WAIVED S10,800.00 85.0 Sub Total:8 500.00 2 500.00 More detailed descriptions of the services are contained in the order detail for each service, which are incorporated herein and made a part hereof by this reference. 2Promotional pricing is applied to this agreement if it is signed, executed, and returned before June 30 2012 NEOGOV Proprietary and Confidential Page 5 of 8 211 Order Form N EOGOV . M Order Detail 1.0 Insight Enterprise Edition 1.1 License Subscription The Customer's subscription to the Insight Hiring Management Software includes the following functionality Recruitment Customized online job application Accept job applications online Online applications integration with current agency website Online job announcements and descriptions Automatic online job interest cards Proactively search your applicant database Real -time database of all applicant information Recruitment and examination planning Selection Create, store, and reuse supplemental questions in the Insight item bank Screen applicants automatically as they apply Define unique scoring plans per recruitment, or copy existing scoring plans Test Item bank (optional in TMS) Conduct item analysis Test processing (automatically input Scantron test data sheets)* Test analysis and pass -point setting Score, rank, and refer applicants Applicant Tracking Email and hardcopy notifications EEO Data collection and reports Track applicants by step /hurdle Schedule written, oral, and other exams Detailed applicant history record Skills tracking and matching Reporting and Analysis Collect and report on EEO data Analyze and report on adverse impact and applicant flow Track and analyze data such as time -to -hire, recruitment costs, staff workload, applicant quality, etc Over 80 standard system reports Ad Hoc reporting tool HR Automation Create and route job requisitions Refer and certify applicants electronically Scan paper application materials Cost of the scanner is not included unless listed on Exhibit A — ORDER FORM Requires a Scantron or similar Optical Mark Reader (OMR) scanner, special forms, form set -up, and scanner software, which are not included unless listed on Exhibit A ORDER FORM NEOGOV Proprietary and Confidential Page 6 of 8 212 Order Form NEOGOV M Additionally, during the term of the subscription, the Customer will be provided Unlimited Customer Support (6:00 AM — 6:00 PM PT) Customer Support shall be provided to the Customer both on -line and by telephone Monday — Friday, 6:00 AM — 6.00 PM PT (excluding NEOGOV holidays) Product Upgrades to Licensed Software Customer shall receive all product upgrades to purchased package Product upgrades are automatic and available upon the next login following a product upgrade rollout Product upgrade rollouts are generally released every three months. 1.2 Provisioning The following activities are conducted as part of the Insight Enterprise implementation Conduct a project kick off meeting to review the project timeline, deliverables, and establish project expectations NEOGOV will establish an Agency- specific training environment that will be used during training and post - training to allow the Agency to learn the system and begin defining new roles, responsibilities, and activities within the HR staff NEOGOV will conduct eight hours of on line instructor led training. NEOGOV will provide all required user exercises and user guides to the Agency. Once the core user community is comfortable with the system (typically within 10 hours of hands -on use) they will train the remaining HR staff to complete their tasks using Insight Between the training and go -live, NEOGOV will complete the following activities. o Creating an agency - specific training environment which is used by your agency during training and afterwards to train in prior to moving into production o Configure printable job bulletin o Integrate your new production job opportunities, promotional opportunities, and class specifications web pages into your existing agency website o Establish the Agency's Insight Enterprise production environment 1.3 Training NEOGOV will deliver training to Agency recruiters. We will provide all required user exercises and user guides to the Agency. Following the training, your agency will have full access to the training environment. Additionally, your agency has full access to our Customer Support Help Desk during the training to help new users fully utilize Insight Our existing customers find that this unique implementation approach enables their users to become familiar with Insight in a safe environment, promoting system use and leading to a more successful rollout. NEOGOV Proprietary and Confidential Page 7 of 8 213 Order Form NEOGOV' Order Form Terms and Conditions: 1) The Customer hereby orders and GovernmentJobs com, Inc. (d /b /a NEOGOV hereafter NEOGOV ") agrees to provide the services described in this Order Form. THE SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THIS ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE CUSTOMER. 2) The Customer agrees that the payment schedule is as follows: Provide all required software and Licenses One hundred percent (100 %) of the annual license price is payable within thirty (30) days of execution of this Order Form and Service Agreement. ($8,500.00) Software Provisioning for first half of Insight Enterprise One hundred percent (100 %) of the non - recurring costs are to be paid to NEOGOV within thirty (30) days of the execution of this Order Form and Service Agreement. 2,500.00) Completion of Training One hundred percent (100 %) of the training price is payable within thirty (30) days of completion of training. (WAIVED) 3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been signed by authorized representatives of both parties. 4) Changes or alterations to this Order Form will not be accepted. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT BETWEEN THE CUSTOMER AND NEOGOV DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS ENTIRETY YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS Customer NEOGOV Signature.wG'" L- -_-`. Signature: Print Name' Lori LaVerriere Print Name'cott Letourneau Title:Interim City Manager Title:President Date'Date NEOGOV Proprietary and Confidential Page 8 of 8 214 The City of Boynton Beach Procurement Services r„,100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 r;Telephone No: (561) 742 -6310 FAX: (561) 742 -6316 July 17, 2012 GovernmentJobs.com, Inc. d /b /a NEOGOV 222 N. Sepulveda Blvd., Suite 200 El Segundo, CA 90245 ATTN: Mr Scott Letourneau, President RE: AGREEMENT BETWEEN NEOGOV AND THE CITY OF BOYNTON BEACH Dear Ms Letourneau Enclosed is the fully executed Service Agreement for Applicant Tracking Software between the City of Boynton Beach and GovernmentJobs com, Inc d /b /a NEOGOV for your files. If you have any questions, please do not hesitate to contact me at 742 -6310. Sincerely, j)":" (J" 4 Tim W. Howard Deputy Director of Financial Services encl: Original Signed Agreement, Resolution No. R12 -051 c: Julie Oldbury, Director of Human Resources w /encl. Central File File AMERICA'S GATEWAY TO THE G ULFSTREAM 215 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases over $100,000 04/16/2024 Meeting Date: 04/16/2024 Proposed Resolution No. R24-085- Approve and Authorize the City Manager to execute a First Amendment and Consent to Assignment of Town Square / City Facilities Maintenance Services Agreement in order to remove HVAC maintenance and Electrical Systems Maintenance from the agreement and assign the current Agreement with ABM Building Solutions, LLC, to AMB Industry Groups, LLC, in accordance with Article 15 of the Agreement. Requested Action: Staff recommends approval of Proposed Resolution No. R24-085. Explanation of Request: On August 11, 2020, the City of Boynton Beach and ABM Building Solutions, LLC, entered into Contract No. 009-2511-20/RW for Town Square /City Facilities Maintenance Services. The Parties desire to amend the Contract to remove the Scope of Work regarding HVAC maintenance and Electrical Systems Maintenance and increase the monthly service fee for Landscape Maintenance and Janitorial Services. Removed Services: HVAC Maintenance and Electrical Systems Maintenance for $5,035.58 per month. Increased Monthly Services: Landscape Maintenance from $13,708.33 to $14,810 per month ($1,101.67 increase) Janitorial Services from $27,668.50 to $28,498.50 per month ($830 increase) Estimated Annual Expenditure: $519,720 per year. Pursuant to Article 15 of the Contract dated August 11, 2020, between ABM Building Solutions, LLC and the City of Boynton Beach, the parties desire to mutually consent to the assignment of the contract in its entirety to ABM Industry Groups, LLC. ABM Industry Groups, LLC has agreed to take on the entirety of the assignment at the agreed rates and current terms as previously negotiated with ABM Building Solutions, LLC. How will this affect city programs or services? Allows for continuity of operations of the Town Square / City Facilities Maintenance Services. Fiscal Impact: None - Already budgeted under previous contract with ABM Building Solutions, LLC. Attachments: 216 R24-085 Agenda_Item_1403-2023_Resolution_for_Amendment__R1_.docx Exhibit A to Resolution - Amendment and Assignment Town Square City Facilities Maint. (3.19.24) Signed -ABM.pdf Res R20-074 & Executed ABM Contract 009-2511-20RW.pdf 217 RESOLUTION NO. R24-0851 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 AND CONSENT TO 4 ASSIGNMENT OF AGREEMENT BETWEEN THE CITY, ABM BUILDING 5 SOLUTIONS, LLC, AND ABM INDUSTRY GROUPS, LLC, FOR TOWN 6 SQUARE/CITY FACILITIES MAINTENANCE SERVICES; PROVIDING AN 7 EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS,on August 11, 2020, City and ABM Building Solutions, LLC (“Assignor”), 10 entered into Contract No. 009-2511-20/RW (the “Agreement”) for Town Square/City Facilities 11 Maintenance Services; and12 WHEREAS, the Parties desire to amend the Agreement to remove the Scope of Work 13 for HVAC Maintenance and Electrical Systems Maintenance from the Agreement and increase 14 the monthly service fee for Landscape Maintenance and Janitorial Services; and15 WHEREAS, the Assignor desires to assign its rights, interest, and obligations under the 16 Agreement to ABM Industry Groups, LLC (“Assignee”), and the Assignor and Assignee desire to 17 obtain the City’s consent to the assignment; and18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 19 the best interests of the citizens and residents of the City of Boynton to approve Amendment 20 No. 1 and Consent to Assignment of Agreement to ABM Industry Groups, LLC, for Town 21 Square/City Facilities Maintenance Services. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 23 BEACH, FLORIDA, THAT:24 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 SECTION 2.The City Commission hereby approves Amendment No. 1 and Consent to 28 Assignment of Agreement to ABM Industry Groups, LLC, for Town Square/City Facilities 29 Maintenance Services, in form and substance similar to that attached as “Exhibit A,”and 30 authorizes the City Manager to execute the Amendment.31 32 218 SECTION 3.The fully executed Amendment shall be retained by the City Clerk as a 33 public record of the City, and a copy shall be provided to Kristeena Pinto to forward to the 34 Assignor and Assignee. 35 SECTION 4.This Resolution shall take effect as provided by law.36 PASSED AND ADOPTED this 16th day of April 2024.37 CITY OF BOYNTON BEACH, FLORIDA38 YES NO39 40 Mayor – Ty Penserga _____ _____41 42 Vice Mayor – Aimee Kelley _____ _____43 44 Commissioner – Angela Cruz _____ _____45 46 Commissioner – Woodrow L. Hay _____ _____47 48 Commissioner – Thomas Turkin _____ _____49 50 VOTE ______51 ATTEST:52 53 54 ___________________________________________________________55 Maylee De Jesús, MPA, MMC Ty Penserga56 City Clerk Mayor57 58 APPROVED AS TO FORM:59 60 (Corporate Seal)61 _______________________________62 Shawna G. Lamb63 City Attorney64 219 First Amendment and Consent to Assignment of Contract No. 009-2511-20/RW Page 1 of 5 AMENDMENT NO. 1 AND CONSENT TO ASSIGNMENT OF AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ABM BUILDING SOLUTIONS, LLC, FOR TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES This First Amendment and Consent to Assignment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), ABM Building Solutions, LLC, a Delaware Limited Liability Company registered to transact business in the State of Florida (“Assignor”), ABM Industry Groups, LLC, a Delaware Limited Liability Company registered to transact business in the State of Florida (“Assignee”) (collectively referred to as the “Parties”). RECITALS A. On August 11, 2020, City and Assignor entered into Contract No. 009-2511-20/RW (the “Agreement”) for Town Square/ City Facilities Maintenance Services. B. The Parties desire to amend the Agreement to remove the Scope of Work in regards to HVAC maintenance and Electrical Systems Maintenance from the Agreement, and increase the monthly service fee for Landscape Maintenance and Janitorial Services. C. Assignor desires to assign its rights, interest, and obligations under the Agreement to Assignee, and Assignor and Assignee desire to obtain City’s consent to the assignment. C. Pursuant to Article 15 of the Agreement the City hereby consent to the assignment of the Agreement on the following terms and conditions. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Agreement is hereby amended as follows: Removed Services / Unit Pricing. HVAC Maintenance and Electrical Systems Maintenance Services for $5,035.58 per month are hereby removed from the Agreement. 220 First Amendment and Consent to Assignment of Contract No. 009-2511-20/RW Page 2 of 5 Increase in Monthly Price. The monthly price for Landscape Maintenance is hereby increased from $13,708.33 to $14,810.00. This pricing increase shall be retroactively effective for all services provided on or after February 1, 2024. Increase in Monthly Price. The monthly price for Janitorial Services is hereby increased from $27,668.50 to $28,498.50. This pricing increase shall be retroactively effective for all services provided on or after February 1, 2024. 4. Contact Information. The contact information for Assignee is as follows: Description ASSIGNEE Name of entity ABM Industry Groups, LLC Federal Employer Identification Number (FEIN) 95-2495556 Address 14141 Southwest Freeway, Ste. 477 Sugarland, TX 77478 Telephone E-mail 5. Consent to Assignment. County hereby consents to the assignment of the Contract to Assignee, subject to the conditions set forth in this Consent. This consent includes the assignment of all outstanding obligations of Assignor with regard to any open purchase orders, change orders, work authorizations, or other pending purchase documents issued pursuant to the Contract. Notwithstanding the foregoing, Assignor shall remain fully responsible for all duties, obligations, and performance required by the Contract through the Assignment Effective Date (defined below). 6. Assumption of Contract. Commencing on the Assignment Effective Date (defined below), Assignee expressly assumes and agrees to undertake each and every obligation and responsibility of Assignor under the Agreement, and any other obligation of Assignor or Assignee pursuant to the Agreement, whether occurring before or after the date of this Amendment. 7. Assignment Effective Date. The Agreement shall be deemed assigned from Assignor to Assignee on the effective date of this Amendment. 8. Pricing. Assignee expressly agrees to honor all rates and pricing terms of the Agreement, as amended. 221 First Amendment and Consent to Assignment of Contract No. 009-2511-20/RW Page 3 of 5 9. Representations and Warranties of Assignee. (a) Authorized to Do Business. Assignee represents and warrants that it is authorized to do business in the State of Florida and that it has and will continue to maintain all licenses and approvals required to conduct business in Florida, and that it will at all times conduct business in a reputable manner. (b) Warranty of Performance. Assignee represents and warrants that it possesses the knowledge, skill, experience, and financial capability required to perform and provide all services and that each person and entity that will provide services is duly qualified to perform such services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render services. Assignee represents and warrants that the services shall be performed in a skillful and respectful manner, and that the quality of all services shall equal or exceed prevailing industry standards for the provision of such services. 10. Insurance. Assignee shall fully comply with any insurance obligations set forth in the Agreement. On or before the Assignment Effective Date, Assignee shall provide a copy of the Certificate(s) of Insurance and endorsements evidencing the required coverages. 11. Compliance with Laws. Assignee shall comply with all state, county, municipal, or other laws, codes, advisory circulars, rules, regulations, or ordinances, as may be amended, that are applicable to Assignee’s performance of its obligations under the Agreement. 12. Representation of Authority. Assignor and Assignee represent and warrant that this Amendment constitutes the legal, valid, binding, and enforceable obligation of Assignor and Assignee, and that neither the execution of this Amendment nor performance of the Agreement constitutes a breach of any agreement that Assignor or Assignee has with any third party or violates applicable law. Assignor and Assignee further represent and warrant that execution of this Amendment is within Assignor and Assignee’s legal powers, and each individual executing this Amendment on behalf of Assignor and Assignee is duly authorized by all necessary and appropriate action to do so on behalf of Assignor and Assignee and does so with full legal authority. 13. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 222 First Amendment and Consent to Assignment of Contract No. 009-2511-20/RW Page 4 of 5 14. Assignor acknowledges that through the date this Amendment is executed by Assignor, Assignor has no claims or disputes against City with respect to any of the matters covered by the Agreement. 15. The following new sections are added to the Agreement as follows: (a) Verification of Employment Eligibility. Assignee represents that Assignee and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Assignee violates this section, City may immediately terminate this Agreement for cause and Assignee shall be liable for all costs incurred by City due to the termination. (b) Public Entity Crime Act. Assignee represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Assignee further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Assignee has been placed on the convicted vendor list. 16. The effective date of this Amendment shall be the date of complete execution by the Parties. 17. This Amendment may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 223 First Amendment and Consent to Assignment of Contract No. 009-2511-20/RW Page 5 of 5 CITY CITY OF BOYNTON BEACH By____________________________ Daniel Dugger, City Manager ____ day of ______________, 2024 Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ ASSIGNOR ABM BUILDING SOLUTIONS, LLC. By_______________________ Authorized Signer _______________________ Print Name and Title _____ day of ______________, 2024 ASSIGNEE ABM INDUSTRY GROUPS, LLC By_______________________ Authorized Signer _______________________ Print Name and Title _____ day of ______________, 2024 3.19.24 (SRW) Florida Area General Manager 3/19/24 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 City of Boynton Beach Agenda Item Request Form 8.A Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 04/16/2024 Meeting Date: 04/16/2024 Proposed Ordinance No. 24-007- Second Reading - An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for an approximately .587 acre parcel of real property located at 2508 North Federal Highway, Boynton Beach, Florida, by changing the future land use classification from local retail commercial (LRC) to high density residential (HDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Proposed Ordinance No. 24-008- Second Reading - An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 02-013 to rezone an approximately .587 acre parcel of real property located at 2508 North Federal Highway, Boynton Beach, Florida, from community commercial (C-3) to infill planned unit development (IPUD); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Ordinance No. 24-007 and Ordinance No. 24-008, on Second Reading. Explanation of Request: The Potter Townhomes development is proposed on a vacant 0.587-acre property located within the Federal Highway District as defined by the CRA Community Redevelopment Plan (CRA Plan) and within the Urban Commercial District Overlay. The project site was formerly developed with a gas station, which was subsequently demolished in 2004 and has remained undeveloped. The property is classified as Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3). The applicant has requested to amend the land use classification to High Density Residential (HDR) and rezone the property to Infill Planned Unit Development (IPUD), a zoning designation corresponding to the HDR land use classification. The requested zoning district allows 15 dwelling units per acre, a maximum density of the underlying Future Land Use classification. The applicant proposes to develop a planned-unit development with a total of 8 dwelling units, 240 consisting of four (4) 2-unit townhome buildings, representing a proposed density of 13.63 du/ac and complying with the underlying Future Land Use density. Two of the buildings will have frontage along North Federal Highway, and the project will provide the required pedestrian zone improvements, including wide sidewalks and street trees. The requested future land use amendment and rezoning are consistent with the recommendation provided in the CRA Plan for this area of the North Federal Highway District. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Ordinance 24-007 CP_Potter_Townhomes_Future_Land_Use_Map_Amendment_Ordinance- Final.docx Ordinance_24-008_Potter_Townhomes_Rezoning_Ordinance (1).docx Staff Report.pdf Exhibit A - Location Map.pdf Exhibit B - Exising Future Land Use.pdf Exhibit C - Proposed Future Land Use.pdf Exhibit D - Exising Zoning.pdf Exhibit F - Justification Statement.pdf Exhibit E - Proposed Zoning.pdf Existing G - Master Plan.pdf Business Impact Estimate.pdf 241 3.26.24 (SRW) Page 1 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-0071 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY 4 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, FOR AN APPROXIMATELY .587 ACRE PARCEL OF 6 REAL PROPERTY LOCATED AT 2508 NORTH FEDERAL HIGHWAY, 7 BOYNTON BEACH, FLORIDA, BY CHANGING THE FUTURE LAND USE 8 CLASSIFICATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO HIGH 9 DENSITY RESIDENTIAL (HDR); DECLARING THE PROPOSED 10 AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT 11 WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE 12 CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING 13 FOR AN EFFECTIVE DATE.14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 16 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 17 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 18 and19 WHEREAS, B&B Florida Holdings, LLC, has requested an amendment to the Future Land 20 Use Map classification of a parcel of land located at 2508 North Federal Highway, Boynton Beach, 21 FL, more particularly described in Exhibit “A,” from Local Retail Commercial (LRC) to High Density 22 Residential (HDR); and,23 WHEREAS,the permitted uses within the Future Land Use Map category are compatible 24 with the surrounding and existing land uses; and,25 WHEREAS, the property owner has also applied to rezone the property from the 26 Community Commercial (C-3) to Infill Planned Unit Development (IPUD); and,27 242 3.26.24 (SRW) Page 2 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the procedure for amendment of a Future Land Use Element of a 28 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and29 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 30 Local Planning Agency and City Commission, finds that the Future Land Use Map amendment is 31 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 32 Statutes; and,33 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 34 requirements of section 166.041, Florida Statutes, and the City’s Land Development Regulations; 35 and36 WHEREAS, after careful review of the application, staff has determined that the proposed 37 amendment complies with the City’s Comprehensive Plan and is consistent with section 163.3184, 38 Florida Statutes; and39 WHEREAS,the City Commission has reviewed the City staff's report, incorporated herein, 40 which contains data and analysis supporting the Future Land Use Map amendment; and41 WHEREAS, the City Commission finds that the proposed Future Land Use Map42 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations43 and is in the best interest of the public to amend the Future Land Use Element of the 44 Comprehensive Plan as hereinafter provided.45 243 3.26.24 (SRW) Page 3 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 46 BOYNTON BEACH, FLORIDA:47 Section 1:The foregoing “WHEREAS” clauses are hereby ratified as being true and 48 correct and are hereby made a specific part of this Ordinance upon adoption hereof.49 Section 2:Decision. Ordinance No. 89-38 of the City is hereby amended to 50 reflect the following: The City’s Future Land Use Map is hereby amended from Local Retail 51 Commercial (LRC) to High Density Residential (HDR) for a ± .587-acre parcel generally located at 52 2508 North Federal Highway, Boynton Beach, FL, as depicted in Exhibit “B.”53 Section 3:Amendment to Future Land Use Map. The Director of Planning and 54 Zoning is further authorized to make the necessary changes as required to the Future Land Use 55 Map to reflect the above stated change.56 Section 4:Authorization to Transmit. The City Manager or designee is hereby 57 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 58 provisions of the Community Planning Act, if required.59 Section 5:Severability. The provisions of this Ordinance are declared to be 60 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 61 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 62 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 63 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.64 244 3.26.24 (SRW) Page 4 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 6:Conflicts.All Ordinances, parts of Ordinances, Resolutions, or parts of 65 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict.66 Section 7:Effective Date.This Ordinance shall take effect immediately upon 67 adoption.68 69 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)70 245 3.26.24 (SRW) Page 5 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this 2nd day of April 2024.71 SECOND, FINAL READING, AND PASSAGE this ______ day of _______, 2024.72 CITY OF BOYNTON BEACH, FLORIDA73 YES NO74 75 Mayor – Ty Penserga __________76 77 _____________ – Thomas Turkin __________78 79 ______________ – Woodrow L. Hay __________80 81 ______________ –Angela Cruz __________82 83 ______________ – Aimee Kelley __________84 85 VOTE ______86 ATTEST:87 88 _____________________________89 Maylee DeJesús, MMC Ty Penserga90 City Clerk Mayor91 92 APPROVED AS TO FORM:93 (Corporate Seal)94 95 96 Shawna G. Lamb97 City Attorney98 246 3.26.24 (SRW) Page 6 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description Address:2508 North Federal Highway, Boynton Beach, FL PCN:08-43-45-15-02-000-1250 Legal Description:Lots 125, 126, and 127, and Lots 128 to 133 inclusive, Less the Westerly 64.69 feet of said Lots 128 to 133 inclusive, and Less that part of Lot 128 which is included in the external area formed by a 12-foot radius arc, tangent to the North line of said lot 128 and tangent to a line parallel to and 64.69 feet Easterly of when measured along the South line of said Lot 128, the West line of said Lot 128, Lakeside Gardens, according to the Plat thereof, as recorded in Plat Book 8, Page 57, of the Public Records of Palm Beach County, Florida. 247 3.26.24 (SRW) Page 7 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use 248 3.26.24 (SRW) Page 1 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-0081 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02-013 TO 4 REZONE AN APPROXIMATELY .587 ACRE PARCEL OF REAL PROPERTY 5 LOCATED AT 2508 NORTH FEDERAL HIGHWAY, BOYNTON BEACH, 6 FLORIDA, FROM COMMUNITY COMMERCIAL (C-3) TO INFILL 7 PLANNED UNIT DEVELOPMENT (IPUD); DECLARING THE PROPOSED 8 AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN 9 OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND 10 PROVIDING FOR AN EFFECTIVE DATE.11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 13 No. 02-013, establishing an official zoning map of the City; and14 WHEREAS, B&B Florida Holdings, LLC, has requested to rezone the parcel of land located 15 at 2508 North Federal Highway, Boynton Beach, FL (the “Property”), more particularly described 16 in Exhibit “A,” from Community Commercial (C-3) to Infill Planned Unit Development (IPUD); and,17 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 18 advertised hearing received testimony and evidence related to the application and found that the19 rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, 20 Florida Statutes; and,21 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 22 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 23 and24 249 3.26.24 (SRW) Page 2 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, after careful review of the application, staff has determined that the proposed 25 rezoning is consistent with an amendment to the Future Land Use Map, which was 26 contemporaneously considered and approved by the City Commisison, complies with the City’s 27 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and28 WHEREAS,the City Commission has reviewed the City staff's report, incorporated herein, 29 which contains data and analysis supporting the rezoning; and30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 31 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 32 Regulations, and the City Commission deems it to be in the best interest of the public to amend 33 the City’s Zoning Map as further set forth herein.34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 35 BOYNTON BEACH, FLORIDA:36 Section 1:The foregoing “WHEREAS” clauses are hereby ratified as being true and 37 correct and are hereby made a specific part of this Ordinance upon adoption hereof.38 Section 2:Decision. The Property described in Exhibit A is hereby rezoned from 39 Community Commercial (C-3) to Infill Planned Unit Development (IPUD), and the City’s Official 40 Zoning Map shall be amended accordingly.41 250 3.26.24 (SRW) Page 3 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 3:Amendment to Zoning Map. The Director of Planning and Zoning is 42 further authorized to make the necessary changes as required to the City’s Official Zoning Map to 43 reflect the above stated changes.44 Section 4:Authorization to Transmit. The City Manager or designee is hereby 45 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 46 provisions of the Community Planning Act, if required.47 Section 5:Severability. The provisions of this Ordinance are declared to be 48 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 49 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 50 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 51 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.52 Section 6:Conflicts.All Ordinances, parts of Ordinances, Resolutions, or parts of 53 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict.54 Section 7:Effective Date.This Ordinance shall take effect immediately upon 55 adoption.56 57 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)58 251 3.26.24 (SRW) Page 4 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this 2nd day of April 2024.59 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2024.60 CITY OF BOYNTON BEACH, FLORIDA61 YES NO62 63 Mayor – Ty Penserga __________64 65 _____________ – Thomas Turkin __________66 67 ______________ – Woodrow L. Hay __________68 69 ______________ –Angela Cruz __________70 71 ______________ – Aimee Kelley __________72 73 VOTE ______74 ATTEST:75 76 _____________________________77 Maylee DeJesús, MMC Ty Penserga78 City Clerk Mayor79 80 APPROVED AS TO FORM:81 (Corporate Seal)82 83 84 Shawna G. Lamb85 City Attorney86 252 3.26.24 (SRW) Page 5 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description Address:2508 North Federal Highway, Boynton Beach, FL PCN:08-43-45-15-02-000-1250 Legal Description:Lots 125, 126, and 127, and Lots 128 to 133 inclusive, Less the Westerly 64.69 feet of said Lots 128 to 133 inclusive, and Less that part of Lot 128 which is included in the external area formed by a 12 foot radius arc, tangent to the North line of said lot 128 and tangent to a line parallel to and 64.69 feet Easterly of when measured along the South line of said Lot 128, the West line of said Lot 128, Lakeside Gardens, according to the Plat thereof, as recorded in Plat Book 8, Page 57, of the Public Records of Palm Beach County, Florida. 253 3.26.24 (SRW) Page 6 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map 254 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 24-006 STAFF REPORT TO: Mayor Ty Penserga Members of the City Commission THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director FROM: Craig Pinder, Senior Planner DATE: March 1, 2024 (City Comission Hearing: April 2 and April 16, 2024) PROJECT: Potter Townhomes - Future Land Use Map Amendment and Rezoning, (2023.06.12894) REQUEST: Approval of Potter Townhomes Future Land Use Map Amendment (2023.06.12894) from Local Retail Commercial (LRC) to High Density Residential (HDR) and Rezoning (2023.06.12894) from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) with a master plan for 8 townhome units. PROJECT DESCRIPTION Property Owners: B&B Florida Holdings, LLC Applicant: Peter Dwyer, Dwyer Construction & Development, Inc. Agents: Bradley Miller, Urban Design Studio, LLC Location: 2508 North Federal Highway Existing Land Use/ Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/ Zoning: High Density Residential (HDR) / Infill Planned Unit Development (IPUD) Proposed Use: 8 fee-simple townhomes Acreage: 0.587-acres Adjacent Uses: 255 Potter Townhomes - Future Land Use Map Amendment and Rezoning (2023.06.12894) Memorandum No PZ 24-006 Page 2 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Future Land Use Amendment and Rezoning Staff Report_(2023.06.12894)_FINAL.docx 2 North: Right-of-way of Potter Road, then further north, developed commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C3); South: Developed multi-family property (Inlet Harbor Club) classified as Recreational (R) and Medium Density Residential (MEDR) land use, and zoned Recreational (REC), Multi-family Residential (R3); East: Secondary ingress/egress for the multi-family condominium development (Inlet Harbor Club) classified as LRC land use, and zoned C3, and further east, developed properties classified low density residential (LDR) land use and zoned Single-family Residential (R1AA); West: Right-of-way of North Federal Highway and the Florida East Coast Railroad, and further west, developed residential property (The Crossings of Boynton Beach) zoned Planned Unit Development (PUD). PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to owners of properties within 400 feet of the subject properties, and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND The Potter Townhomes development is proposed on a vacant 0.587-acre property located within the Federal Highway District as defined by the CRA Community Redevelopment Plan (CRA Plan) and within the Urban Commercial District Overlay. The project site was formerly developed with a gas station, which was subsequently demolished in 2004 and has remained undeveloped. The property is classified as Local Retail Commercial (LRC) land use, and zoned Community Commercial (C-3). The applicant has requested to amend the land use classification to High Density Residential (HDR) and rezone the property to Infill Planned Unit Development (IPUD), a zoning designation corresponding to the HDR land use classification. The requested zoning district allows 15 dwelling unit per acre, a maximum density of the underlying Future Land Use classification. The applicant proposes to develop a planned-unit development with a total of 8 dwelling units, consisting of four (4) 2-unit townhome buildings, which represents a proposed density of 13.63 du/ac and complies with the underlying Future Land Use density. Two of the buildings will have frontage along North Federal Highway, and the project will provide the required pedestrian zone improvements including wide sidewalks and street trees. The requested future land use amendment and rezoning is consistent with the recommendation provided in the CRA Plan for this area of the North Federal Highway District. REVIEW BASED ON CRITERIA The criteria used to review rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.D.3. These criteria are required to be part of the staff analysis when the 256 Potter Townhomes - Future Land Use Map Amendment and Rezoning (2023.06.12894) Memorandum No PZ 24-006 Page 3 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Future Land Use Amendment and Rezoning Staff Report_(2023.06.12894)_FINAL.docx 3 proposed project includes a rezoning. a. Demonstration of Need. Whether the proposed amendments to the FLU and zoning maps are supported by the implementation of the city's vision for, or changes in the conditions or character of development in, the area under consideration. Ongoing or anticipated market trends may also be considered in a justification Statement provided as part of the application. The CRA Plan’s vision calls for a mix of uses that front the road, improvement, and activating the area with streetscape that will encourage biking and walking by providing shade, lighting and safety. The proposed master plan provides a townhome development that will front Federal Highway and activate the corridor with streetscape improvements, consistent with the development pattern of the Federal Highway District. The townhome proposal provides diversity in the housing supply as it increases the option for owner-occupied multi-family housing within the CRA boundaries. Furthermore, the proposed High Density Residential (HDR) land use is consistent with the recommended land use in the CRA Plan. b. Consistency. Whether the proposed amendments to the FLU and zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, or any other current city-approved planning documents. The proposed HDR land use classification and IPUD zoning district are consistent with the City’s Comprehensive Plan, and further implement the vision of the 2016 CRA Plan. The IPUD zoning district is intended to implement the existing density established within the HDR future land use classification. The Future Land Use Map (FLUM) amendment and rezoning are also consistent with the following Comprehensive Plan objectives and policies: Objective 1.7 The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. Objective 1.11 The City shall promote the development of a variety of rental and owner-occupied, single- and multi-family housing for a broad range of income groups, diverse cultures and for groups with special needs, and strive to protect residential environments by preventing or minimizing land use conflicts. Policy 1.11.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi-family, manufactured and mobile dwellings and group homes. Policy 1.11.2 The City shall continue to maintain and improve the existing single-family and lower- density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, contributes to the implementation of adopted redevelopment plans, or furthers the City’s affordable housing programs. c. Compatibility. The application shall consider whether the proposed future land use and zoning, or potential uses allowed in a proposed zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. 257 Potter Townhomes - Future Land Use Map Amendment and Rezoning (2023.06.12894) Memorandum No PZ 24-006 Page 4 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Future Land Use Amendment and Rezoning Staff Report_(2023.06.12894)_FINAL.docx 4 The proposed master plan, accompanied with the subject FLUM amendment and rezoning, would be compatible in density, scale and character with the surrounding neighborhood. The proposed project abuts the Inlet Harbor Club property, which is a 61-unit condominium development classified as Medium Density Residential (MEDR) land use. The proposed density for the subject property is less than the maximum density allowed by the HDR future land use, and the rezoning directly implements HDR land use which is envisioned within the CRA Plan. This request represents an incremental implementation of the CRA Plan and creates a more compatible relationship with the neighborhood than the current commercial land use classification and zoning designation. d. Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. As stated in the responses for criteria “b” and “c” above, the proposed rezoning is consistent with the CRA Plan and Comprehensive Plan. The subject site is sufficient for the proposed development and does not propose a parcel assemblage. Therefore, the proposed amendment would not result in the creation of an undevelopable parcel(s) or encourage piecemeal development. e. Location Efficiency. Whether the proposed amendments to the FLU and zoning maps would support complementary land uses; the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties. See the responses to criterion “c” and “d” above. The proposed amendment to the future land use and zoning maps is consistent with the vision of the Federal Highway District embedded in the CRA Plan, and will be complementary with the existing development and future redevelopment of the surrounding areas as the implementation of the CRA Plan continues. Two of the townhome buildings are oriented toward Federal Highway to promote a more walkable pedestrian environment and provide access directly to Federal Highway. Given the relatively small size of the subject parcel, providing a mix of uses is not achievable; however, the project achieves several sustainability initiatives including providing canopy trees in an amount that exceeds 25% of the minimum number of required trees. Furthermore, the project is located immediately off North Federal Highway with direct access to Palm Tran route 1, which provides a connection to the existing county-wide bus network. Part III, Chapter 3, Article III, Sec.2.G.1.b states “rezoning to the IPUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have been impacted by environmental contamination.” As mentioned above, the proposed development has frontage along Federal Highway, which provides immediate access to transit, and connects the project to employment centers and the community at large. f. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. 258 Potter Townhomes - Future Land Use Map Amendment and Rezoning (2023.06.12894) Memorandum No PZ 24-006 Page 5 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Future Land Use Amendment and Rezoning Staff Report_(2023.06.12894)_FINAL.docx 5 The traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 54 new daily trips, 3 new a.m. peak hour trips and 4 new p.m. peak hour trips. The Traffic Performance Standards (TPS) review from the Palm Beach County Traffic Division determined that the project meets the TPS of Palm Beach County. The School Capacity Availability Determination (SCAD) letter provided by the PBC School District determined that the project will not negatively impact the school district. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: a. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and b. Represent a potential decrease in the number of uses with high probable economic development benefits. (2) Whether the proposed rezoning/FLUM amendments would: a. Create new employment opportunities; b. Contribute to the enhancement and diversification of the city’s tax base; c. Respond to the current or anticipated market demand or community needs; or d. Alleviate economic obsolescence of the subject area. The proposed FLUM amendment and rezoning would not decrease the possible intensity of development, nor the number of uses with high probable economic development benefits. The proposed project generates economic development benefits by developing a parcel that has been vacant for approximately two (2) decades, providing additional fee-simple housing, and improving the existing pedestrian network near the project site, which could potentially enhance the quality of life of the community. The direct impact on job generation would not be significant as there are no commercial or industrial uses as part of this proposal; however, there will be indirect effects through increased demand for nearby businesses. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides evidence of satisfying at least two (2) of the Direct Economic Development Benefits listed in subparagraph "g" above. The subject parcel is currently classified as LRC and zoned C3, however, the CRA Plan’s recommended land use (HDR) for this site envisions residential development. The proposed FLUM amendment implements the CRA Plan’s vision, and the IPUD rezoning corresponds to the HDR land use classification, which is consistent with the Goals, Objectives, and Policies set for the Future 259 Potter Townhomes - Future Land Use Map Amendment and Rezoning (2023.06.12894) Memorandum No PZ 24-006 Page 6 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Future Land Use Amendment and Rezoning Staff Report_(2023.06.12894)_FINAL.docx 6 Land Use elements of the City’s Comprehensive Plan. As mentioned in response to sub-paragraph “g” above, the project generates economic development by developing a parcel that has been vacant for approximately twenty (20) years and will increase demand for nearby businesses. RECOMMENDATION Staff has reviewed the proposed Future Land Use Map (FLUM) amendment and rezoning (2023.06.12894) and recommends APPROVAL based on the findings that the project implements the Community Redevelopment Plan and the Comprehensive Plan objectives and policies. 260 F E C R a i l r o a dN Federal HwyPotter Rd ¹0 30 60 90 12015 Feet SITE Potter Townhomes - 2508 N Federal HwyPotter Townhomes - 2508 N Federal Hwy Exhibit A: Location MapExhibit A: Location Map 261 F E C R a i l r o a dN Federal HwyPotter Rd ¹0 30 60 90 12015 Feet LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) RECREATIONAL (R ) Parcel Potter Townhomes - 2508 N Federal HwyPotter Townhomes - 2508 N Federal Hwy Ex. B: Existing Future Land UseEx. B: Existing Future Land Use 262 F E C R a i l r o a dN Federal HwyPotter Rd ¹0 30 60 90 12015 Feet LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) RECREATIONAL (R ) Parcel HDR Potter Townhomes - 2508 N Federal HwyPotter Townhomes - 2508 N Federal Hwy Ex. C: Proposed Future Land UseEx. C: Proposed Future Land Use 263 F E C R a i l r o a dN Federal HwyPotter Rd ¹0 30 60 90 12015 Feet Zoning R3 Multi Family, 11 du/ac PUD Planned Unit Development C3 Community Commercial REC Recreation Parcel Potter Townhomes - 2508 N Federal HwyPotter Townhomes - 2508 N Federal Hwy Ex. D: Existing ZoningEx. D: Existing Zoning 264 Page | 1 1 , 2023 POTTER TOWNHOMES PROJECT NARRATIVE Request(s): Future Land Use Map Amendment, Rezoning, New Master Plan & Site Plan, Variance Application No: CPTA, REZN, NMP, NWSP-2023.06.12894 Submitted: June 27, 2023 Resubmitted: November 1, 2023/January 12, 2024 The property that is the subject of this application is 0.587-acres, located at the southeast corner of N. Federal Highway and Potter Road, approximately 0.14 miles north of E. Gateway Boulevard and is undeveloped (subject site”). On behalf of Dwyer Construction & Development, Inc. (“Applicant”), Urban Design Studio has prepared and hereby respectfully submits this application to request development approval to improve the subject site with an 8- unit (fee simple) townhouse development. The subject site consists of a single parcel of land, as identified by the Palm Beach County Property Appraiser via PCN 08-43-45-15-02-000-1250, with a physical address of 2508 N. Federal Highway. The subject site has a future land use designation of Local Retail Commercial (“LRC”) and is located within the C3 commercial zoning district and Urban Commercial District Overlay (“UCDO”). The CRA Recommended FLU designation is High Density Residential (HDR) which allows 15 dwelling units/per acre. As confirmed with City Staff at a Pre-Application meeting on April 18, 2023, to achieve the development proposal, the following application approvals are being requested:  Future Land Use Map Amendment from Local Retail Commercial (“LRC”) to High Density Residential, 15 dwelling units per acre (“HDR-15 du/ac”)  Rezoning from C3 to Infill Planned Unit Development (“IPUD”)  New Master Plan & New Major Site Plan  Variance for East Landscape Buffer PROJECT INFORMATION Applicant Dwyer Construction & Development, Inc. Owner B&B Florida Holdings, LLC Agent Urban Design Studio, Bradley Miller, AICP / Ailish Villalobos Site Location Southeast corner of N. Federal Hwy and Potter Rd, approx. 0.14 miles north of E. Gateway Blvd PCN’s 08-43-45-15-02-000-1250 Existing FLU Local Retail Commercial (LRC) Proposed FLU High Density Residential (HDR – 15 du/ac) Existing Zoning C3 Proposed Zoning Infill Planned Unit Development (IPUD) Existing Use(s) Vacant Commercial Proposed Use(s) 8-unit (fee simple) townhouse development Site Area 0.587-acres (25,591 square feet) 265 Potter Townhomes Page | 2 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 SURROUNDING PROPERTY North: Developed commercial property (medical office) designated LRC and zoned C3; and vacant commercial property designated LRC and zoned C3. South: Developed multi-family residential property (Inlet Harbor Condominium) designated Recreation (“R”) and Medium Residential, 11 du/ac (“MEDR”) and zoned REC and R3. East: Developed secondary driveway that is gated (and does not appear to be in use) for multi-family residential property (Inlet Harbor Condominium) designated LRC and zoned C3. West: Right-of-way for Federal Highway and FEC Railroad, followed by developed multi-family residential property (Crossings of Boynton Beach) designated MEDR, 11 du/ac and zoned Planned Unit Development (“PUD”). PROPOSED DEVELOPMENT DESCRIPTION Potter Townhomes is a proposed 8 unit (fee simple) townhouse development on 0.587-acres bordered to the east and south by a multi-family development known as Inlet Harbor Condominiums (specifically the east side is a secondary driveway that is gated and appears to not be used and the south side is a recreational component); to the north is Potter Road right- of-way followed by developed commercial (medical office) use; and to the west is Federal Highway right-of-way, FEC Railroad right-of-way, followed by a multi-family residential development known as Crossings of Boynton Beach). The subject property is comprised of one parcel and is currently vacant. The existing commercial land use and zoning of the subject property comes from the historic commercial corridor of Federal Highway, dating back to days prior to the construction of I-95. More recently, the City adopted a recommendation from the Community Redevelopment Agency (CRA) that the most appropriate future land use designation for the subject site is HDR- 15 du/ac. Under the HDR land use classification and IPUD zoning district, the maximum allowable density is 15 dwelling units per acre, which would allow the Applicant a maximum of 8 dwelling units on the subject site. Townhouses are permitted uses in the IPUD zoning district. The intent of the proposed project is to provide a fee simple – for sale residential community. The project proposes one point of ingress/egress located on Potter Road. There are 4 buildings with two units in each that are intended to be sold as fee simple units with an internal driveway from Potter Road. Each unit is three stories in height, consists of approximately 2,759 square feet of air-conditioned space, a 2-car garage and covered patio. The ground floors include a foyer at the front door, a “game room/den” area, guest room and a full bathroom. The second floors have a living room, family room, kitchen, dining area and a half bathroom. The third floors have three additional bedrooms and two full bathrooms. A breakdown of the unit area tabulation is provided below: 266 Potter Townhomes Page | 3 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 UNIT AREA TABULATION AREA SQ. FT. GROUND FLOOR A/C 663 SECOND FLOOR A/C 1010 THIRD FLOOR A/C 1086 TOTAL A/C 2759 COVERED ENTRY 28 2-CAR GARAGE 434 COVERED PATIO 90 2ND FLOOR BALCONIES 167 3RD FLOOR BALCONY 53 TOTAL CONSTRUCTION 3531 Each unit will be provided with a city trash roll-out bin which will be individually stored within the unit garage and rolled out to Potter Road for pick up and returned to garages on designated days. Bulk trash pick-up will be handed by calling City Utilities for a special pick up. Provided within the site are two recreational amenity areas which are located in the middle and northeast portions of the site. The recreational area totals to 1,620 square feet which complies with the IPUD requirement of 200 square feet per unit or 1,600 square feet. A cabana feature is provided within the centrally located recreation space, which fronts Federal Highway, and the northeastern area is suitable for a dog walking area. There is also a community mail kiosk station provided at the southern end of the site. The maximum building coverage in the IPUD zoning district is 50%, which equates to 12,795 for the 0.587-acre site. Provided is a total building coverage of 37.4% (9,496 square feet) which is below the allowable amount, along with 29% (7,493 square feet) of open space area and 33.6% (8,620 square feet) of hardscape. While the IPUD zoning district is flexible on minimum building setback requirements, the proposed setbacks have been provided for compatibility purposes to mirror the surrounding uses. The maximum height of buildings in the IPUD zoning district is 45-feet, all proposed structures are provided at 35’-0” in compliance. Building elevations and floor plans, prepared by Brenner Architects are provided with this application for further detail. Based on the proposed 8-unit development and code parking requirement at 2 parking spaces per unit, along with 0.15 parking spaces per unit for guest parking, that would equate to a total of 18 parking spaces required. Each unit will have a 2-car garage which will provide for 16 parking spaces. Each garage will be regulated by property owner documents to park their vehicles within the garage only and the garages will be pre-wired for EV connections. There are 2 parallel guest parking spaces provided on Potter Road for a total parking count of 18 parking spaces, which meets and exceeds the parking space requirement. On street parking on Federal Highway has been considered, however, based on FDOT Design Manual, section 210.2.3 allows on street parking for roads with posted speeds of 35 mph or less. The posted speed limit in this area of Federal Highway is 40 mph and therefore on street parking is not allowed at this location. 267 Potter Townhomes Page | 4 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 The subject property is located within the Urban Commercial Overlay Zone and therefore must comply with the criteria of Art. II, Section 4.B, Urban Landscape Code. As shown on the provided plans, the property line that abuts Federal Highway must comply with the Pedestrian Zone requirements, measured from the back of curb, including a 5’ wide street tree area where the street trees are planted in 5’ x 5’ tree wells that are covered by a walkable material, a 10’ sidewalk measured from the center line of the 5’ street tree area, followed by an 8’ wide active area, which for residential projects can be stoops, stairs, patios leading to a pedestrian door facing Federal Highway. The components of the Pedestrian Zone have been reordered on the proposed plan in attempt to avoid conflict between underground utilities and the street trees, however, continue to provide a pedestrian area with shade and direct connectivity from the four units that face Federal Highway to the public sidewalk. The 10’ wide sidewalk as measured from the back of curb for Federal Highway extends into the property by approximately 3.5 feet. As required by FDOT, this 3.5-foot-wide strip will be dedicated to FDOT so that the entire sidewalk is within the right of way. In addition to the components of the Pedestrian Zone, a 10- foot-wide general utility easement is provided, measured from the property line after the dedication, to be available to allow for future undergrounding of utilities. As discussed with City staff prior to the submission of this application, the FPL transmission lines will not be required to be buried, however the lesser utilities such as cable and phone, will be buried within the 10’ utility easement. The 10’ utility easement rather than the inside edge of the active zone, creates the build to line for the proposed buildings. According to Article II, Section 4.B.3.c, the property line abutting Potter Road does not require a landscape strip, however foundation landscape and trees are required and proposed between the proposed buildings and the road right of way. The property to the east and south is Inlet Harbor Club Condominium (IHC), a multifamily residential development built in 1976 and unusually has three different zoning designations – the main parcel with the condominium building is zoned residential (R3), but the western portion of the property that fronts Federal Highway and abuts the south side of the subject property has recreational (REC) zoning and the property that abuts the east side of the subject property has a commercial (C3) designation. Based on the current zoning designations, a Type 2 Urban Landscape Buffer with a minimum width of 12’ is required along the east property line and a Type 1 Urban Landscape Buffer with a minimum of 5’ is required along the south property line, per Chapter 4, Article II, Section 4.B.3.c.(1) and (2). A variance is proposed for the east buffer to reduce the width of the buffer to 5’ and eliminate the requirement of a 6’ high masonry wall, as further addressed below and within the Justification Statement and Responses to Code Criteria section. Along the common abutting south and east property line is a substantial existing landscape buffer with areca hedges and a chain link fence. It is obvious that these buffers were planted as part of the overall IHC development and provide separation from the subject property which has historically been used for commercial use. With this application to change the subject property from commercial to residential use, the abutting properties are more compatible with the residential use of the IHC property. Art. II, Section 4, Table 4-5 requires an Urban Landscape Barrier between incompatible uses and zoning districts; or where there are differences in density, intensity or building heights; or for those certain uses requiring additional screening in order to provide a continuous solid opaque, visual screen of at least six (6) feet in height comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and/or berm to create the necessary screening. Footnote #4 of Table 268 Potter Townhomes Page | 5 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 4-5 goes on to allow for decreases to the buffer requirement due to existing buffers and screening on abutting properties. As indicated, the IHC property has substantial areca hedges and a chain link fence on their property where it abuts the subject property. The Applicant’s Agent has also communicated with the President of the IHC HOA to not only present the proposed project, but to discuss the treatment of the common property lines. IHC has no immediate intention to modify the existing areca hedge that provides complete screening. Accordingly, this application proposes a reduction in the east landscape buffer width from 12’ to 5’ wide, however the buffer will be planted to meet the requirements of the Urban Landscape Barrier with a minimum of one (1) tree spaced every twenty (2) linear feet and two (2) staggered rows of hedges which comply with the requirements of Table 4-5 and supplements the existing screening along the east and south property lines. The proposed landscape plan provides the planting details for all perimeters of the subject site. The proposed development will meet all Concurrency requirements. Preliminary Engineering Plans, prepared by Caulfield & Wheeler, and a Traffic Study, prepared by JMD Traffic Consulting, are provided with this application for review and analysis. A Traffic Performance Standards (TPS) letter from Palm Beach County has been requested along with a School Capacity Determination letter from the School District of Palm Beach County confirming there is adequate capacity to accommodate the resident population for the 8-unit development. The Applicant will address the public art requirement, during the application and permitting process. CONCLUSION Attached are detailed responses and justification to the code required technical criteria and standards of each of the following components of this application.  Future Land Use Map Amendment from Local Retail Commercial (“LRC”) to High Density Residential, 15 dwelling units per acre (“HDR-15 du/ac”)  Rezoning from C3 to Infill Planned Unit Development (“IPUD”)  New Master Plan & New Major Site Plan  Variance for East Landscape Buffer In conclusion, the proposed development plan of an 8-unit townhome development is compatible with the surrounding residential area, it is consistent with the CRA Redevelopment Plan for the Federal corridor for the purpose and intent of the HDR-15 du/ac land use classification, and it complies with the IPUD zoning and regulations for the Future Land Use Map Amendment, Rezoning, Master & Site plan approval and Variance. Should you need any additional information, the project managers at UDS are Bradley Miller, AICP (bmiller@udsflorida.com) and Ailish Villalobos (avillalobos@udsflorida.com) who can be reached at 561-366-1100. 269 Potter Townhomes Page | 6 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 JUSTIFICATION STATEMENT & RESPONSES TO CODE CRITERIA REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS/REZONING Chapter 2, Article II, Section 2.D.3, Section 2.B.3 of the Land Development Regulations contains the following review criteria, except for city-initiated rezonings, which shall at a minimum meet criterion (b) for “Consistency” approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on the following applicable factors. Following each of these criteria is an explanation of how this application complies with each of the criteria. (a) Demonstration of Need. Whether the proposed amendments to the FLU and zoning maps are supported by the implementation of the City’s vision for, or changes in the conditions or character of development in, the area under consideration. Response: The subject property has a current land use and zoning for commercial uses, however the CRA Recommended land use is for residential development. Accordingly, this application requests a change to the land use and zoning pursuant to the adopted CRA Recommendation Plan. (b) Consistency. Whether the proposed amendments to the FLU and zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment plans, or any other current city-approved planning documents. Response: The CRA Recommendation Plan was adopted in 2017 by the City Commission to direct future development for this area and other areas within the City. These recommendations are carried out within the goals, objectives and policies of the Comprehensive Plan and Land Development regulations of which this proposed application is being reviewed for compliance. (c) Compatibility. The application shall consider whether the proposed future land use and zoning, or potential uses allowed in a proposed zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. Response: The City has planned for this property to be designated with the proposed HDR-15 DU/AC future land use by the CRA Redevelopment Plan and the IPUD zoning regulations have been established to provide for regulations for development to be compatible for smaller infill parcels such as the subject site. The IPUD regulations are found in Chapter 3, Article III, Section 2, G of the Land Development Regulations and are addressed below. In addition, the Inlet Harbor Club property that abuts the east and south boundaries of the subject site is developed as a 61-unit condominium building constructed on the eastern half of the 6.0-acre property, closer to the Intracoastal Waterway. The western portion of the Inlet Harbor Club property and those areas that abut the subject property 270 Potter Townhomes Page | 7 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 are either tennis courts or a secondary driveway from Potter Road that is gated and appears to not be routinely used by the community. As indicated above, along the common property lines of the subject site, there is a substantial areca palm hedge that is approximately 12’ high and predominately an opaque screen between the properties. East of the secondary driveway, there are single family homes along Potter Road which connects with N. Lake Drive and loops to the north to Dimick Road that also intersects with Federal Highway. The proposed residential FLUM amendment and zoning change creates a more compatible relationship with the neighborhood than the current commercial land use and zoning designations. Considering the surrounding uses, the CRA recommendation and existing vegetative screening, the proposed development is sufficiently compatible with neighborhood. (d) Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. Response: The surrounding land use pattern includes residential uses to the south, east, northeast, and west across Federal Highway. The businesses to the north are older structures, however this property has the same CRA Recommended land use of HDR as the subject property. Approval of this application consistent with the land use pattern in the area as well as the recommendation of the CRA Recommendation Plan and will not encourage piecemeal development or create an undevelopable parcel. (e) Location Efficiency. Whether the proposed amendments to the FLU and zoning maps would support complementary land uses; the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties. Response: Given the small size of this property, having a mix of land uses is unreasonable to achieve. However, the development is being proposed to comply with the sustainable criteria of the City’s LDR’s, including 4 units with EV car charging stations in unit garages (and each garage unit wired for EV car charging capabilities). The property has direct access to Federal Highway which is Palm Tran Bus Route 329 northbound and Route 177 for southbound travel. There is an existing northbound bus stop approximately 150 feet to the north of the property and an existing southbound bus stop directly across Federal Highway from the property. As such, the Applicant is in communication with Palm Tran to identify an off-site location for a bus shelter that will better serve the City of Boynton Beach, and it will be the Applicant’s responsibility to provide funding for the associated bus shelter construction costs. (f) Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI, Concurrency. Response: All public services and infrastructure required for the development are available and provided by the City of Boynton Beach. 271 Potter Townhomes Page | 8 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 (g) Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: A. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and B. Represent a potential decrease in the number of uses with high probably economic development benefits. (2) Whether the proposed rezoning/FLUM amendments would: A. Create new employment opportunities; B. Contribute to the enhancement and diversification of the City’s tax base; C. Response to the current or anticipated market demand or community needs; D. Alleviate economic obsolescence of the subject area. Response: The subject property has a current land use and zoning for commercial uses and is vacant. The CRA Recommended land use for the subject site is for residential development. Accordingly, this application requests a change to the land use and zoning pursuant to the adopted CRA Recommendation Plan which is consistent with surrounding land use pattern includes residential uses to the south, east, northeast, and west across Federal Highway. The proposed 8-townhome unit development will contribute the City’s tax base and will offer additional housing opportunities to address current community needs and market demand. (h) Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed amendments to the FLU and zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides evidence of satisfying at least two of the Direct Economic Development Benefits listed in subparagraph “g” above. Response: The 0.587-acre site is located on N. Federal Highway within the Boynton Beach CRA, Federal Highway North District. The surrounding uses include residential uses to the south, east, northeast, and west across Federal Highway. The CRA Recommended land use for the subject property is HDR. Given the small size of this property and CRA land use recommendation, it does not seem the site is suitable for commercial/industrial development. 272 Potter Townhomes Page | 9 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 REVIEW CRITERIA - INFILL PLANNED UNIT DEVELOPMENT (IPUD) Chapter 3, Article III, Section 2.G.1. of the City’s Land Development Regulations states the purpose and intent of the Infill Planned Unit Development District as well as the prerequisite location standards. This property and the proposed development are the perfect example of why these regulations were established as justified by the following according to the sequential paraphrased sections of the referenced code: The purpose of the IPUD zoning district is to implement the High Density Residential (HDR) and Special High Density Residential (SHDR) future land use map (FLUM) classifications of the Comprehensive Plan. The district is intended for infill purposes, promoting new development and redevelopment in areas located east of I-95 at densities no greater than 20 du/ac. • The Community Redevelopment Agency (CRA) has recommended that the most appropriate future land use designation for the subject site is HDR-15 DU/AC, which allows for a maximum density of 15 units per acre. • The subject site is located along Federal Highway east of I-95 within the boundary of the CRA-Federal Highway corridor and within the Urban Commercial District Overlay (UCDO). • The 0.587-acre site has a maximum build-out of 8 units based on maximum density of 15 du/ac. The IPUD district will include design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. • The design of the proposed development was generally described above and are graphically depicted by the provided plan set. The subject property is small; however the development will offer residential units with a significant amount of living space, outdoor patios/balconies, garages and recreational use areas that exceeds the IPUD criteria. The units are positioned near the roadways with pedestrian walkways and front patio areas consistent with the goals of the CRA Redevelopment Plan. • The standards for IPUD developments are flexible to allow for creative and responsible infill developments. This is a small site and will only be developed if the regulations are more flexible than standard zoning districts. The site regulations for IPUD development found in Table 3-11 mostly indicate “flexible” relative to project area, frontage and setbacks. The proposed development plan complies with the standards for IPUD developments and other applicable sections of the LDR’s. Considering the low number of units and traffic from the development, as well has when combined with driveway space behind each garage, the 20 feet is sufficient for access to all of the units as well as compliant for access by Fire/EMS vehicles and garbage vehicles. 273 Potter Townhomes Page | 10 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 • Setbacks for the building area have been established in accordance with Pedestrian Zone and the 10-foot-wide utility easement requirements along Federal Highway and with sufficient landscape areas on the three other site perimeter boundaries. Buildings are located at the build to line and outside of sight/visibility triangles yet provide a pedestrian friendly frontage with patio space and individual sidewalks leading to each unit to engage activity with the street frontage. • Although the maximum building height allowed by IPUD zoning is 45-feet, the proposed structures are designed at 35-feet, as defined by City code, for consistency with surrounding uses and architectural compliance. The IPUD shall minimize adverse impacts on surrounding property. In order to be approved an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. • The City has planned for this property to be designated with the proposed HDR- 15 du/ac future land use by the CRA Redevelopment Plan and the IPUD zoning regulations have been established to provide for regulations for development to be compatible for smaller infill parcels such as the subject site. The IPUD regulations are found in Chapter 3, Article III, Section 2, G of the Land Development Regulations and are addressed below. In addition, the Inlet Harbor Club property that abuts the east and south boundaries of the subject site is developed as a 61-unit condominium building constructed on the eastern half of the 6.0-acre property, closer to the Intracoastal Waterway. The western portion of the Inlet Harbor Club property and those areas that abut the subject property are either tennis courts or a secondary driveway from Potter Road that is gated and appears to not be used by the community. As indicated above, along the common property lines of the subject site, there is a substantial areca palm hedge that is approximately 12’ high and predominately an opaque screen between the properties. East of the secondary driveway, there are single family homes along Potter Road which connects with N. Lake Drive and loops to the north to Dimick Road that also intersects with Federal Highway. The proposed residential FLUM amendment and zoning change creates a more compatible relationship with the neighborhood than the current commercial land use and zoning designations. Considering the surrounding uses, the CRA recommendation and existing vegetative screening, the proposed development is sufficiently compatible with neighborhood. The IPUD district is optimum when there is an opportunity to promote sustainability with respect to land use, energy conservation, resource management and social equity. Rezoning to the IPUD district is encouraged for proposed development on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. 274 Potter Townhomes Page | 11 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 • The subject property and proposed development satisfy the requirements for sustainability as indicated on the provided Site Plan. This property also has direct access to both northbound and southbound Palm Tran bus stops, both of which are within 150 feet of the property. • The other locational standards only pertain to non-residential uses and therefore are not applicable to this application. The proposed development and design are consistent with the character of new development along the CRA Federal Highway corridor as well as the recommendations of the CRA Redevelopment Plan. The IPUD zoning provides the flexibility to implement the goals and policies of the CRA Plan and Comprehensive Plan. 275 Potter Townhomes Page | 12 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 REVIEW CRITERIA - MAJOR SITE PLAN APPLICATION The application process set forth in Chapter 2, Article II is established to allow City professional staff to review the proposed Master Plan and Site Plan for compliance with the review criteria and regulations of the proposed zoning district of Chapter 3, Article III and Site Development Standards described in Chapter 4, Article XII. The findings of the City staff review will be provided with a staff report to be presented to the City Commission for final action on this application request. 276 Potter Townhomes Page | 13 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 VARIANCE APPLICATION The subject site and the parcel to the east are currently and have historically been zoned for commercial uses. The adjacent parcel, however, is approved for and historically improved as a secondary driveway associated with the residential community of Inlet Harbor Club. The adjacent parcel has not been rezoned for the residential use that it serves and therefore is considered a legal nonconformity. Both the subject site and the adjacent parcel to the east are identified on the CRA Recommendation Plan for residential uses under the HDR zoning district. The proposed rezoning of the subject site for residential use adjacent to historical and existing C3 commercial zoning creates the requirement for a 12-foot-wide Type 2 Urban Landscape Buffer with a 6-foot masonry wall, according to Table 4-4 of the City’s Land Development Regulations as shown below. The actual uses of the proposed residential Potter Townhomes and the secondary driveway of the residential Inlet Harbor Club, especially with the existing hedge and the additional landscaping proposed within a 5-foot-wide buffer will provide more than sufficient screening, buffering and compatibility between the two properties. The code, however, does not provide a method for relief to this requirement, other than a variance application. Therefore, this application requests approval of a variance from Table 4- 4 Urban Landscape Buffer (Type 2) in Part III, Chapter 4, Article II, Section 4.B.c.(2) to reduce the 12-foot landscape buffer width to 5-foot and eliminate the 6-foot masonry buffer wall requirement along the eastern property line. 277 Potter Townhomes Page | 14 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 REVIEW CRITERIA - VARIANCE Chapter 2, Article II, Section 4.D.3 of the City’s Land Development Regulations states that in order for the City Commission to grant a variance, the Applicant must demonstrate that: a. The special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district. Response: The historical commercial land use and zoning on the adjacent property to the east creates the special circumstance to implement the CRA recommendation for residential use on the subject property. As indicated in the narrative, this property and the property abutting to the east are historically designated with commercial land use and zoning, however, also recommended by the CRA Redevelopment Plan to be developed with high density residential uses. This application proposes to change the zoning from commercial to residential for the subject property, which leaves the commercial designation on the property abutting to the east. Although the abutting property is currently used for access to Inlet Harbor Club Condominiums and is unlikely to ever be used for commercial uses, there is an incompatibility, or a special circumstance, with the IPUD (residential) zoning of the subject parcel and the commercial zoning of the abutting property. When there is an incompatibility of zoning between properties, the Code requires a Type 2 Urban Landscape Buffer which is 12’ wide and includes a 6’ high wall and landscaping. Given the subject site is small, it is important to efficiently design the property to allow for sufficient access, circulation, and open space. Therefore, the proposed plan has been designed with a 5’ wide buffer along the east property line versus the required 12’ wide buffer and the only method of relief to this requirement allowed by the Code is a variance application. Even though the width is reduced, there is an existing and substantial areca palm hedge on the adjacent property plus the subject property will meet the Type 2 Urban Landscape Buffer planting requirements of 1 tree spaces every 20’-30’ on center, mulched, and a continuous hedge 3’ in height within the proposed 5’ landscape buffer, adding to the screening between the two properties. Photos are provided below of the existing driveway and hedge with the subject site to the right side. 278 Potter Townhomes Page | 15 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 b. That special conditions and circumstances do not result from the actions of the Applicant for the variance. Response: The special circumstance is derived from the CRA recommendation of use from the current commercial designations to high density residential use and not the result of the Applicant. The Applicant is following the current recommendations of the City and the implementation of the CRA Redevelopment Plan for this area of Federal Highway and given the small size of the property and other design related regulations, the reduction to the width of the buffer will allow for an efficient design and maintain an adequate screen between the two properties. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same district. Response: The request of a variance similar to this would be expected for any other property with this same circumstance of incompatibility between historic commercial designation that is no longer applicable and the current proposed and recommended residential designations. d. The literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Response: Applying the literal interpretation of this section of the code would require a 12-foot-wide buffer that would reduce the developable area of a property that is small to begin with and impact the marketability of the residential units. Considering the circumstances for the variance, the variance will relieve the undue hardship and allow for an efficient design of the desired residential development. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. Response: The reduction to a 5’ wide buffer from the 12’ wide buffer is the minimum width of a buffer within the City regulations and therefore the minimum variance to allow for an efficient design of the desired residential development. 279 Potter Townhomes Page | 16 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Response: Although the variance would reduce the width of the buffer and eliminate the requirement of a wall, given the circumstances of the driveway use of the adjacent property as well as the historic commercial zoning, the existing areca palm hedge and the addition of landscaping within the proposed development will provide an abundant buffer for harmony between the two uses and not be injurious or detrimental to the area or public welfare. 280 F E C R a i l r o a dN Federal HwyPotter Rd ¹0 30 60 90 12015 Feet Zoning R3 Multi Family, 11 du/ac PUD Planned Unit Development C3 Community Commercial REC Recreation Parcel IPUD Potter Townhomes - 2508 N Federal HwyPotter Townhomes - 2508 N Federal Hwy Ex. E: Proposed ZoningEx. E: Proposed Zoning 281 11POTTER ROAD40' PUBLIC R/W (IMPROVED)NORTH FEDERAL HIGHWAY 173.28'25' X 25'SIGHT TRIANGLE156.40'153.97'157.59'EXISTING FIRE HYDRANTEXISTING CHAIN LINK FENCEREC. AREA946 ± SFREC. AREA753 ± SFLANDSCAPELANDSCAPELANDSCAPEEXISTING CHAIN LINK FENCE & ARECAHEDGE ON ADJACENT PROPERTYMAILKIOSKPROPOSED SIGNPROPOSEDPROPERTY LINE10.0' SIDEWALK8.0' ACTIVE ZONE25.0' BUILD TO LINEFROM BACK OF CURB5.0' STREETTREE WELLS10.0'UE3.3' ROW DEDICATION2 PARKING SPACESPEDESTRIAN PATHPEDESTRIAN PATH9.3' REAR SETBACK9.8' SIDESETBACK11.0' FRONTSETBACK15.0' SIDESETBACKRESIDENTIAL -TOWNHOME2,764 SF PER UNIT(A/C LIVING)2 UNITS PERBUILDING AT 3STORIES35'-0" MAX. HEIGHT5.0' URBAN LANDSCAPE BUFFER (TYPE 1)5.0' URBAN LANDSCAPE BUFFER (TYPE 2)24.0'RESIDENTIAL -TOWNHOME2,764 SF PER UNIT(A/C LIVING)2 UNITS PERBUILDING AT 3STORIES35'-0" MAX. HEIGHTRESIDENTIAL -TOWNHOME2,764 SF PER UNIT(A/C LIVING)2 UNITS PERBUILDING AT 3STORIES35'-0" MAX. HEIGHTRESIDENTIAL -TOWNHOME2,764 SF PER UNIT(A/C LIVING)2 UNITS PERBUILDING AT 3STORIES35'-0" MAX. HEIGHT12.0'12.0'FLU: R & MEDRZONING: REC & R3EXISTING USE: MF RESIDENTIAL(INLET HARBOR CONDOMINIUM)FLU: LRC ZONING: C3 EXISTING USE: MF RESIDENTIAL (LANDSCAPE/DRIVEWAY)FLU: LRC & C3ZONING: C3EXISTING USE: MEDICAL OFFICEFLU: MEDRZONING: PUDEXISTING USE: MULTI-FAMILYRESIDENTIAL FLU: LRC ZONING: C3 EXISTING USE: SF RESIDENTIALFIRE HYDRANT6.0' PUBLIC ACCESS EASEMENT5.0' PUBLIC ACCESS EASEMENT12.0'U.E.5.0'U.E.5.0'U.E.12.0'U.E.Urban DesignLand PlanningLandscape ArchitecureRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Scale:0NORTHCopyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LA0001739H:\JOBS\Potter Townhomes_(Formerly 2508 Federal)_23-001\Dwyer Construction & Development, Inc._DD_.000\Drawings\Master Plan\2024.01.15_MP_Resubmittal.dwgApril 202323-001.000JEBJEBBDMMP-1of 12023-06-26 Submittal2023-10-31 Resubmittal2024-01-12 ResubmittalCity of Boynton Beach, Florida Master Plan Potter Townhomes 40'20'10'1" = 20'-0"LOCATION MAPDEVELOPMENT TEAMOWNER / APPLICANT: DWYER CONSTRUCTION &DEVELOPMENT, INC.109 DIXIE BLVD.DELRAY BEACH, FL 33444LANDSCAPE ARCHITECT & PLANNER:URBAN DESIGN STUDIO610 CLEMATIS STREET, SUITE CU02WEST PALM BEACH, FL 33401(561) 366-1100ARCHITECT:BRENNER ARCHITECTS751 PARK OF COMMERCE DRIVE #110BOCA RATON, FL 33487(561) 241-6736SURVEYOR:CAULFIELD & WHEELER, INC.7900 GLADES ROAD, SUITE 100BOCA RATON, FL 33434(561) 392-1991CIVIL ENGINEER:CAULFIELD & WHEELER, INC.7900 GLADES ROAD, SUITE 100BOCA RATON, FL 33434(561) 392-1991 NORTHN.T.S.SITE DATAPOTTER ROADNORTH FE D E R A L H I G H W A Y SITENOTES1.THIS PLAN IS BASED ON A SURVEY PREPARED BY CAULFIELD & WHEELER, INC. DATED APRIL 2023.2.THIS PLAN IS SUBJECT TO APPLICABLE ZONING AND DEVELOPMENT REGULATIONS.3.ALL PLANS SUBMITTED FOR PERMITTING SHALL MEET THE CITY'S CODES AND THE APPLICABLE BUILDING CODES IN EFFECTAT THE TIME OF PERMIT APPLICATION.4.ALL ABOVE GROUND MECHANICAL EQUIPMENT SUCH AS, BUT NOT LIMITED TO, EXTERIOR UTILITY BOZES, METERS, ANDTRANSFORMERS SHALL BE VISUALLY SCREENED.5.CURB CUT REQUIRED WHERE ACCESS AISLE MEETS SIDEWALK.6.ALL UTILITIES ARE AVAILABLE AND WILL BE PROVIDED BY THE APPROPRIATE AGENCIES.7.ALL PLANS SUBMITTED FOR SPECIFIC PERMITS SHALL MEET THE CITY'S CODE REQUIREMENTS AT TIME OF APPLICATION.THESE PERMITS INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: SITE LIGHTING, PAVING, DRAINAGE, CURBINGLANDSCAPING AND IRRIGATION. PERMITS REQUIRED FROM OTHER PERMITTING AGENCIES SUCH AS FDOT, PBC, SFWMD,DERM, LWDD, FDEP, AND ANY OTHERS, SHALL BE INCLUDED WITH THE PERMIT REQUEST.8.ALL STRIPING AND SIGNAGE SHALL CONFORM TO THE ENGINEERING DESIGN HANDBOOK & CONSTRUCTION STANDARDS.9.THE DRAINAGE SYSTEM SHALL CONFORM TO ENGINEERING DESIGN HANDBOOK & CONSTRUCTION STANDARDS.10.ALL ELEMENTS WITHIN THE PEDESTRIAN ZONE WILL BE MAINTAINED BY THE PROPERTY OWNER(S).11.OWNER IS RESPONSIBLE FOR BUILDING FOOTPRINT, ALL OTHER AREAS WITHIN THE PROJECT SITE IS MAINTAINED BY HOA.LEGENDTYP.TYPICALSF.SQUARE FEETREC.RECREATIONOWNER / PROPERTY LINEBUILDING / SITE REGULATIONS - IPUD DISTRICT 282 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: Proposed Ordinance - This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. 283 Page 2 of 3 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): Summary of the proposed ordinance 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Good faith estimate 284 Page 3 of 3 4. Additional information the governing body deems useful (if any): Additional information the governing body deems useful (if any): [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: City staff solicited comments from businesses in the City of Boynton Beach as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on the City’s website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses). 285 City of Boynton Beach Agenda Item Request Form 8.B Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 04/16/2024 Meeting Date: 04/16/2024 Approve Development Order for a Community Design Appeal (CDPA 2024.02.16905) for Potter Townhomes of Part III, Chapter 4, Article III, Section 3.H. "Downspouts," requiring external downspouts to be enclosed within the building structure. Requested Action: Staff recommends approval of the Development Order for Community Design Appeal (CDPA 2024.02.16905) for Potter Townhomes project. Explanation of Request: The applicant is requesting approval of a Community Design Appeal of Chapter 4, Article III, Section 3.H. “downspouts,” which requires downspouts to be enclosed within the building structure on any building elevation visible from areas within the property accessible by the public, from adjoining properties within the same master development, and from public rights- of-way. In lieu of enclosing the downspouts, the applicant proposes to paint the downspouts the same color as the wall on which they are erected, therefore allowing the downspouts to blend into the building while not detracting from the appearance of the overall project. How will this affect city programs or services? N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Development_Order Potter Homes Downspouts Final.doc Staff Report.pdf Exhibit A - Justification Statement.pdf Exhibit B - Project Plans.pdf Exhibit C - Conditions of Approval.pdf 286 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME:Potter Townhomes (CDPA-2024.02.16905) APPLICANT:Peter Dwyer, B&B Florida Holdings, LLC APPLICANT’S ADDRESS:109 DIXIE BOULEVARD, DELRAY BEACH, FLORIDA 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2024 APPROVAL SOUGHT:Approve request for a Community Design Appeal (CDPA 2024.02.16905) of Part III, Chapter 4, Article III, Section 3.H. “Downspouts,” requiring external downspouts to be enclosed within the building structure. LOCATION OF PROPERTY:2508 N Federal Highway DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida, on the date of the hearing stated above. The City Commission, having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff, and the public, finds as follows: 1.Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2.The Applicant _X__ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3.The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included.” 4.The Applicant’s request is hereby _X_ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5.This Order shall take effect immediately upon issuance by the City Clerk. 6.All further development on the property shall be made in accordance with the terms and conditions of this order. 7.Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:_______________________________________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Exhibits\Community Design Appeal Exhibits\Development Order.doc 287 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 24-007 STAFF REPORT To: Mayor Ty Penserga Members of the City Commission Thru: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director From: Craig Pinder, Senior Planner Date: March 1, 2024 (CC Hearing Date: April 2, 2024) Project: Potter Townhomes – Community Design Appeal (CDPA 2024.02.16905) Request: Approve request for a Community Design Appeal (CDPA 2024.02.16905) of Part III, Chapter 4, Article III, Section 3.H. “Downspouts”, requiring external downspouts to be enclosed within the building structure. ________________ Property Owner: B&B Florida Holdings, LLC Applicant: Peter Dwyer, Dwyer Construction & Development, Inc. Agent: Bradley Miller, Urban Design Studio, LLC Location: 2508 N Federal Highway Site Details: The applicant has submitted development applications for a New Master Plan, New Major Site Plan, Future Land Use Map Amendment, Rezoning, Variance, and Community Design Appeal to construct 8 townhome units, amenities, and associated site improvements on a 0.587-acre site. NATURE OF REQUEST The applicant is requesting approval of a Community Design Appeal of Chapter 4, Article III, Section 3.H. “downspouts”, which requires downspouts to be enclosed within the building structure on any building elevation visible from areas within the property accessible by the public, from adjoining properties within the same master development, and from public rights - of-way. BACKGROUND AND ANALYSIS The application submitted for Community Design Appeal is pursuant to the Land Development 288 Potter Townhomes (CDPA 2024.02.16905) Memorandum No PZ 24-007 Page 2 Regulations (LDR) Chapter 4, Article III, Section 6.H. “downspouts”, requiring downspouts to be enclosed within the building’s structure. Any deviation from the exterior building and site design standards is subject to review and approval by the City Commission. As depicted on the building elevations (Exhibit B – Project Plans), exterior downspouts are proposed on the north and south facades of each building, and accordingly, is the subject of this appeal request. The applicant has submitted a Justification Statement (Exhibit “A”) dated February 27, 2024 addressing each of the following review criteria for such applications : a) Whether the proposed request will demonstrate consistency with the Comprehensive Plan; b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; c) On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; d) Whether the proposed request is intended to save or preserve existing trees or de sired flora; e) Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; h) Whether the proposed request is necessary to further the objectives of the City to assist with economic development and business promotion; and i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The townhouse development is comprised of four (4) buildings including a total of eight (8) dwelling units and private outdoor recreational amenities on a 0.587-acre site. As shown in the attached rendering and architectural elevations (Exhibit B – Project Plans), the downspouts are exposed on the north elevation and will be visible from Potter Road as well as on the south elevation facing the adjacent multi-family residential development (Inlet Harbor Club Condominium). Per the applicant’s Justification Statement (Exhibit A), the architect designed the downspouts to be exposed based on prior experiences where enclosed downspouts have leaked and resulted in water damage to the building. Providing the downspouts on the exte rior of the building structure will preclude any potential damage s from occurring. The strict application of the exterior building design standards, in this instance, would require the downspouts to be enclosed within the building struct ure where street level activity is anticipated to be minimal along Potter Road. Most properties along Potter Road are developed with single-family homes, which would not generate significant street level activity. In addition, this Community Design Appeal request to allow exposed downspouts will not diminish the architectural aesthetic of the building design along Potter Road. 289 Potter Townhomes (CDPA 2024.02.16905) Memorandum No PZ 24-007 Page 3 In lieu of enclosing the downspouts, the applicant proposes to paint the downspouts the same color as the wall on which they are erected, therefore allowing the downspouts to blend into the building while not detracting from the appearance of the overall project. In addition, the applicant has limited the exposed downspouts to the north and south facades near the center of the building, while the west façade facing Federal Highway and the facades facing the internal drive aisle will not have exposed downspouts. Therefore, the requested relief will have minimal impact on the exterior design of the building. RECOMMENDATION Staff has reviewed this request for Community Design Appeal approval. Based on the analysis contained herein, staff recommends approval contingent upon City Commission approval of concurrent requests for the New Master Plan, New Major Site Plan, Future Land Use Map Amendment, Rezoning, and Variance. Any conditions recommended by the City Commission shall be documented accordingly in the Conditions of Approval (Exhibit “C”). S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Community Design Appeal (CDPA-2024.02.16905)_FINAL.docx 290 Page | 1 1 , 2023 POTTER TOWNHOMES PROJECT NARRATIVE Request(s): Community Design Appeal Submitted: February 27, 2024 The property that is the subject of this application is 0.587-acres, located at the southeast corner of N. Federal Highway and Potter Road, approximately 0.14 miles north of E. Gateway Boulevard and is undeveloped (subject site”). On behalf of Dwyer Construction & Development, Inc. (“Applicant”), Urban Design Studio has prepared and hereby respectfully submits this application to request development approval to improve the subject site with an 8- unit (fee simple) townhouse development. The subject site consists of a single parcel of land, as identified by the Palm Beach County Property Appraiser via PCN 08-43-45-15-02-000-1250, with a physical address of 2508 N. Federal Highway. The subject site has a future land use designation of Local Retail Commercial (“LRC”) and is located within the C3 commercial zoning district and Urban Commercial District Overlay (“UCDO”). The CRA Recommended FLU designation is High Density Residential (HDR) which allows 15 dwelling units/per acre. As confirmed with City Staff at a Pre-Application meeting on April 18, 2023, to achieve the development proposal, the following application approvals are being requested and have been filed under City Project/Case File Number CPTA, REZN, NMP, NWSP-2023.06.12894:  Future Land Use Map Amendment from Local Retail Commercial (“LRC”) to High Density Residential, 15 dwelling units per acre (“HDR-15 du/ac”)  Rezoning from C3 to Infill Planned Unit Development (“IPUD”)  New Master Plan & New Major Site Plan  Variance for East Landscape Buffer In addition to the above, the Applicant is requesting approval of a (concurrent) Community Design Appeal from City Code Chapter 4, Article III, Sec. 3. H to allow for external downspouts on the north and south ends of each building. In granting relief to any community design standard of Chapter 4, the City Commission must find that the subject appeal meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design will result. Provided herein is the project information and responses to criteria which justify the application for appeal. 291 Potter Townhomes Page | 2 Justification Statement Community Design Appeal PROJECT INFORMATION Applicant Dwyer Construction & Development, Inc. Owner B&B Florida Holdings, LLC Agent Urban Design Studio, Bradley Miller, AICP / Ailish Villalobos Site Location Southeast corner of N. Federal Hwy and Potter Rd, approx. 0.14 miles north of E. Gateway Blvd PCN’s 08-43-45-15-02-000-1250 Existing FLU Local Retail Commercial (LRC) Proposed FLU High Density Residential (HDR – 15 du/ac) Existing Zoning C3 Proposed Zoning Infill Planned Unit Development (IPUD) Existing Use(s) Vacant Commercial Proposed Use(s) 8-unit (fee simple) townhouse development Site Area 0.587-acres (25,591 square feet) SURROUNDING PROPERTY North: Developed commercial property (medical office) designated LRC and zoned C3; and vacant commercial property designated LRC and zoned C3. South: Developed multi-family residential property (Inlet Harbor Condominium) designated Recreation (“R”) and Medium Residential, 11 du/ac (“MEDR”) and zoned REC and R3. East: Developed secondary driveway that is gated (and does not appear to be in use) for multi-family residential property (Inlet Harbor Condominium) designated LRC and zoned C3. West: Right-of-way for Federal Highway and FEC Railroad, followed by developed multi-family residential property (Crossings of Boynton Beach) designated MEDR, 11 du/ac and zoned Planned Unit Development (“PUD”). PROPOSED DEVELOPMENT DESCRIPTION Potter Townhomes is a proposed 8 unit (fee simple) townhouse development on 0.587-acres bordered to the east and south by a multi-family development known as Inlet Harbor Condominiums (specifically the east side is a secondary driveway that is gated and appears to not be used and the south side is a recreational component); to the north is Potter Road right- of-way followed by developed commercial (medical office) use; and to the west is Federal Highway right-of-way, FEC Railroad right-of-way, followed by a multi-family residential development known as Crossings of Boynton Beach). The subject property is comprised of one parcel and is currently vacant. 292 Potter Townhomes Page | 3 Justification Statement Community Design Appeal The project proposes one point of ingress/egress located on Potter Road. There are 4 buildings with two units in each that are intended to be sold as fee simple units with an internal driveway from Potter Road. Each unit is three stories in height, consists of approximately 2,759 square feet of air-conditioned space, a 2-car garage and covered patio. COMMUNITY DESIGN APPEAL This application requests an appeal of the requirement of City Code Chapter 4, Article III, Sec. 3. H. provided below. Downspouts. External downspouts shall be enclosed within the building structure on any building elevation visible from areas within the property accessible by the public, from adjoining properties within the same master development (including drive aisles and parking facilities), and from public rights-of-way. Downspout enclosures shall be incorporated into the design of the building and be complimentary to architecture. For example, downspouts may be enclosed in columns or pilasters if such features are used elsewhere on the building or are consistent with the building's architectural style. The four buildings for this project propose exterior downspouts on the north and south ends of each building as shown in the provided architectural rendering and elevations, prepared by Brenner Architecture Group, LLC. The Architect specifically designed the downspouts to not be enclosed within the building structure based on prior experiences where enclosed downspouts have leaked and cause water damage to the building. Having the downspouts on the outside will avoid that potential damage but can be architecturally treated to blend into the building. Accordingly, this application is requesting an appeal of the code requirement and allow the downspouts to be constructed on the exterior of the building. In granting relief to any community design standard of Chapter 4, the City Commission must find that the subject appeal meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design will result. The following review criteria shall be used to justify an application for appeal: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan. Response: this request will not adversely affect the aesthetics of the buildings as seen by the public and therefore the project remains consistent with the Comprehensive Plan. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. Response: as shown by the attached architectural rendering, the proposed downspouts will be painted the same color as the wall behind them, therefore they will blend into the building and not detract from the appearance of the overall project. 293 Potter Townhomes Page | 4 Justification Statement Community Design Appeal c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. Response: it is understood that the intent of this code requirement is for downspouts to be hidden from view and not be detrimental to the architecture. Architecture has evolved where in more current contemporary architecture, downspouts are often utilized as design features to enhance the architectural aesthetics of a building while providing the practical function of removing water from the roof. In this case the downspouts are proposed to be painted same as the wall they are applied to, so they blend in with the wall, which is still meeting the purpose of the requirement. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1) Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and (2) Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health, and species of trees sought to be protected. Response: this criterion does not apply to the appealed design requirement. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. Response: the reason for this request is to avoid potential water damage impacts to the building. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Response: the proposed development and this request will improve a vacant property that historically has been used and designated for commercial uses with a beautiful residential development which otherwise is in compliance with code. With the development, it is anticipated that property values in the area will be enhanced. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Response: this request will have no effect on the quality or quantity of light and air available to adjacent properties. h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. Response: the proposed development and this request will improve a vacant property that historically has been used for commercial uses but is now designated for mixed use or residential uses along the Federal Highway corridor as recommended by the CRA Recommendation Plan. The new development will assist with economic 294 Potter Townhomes Page | 5 Justification Statement Community Design Appeal development of the vacant parcel and provide housing for residents to utilize and support surrounding businesses. CONCLUSION Based on the responses to the criteria above, we respectfully request the support and approval of this Community Design Appeal application being submitted concurrently with application CPTA, REZN, NMP, NWSP-2023.06.12894 for approval of a Future Land Use Map Amendment, Rezoning, New Master Plan & New Major Site Plan, and Variance for East Landscape Buffer to allow for an 8-unit (fee simple) townhouse development on the subject property. Should you need any additional information, the project managers at UDS are Bradley Miller, AICP (bmiller@udsflorida.com) and Ailish Villalobos (avillalobos@udsflorida.com) who can be reached at 561-366-1100. 295 3-STORY MULTI-FAMILYRESIDENCES - BLDG. C & D@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S296 C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. A & B@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S297 C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. A & B@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S298 C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. A & B@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S299 C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. C & D@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S300 C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. C & D@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S301 C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. C & D@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S302 EXHIBIT “C” Conditions of Approval Project Name: Potter Townhomes File number: CDPA-2024.02.16905 Reference: 3rd review of plans identified as a New Master Plan and New Major Site Plan submitted on January 16, 2024. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING No Comments CITY COMMISSION No Comments 303 City of Boynton Beach Agenda Item Request Form 8.C Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 04/16/2024 Meeting Date: 04/16/2024 Approve Development Order for Variance 2024.02.16905 for Part III, Chapter 4, Article II, Section 4.B.3.c- Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer and the elimination of the requirement to provide a six (6) foot high masonry wall for the Potter Townhomes project. Requested Action: Staff recommends approval of the Development Order for the requested relief (Variance - 2023.06.12894) for the Potter Townhomes project. Explanation of Request: The subject property is a vacant parcel totaling approximately 0.587 acres. The site is located within the Federal Highway District as defined by the CRA Community Redevelopment Plan (CRA Plan) and within the Urban Commercial District Overlay. Proposed on this vacant parcel is “Potter Townhomes,” a planned unit development currently under review for several concurrent applications, including a New Master Plan, New Site Plan, Future Land Use Map Amendment, Rezoning, and Community Design Appeal. The development proposal includes eight (8) townhome units located within four (4) 2-unit buildings (Exhibit B – Project Plans). Pursuant to Part III, Chapter 4, Article II, Section 4.3.c, the project is required to provide an Urban Landscape Buffer (Type 2) along the east property line, which includes a minimum twelve (12) foot wide landscape buffer, comprised of trees, hedges, shrubs, and a six (6) foot high masonry wall. This landscape buffer is required to provide adequate screening between the proposed Infill Planned Unit Development (IPUD) zoning district and the adjacent Community Commercial (C-3) zoned property. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Development_Order Potter Townhomes Final.doc Staff Report.pdf 304 Exhibit A - Justification Statement.pdf Exhibit B - Project Plans.pdf Exhibit C - Conditions of Approval.pdf 305 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME:Potter Townhomes (Variance - 2024.02.16905) APPLICANT:Peter Dwyer, B&B Florida Holdings, LLC APPLICANT’S ADDRESS:109 DIXIE BOULEVARD, DELRAY BEACH, FLORIDA 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2024 APPROVAL SOUGHT:Approval of relief (Variance – 2023.06.12894) from Part III, Chapter 4, Article II, Section 4.B.3.c – Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer, and the elimination of the requirement to provide a six (6) foot high masonry wall. LOCATION OF PROPERTY:2508 N Federal Highway DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida, on the date of the hearing stated above. The City Commission, having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff, and the public, finds as follows: 1.Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2.The Applicant _X__ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3.The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included.” 4.The Applicant’s request is hereby _X_ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5.This Order shall take effect immediately upon issuance by the City Clerk. 6.All further development on the property shall be made in accordance with the terms and conditions of this order. 7.Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:_______________________________________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Exhibits\Variance Exhibits\Development Order.doc 306 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Variance Staff Report (ZCVL-2023.06.12894)_FINAL.docx DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 24-008 STAFF REPORT To: Mayor Ty Penserga Members of the City Commission Thru: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director From: Craig Pinder, Senior Planner Date: March 1, 2024 (CC Hearing Date: April 2, 2024) Project: Potter Townhomes – 2508 N Federal Highway (Variance - 2023.06.12894) Requests: Relief from Part III, Chapter 4, Article II, Section 4.B.3.c – Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer, and the elimination of the requirement to provide a six (6) foot high masonry wall. BACKGROUND The subject property is a vacant parcel totaling approximately 0.587-acres. The site is located within the Federal Highway District as defined by the CRA Community Redevelopment Plan (CRA Plan) and within the Urban Commercial District Overlay. Proposed on this vacant parcel is “Potter Townhomes”, a planned unit development currently under review for several concurrent applications, including a New Master Plan, New Site Plan, Future Land Use Map Amendment, Rezoning, and Community Design Appeal. The development proposal includes eight (8) townhome units, located within four (4) 2-unit buildings (Exhibit B – Project Plans). Pursuant to Part III, Chapter 4, Article II, Section 4.3.c, the project is required to provide an Urban Landscape Buffer (Type 2) along the east property line, which includes a minimum twelve (12) foot wide landscape buffer, comprised of trees, hedges, shrubs, and a six (6) foot high masonry wall. This landscape buffer is required to provide adequate screening between the proposed Infill Planned Unit Development (IPUD) zoning district and the adjacent Community Commercial (C-3) zoned property. PROPOSAL The applicant proposes to provide a landscape buffer with a width of five (5) feet along the east property line in lieu of the required Urban Landscape Buffer (Type 2) by code. Within this five (5) feet wide buffer, the applicant proposes five (5) canopy trees (one tree per 30 linear feet), and two rows of continuous shrubs at varying heights. The applicant is requesting approval of a Variance to reduce the buffer width from twelve (12) feet to five (5) feet and eliminate the required six (6) foot high masonry wall. 307 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Variance Staff Report (ZCVL-2023.06.12894)_FINAL.docx ANALYSIS The City Commission has the authority and duty to authorize such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of an ordinance, the applicant must demonstrate that the request meets the following criteria (a-g). The applicant’s justification and response to these criteria is attached (see Exhibit A - Justification Statement). a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The project site abuts a developed property (Inlet Harbor Club Condominium) along the east and south property lines, that has split zoning with the following zoning districts: Community Commercial (C-3), Recreation (REC), and Multi-family Residential (R-3). The east property line of the project site abuts the portion of the multi-family development zoned C-3. Due to the incompatibility between the C-3 zoning district and the proposed Infill Planned Unit Development (IPUD) zoning district, the Land Development Regulations (LDR) requires a Type 2 Landscape Buffer along the east property line. This presents a special circumstance because the existing use of the adjacent property is multi-family residential, which is a compatible use with the proposed zoning district of the project site. The intent of the landscape buffer requirements is to ensure that adequate screening is provided between incompatible uses and uses with differing densities. A Type 1 Landscape Buffer with a minimum width of five (5) feet would typically be required between an IPUD zoning district and an R-3 zoning district with similar densities, therefore the split zoning of the adjacent parcel presents a special circumstance that is applicable to the project site. Additionally, a densely planted continuous Areca palm hedge is existing within the neighboring property abutting the proposed Type 1 Landscape Buffer. The required six (6) foot high masonry wall, a part of Type 2 Landscape Buffer, can create concern and undesirable space based on principles of Crime Prevention Through Environmental Design (CPTED). b. That the special conditions and circumstances do not result from the actions of the applicant. As noted above, the Type 2 landscape buffer is required due to abutting the portion of the adjacent property zoned C-3; however, the existing use of the property is a multi-family residential use which is compatible with the proposed project. In addition, as stated in the applicant’s narrative response, the proposed land use change from commercial to residential is consistent with the CRA Plan’s recommended land use and is compatible with the existing neighboring multi-family development (Inlet Harbor Club Condominium). Therefore, the request for a reduction in the width of the required landscape buffer from twelve (12) feet to five (5) feet and the elimination of the requirement to provide a six (6) foot high masonry wall is consistent with intent of the LDR. 308 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Variance Staff Report (ZCVL-2023.06.12894)_FINAL.docx c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The proposed landscape buffer along the east property line would typically be required between multi-family developments with similar densities, therefore, granting this Variance request would not confer any special privilege to the applicant that would be denied to other lands, buildings, or structures with a similar scenario. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. The literal interpretation of the provisions of this ordinance may make the proposed development less feasible by requiring a twelve (12) foot wide landscape buffer. As previously mentioned, a Type 1 Landscape Buffer would typically be required between multi- family residential properties with similar densities within a compatible zoning district. This is evidenced along the south property line of the project site where a Type 1 Landscape Buffer is required due to that portion of the Inlet Harbor Club Condominium development being zoned REC. As such, requiring a Type 2 Landscape Buffer along the east property line to provide screening from the same neighboring development would deprive the applicant of the same right enjoyed along the south property line and the rights enjoyed by other multi - family residential properties abutting a compatible use. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. The requested reduction from the twelve (12) foot wide landscape buffer and elimination of the six (6) foot high masonry wall is consistent with the minimum landscape buffer requirements as evidenced with the proposed Type 1 landscape buffer along the south property line. As previously mentioned, the required landscape material for the Type 2 Landscape Buffer will be planted within the proposed buffer in order to provide sufficient visual barrier. Furthermore, a twelve (12) foot wide landscape buffer will negatively impact vehicular circulation and outdoor recreation space for the future residents. The applicant also notes that the requested variance would allow for an efficient site design for the residential development. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the variance is consistent with the intent and purpose of the LDRs. Landscape buffers are generally intended to reduce the visual impact of differences in development intensities, provide distance between properties to mitigate noise and odors, increase the durability of landscape material in order to withstand environmental hazards, and improve the aesthetic appearance of developments. As noted above, the applicant proposes the landscape buffer that is consistent with the buffer required along the south property line and also consistent with landscape buffers required between properties with compatible uses with similar densities. Furthermore, based on the applicant’s justification statement, the 309 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Variance Staff Report (ZCVL-2023.06.12894)_FINAL.docx existing use of the adjacent property serves as a secondary entrance to the Inlet Harbor Club Condominium development. The proposed landscape buffer will provide adequate screening and will not be injurious to the neighboring property or detrimental to the public welfare. CONCLUSIONS / RECOMMENDATION Staff recommends APPROVAL of this variance request, based on the following justification: 1. The uniqueness of the property, abutting a compatible multi-family residential use that would otherwise require a five (5) foot wide landscape buffer. 2. The reduction of the landscape buffer and elimination of the six (6) foot high masonry wall are consistent with the Type 1 Landscape Buffer required along the south property line, which is abutting the same existing multi-family development (Inlet Harbor Club Condominiums). 3. The request provides adequate separation and screening between both properties, while maintaining consistency with the general intent of the Land Development Regulations. Staff has reviewed this request for a Variance to the Land Development Regulations and recommends APPROVAL based on the analysis and justification contained herein. Staff does not have any conditions for the requested Variance, however, any conditions recommended by the City Commission shall be documented accordingly in the Conditions of Approval in Exhibit “C”. 310 Page | 1 1 , 2023 POTTER TOWNHOMES PROJECT NARRATIVE Request(s): Future Land Use Map Amendment, Rezoning, New Master Plan & Site Plan, Variance Application No: CPTA, REZN, NMP, NWSP-2023.06.12894 Submitted: June 27, 2023 Resubmitted: November 1, 2023/January 12, 2024 The property that is the subject of this application is 0.587-acres, located at the southeast corner of N. Federal Highway and Potter Road, approximately 0.14 miles north of E. Gateway Boulevard and is undeveloped (subject site”). On behalf of Dwyer Construction & Development, Inc. (“Applicant”), Urban Design Studio has prepared and hereby respectfully submits this application to request development approval to improve the subject site with an 8- unit (fee simple) townhouse development. The subject site consists of a single parcel of land, as identified by the Palm Beach County Property Appraiser via PCN 08-43-45-15-02-000-1250, with a physical address of 2508 N. Federal Highway. The subject site has a future land use designation of Local Retail Commercial (“LRC”) and is located within the C3 commercial zoning district and Urban Commercial District Overlay (“UCDO”). The CRA Recommended FLU designation is High Density Residential (HDR) which allows 15 dwelling units/per acre. As confirmed with City Staff at a Pre-Application meeting on April 18, 2023, to achieve the development proposal, the following application approvals are being requested:  Future Land Use Map Amendment from Local Retail Commercial (“LRC”) to High Density Residential, 15 dwelling units per acre (“HDR-15 du/ac”)  Rezoning from C3 to Infill Planned Unit Development (“IPUD”)  New Master Plan & New Major Site Plan  Variance for East Landscape Buffer PROJECT INFORMATION Applicant Dwyer Construction & Development, Inc. Owner B&B Florida Holdings, LLC Agent Urban Design Studio, Bradley Miller, AICP / Ailish Villalobos Site Location Southeast corner of N. Federal Hwy and Potter Rd, approx. 0.14 miles north of E. Gateway Blvd PCN’s 08-43-45-15-02-000-1250 Existing FLU Local Retail Commercial (LRC) Proposed FLU High Density Residential (HDR – 15 du/ac) Existing Zoning C3 Proposed Zoning Infill Planned Unit Development (IPUD) Existing Use(s) Vacant Commercial Proposed Use(s) 8-unit (fee simple) townhouse development Site Area 0.587-acres (25,591 square feet) 311 Potter Townhomes Page | 2 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 SURROUNDING PROPERTY North: Developed commercial property (medical office) designated LRC and zoned C3; and vacant commercial property designated LRC and zoned C3. South: Developed multi-family residential property (Inlet Harbor Condominium) designated Recreation (“R”) and Medium Residential, 11 du/ac (“MEDR”) and zoned REC and R3. East: Developed secondary driveway that is gated (and does not appear to be in use) for multi-family residential property (Inlet Harbor Condominium) designated LRC and zoned C3. West: Right-of-way for Federal Highway and FEC Railroad, followed by developed multi-family residential property (Crossings of Boynton Beach) designated MEDR, 11 du/ac and zoned Planned Unit Development (“PUD”). PROPOSED DEVELOPMENT DESCRIPTION Potter Townhomes is a proposed 8 unit (fee simple) townhouse development on 0.587-acres bordered to the east and south by a multi-family development known as Inlet Harbor Condominiums (specifically the east side is a secondary driveway that is gated and appears to not be used and the south side is a recreational component); to the north is Potter Road right- of-way followed by developed commercial (medical office) use; and to the west is Federal Highway right-of-way, FEC Railroad right-of-way, followed by a multi-family residential development known as Crossings of Boynton Beach). The subject property is comprised of one parcel and is currently vacant. The existing commercial land use and zoning of the subject property comes from the historic commercial corridor of Federal Highway, dating back to days prior to the construction of I-95. More recently, the City adopted a recommendation from the Community Redevelopment Agency (CRA) that the most appropriate future land use designation for the subject site is HDR- 15 du/ac. Under the HDR land use classification and IPUD zoning district, the maximum allowable density is 15 dwelling units per acre, which would allow the Applicant a maximum of 8 dwelling units on the subject site. Townhouses are permitted uses in the IPUD zoning district. The intent of the proposed project is to provide a fee simple – for sale residential community. The project proposes one point of ingress/egress located on Potter Road. There are 4 buildings with two units in each that are intended to be sold as fee simple units with an internal driveway from Potter Road. Each unit is three stories in height, consists of approximately 2,759 square feet of air-conditioned space, a 2-car garage and covered patio. The ground floors include a foyer at the front door, a “game room/den” area, guest room and a full bathroom. The second floors have a living room, family room, kitchen, dining area and a half bathroom. The third floors have three additional bedrooms and two full bathrooms. A breakdown of the unit area tabulation is provided below: 312 Potter Townhomes Page | 3 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 UNIT AREA TABULATION AREA SQ. FT. GROUND FLOOR A/C 663 SECOND FLOOR A/C 1010 THIRD FLOOR A/C 1086 TOTAL A/C 2759 COVERED ENTRY 28 2-CAR GARAGE 434 COVERED PATIO 90 2ND FLOOR BALCONIES 167 3RD FLOOR BALCONY 53 TOTAL CONSTRUCTION 3531 Each unit will be provided with a city trash roll-out bin which will be individually stored within the unit garage and rolled out to Potter Road for pick up and returned to garages on designated days. Bulk trash pick-up will be handed by calling City Utilities for a special pick up. Provided within the site are two recreational amenity areas which are located in the middle and northeast portions of the site. The recreational area totals to 1,620 square feet which complies with the IPUD requirement of 200 square feet per unit or 1,600 square feet. A cabana feature is provided within the centrally located recreation space, which fronts Federal Highway, and the northeastern area is suitable for a dog walking area. There is also a community mail kiosk station provided at the southern end of the site. The maximum building coverage in the IPUD zoning district is 50%, which equates to 12,795 for the 0.587-acre site. Provided is a total building coverage of 37.4% (9,496 square feet) which is below the allowable amount, along with 29% (7,493 square feet) of open space area and 33.6% (8,620 square feet) of hardscape. While the IPUD zoning district is flexible on minimum building setback requirements, the proposed setbacks have been provided for compatibility purposes to mirror the surrounding uses. The maximum height of buildings in the IPUD zoning district is 45-feet, all proposed structures are provided at 35’-0” in compliance. Building elevations and floor plans, prepared by Brenner Architects are provided with this application for further detail. Based on the proposed 8-unit development and code parking requirement at 2 parking spaces per unit, along with 0.15 parking spaces per unit for guest parking, that would equate to a total of 18 parking spaces required. Each unit will have a 2-car garage which will provide for 16 parking spaces. Each garage will be regulated by property owner documents to park their vehicles within the garage only and the garages will be pre-wired for EV connections. There are 2 parallel guest parking spaces provided on Potter Road for a total parking count of 18 parking spaces, which meets and exceeds the parking space requirement. On street parking on Federal Highway has been considered, however, based on FDOT Design Manual, section 210.2.3 allows on street parking for roads with posted speeds of 35 mph or less. The posted speed limit in this area of Federal Highway is 40 mph and therefore on street parking is not allowed at this location. 313 Potter Townhomes Page | 4 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 The subject property is located within the Urban Commercial Overlay Zone and therefore must comply with the criteria of Art. II, Section 4.B, Urban Landscape Code. As shown on the provided plans, the property line that abuts Federal Highway must comply with the Pedestrian Zone requirements, measured from the back of curb, including a 5’ wide street tree area where the street trees are planted in 5’ x 5’ tree wells that are covered by a walkable material, a 10’ sidewalk measured from the center line of the 5’ street tree area, followed by an 8’ wide active area, which for residential projects can be stoops, stairs, patios leading to a pedestrian door facing Federal Highway. The components of the Pedestrian Zone have been reordered on the proposed plan in attempt to avoid conflict between underground utilities and the street trees, however, continue to provide a pedestrian area with shade and direct connectivity from the four units that face Federal Highway to the public sidewalk. The 10’ wide sidewalk as measured from the back of curb for Federal Highway extends into the property by approximately 3.5 feet. As required by FDOT, this 3.5-foot-wide strip will be dedicated to FDOT so that the entire sidewalk is within the right of way. In addition to the components of the Pedestrian Zone, a 10- foot-wide general utility easement is provided, measured from the property line after the dedication, to be available to allow for future undergrounding of utilities. As discussed with City staff prior to the submission of this application, the FPL transmission lines will not be required to be buried, however the lesser utilities such as cable and phone, will be buried within the 10’ utility easement. The 10’ utility easement rather than the inside edge of the active zone, creates the build to line for the proposed buildings. According to Article II, Section 4.B.3.c, the property line abutting Potter Road does not require a landscape strip, however foundation landscape and trees are required and proposed between the proposed buildings and the road right of way. The property to the east and south is Inlet Harbor Club Condominium (IHC), a multifamily residential development built in 1976 and unusually has three different zoning designations – the main parcel with the condominium building is zoned residential (R3), but the western portion of the property that fronts Federal Highway and abuts the south side of the subject property has recreational (REC) zoning and the property that abuts the east side of the subject property has a commercial (C3) designation. Based on the current zoning designations, a Type 2 Urban Landscape Buffer with a minimum width of 12’ is required along the east property line and a Type 1 Urban Landscape Buffer with a minimum of 5’ is required along the south property line, per Chapter 4, Article II, Section 4.B.3.c.(1) and (2). A variance is proposed for the east buffer to reduce the width of the buffer to 5’ and eliminate the requirement of a 6’ high masonry wall, as further addressed below and within the Justification Statement and Responses to Code Criteria section. Along the common abutting south and east property line is a substantial existing landscape buffer with areca hedges and a chain link fence. It is obvious that these buffers were planted as part of the overall IHC development and provide separation from the subject property which has historically been used for commercial use. With this application to change the subject property from commercial to residential use, the abutting properties are more compatible with the residential use of the IHC property. Art. II, Section 4, Table 4-5 requires an Urban Landscape Barrier between incompatible uses and zoning districts; or where there are differences in density, intensity or building heights; or for those certain uses requiring additional screening in order to provide a continuous solid opaque, visual screen of at least six (6) feet in height comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and/or berm to create the necessary screening. Footnote #4 of Table 314 Potter Townhomes Page | 5 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 4-5 goes on to allow for decreases to the buffer requirement due to existing buffers and screening on abutting properties. As indicated, the IHC property has substantial areca hedges and a chain link fence on their property where it abuts the subject property. The Applicant’s Agent has also communicated with the President of the IHC HOA to not only present the proposed project, but to discuss the treatment of the common property lines. IHC has no immediate intention to modify the existing areca hedge that provides complete screening. Accordingly, this application proposes a reduction in the east landscape buffer width from 12’ to 5’ wide, however the buffer will be planted to meet the requirements of the Urban Landscape Barrier with a minimum of one (1) tree spaced every twenty (2) linear feet and two (2) staggered rows of hedges which comply with the requirements of Table 4-5 and supplements the existing screening along the east and south property lines. The proposed landscape plan provides the planting details for all perimeters of the subject site. The proposed development will meet all Concurrency requirements. Preliminary Engineering Plans, prepared by Caulfield & Wheeler, and a Traffic Study, prepared by JMD Traffic Consulting, are provided with this application for review and analysis. A Traffic Performance Standards (TPS) letter from Palm Beach County has been requested along with a School Capacity Determination letter from the School District of Palm Beach County confirming there is adequate capacity to accommodate the resident population for the 8-unit development. The Applicant will address the public art requirement, during the application and permitting process. CONCLUSION Attached are detailed responses and justification to the code required technical criteria and standards of each of the following components of this application.  Future Land Use Map Amendment from Local Retail Commercial (“LRC”) to High Density Residential, 15 dwelling units per acre (“HDR-15 du/ac”)  Rezoning from C3 to Infill Planned Unit Development (“IPUD”)  New Master Plan & New Major Site Plan  Variance for East Landscape Buffer In conclusion, the proposed development plan of an 8-unit townhome development is compatible with the surrounding residential area, it is consistent with the CRA Redevelopment Plan for the Federal corridor for the purpose and intent of the HDR-15 du/ac land use classification, and it complies with the IPUD zoning and regulations for the Future Land Use Map Amendment, Rezoning, Master & Site plan approval and Variance. Should you need any additional information, the project managers at UDS are Bradley Miller, AICP (bmiller@udsflorida.com) and Ailish Villalobos (avillalobos@udsflorida.com) who can be reached at 561-366-1100. 315 Potter Townhomes Page | 6 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 JUSTIFICATION STATEMENT & RESPONSES TO CODE CRITERIA REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS/REZONING Chapter 2, Article II, Section 2.D.3, Section 2.B.3 of the Land Development Regulations contains the following review criteria, except for city-initiated rezonings, which shall at a minimum meet criterion (b) for “Consistency” approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on the following applicable factors. Following each of these criteria is an explanation of how this application complies with each of the criteria. (a) Demonstration of Need. Whether the proposed amendments to the FLU and zoning maps are supported by the implementation of the City’s vision for, or changes in the conditions or character of development in, the area under consideration. Response: The subject property has a current land use and zoning for commercial uses, however the CRA Recommended land use is for residential development. Accordingly, this application requests a change to the land use and zoning pursuant to the adopted CRA Recommendation Plan. (b) Consistency. Whether the proposed amendments to the FLU and zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment plans, or any other current city-approved planning documents. Response: The CRA Recommendation Plan was adopted in 2017 by the City Commission to direct future development for this area and other areas within the City. These recommendations are carried out within the goals, objectives and policies of the Comprehensive Plan and Land Development regulations of which this proposed application is being reviewed for compliance. (c) Compatibility. The application shall consider whether the proposed future land use and zoning, or potential uses allowed in a proposed zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. Response: The City has planned for this property to be designated with the proposed HDR-15 DU/AC future land use by the CRA Redevelopment Plan and the IPUD zoning regulations have been established to provide for regulations for development to be compatible for smaller infill parcels such as the subject site. The IPUD regulations are found in Chapter 3, Article III, Section 2, G of the Land Development Regulations and are addressed below. In addition, the Inlet Harbor Club property that abuts the east and south boundaries of the subject site is developed as a 61-unit condominium building constructed on the eastern half of the 6.0-acre property, closer to the Intracoastal Waterway. The western portion of the Inlet Harbor Club property and those areas that abut the subject property 316 Potter Townhomes Page | 7 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 are either tennis courts or a secondary driveway from Potter Road that is gated and appears to not be routinely used by the community. As indicated above, along the common property lines of the subject site, there is a substantial areca palm hedge that is approximately 12’ high and predominately an opaque screen between the properties. East of the secondary driveway, there are single family homes along Potter Road which connects with N. Lake Drive and loops to the north to Dimick Road that also intersects with Federal Highway. The proposed residential FLUM amendment and zoning change creates a more compatible relationship with the neighborhood than the current commercial land use and zoning designations. Considering the surrounding uses, the CRA recommendation and existing vegetative screening, the proposed development is sufficiently compatible with neighborhood. (d) Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. Response: The surrounding land use pattern includes residential uses to the south, east, northeast, and west across Federal Highway. The businesses to the north are older structures, however this property has the same CRA Recommended land use of HDR as the subject property. Approval of this application consistent with the land use pattern in the area as well as the recommendation of the CRA Recommendation Plan and will not encourage piecemeal development or create an undevelopable parcel. (e) Location Efficiency. Whether the proposed amendments to the FLU and zoning maps would support complementary land uses; the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties. Response: Given the small size of this property, having a mix of land uses is unreasonable to achieve. However, the development is being proposed to comply with the sustainable criteria of the City’s LDR’s, including 4 units with EV car charging stations in unit garages (and each garage unit wired for EV car charging capabilities). The property has direct access to Federal Highway which is Palm Tran Bus Route 329 northbound and Route 177 for southbound travel. There is an existing northbound bus stop approximately 150 feet to the north of the property and an existing southbound bus stop directly across Federal Highway from the property. As such, the Applicant is in communication with Palm Tran to identify an off-site location for a bus shelter that will better serve the City of Boynton Beach, and it will be the Applicant’s responsibility to provide funding for the associated bus shelter construction costs. (f) Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI, Concurrency. Response: All public services and infrastructure required for the development are available and provided by the City of Boynton Beach. 317 Potter Townhomes Page | 8 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 (g) Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: A. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and B. Represent a potential decrease in the number of uses with high probably economic development benefits. (2) Whether the proposed rezoning/FLUM amendments would: A. Create new employment opportunities; B. Contribute to the enhancement and diversification of the City’s tax base; C. Response to the current or anticipated market demand or community needs; D. Alleviate economic obsolescence of the subject area. Response: The subject property has a current land use and zoning for commercial uses and is vacant. The CRA Recommended land use for the subject site is for residential development. Accordingly, this application requests a change to the land use and zoning pursuant to the adopted CRA Recommendation Plan which is consistent with surrounding land use pattern includes residential uses to the south, east, northeast, and west across Federal Highway. The proposed 8-townhome unit development will contribute the City’s tax base and will offer additional housing opportunities to address current community needs and market demand. (h) Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed amendments to the FLU and zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides evidence of satisfying at least two of the Direct Economic Development Benefits listed in subparagraph “g” above. Response: The 0.587-acre site is located on N. Federal Highway within the Boynton Beach CRA, Federal Highway North District. The surrounding uses include residential uses to the south, east, northeast, and west across Federal Highway. The CRA Recommended land use for the subject property is HDR. Given the small size of this property and CRA land use recommendation, it does not seem the site is suitable for commercial/industrial development. 318 Potter Townhomes Page | 9 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 REVIEW CRITERIA - INFILL PLANNED UNIT DEVELOPMENT (IPUD) Chapter 3, Article III, Section 2.G.1. of the City’s Land Development Regulations states the purpose and intent of the Infill Planned Unit Development District as well as the prerequisite location standards. This property and the proposed development are the perfect example of why these regulations were established as justified by the following according to the sequential paraphrased sections of the referenced code: The purpose of the IPUD zoning district is to implement the High Density Residential (HDR) and Special High Density Residential (SHDR) future land use map (FLUM) classifications of the Comprehensive Plan. The district is intended for infill purposes, promoting new development and redevelopment in areas located east of I-95 at densities no greater than 20 du/ac. • The Community Redevelopment Agency (CRA) has recommended that the most appropriate future land use designation for the subject site is HDR-15 DU/AC, which allows for a maximum density of 15 units per acre. • The subject site is located along Federal Highway east of I-95 within the boundary of the CRA-Federal Highway corridor and within the Urban Commercial District Overlay (UCDO). • The 0.587-acre site has a maximum build-out of 8 units based on maximum density of 15 du/ac. The IPUD district will include design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. • The design of the proposed development was generally described above and are graphically depicted by the provided plan set. The subject property is small; however the development will offer residential units with a significant amount of living space, outdoor patios/balconies, garages and recreational use areas that exceeds the IPUD criteria. The units are positioned near the roadways with pedestrian walkways and front patio areas consistent with the goals of the CRA Redevelopment Plan. • The standards for IPUD developments are flexible to allow for creative and responsible infill developments. This is a small site and will only be developed if the regulations are more flexible than standard zoning districts. The site regulations for IPUD development found in Table 3-11 mostly indicate “flexible” relative to project area, frontage and setbacks. The proposed development plan complies with the standards for IPUD developments and other applicable sections of the LDR’s. Considering the low number of units and traffic from the development, as well has when combined with driveway space behind each garage, the 20 feet is sufficient for access to all of the units as well as compliant for access by Fire/EMS vehicles and garbage vehicles. 319 Potter Townhomes Page | 10 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 • Setbacks for the building area have been established in accordance with Pedestrian Zone and the 10-foot-wide utility easement requirements along Federal Highway and with sufficient landscape areas on the three other site perimeter boundaries. Buildings are located at the build to line and outside of sight/visibility triangles yet provide a pedestrian friendly frontage with patio space and individual sidewalks leading to each unit to engage activity with the street frontage. • Although the maximum building height allowed by IPUD zoning is 45-feet, the proposed structures are designed at 35-feet, as defined by City code, for consistency with surrounding uses and architectural compliance. The IPUD shall minimize adverse impacts on surrounding property. In order to be approved an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. • The City has planned for this property to be designated with the proposed HDR- 15 du/ac future land use by the CRA Redevelopment Plan and the IPUD zoning regulations have been established to provide for regulations for development to be compatible for smaller infill parcels such as the subject site. The IPUD regulations are found in Chapter 3, Article III, Section 2, G of the Land Development Regulations and are addressed below. In addition, the Inlet Harbor Club property that abuts the east and south boundaries of the subject site is developed as a 61-unit condominium building constructed on the eastern half of the 6.0-acre property, closer to the Intracoastal Waterway. The western portion of the Inlet Harbor Club property and those areas that abut the subject property are either tennis courts or a secondary driveway from Potter Road that is gated and appears to not be used by the community. As indicated above, along the common property lines of the subject site, there is a substantial areca palm hedge that is approximately 12’ high and predominately an opaque screen between the properties. East of the secondary driveway, there are single family homes along Potter Road which connects with N. Lake Drive and loops to the north to Dimick Road that also intersects with Federal Highway. The proposed residential FLUM amendment and zoning change creates a more compatible relationship with the neighborhood than the current commercial land use and zoning designations. Considering the surrounding uses, the CRA recommendation and existing vegetative screening, the proposed development is sufficiently compatible with neighborhood. The IPUD district is optimum when there is an opportunity to promote sustainability with respect to land use, energy conservation, resource management and social equity. Rezoning to the IPUD district is encouraged for proposed development on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. 320 Potter Townhomes Page | 11 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 • The subject property and proposed development satisfy the requirements for sustainability as indicated on the provided Site Plan. This property also has direct access to both northbound and southbound Palm Tran bus stops, both of which are within 150 feet of the property. • The other locational standards only pertain to non-residential uses and therefore are not applicable to this application. The proposed development and design are consistent with the character of new development along the CRA Federal Highway corridor as well as the recommendations of the CRA Redevelopment Plan. The IPUD zoning provides the flexibility to implement the goals and policies of the CRA Plan and Comprehensive Plan. 321 Potter Townhomes Page | 12 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 REVIEW CRITERIA - MAJOR SITE PLAN APPLICATION The application process set forth in Chapter 2, Article II is established to allow City professional staff to review the proposed Master Plan and Site Plan for compliance with the review criteria and regulations of the proposed zoning district of Chapter 3, Article III and Site Development Standards described in Chapter 4, Article XII. The findings of the City staff review will be provided with a staff report to be presented to the City Commission for final action on this application request. 322 Potter Townhomes Page | 13 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 VARIANCE APPLICATION The subject site and the parcel to the east are currently and have historically been zoned for commercial uses. The adjacent parcel, however, is approved for and historically improved as a secondary driveway associated with the residential community of Inlet Harbor Club. The adjacent parcel has not been rezoned for the residential use that it serves and therefore is considered a legal nonconformity. Both the subject site and the adjacent parcel to the east are identified on the CRA Recommendation Plan for residential uses under the HDR zoning district. The proposed rezoning of the subject site for residential use adjacent to historical and existing C3 commercial zoning creates the requirement for a 12-foot-wide Type 2 Urban Landscape Buffer with a 6-foot masonry wall, according to Table 4-4 of the City’s Land Development Regulations as shown below. The actual uses of the proposed residential Potter Townhomes and the secondary driveway of the residential Inlet Harbor Club, especially with the existing hedge and the additional landscaping proposed within a 5-foot-wide buffer will provide more than sufficient screening, buffering and compatibility between the two properties. The code, however, does not provide a method for relief to this requirement, other than a variance application. Therefore, this application requests approval of a variance from Table 4- 4 Urban Landscape Buffer (Type 2) in Part III, Chapter 4, Article II, Section 4.B.c.(2) to reduce the 12-foot landscape buffer width to 5-foot and eliminate the 6-foot masonry buffer wall requirement along the eastern property line. 323 Potter Townhomes Page | 14 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 REVIEW CRITERIA - VARIANCE Chapter 2, Article II, Section 4.D.3 of the City’s Land Development Regulations states that in order for the City Commission to grant a variance, the Applicant must demonstrate that: a. The special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district. Response: The historical commercial land use and zoning on the adjacent property to the east creates the special circumstance to implement the CRA recommendation for residential use on the subject property. As indicated in the narrative, this property and the property abutting to the east are historically designated with commercial land use and zoning, however, also recommended by the CRA Redevelopment Plan to be developed with high density residential uses. This application proposes to change the zoning from commercial to residential for the subject property, which leaves the commercial designation on the property abutting to the east. Although the abutting property is currently used for access to Inlet Harbor Club Condominiums and is unlikely to ever be used for commercial uses, there is an incompatibility, or a special circumstance, with the IPUD (residential) zoning of the subject parcel and the commercial zoning of the abutting property. When there is an incompatibility of zoning between properties, the Code requires a Type 2 Urban Landscape Buffer which is 12’ wide and includes a 6’ high wall and landscaping. Given the subject site is small, it is important to efficiently design the property to allow for sufficient access, circulation, and open space. Therefore, the proposed plan has been designed with a 5’ wide buffer along the east property line versus the required 12’ wide buffer and the only method of relief to this requirement allowed by the Code is a variance application. Even though the width is reduced, there is an existing and substantial areca palm hedge on the adjacent property plus the subject property will meet the Type 2 Urban Landscape Buffer planting requirements of 1 tree spaces every 20’-30’ on center, mulched, and a continuous hedge 3’ in height within the proposed 5’ landscape buffer, adding to the screening between the two properties. Photos are provided below of the existing driveway and hedge with the subject site to the right side. 324 Potter Townhomes Page | 15 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 b. That special conditions and circumstances do not result from the actions of the Applicant for the variance. Response: The special circumstance is derived from the CRA recommendation of use from the current commercial designations to high density residential use and not the result of the Applicant. The Applicant is following the current recommendations of the City and the implementation of the CRA Redevelopment Plan for this area of Federal Highway and given the small size of the property and other design related regulations, the reduction to the width of the buffer will allow for an efficient design and maintain an adequate screen between the two properties. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same district. Response: The request of a variance similar to this would be expected for any other property with this same circumstance of incompatibility between historic commercial designation that is no longer applicable and the current proposed and recommended residential designations. d. The literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Response: Applying the literal interpretation of this section of the code would require a 12-foot-wide buffer that would reduce the developable area of a property that is small to begin with and impact the marketability of the residential units. Considering the circumstances for the variance, the variance will relieve the undue hardship and allow for an efficient design of the desired residential development. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. Response: The reduction to a 5’ wide buffer from the 12’ wide buffer is the minimum width of a buffer within the City regulations and therefore the minimum variance to allow for an efficient design of the desired residential development. 325 Potter Townhomes Page | 16 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Response: Although the variance would reduce the width of the buffer and eliminate the requirement of a wall, given the circumstances of the driveway use of the adjacent property as well as the historic commercial zoning, the existing areca palm hedge and the addition of landscaping within the proposed development will provide an abundant buffer for harmony between the two uses and not be injurious or detrimental to the area or public welfare. 326 TREESCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTCA3Cassia fistula / Golden ShowerMin. 12` Ht. x 5` Spr., 4" Cal., Single Straight Trunk, Full CanopyYesYesCE15Conocarpus erectus / Green Button WoodMin. 12` Ht. x 5` Spr., 4" Cal., Single Straight Trunk, Full CanopyYesYesCS2Cordia sebestena / Orange Geiger TreeMin. 12` Ht. x 5` Spr., 3" Cal., Single Straight Trunk, Full CanopyYesYesLI6Lagerstroemia indica / Crape MyrtleMin. 12` Ht. x 5` Spr., 4" Cal., Single Straight Trunk, Full CanopyNoYesPALM TREESCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTAM11Adonidia merrillii / Christmas PalmField Grown, 6’ OA Ht., Single Trunk, Full Head, No ScarredTrunkNoYesSHRUBSCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTCHR350Chrysobalanus icaco `Red Tip` / Red Tip CocoplumMin. 36" Ht. x 24" Spr., 24" O.C., Full to Base and DenseYesYesCRI13Crinum augustum `Queen Emma` / `Queen Emma` CrinumMin. 3` Ht. x 3` Spr., 1 PPP, Disease Free, SpecimenNoYesFGA2Furcraea gigantea / False agaveMin. 2`x2`, Full to Base and DenseYesYesHIB13Hibiscus rosa-sinensis `Seminole Pink` / Seminole Pink HibiscusMin. 30" Ht. x 24" Spr., 24" O.C., Full Dense Shrub, Full to Base,Disease Free, Pink BloomsNoYesSHRUB AREASCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTHAN88Hamelia nodosa / Dwarf FirebushMin., 24" Ht. x 24" Spr., 24" O.C., Full to base, DenseYesYesPOD125Podocarpus macrophyllus `Pringles` / Dwarf PodocarpusMin. 24" Ht. x 24" Spr., 24" O.C., Fully Rooted, Full to Base,DenseNoYesSTA45Stachytarpheta jamaicensis / Native Blue PorterweedMin., 24" Ht. x 24" Spr., 24" O.C., Full to base, DenseYesYesGRASSESCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTLIR92Liriope muscari `Emerald Goddess` / LiriopeMin. 12" Ht. x 12" Spr., 18" O.C., Full to Edge of PotYesYesGROUND COVERSCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTASP137Asparagus densiflorus 'Meyersii' / Foxtail FernMin. 12" Ht. x 12" Spr., 18" O.C., Full to Edge of PotNoYesPEN287Pentas lanceolata / Penta ' Ruby Red'Min. 10" O.C., Full to Edge of PotNoYesTRA344Trachelospermum asiaticum `Minima` / Minima JasmineMin. 12" Ht. x 12" Spr., 18" O.C., Full to Edge of PotNoYesSOD AND MULCHCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTMULCH4,374 sfShredded Melaleuca / MulchFree of Foreign Materials and Weeds, Minimum Depth AfterSettling Shall be 3"; Quantity to be Verified in the FieldN/AN/ASOD22 sfStenotaphrum secundatum `Floritam` / Floritam St. Augustine SodDisease Free, Laid Tightly w/ Staggered Joints, Rolled andSanded to Level Lawn *Quantity to be Verified in the FieldN/AN/APLANT SCHEDULE TURFTBDArtificial TurfDark Green - Quantity to be verified in the fieldLight Green - Quantity to be verified in the fieldSee detail on sheet LA-3MEDIUM SHRUB @ MIN. 20" HT.AND/OR GROUNDCOVER @ MIN. 12" HT.LARGE SHRUB@ MIN. 36" HT.SHADE TREEEXISTING ARECA PALMSPROPERTY LINEPOTTERTOWNHOMES+/- 20.0' HT.3' WIDE SWALERETAINING WALL*5.0' URBAN LANDSCAPE BUFFER (TYPE 2)EXISTING DRIVEWAY+/- 22.0'10.0'SIDEWALK(PAVERS)2'VALLEYCURB3.3'ROWDEDICATION5.0'TREEWELLProperty Line Townhome Building Line STREETTREE15.0'SETBACK10.0' U.E.8.0'ACTIVEZONE4' FENCEPALMTREECL5.0'BIKELANETRAVEL LANETRAVEL LANE3.0'NORTHFEDERALHIGHWAYEXISTING GASEXISTING WATERROOT BARRIERROOT BARRIERDrawing name: H:\JOBS\Potter Townhomes_(Formerly 2508 Federal)_23-001\Dwyer Construction & Development, Inc._DD_.000\Drawings\Landscape Plan\2024-01-12_LP_Draft for Resubmittal.dwg Urban DesignLand PlanningLandscape ArchitecureRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Copyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LA0001739June 202323-001.000JEBJEBNMLA-1of 52023-06-26 Submittal2023-10-31 Resubmittal2024-01-12 ResubmittalCity of Boynton Beach, Florida Landscape Plan Cover Sheet Potter Townhomes POTTER TOWNHOMESLandscape PlanCity of Boynton Beach, FloridaLOCATION MAPGENERAL NOTESSHEET INDEXCOVER SHEET & PLANT SCHEDULE .....................LA-1TREE DISPOSITION PLAN .......................................LA-2LANDSCAPE PLAN ................................................... LA-3PLANTING DETAILS .................................................. LA-4PLANTING SPECIFICATIONS ................................... LA-5PLANT SCHEDULEKNOW WHAT'S BELOWALWAYS CALL 811BEFORE YOU DIGIt's fast. It's free. It's the law.www.callsunshine.comRNOTE: These Landscape Plans have been prepared to satisfy City of Boynton Beach zoningrequirements and to conceptually reflect landscape requirements for the site. They are not to be utilizedfor construction drawings until final engineering and architectural plans are available. These drawings arenot to be used for Building Permit application until these plans are finalized. DEVELOPMENT TEAM INTERIOR TREES1 / 1,400 S.F.PERIMETER VEGETATIONREQUIREMENTCATEGORY# REQ'D# PROVIDEDMINIMUM NUMBER OF TREE SPECIESTOTAL PERIMETER PALMS OR PINES:INTERIOR LANDSCAPE9,496 S.F. OF DEVELOPED AREASTOTAL PERIMETER CANOPY TREES:TOTAL PERIMETER SHRUBS:1502867SITE TOTALSEAST PROPERTY LINE5' URBAN LANDSCAPE BUFFER (TYPE 2) - 156.40 L.F.CANOPY TREESSHRUBS - LARGE1 / 30 L.F.5525527150375LANDSCAPE DATA TABULARSOUTH PROPERTY LINE5' URBAN LANDSCAPE BUFFER (TYPE 1) - 156.40 L.F.1 / 30 L.F.CANOPY TREES55WEST PROPERTY LINEROW URBAN STREETSCAPE - 157.59 L.F.STREET TREESCANOPY TREES6SHRUBS - Large & Medium5259SHRUBS - Small & Groundcover78145FUTURE LAND USE:HIGH DENSITY RESIDENTIALZONING DISTRICT:IPUDPROPERTY CONTROL NUMBER:08-43-45-15-02-000-1250EXISTING USE: VACANTPROPOSED USE:MULTI-FAMILY RESIDENTIAL (TOWNHOMES)TOTAL SITE AREA:0.587 AC. (25,591 S.F.)1)DROUGHT TOLERANT RATING BASED UPON SFWMD WATERWISE PUBLICATION - SOUTH FLORIDA EDITION.2)ALL PLANT MATERIAL SPECIFICATIONS AND CONTAINER SIZES LISTED IN THE PROJECT PLANT SCHEDULE ARE REQUIREDMINIMUMS. CONTRACTOR MAY EXCEED THE REQUIRED MINIMUM SPECIFICATION AND CONTAINER SIZE BASED ON MATERIALAVAILABILITY.3)ALL PLANT MATERIAL SHALL MEET AND ADHERE TO LATEST EDITION OF FLORIDA GRADES AND STANDARDS FOR NURSERYPLANTS. ALL PLANT MATERIAL SHALL BE FLORIDA # 1 OR BETTER.THE LANDSCAPE ARCHITECT OR OWNER/OWNER'SREPRESENTATIVE HAVE THE RIGHT TO REJECT ANY PLANT MATERIAL NOT MEETING THESE STANDARDS.4)QUANTITIES ON PLANT SCHEDULE ARE FOR CONVENIENCE ONLY. LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR ALLPLANTS SHOWN ON LANDSCAPE PLANS.SITE DATALANDSCAPE NOTESUTILITY SETBACK NOTESLANDSCAPE EXCAVATION &BACKFILL NOTES1)BASE INFORMATION OBTAINED FROM A SURVEY PREPARED BY CAULFIELD &WHEELER, INC. REVISION DATED APRIL 2023.2)ALL INVASIVE SPECIES WILL BE ERADICATED FROM SITE AS REQUIRED BYCODE.3)ALL LANDSCAPE MATERIAL SHALL CONFORM TO THE MOST RECENTSTANDARDS AS OUTLINED BY THE “GRADES AND STANDARDS FOR NURSERYPLANTS” PUBLISHED BY THE FLORIDA DEPARTMENT OF AGRICULTURE ANDCONSUMER SERVICES. ALL PLANT MATERIAL SHALL BE FLORIDA #! OR BETTER.4)SIGHT TRIANGLES SHALL BE PROVIDED AND MAINTAINED BY OWNER CLEAR OFVEGETATION TO PROVIDE UNOBSTRUCTED VISIBILITY BETWEEN 30 INCHESAND 8 FEET ABOVE GRADE.5)UTILITY EASEMENTS SHALL NOT ENCROACH INTO LANDSCAPE BUFFERS MORETHAN 5 FEET OR AS PERMITTED BY CODE.6)FDOT TYPE “D” OR “F” CURB OR WHEEL STOPS TO BE PROVIDED ALONG ALLLANDSCAPE AREAS, INCLUDING DRIVE AISLES AND PARKING SPACES.7)ALL INSTALLATION WORK SHALL BE CARRIED OUT IN A PROFESSIONALMANNER IN ACCORDANCE WITH STANDARD NURSERY AND INSTALLATIONPRACTICES.8)ALL LANDSCAPE AREAS SHALL BE SODDED, MULCHED OR OTHERWISECOVERED WITH GROUND COVER PER THESE PLANS AS LABELED.9)TREES SHOWN ON THIS PLAN ARE GRAPHIC REPRESENTATION ONLY. TREESPACING IS BASED ON DESIGN REQUIREMENTS AND TREES SHOWN ON THESEPLANS ATTEMPT TO ACCOMPLISH THAT SPACING WHILE MAINTAINING THEREQUIRED SETBACKS FROM UTILITIES. TREES MAY BE FIELD ADJUSTED TOAVOID CONFLICTS WITH DRIVEWAYS AND UNDERGROUND UTILITIES.10)CONTRACTOR TO COORDINATE PLANTING OPERATIONS WITH ALLUNDERGROUND UTILITY PROVIDERS AND CALL "SUNSHINE DIG" / 811 TO FLAGUTILITY LOCATIONS PRIOR TO COMMENCING PLANTING OPERATIONS FOR ANYPORTION OF THE SITE. IF "SUNSHINE DIG" / 811 DOES NOT LOCATE ALLUNDERGROUND UTILITIES ON-SITE, THE CONTRACTOR IS RESPONSIBLE FORSECURING THESE SERVICES FROM A PRIVATE PROVIDER.11)LANDSCAPE CONTRACTOR TO HAND DIG PLANTING HOLES FOR TREES AND/ORSHRUBS WITHIN FIVE (5') OF ALL FP&L EASEMENTS.12)GROUND MOUNTED MECHANICAL EQUIPMENT TO BE SCREENED PER THESEPLANS INCLUDING AS-BUILT EQUIPMENT LOCATIONS AT TIME OF LANDSCAPEINSTALLATION. CONTRACTOR TO NOTIFY OWNER / OWNER'S REPRESENTATIVEOF ADDITIONAL REQUIRED PLANT MATERIAL QUANTITIES AT TIME OFLANDSCAPE INSTALLATION FOR ADDITIONAL MECHANICAL EQUIPMENT ORRELOCATED EQUIPMENT THAT MAY REQUIRE ADDITIONAL LANDSCAPESCREENING.13)PLANTINGS ADJACENT TO OVERHEAD LINES TO COMPLY WITH FP&L's "RIGHTTREE IN THE RIGHT PLACE" GUIDELINES FOR MINIMUM SEPARATIONS TOOVERHEAD LINES.1)TREE AND SHRUB PLANTING BEDS WHICH FALL WITHIN OR NEAR ROADWAYAREAS SHALL BE COMPLETELY EXCAVATED AND BACK-FILLED WITH TOPSOIL.ALL SHELL-ROCK OR OTHER BASE MATERIALS, AND ALL SUBSOIL AND DEBRIS,SHALL BE COMPLETELY REMOVED FROM BENEATH SUCH PLANTING AREAS, TO AMINIMUM DEPTH OF 36". UPON COMPLETION OF EXCAVATION, LANDSCAPEARCHITECT OR OWNER SHALL INSPECT THE EXCAVATED AREA PRIOR TOBACKFILLING WITH TOPSOIL.2)ALL TREE AND/OR SHRUB PLANTING AREAS WITHIN 8' OF BUILDINGFOUNDATIONS, AND ANY OTHER PLANTING AREAS WHERE SIGNIFICANT BURIEDCONSTRUCTION DEBRIS IS ENCOUNTERED, SHALL BE COMPLETELY EXCAVATEDTO A MINIMUM DEPTH OF 36". UPON COMPLETION OF EXCAVATION, LANDSCAPEARCHITECT OR OWNER SHALL INSPECT THE EXCAVATED AREA PRIOR TOBACKFILLING WITH TOPSOIL.1)DETAILING OF FOCAL POINTS AND HARDSCAPE ARE A SEPARATE DOCUMENT. SEEPLANS PREPARED BY OTHERS FOR THESE DETAILS.2)ALL ELEMENTS WITHIN THE PEDESTRIAN ZONE WILL BE MAINTAINED BY THEPROPERTY OWNER(S).MULCH NOTES1)ALL SETBACK DIMENSIONS SHOWN ON THE PLANS ARE TO BE MET AT THE TIMEOF INSTALLATION.2)TREES ARE TO BE INSTALLED WITH A TEN FOOT (10') SEPARATION FROM ANYWATER OR SEWER MAIN AND/OR SERVICE, HYDRANTS, AND LIFT STATIONS, ORWITH A MINIMUM SEVEN FOOT (7') SETBACK IF INSTALLED WITH A ROOT BARRIERSYSTEM. REFER TO THE "ROOT BARRIER" DETAIL ON THE PLANTING DETAILSSHEET FOR INSTALLATION REQUIREMENTS. HOWEVER IN NO CASE SHALL A TREEENCROACH INTO A UE WITHOUT PRIOR UTILITY PROVIDER APPROVAL AND ONLYSOD CAN BE INSTALLED WITHIN 5' OF ANY WATER METER AND WITHIN 7.5' OF ANYFIRE HYDRANT UNLESS OTHERWISE APPROVED BY THE FIRE MARSHAL ANDUTILITY PROVIDER.3)TREES ARE TO BE INSTALLED WITH A TEN FOOT (10') SEPARATION FROM ANYDRAINAGE OR STORM SEWER INFRASTRUCTURE, OR WITH A MINIMUM SEVENFOOT (7') SETBACK IF INSTALLED WITH A ROOT BARRIER SYSTEM. REFER TO THE"ROOT BARRIER" ON THE PLANTING DETAILS SHEET FOR INSTALLATIONREQUIREMENTS.4)WHERE REQUIRED, ROOT BARRIER TO BE INSTALLED WITH A MINIMUM 5'SEPARATION TO THE EDGE OF ALL UNDERGROUND UTILITIES ANDINFRASTRUCTURE.5)TREES SHALL BE PLANTED WITH A MIN. 2' SEPARATION BETWEEN ANY ROOTBARRIER (MEASURED FROM THE CENTER OF THE TREE).1)ALL PLANTING AREAS, INCLUDING MULCH AROUND INDIVIDUAL TREES, SHALL BEMULCHED TO A MINIMUM DEPTH OF THREE (3) INCHES AT THE TIME OFINSPECTION AND MAINTAINED AT THREE (3) INCH DEPTH THEREAFTER.2)MULCH SHALL BE GRADE A PREMIUM NATURAL MULCH, OR APPROVED EQUAL,FREE OF FOREIGN MATERIALS AND WEED SEEDS.RESUBMITTAL OWNER / APPLICANT: DWYER CONSTRUCTION &DEVELOPMENT, INC.109 DIXIE BLVD.DELRAY BEACH, FL 33444LANDSCAPE ARCHITECT & PLANNER:URBAN DESIGN STUDIO610 CLEMATIS STREET, SUITE CU02WEST PALM BEACH, FL 33401(561) 366-1100ARCHITECT:BRENNER ARCHITECTS751 PARK OF COMMERCE DRIVE #110BOCA RATON, FL 33487(561) 241-6736SURVEYOR:CAULFIELD & WHEELER, INC.7900 GLADES ROAD, SUITE 100BOCA RATON, FL 33434(561) 392-1991CIVIL ENGINEER:CAULFIELD & WHEELER, INC.7900 GLADES ROAD, SUITE 100BOCA RATON, FL 33434(561) 392-1991 NORTHN.T.S.POTTER ROADNORTH FE D E R A L H I G H W A Y SITETBDCONTINUOUS 6 SMALL TREES (IMPACTED BY OVERHEADPOWER LINES = SMALL TREES PER 'RIGHTTREE IN RIGHT PLACE')CONTINUOUS CONTINUOUS 1 / 25 L.F.SHRUBS - LARGE5252CONTINUOUS SHRUBS 5267CONTINUOUS - MEDIUM FENCEFENCEYESYES - EXISTING ALONG PROPERTY LINEFENCEFENCEYESYES - EXISTING ALONG PROPERTY LINE34SIGNATURE TREES AT ENTRANCE22 (ORANGE GEIGER TREES)TOTAL OVERALL TREESTOTAL OVERALL SHRUBS2661826 1,496TREE MITIGATION SUMMARY TABLETREE MITIGATION SUMMARY TABLETOTAL DBH TO BE REPLACED65"TOTAL DBH PROVIDED82"DROUGHT TOLERANT PERCENTAGETREESPALMSSHRUBSGROUNDCOVERSFOUNDATION PLANTINGDRIVEWAY OPENINGS ALONG RIGHTS-OF-WAYPLANTINGS ON BOTH SIDES OF DRIVEWAY5' URBAN LANDSCAPE BUFFER (TYPE 2) DETAILACTIVE ZONE CROSS SECTIONPER PART III, CHAPTER 4, ART. II, SEC. 6.B.fPER PART III, CHAPTER 4, ART. II, SEC. 4.A.14.bBUTTERFLY ATTRACTING PLANT MATERIAL5%14% TREES39% SHRUBS100%100%100%100%SYMBOL INDICATED ASBUTTERFLY ATTRACTINGPLANT MATERIAL*VARIANCE REQUESTED327 TREESCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTCA3Cassia fistula / Golden ShowerMin. 12` Ht. x 5` Spr., 4" Cal., Single Straight Trunk, Full CanopyYesYesCE15Conocarpus erectus / Green Button WoodMin. 12` Ht. x 5` Spr., 4" Cal., Single Straight Trunk, Full CanopyYesYesCS2Cordia sebestena / Orange Geiger TreeMin. 12` Ht. x 5` Spr., 3" Cal., Single Straight Trunk, Full CanopyYesYesLI6Lagerstroemia indica / Crape MyrtleMin. 12` Ht. x 5` Spr., 4" Cal., Single Straight Trunk, Full CanopyNoYesPALM TREESCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTAM11Adonidia merrillii / Christmas PalmField Grown, 6’ OA Ht., Single Trunk, Full Head, No ScarredTrunkNoYesSHRUBSCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTCHR350Chrysobalanus icaco `Red Tip` / Red Tip CocoplumMin. 36" Ht. x 24" Spr., 24" O.C., Full to Base and DenseYesYesCRI13Crinum augustum `Queen Emma` / `Queen Emma` CrinumMin. 3` Ht. x 3` Spr., 1 PPP, Disease Free, SpecimenNoYesFGA2Furcraea gigantea / False agaveMin. 2`x2`, Full to Base and DenseYesYesHIB13Hibiscus rosa-sinensis `Seminole Pink` / Seminole Pink HibiscusMin. 30" Ht. x 24" Spr., 24" O.C., Full Dense Shrub, Full to Base,Disease Free, Pink BloomsNoYesSHRUB AREASCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTHAN88Hamelia nodosa / Dwarf FirebushMin., 24" Ht. x 24" Spr., 24" O.C., Full to base, DenseYesYesPOD125Podocarpus macrophyllus `Pringles` / Dwarf PodocarpusMin. 24" Ht. x 24" Spr., 24" O.C., Fully Rooted, Full to Base,DenseNoYesSTA45Stachytarpheta jamaicensis / Native Blue PorterweedMin., 24" Ht. x 24" Spr., 24" O.C., Full to base, DenseYesYesGRASSESCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTLIR92Liriope muscari `Emerald Goddess` / LiriopeMin. 12" Ht. x 12" Spr., 18" O.C., Full to Edge of PotYesYesGROUND COVERSCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTASP137Asparagus densiflorus 'Meyersii' / Foxtail FernMin. 12" Ht. x 12" Spr., 18" O.C., Full to Edge of PotNoYesPEN287Pentas lanceolata / Penta ' Ruby Red'Min. 10" O.C., Full to Edge of PotNoYesTRA344Trachelospermum asiaticum `Minima` / Minima JasmineMin. 12" Ht. x 12" Spr., 18" O.C., Full to Edge of PotNoYesSOD AND MULCHCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTMULCH4,374 sfShredded Melaleuca / MulchFree of Foreign Materials and Weeds, Minimum Depth AfterSettling Shall be 3"; Quantity to be Verified in the FieldN/AN/ASOD22 sfStenotaphrum secundatum `Floritam` / Floritam St. Augustine SodDisease Free, Laid Tightly w/ Staggered Joints, Rolled andSanded to Level Lawn *Quantity to be Verified in the FieldN/AN/APLANT SCHEDULE TURFTBDArtificial TurfDark Green - Quantity to be verified in the fieldLight Green - Quantity to be verified in the fieldSee detail on sheet LA-3GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATHVEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH VEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH VEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATHVEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.11173.28'156.40'153.97'157.59'POTTER ROAD40' PUBLIC R/W (IMPROVED)NORTH FEDERAL HIGHWAY 7LIR1CRI26PENTRA79TRALIR14CRI1CRI1LIR19CRI17TRAHIB1TRA5CRI1LIR6PEN301CRI6LIR7PEN1CRI12LIR1CRI6TRATRA6TRA61CRI5CECE53HIB2HIBTRA6STORM STORM WATERWATER SANITARY SANITAR Y 25' X 25'SIGHT TRIANGLEEXISTING FIRE HYDRANT REC.AREABFLU: R & MEDRZONING: REC & R3EXISTING USE: MF RESIDENTIAL(INLET HARBOR CONDOMINIUM)AEXISTING CHAINLINK FENCE &ARECA HEDGEON ADJACENTPROPERTYPROPOSED DRIVEWAY(EXISTING TO BERECONSTRUCTED)REC. AREA(DOG WALK)PROPOSED4' RAIL FENCEPROPOSED4' RAIL FENCEEXISTING CHAINLINK FENCE &ARECA HEDGEON ADJACENTPROPERTYFLU: LRCZONING: C3EXISTING USE: MF RESIDENTIAL(LANDSCAPE/DRIVEWAY)EXISTINGDRIVEWAY(INLET HARBORCONDOMINIUMS)MAIL KIOSKFLU: LRC & C3ZONING: C3EXISTING USE: MEDICAL OFFICECDGATE, TYP.PROPOSED SIGNFLU: LRC ZONING: C3 EXISTING USE: SF RESIDENTIAL PROPOSED 4' RAIL FENCE TYP.PROPOSED 4' RAILFENCE TYP.CLPROPOSEDPROPERTY LINE10.0' SIDEWALK 24.0'44.0'20.0'20.0'5.0' STREETTREE WELLS24.0'FLU: MEDRZONING: PUDEXISTING USE: MULTI-FAMILY RESIDENTIALFIRE HYDRANT CLEAR ZONEPROPOSED 5.0' SIDEWALK3.3' ROW DEDICATIONEXISTING WATEREXISTING GASSOD,TYP.SOD, TYP.SOD,TYP.30.0' O.C. AVERAGE, TYP.SOD,TYP.8.0' ACTIVE ZONE5.0' URBAN LANDSCAPE BUFFER (TYPE 1)5.0' URBAN LANDSCAPE BUFFER (TYPE 2)(SEE DETAIL ON LA-1)REDUCED BUFFER DUE TO EXISTINGTREES ABUTTING PROPERTY. IF THEEXISTING TREES ARE DAMAGED ORREMOVED, THE PROJECT SHALL PROVIDEADDITIONAL LANDSCAPING INCLUDINGTREES.EXISTING CHAIN LINK FENCESIGNATURE TREE(2 ORANGEGEIGER TREESAT ENTRANCE)MIN. 2.5'CLEAR FORACCESSMIN. 2.5' CLEARFOR ACCESSMIN. 2.5' CLEARFOR ACCESSMIN. 2.5' CLEARFOR ACCESSMIN. 2.5' CLEARFOR ACCESSMIN. 2.5' CLEARFOR ACCESS10' X 10'SIGHT TRIANGLE10' X 10'SIGHTTRIANGLE25.0' BUILD TO LINEFROM BACK OF CURB SOD,TYP.ROOT BARRIER, TYP.ROOT BARRIER, TYP.3.3' ROW DEDICATIONROOT BARRIER, TYP.ROOT BARRIER, TYP.ROOT BARRIER, TYP.ROOT BARRIER, TYP.ROOT BARRIER, TYP.EXISTINGOVERHEAD LINESENTRYSTOOPENTRYSTOOPENTRYSTOOPENTRYSTOOP OPEN DECK SOD,TYP.SOD,TYP.SOD,TYP.SOD,TYP.MIN. 2.5' CLEARFOR ACCESSPROPOSED RETAINING WALL(SEE ARCH. PLANS FOR DETAILS)12.0'U.E.12.0'U.E.12.0'U.E.12.0'U.E.12.0'12.0'10.0' UESHADE SAILBIKE RACK LOOP(5 SP.)TRASHRECEPTACLEBENCH, TYP.PUTTING GREEN (3 HOLES)TURF - LIGHT GREEN, TYP.STEPPINGSTONES, TYP.TURF - DARK GREENSODPLANTEDIN SWALE,TYP.17ASP11HAN110CHR10HAN6TRA7STA10HAN7STA6TRA7ASP4STA7ASP4STA10HAN6TRA7STA7STA10HAN6TRA101PEN13TRA9STATRA7ASP28HAN3POD86ASP5HAN5ASP16PEN34TRA33TRATRA4615PEN4ASP4HAN6ASP2POD3TRA4PODHAN7POD50HAN5HAN524ASP17LIRASP1711TRA8HAN2CA1CA11LIR8ASP8ASP4CRI2CS1CE2AMFGA2CHR2406HIB6TRA1AM1HIBFIRE HYDRANT, TYP.OPEN DECK OPEN DECK OPEN DECK 6.0' PUBLIC ACCESS EASEMENT5.0' PUBLIC ACCESS EASEMENTTRA66LICE11CE8AM2CETRANSFORMERTRA1561POD27TRA92PEN67TRA5.0'U.E.5.0'U.E.6"W x 10"D REINF. CONCRETE BANDCONCRETE ANCHORNON-ABRASIVE, NON-VISIBLERUBBER INFILL (IF APPLICABLE)AGGREGATE SUB-BASE PERMANUF. SPECSEXISTING SUBGRADEGALV. STAPLES, SIZE ANDSPACING PER MANUF. SPECSMULTI-LAYERED TURF BACKINGPAVING TYPE P8COMPOSITVE OR TREATED LUMBERNAILER BOARD (2" x 4" NOM. TYP.)SET 34" TO 1" BELOW SURFACE OFADJACENT PAVINGSTAPLESBACKINGDrawing name: H:\JOBS\Potter Townhomes_(Formerly 2508 Federal)_23-001\Dwyer Construction & Development, Inc._DD_.000\Drawings\Landscape Plan\2024-01-12_LP_Draft for Resubmittal.dwg Urban DesignLand PlanningLandscape ArchitecureRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Copyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LA0001739June 202323-001.000JEBJEBNMLA-3of 52023-06-26 Submittal2023-10-31 Resubmittal2024-01-12 ResubmittalCity of Boynton Beach, Florida Landscape Plan Potter Townhomes PLANT LEGENDKNOW WHAT'S BELOWALWAYS CALL 811BEFORE YOU DIGIt's fast. It's free. It's the law.www.callsunshine.comR1)DROUGHT TOLERANT RATING BASED UPON SFWMD WATERWISE PUBLICATION -SOUTH FLORIDA EDITION.2)ALL PLANT MATERIAL SPECIFICATIONS AND CONTAINER SIZES LISTED IN THEPROJECT PLANT SCHEDULE ARE REQUIRED MINIMUMS. CONTRACTOR MAY EXCEEDTHE REQUIRED MINIMUM SPECIFICATION AND CONTAINER SIZE BASED ON MATERIALAVAILABILITY.3)ALL PLANT MATERIAL SHALL MEET AND ADHERE TO LATEST EDITION OF FLORIDAGRADES AND STANDARDS FOR NURSERY PLANTS. ALL PLANT MATERIAL SHALL BEFLORIDA # 1 OR BETTER.THE LANDSCAPE ARCHITECT OR OWNER/OWNER'SREPRESENTATIVE HAVE THE RIGHT TO REJECT ANY PLANT MATERIAL NOT MEETINGTHESE STANDARDS.4)QUANTITIES ON PLANT SCHEDULE ARE FOR CONVENIENCE ONLY. LANDSCAPECONTRACTOR IS RESPONSIBLE FOR ALL PLANTS SHOWN ON LANDSCAPE PLANS.Scale:0NORTH5'10'20'1"=10'-0"RESUBMITTAL ARTIFICIAL TURF DETAILTBD328 EXHIBIT “C” Conditions of Approval Project Name: Potter Townhomes File number: Variance - 2024.02.16905 Reference: 3rd review of plans identified as a New Master Plan and New Major Site Plan submitted on January 16, 2024. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING No Comments CITY COMMISSION No Comments 329 City of Boynton Beach Agenda Item Request Form 8.D Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 04/16/2024 Meeting Date: 04/16/2024 Approve Development Order for New Master Plan and New Site Plan (NMP, NWSP- 2023.06.12894) for Potter Townhomes to construct 8 townhome units, amenities, and associated site improvements on a 0.587-acre site, located at 2508 N Federal Highway. Requested Action: Staff recommends approval of the Development Order for the New Master Plan and New Site Plan (NMP, NWSP-2023.06.12894) for the Potter Townhomes project. Explanation of Request: The Potter Townhomes development proposes a total of eight (8) fee simple townhouse units situated on a vacant 0.587-acre parcel located within the North Federal Highway District as defined by the CRA Community Redevelopment Plan and within the Urban Commercial District Overlay. The project site was formerly developed with a gas station, which was subsequently demolished in 2004 and has remained undeveloped. The applicant is requesting approval of several concurrent applications for the development of Potter Townhomes (see the respective staff reports). The first two applications, Land Use Map Amendment and Rezoning-2023.06.12894, is to amend the land use from Local Retail Commercial (LRC) to High Density Residential (HDR) and rezone the property from Community Commercial (C-3) to IPUD (Infill Planned Unit Development). The next two applications, NWSP-2023.06.12894 and NMP-2023.06.12894, are for New Major Site Plan and New Master Plan requests for a planned development for eight (8) townhomes. The townhome units will be located within four (4) 2-unit buildings, two of which are proposed to front Federal Highway. The applicant is also seeking a Variance (ZCVL-2023.06.12894) for relief from the provisions of Part III, Chapter 4, Article II, Section 4.B.3.c, which requires an Urban Landscape Buffer (Type 2) along the east property line. The applicant states that the proposed five (5) foot wide landscape buffer will provide sufficient screening and is compatible with the existing residential use. The final application is for a Community Design Appeal (2024.02.16905) to seek relief from the provision of Part III, Chapter 4, Article III, Section 3.H, which requires downspouts to be enclosed within the building structure. How will this affect city programs or services? N/A 330 Fiscal Impact: N/A Attachments: Development_Order_Potter_Townhomes_Final.doc Staff Report.pdf Exhibit A - Location Map.pdf Exhibit B - Justification Statement.pdf Exhibit C - Project Plans.pdf Exhibit D - Conditions of Approval Post CC Meeting.pdf 331 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME:Potter Townhomes (NMP & NWSP-2023.06.12894) APPLICANT:Peter Dwyer, B&B Florida Holdings, LLC APPLICANT’S ADDRESS:109 DIXIE BOULEVARD, DELRAY BEACH, FLORIDA 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2024 APPROVAL SOUGHT:Approval of a New Master Plan and New Site Plan (NMP, NWSP- 2023.06.12894) to construct eight townhome units, amenities, and associated site improvements on a 0.587-acre site. LOCATION OF PROPERTY:2508 N Federal Highway DRAWING(S): SEE EXHIBIT “C” ATTACHED HERETO. ________THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida, on the date of the hearing stated above. The City Commission, having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff, and the public, finds as follows: 1.Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2.The Applicant _X__ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3.The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with the notation “Included.” 4.The Applicant’s request is hereby _X_ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5.This Order shall take effect immediately upon issuance by the City Clerk. 6.All further developments on the property shall be made in accordance with the terms and conditions of this order. 7.Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:_______________________________________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Exhibits\Master Plan and Site Plan Exhibits\Development Order.doc 332 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. PZ 24-005 STAFF REPORT TO: Mayor Ty Penserga Members of the City Commission THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director FROM: Craig Pinder, Senior Planner DATE: March 1, 2024 (CC Hearing Date: April 2, 2024) PROJECT: Potter Townhomes (New Master Plan & New Major Site Plan - NMP, NWSP-2023.06.12894) REQUEST: Approve request for New Master Plan and New Site Plan (NMP, NWSP- 2023.06.12894) to construct 8 townhome units, amenities, and associated site improvements on a 0.587-acre site, located at 2508 N Federal Highway. PROJECT DESCRIPTION Property Owner: B&B Florida Holdings, LLC Applicant: Peter Dwyer, Dwyer Construction & Development, Inc. Agent: Bradley Miller, Urban Design Studio, LLC Location: 2508 North Federal Highway Existing Land Use: Local Retail Commercial (LRC) Proposed Land Use: High Density Residential (HDR) Existing Zoning: Community Commercial (C-3) Proposed Zoning: Infill Planned Unit Development (IPUD) Proposed Use: Four (4) townhome buildings each containing two (2) dwelling units. Acreage: 0.587-acres Adjacent Uses: North: Right-of-way of Potter Road, then further north, developed commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); 333 Potter Townhomes (NMP, NWSP-2023.06.12894) Memorandum No PZ 24-005 Page 2 2 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Site and Master Plan (NMP, NWSP-2023.06.12894)_FINAL.docx PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to owners of properties within 400 feet of the subject properties, and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND Proposal: The Potter Townhomes development proposes a total of eight (8) fee simple townhouse units situated on a vacant 0.587-acre parcel located within the North Federal Highway District as defined by the CRA Community Redevelopment Plan and within the Urban Commercial District Overlay. The project site was formerly developed with a gas station, which was subsequently demolished in 2004 and has remained undeveloped. The applicant is requesting approval of several concurrent applications for the development of Potter Townhomes (see the respective staff reports). The first two applications, Land Use Map Amendment and Rezoning- 2023.06.12894, is to amend the land use from Local Retail Commercial (LRC) to High Density Residential (HDR) and rezone the property from Community Commercial (C-3) to IPUD (Infill Planned Unit Development). The next two applications, NWSP-2023.06.12894 and NMP-2023.06.12894, are for New Major Site Plan and New Master Plan requests for a planned development for eight (8) townhomes. The townhome units will be located within four (4) 2-unit buildings, two of which are proposed to front Federal Highway. The applicant is also seeking a Variance (ZCVL-2023.06.12894) for relief from the provisions of Part III, Chapter 4, Article II, Section 4.B.3.c, which requires an Urban Landscape Buffer (Type 2) along the east property line. The applicant states that the proposed five (5) foot wide landscape buffer will provide sufficient screening and is compatible with the existing residential use. The final application is for a Community Design Appeal (2024.02.16905) to seek relief from the provision of Part III, Chapter 4, Article III, Section 3.H, which requires downspouts to be enclosed within the building structure. South: Developed multi-family property (Inlet Harbor Club) classified as Recreational (R) and Medium Density Residential (MEDR) land use, and zoned Recreational (REC), Multi-family Residential (R-3); East: Secondary ingress/egress for the multi-family condominium development (Inlet Harbor Club) classified as LRC land use, and zoned C-3, and further east, developed properties classified low density residential (LDR) land use and zoned Single-family Residential (R1AA); West: Right-of-way of N Federal Highway and the Florida East Coast Railroad, and further west, developed residential property (The Crossings of Boynton Beach) zoned Planned Unit Development (PUD). 334 Potter Townhomes (NMP, NWSP-2023.06.12894) Memorandum No PZ 24-005 Page 3 3 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Site and Master Plan (NMP, NWSP-2023.06.12894)_FINAL.docx ANALYSIS Traffic: The traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 54 new daily trips, 3 new am peak hour trips and 3 new pm peak hour trips. The Traffic Performance Standards (TPS) review from the Palm Beach County Traffic Division determined that the project meets the TPS of Palm Beach County. School: The School Capacity Availability Determination (SCAD) letter provided by the PBC School District determined that the project “will not negatively impact the School District”. Utilities: The City’s Utilities Department has reviewed the site plan and master plan applications, and the applicant has addressed all comments during the DART review process. The City’s water capacity would meet the projected potable water demand for this project. The applicant is conditioned to obtain an agreement with Inlet Harbor Club before connect to the existing 6-inch water main on the south side of the property (Exhibit D – Conditions of Approval). Police/Fire: The Police and Fire Departments have reviewed the site plan, and the applicant has addressed all review comments during the DART review process. Fire required for all buildings to be fully sprinkled, and Police requested that additional lighting shall be provided along Potter Road (Exhibit D – Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage plans and information was provided for the City’s review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. The applicant has also been conditioned to underground all utilities at time of construction (Exhibit D – Conditions of Approval). Access: The proposed project will have a single point of ingress/egress which will be accessed directly from Potter Road. Sidewalks proposed along Federal Highway are a minimum of ten (10) feet wide and are lined with street trees for shade. The sidewalk along Federal Highway also abuts an eight (8) foot active area that provides a garden and entry stoop into the townhome units. Additionally, a five-foot-wide sidewalk is provided along Potter Road. Parking: Off-street parking regulations require two (2) parking spaces plus 0.15 guest space per townhome dwelling unit. A total of eight (8) townhome units are proposed, with each townhome containing at least two (2) parking spaces within an attached garage. Two (2) guest spaces have been provided along Potter Road to meet the required guest parking spaces for the project (8 x 0.15 = 1.2). In total, the site provides 18 parking spaces. Landscaping: The Landscape Plan indicates that the project would add a total of 37 trees 335 Potter Townhomes (NMP, NWSP-2023.06.12894) Memorandum No PZ 24-005 Page 4 4 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Site and Master Plan (NMP, NWSP-2023.06.12894)_FINAL.docx and palms: 26 trees, 11 palms, in addition to shrubs/vines/groundcover plants. Canopy trees are proposed for the street tree area in the pedestrian zone, along Potter Road near to on-street parking spaces, and within perimeter landscape buffers. Palms have been limited to areas near the building foundation where feasible. The project has been conditioned to increase the height of the landscaping proposed around the transformers to sufficiently screen the equipment from view. A Type 2 Landscape Buffer is required along the east property line to mitigate incompatible zoning districts. The applicant has submitted a Variance application to request relief from the Type 2 Landscape Buffer requirements, a six (6) foot tall masonry wall and a twelve (12) foot wide landscape areas consisting of one tree per 20 to 30 linear feet with continuous hedge located on the outside of the wall. The project is proposing a Type 1 Landscape Buffer, a five-foot-wide landscape area consisting of one tree per 30 linear feet with continuous hedge, rather than the Type 2. A Type 1 Landscape Buffer, required between developments of similar intensity, is proposed along the south property line. Building and Site: The proposed site area totals 0.587-acres. Four (4) 2-unit buildings are proposed with a total of eight (8) townhome units. Two buildings will have frontage along Federal Highway and the remaining two buildings are proposed along the rear property line which allows for a single drive aisle to be centrally located within the site. The townhome units are three-stories with a roof deck height of 35’-8” and an overall height of 38’-8”. Attached garages capable of parking two vehicles are provided for each unit. The units fronting N Federal Highway will have an entry garden and entry stoop, and the units at the rear of the property will have an open deck. All eight (8) townhome units are approximately 3,531 square feet and contain four (4) bedrooms. Setbacks: As a planned district, the IPUD zoning district requires design standards that exceed the basic development standards, and allows for flexibility from standard building and site regulations. Development along Federal Highway has a zero (0) foot setback and must follow the build-to line and pedestrian zone requirements. The building setback may be increased up to fifteen (15) feet, without the benefit of a community design appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. Sheet SP-1 provides the proposed setbacks for the townhomes, which are as follows: Building Setbacks/Build-to-Line Building Setbacks IPUD Provided Front (north) Flexible 11’ Interior Side (east) Flexible 9.8’ Corner Side (west) Flexible 24’9”* 336 Potter Townhomes (NMP, NWSP-2023.06.12894) Memorandum No PZ 24-005 Page 5 5 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Site and Master Plan (NMP, NWSP-2023.06.12894)_FINAL.docx Rear (south) Flexible 9.3’ *Measured from back of curb per pedestrian zone requirements. Includes a 3’0” ROW dedication along N Federal Highway– refer to civil drawings Open Space: The total area allocated toward usable open space for residential amenities measures to 1,699 SF in conformance with the open space requirements of the IPUD zoning district which requires a minimum of 1600 SF. Site amenities include a recreation area for a small dog walk, putting green, and an outdoor BBQ area that is conditioned to be covered with a pergola or trellis (Exhbit D – Conditions of Approval). Building Design: The contemporary architectural design of the proposed buildings is aesthetically pleasing and compatible with the surrounding developments. The buildings feature smooth stucco finishes, scored stucco and vertical trellis accent walls. The building elevations are articulated with large vertical windows and doors consisting of vision glass, modulation of the facades, balconies with vision glass railings, and a contrasting color palette to accentuate the different architectural features (Enriched Clay, Gray Screen, and Extra White). Sustainability: Planned-unit residential developments consisting of a minimum of three (3) dwelling units and up to twenty (20) shall achieve at least fifteen (15) points. The project proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Efficient Cooling - All air conditioners are Energy Star qualified. Minimum SEER 16. 2 Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters or solar water heaters. 2 Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances - All appliance with in a building are 100% energy star. 2 Tree Canopy – Provide Canopy trees in an amount that exceeds the minimum number of required trees by 25% 5 URBAN NATURE Tree Canopy - Provide canopy trees in an amount that exceeds the minimum number of required trees by 25%. 5 Transportation 337 Potter Townhomes (NMP, NWSP-2023.06.12894) Memorandum No PZ 24-005 Page 6 6 S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Site and Master Plan (NMP, NWSP-2023.06.12894)_FINAL.docx Electric Charging Stations – Provide four (4) over the required number of electric car charging stations. 4 Total Points 16 Lighting: The photometric plans (Sheets PH-1) include four (4) freestanding light pole fixtures with a mounting height of the luminaires at 15 feet. The light poles are proposed to illuminate the vehicular use area on site. The on-site illumination would not “spill over” onto adjacent properties and rights-of-way as required by the Land Development Regulations. There are no spot readings in excess of 5.9 foot-candles, which is the allowed maximum illumination for multi-family residential development. Public Art: The project is subject to the Art in Public Places requirement, and the applicant is conditioned to work with Public Art staff to either determine a suitable location for the art work or pay an in-lieu-of art fee. RECOMMENDATION Staff has reviewed this request for a New Major Site Plan and Master Plan, and recommends APPROVAL subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit D – Conditions of Approval. Any additional conditions required by the City Commission shall be documented accordingly in the Conditions of Approval. 338 F E C R a i l r o a dN Federal HwyPotter Rd ¹0 30 60 90 12015 Feet SITE Potter Townhomes - 2508 N Federal HwyPotter Townhomes - 2508 N Federal Hwy Exhibit A: Location MapExhibit A: Location Map 339 Page | 1 1 , 2023 POTTER TOWNHOMES PROJECT NARRATIVE Request(s): Future Land Use Map Amendment, Rezoning, New Master Plan & Site Plan, Variance Application No: CPTA, REZN, NMP, NWSP-2023.06.12894 Submitted: June 27, 2023 Resubmitted: November 1, 2023/January 12, 2024 The property that is the subject of this application is 0.587-acres, located at the southeast corner of N. Federal Highway and Potter Road, approximately 0.14 miles north of E. Gateway Boulevard and is undeveloped (subject site”). On behalf of Dwyer Construction & Development, Inc. (“Applicant”), Urban Design Studio has prepared and hereby respectfully submits this application to request development approval to improve the subject site with an 8- unit (fee simple) townhouse development. The subject site consists of a single parcel of land, as identified by the Palm Beach County Property Appraiser via PCN 08-43-45-15-02-000-1250, with a physical address of 2508 N. Federal Highway. The subject site has a future land use designation of Local Retail Commercial (“LRC”) and is located within the C3 commercial zoning district and Urban Commercial District Overlay (“UCDO”). The CRA Recommended FLU designation is High Density Residential (HDR) which allows 15 dwelling units/per acre. As confirmed with City Staff at a Pre-Application meeting on April 18, 2023, to achieve the development proposal, the following application approvals are being requested:  Future Land Use Map Amendment from Local Retail Commercial (“LRC”) to High Density Residential, 15 dwelling units per acre (“HDR-15 du/ac”)  Rezoning from C3 to Infill Planned Unit Development (“IPUD”)  New Master Plan & New Major Site Plan  Variance for East Landscape Buffer PROJECT INFORMATION Applicant Dwyer Construction & Development, Inc. Owner B&B Florida Holdings, LLC Agent Urban Design Studio, Bradley Miller, AICP / Ailish Villalobos Site Location Southeast corner of N. Federal Hwy and Potter Rd, approx. 0.14 miles north of E. Gateway Blvd PCN’s 08-43-45-15-02-000-1250 Existing FLU Local Retail Commercial (LRC) Proposed FLU High Density Residential (HDR – 15 du/ac) Existing Zoning C3 Proposed Zoning Infill Planned Unit Development (IPUD) Existing Use(s) Vacant Commercial Proposed Use(s) 8-unit (fee simple) townhouse development Site Area 0.587-acres (25,591 square feet) 340 Potter Townhomes Page | 2 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 SURROUNDING PROPERTY North: Developed commercial property (medical office) designated LRC and zoned C3; and vacant commercial property designated LRC and zoned C3. South: Developed multi-family residential property (Inlet Harbor Condominium) designated Recreation (“R”) and Medium Residential, 11 du/ac (“MEDR”) and zoned REC and R3. East: Developed secondary driveway that is gated (and does not appear to be in use) for multi-family residential property (Inlet Harbor Condominium) designated LRC and zoned C3. West: Right-of-way for Federal Highway and FEC Railroad, followed by developed multi-family residential property (Crossings of Boynton Beach) designated MEDR, 11 du/ac and zoned Planned Unit Development (“PUD”). PROPOSED DEVELOPMENT DESCRIPTION Potter Townhomes is a proposed 8 unit (fee simple) townhouse development on 0.587-acres bordered to the east and south by a multi-family development known as Inlet Harbor Condominiums (specifically the east side is a secondary driveway that is gated and appears to not be used and the south side is a recreational component); to the north is Potter Road right- of-way followed by developed commercial (medical office) use; and to the west is Federal Highway right-of-way, FEC Railroad right-of-way, followed by a multi-family residential development known as Crossings of Boynton Beach). The subject property is comprised of one parcel and is currently vacant. The existing commercial land use and zoning of the subject property comes from the historic commercial corridor of Federal Highway, dating back to days prior to the construction of I-95. More recently, the City adopted a recommendation from the Community Redevelopment Agency (CRA) that the most appropriate future land use designation for the subject site is HDR- 15 du/ac. Under the HDR land use classification and IPUD zoning district, the maximum allowable density is 15 dwelling units per acre, which would allow the Applicant a maximum of 8 dwelling units on the subject site. Townhouses are permitted uses in the IPUD zoning district. The intent of the proposed project is to provide a fee simple – for sale residential community. The project proposes one point of ingress/egress located on Potter Road. There are 4 buildings with two units in each that are intended to be sold as fee simple units with an internal driveway from Potter Road. Each unit is three stories in height, consists of approximately 2,759 square feet of air-conditioned space, a 2-car garage and covered patio. The ground floors include a foyer at the front door, a “game room/den” area, guest room and a full bathroom. The second floors have a living room, family room, kitchen, dining area and a half bathroom. The third floors have three additional bedrooms and two full bathrooms. A breakdown of the unit area tabulation is provided below: 341 Potter Townhomes Page | 3 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 UNIT AREA TABULATION AREA SQ. FT. GROUND FLOOR A/C 663 SECOND FLOOR A/C 1010 THIRD FLOOR A/C 1086 TOTAL A/C 2759 COVERED ENTRY 28 2-CAR GARAGE 434 COVERED PATIO 90 2ND FLOOR BALCONIES 167 3RD FLOOR BALCONY 53 TOTAL CONSTRUCTION 3531 Each unit will be provided with a city trash roll-out bin which will be individually stored within the unit garage and rolled out to Potter Road for pick up and returned to garages on designated days. Bulk trash pick-up will be handed by calling City Utilities for a special pick up. Provided within the site are two recreational amenity areas which are located in the middle and northeast portions of the site. The recreational area totals to 1,620 square feet which complies with the IPUD requirement of 200 square feet per unit or 1,600 square feet. A cabana feature is provided within the centrally located recreation space, which fronts Federal Highway, and the northeastern area is suitable for a dog walking area. There is also a community mail kiosk station provided at the southern end of the site. The maximum building coverage in the IPUD zoning district is 50%, which equates to 12,795 for the 0.587-acre site. Provided is a total building coverage of 37.4% (9,496 square feet) which is below the allowable amount, along with 29% (7,493 square feet) of open space area and 33.6% (8,620 square feet) of hardscape. While the IPUD zoning district is flexible on minimum building setback requirements, the proposed setbacks have been provided for compatibility purposes to mirror the surrounding uses. The maximum height of buildings in the IPUD zoning district is 45-feet, all proposed structures are provided at 35’-0” in compliance. Building elevations and floor plans, prepared by Brenner Architects are provided with this application for further detail. Based on the proposed 8-unit development and code parking requirement at 2 parking spaces per unit, along with 0.15 parking spaces per unit for guest parking, that would equate to a total of 18 parking spaces required. Each unit will have a 2-car garage which will provide for 16 parking spaces. Each garage will be regulated by property owner documents to park their vehicles within the garage only and the garages will be pre-wired for EV connections. There are 2 parallel guest parking spaces provided on Potter Road for a total parking count of 18 parking spaces, which meets and exceeds the parking space requirement. On street parking on Federal Highway has been considered, however, based on FDOT Design Manual, section 210.2.3 allows on street parking for roads with posted speeds of 35 mph or less. The posted speed limit in this area of Federal Highway is 40 mph and therefore on street parking is not allowed at this location. 342 Potter Townhomes Page | 4 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 The subject property is located within the Urban Commercial Overlay Zone and therefore must comply with the criteria of Art. II, Section 4.B, Urban Landscape Code. As shown on the provided plans, the property line that abuts Federal Highway must comply with the Pedestrian Zone requirements, measured from the back of curb, including a 5’ wide street tree area where the street trees are planted in 5’ x 5’ tree wells that are covered by a walkable material, a 10’ sidewalk measured from the center line of the 5’ street tree area, followed by an 8’ wide active area, which for residential projects can be stoops, stairs, patios leading to a pedestrian door facing Federal Highway. The components of the Pedestrian Zone have been reordered on the proposed plan in attempt to avoid conflict between underground utilities and the street trees, however, continue to provide a pedestrian area with shade and direct connectivity from the four units that face Federal Highway to the public sidewalk. The 10’ wide sidewalk as measured from the back of curb for Federal Highway extends into the property by approximately 3.5 feet. As required by FDOT, this 3.5-foot-wide strip will be dedicated to FDOT so that the entire sidewalk is within the right of way. In addition to the components of the Pedestrian Zone, a 10- foot-wide general utility easement is provided, measured from the property line after the dedication, to be available to allow for future undergrounding of utilities. As discussed with City staff prior to the submission of this application, the FPL transmission lines will not be required to be buried, however the lesser utilities such as cable and phone, will be buried within the 10’ utility easement. The 10’ utility easement rather than the inside edge of the active zone, creates the build to line for the proposed buildings. According to Article II, Section 4.B.3.c, the property line abutting Potter Road does not require a landscape strip, however foundation landscape and trees are required and proposed between the proposed buildings and the road right of way. The property to the east and south is Inlet Harbor Club Condominium (IHC), a multifamily residential development built in 1976 and unusually has three different zoning designations – the main parcel with the condominium building is zoned residential (R3), but the western portion of the property that fronts Federal Highway and abuts the south side of the subject property has recreational (REC) zoning and the property that abuts the east side of the subject property has a commercial (C3) designation. Based on the current zoning designations, a Type 2 Urban Landscape Buffer with a minimum width of 12’ is required along the east property line and a Type 1 Urban Landscape Buffer with a minimum of 5’ is required along the south property line, per Chapter 4, Article II, Section 4.B.3.c.(1) and (2). A variance is proposed for the east buffer to reduce the width of the buffer to 5’ and eliminate the requirement of a 6’ high masonry wall, as further addressed below and within the Justification Statement and Responses to Code Criteria section. Along the common abutting south and east property line is a substantial existing landscape buffer with areca hedges and a chain link fence. It is obvious that these buffers were planted as part of the overall IHC development and provide separation from the subject property which has historically been used for commercial use. With this application to change the subject property from commercial to residential use, the abutting properties are more compatible with the residential use of the IHC property. Art. II, Section 4, Table 4-5 requires an Urban Landscape Barrier between incompatible uses and zoning districts; or where there are differences in density, intensity or building heights; or for those certain uses requiring additional screening in order to provide a continuous solid opaque, visual screen of at least six (6) feet in height comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and/or berm to create the necessary screening. Footnote #4 of Table 343 Potter Townhomes Page | 5 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 4-5 goes on to allow for decreases to the buffer requirement due to existing buffers and screening on abutting properties. As indicated, the IHC property has substantial areca hedges and a chain link fence on their property where it abuts the subject property. The Applicant’s Agent has also communicated with the President of the IHC HOA to not only present the proposed project, but to discuss the treatment of the common property lines. IHC has no immediate intention to modify the existing areca hedge that provides complete screening. Accordingly, this application proposes a reduction in the east landscape buffer width from 12’ to 5’ wide, however the buffer will be planted to meet the requirements of the Urban Landscape Barrier with a minimum of one (1) tree spaced every twenty (2) linear feet and two (2) staggered rows of hedges which comply with the requirements of Table 4-5 and supplements the existing screening along the east and south property lines. The proposed landscape plan provides the planting details for all perimeters of the subject site. The proposed development will meet all Concurrency requirements. Preliminary Engineering Plans, prepared by Caulfield & Wheeler, and a Traffic Study, prepared by JMD Traffic Consulting, are provided with this application for review and analysis. A Traffic Performance Standards (TPS) letter from Palm Beach County has been requested along with a School Capacity Determination letter from the School District of Palm Beach County confirming there is adequate capacity to accommodate the resident population for the 8-unit development. The Applicant will address the public art requirement, during the application and permitting process. CONCLUSION Attached are detailed responses and justification to the code required technical criteria and standards of each of the following components of this application.  Future Land Use Map Amendment from Local Retail Commercial (“LRC”) to High Density Residential, 15 dwelling units per acre (“HDR-15 du/ac”)  Rezoning from C3 to Infill Planned Unit Development (“IPUD”)  New Master Plan & New Major Site Plan  Variance for East Landscape Buffer In conclusion, the proposed development plan of an 8-unit townhome development is compatible with the surrounding residential area, it is consistent with the CRA Redevelopment Plan for the Federal corridor for the purpose and intent of the HDR-15 du/ac land use classification, and it complies with the IPUD zoning and regulations for the Future Land Use Map Amendment, Rezoning, Master & Site plan approval and Variance. Should you need any additional information, the project managers at UDS are Bradley Miller, AICP (bmiller@udsflorida.com) and Ailish Villalobos (avillalobos@udsflorida.com) who can be reached at 561-366-1100. 344 Potter Townhomes Page | 6 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 JUSTIFICATION STATEMENT & RESPONSES TO CODE CRITERIA REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS/REZONING Chapter 2, Article II, Section 2.D.3, Section 2.B.3 of the Land Development Regulations contains the following review criteria, except for city-initiated rezonings, which shall at a minimum meet criterion (b) for “Consistency” approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on the following applicable factors. Following each of these criteria is an explanation of how this application complies with each of the criteria. (a) Demonstration of Need. Whether the proposed amendments to the FLU and zoning maps are supported by the implementation of the City’s vision for, or changes in the conditions or character of development in, the area under consideration. Response: The subject property has a current land use and zoning for commercial uses, however the CRA Recommended land use is for residential development. Accordingly, this application requests a change to the land use and zoning pursuant to the adopted CRA Recommendation Plan. (b) Consistency. Whether the proposed amendments to the FLU and zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment plans, or any other current city-approved planning documents. Response: The CRA Recommendation Plan was adopted in 2017 by the City Commission to direct future development for this area and other areas within the City. These recommendations are carried out within the goals, objectives and policies of the Comprehensive Plan and Land Development regulations of which this proposed application is being reviewed for compliance. (c) Compatibility. The application shall consider whether the proposed future land use and zoning, or potential uses allowed in a proposed zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. Response: The City has planned for this property to be designated with the proposed HDR-15 DU/AC future land use by the CRA Redevelopment Plan and the IPUD zoning regulations have been established to provide for regulations for development to be compatible for smaller infill parcels such as the subject site. The IPUD regulations are found in Chapter 3, Article III, Section 2, G of the Land Development Regulations and are addressed below. In addition, the Inlet Harbor Club property that abuts the east and south boundaries of the subject site is developed as a 61-unit condominium building constructed on the eastern half of the 6.0-acre property, closer to the Intracoastal Waterway. The western portion of the Inlet Harbor Club property and those areas that abut the subject property 345 Potter Townhomes Page | 7 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 are either tennis courts or a secondary driveway from Potter Road that is gated and appears to not be routinely used by the community. As indicated above, along the common property lines of the subject site, there is a substantial areca palm hedge that is approximately 12’ high and predominately an opaque screen between the properties. East of the secondary driveway, there are single family homes along Potter Road which connects with N. Lake Drive and loops to the north to Dimick Road that also intersects with Federal Highway. The proposed residential FLUM amendment and zoning change creates a more compatible relationship with the neighborhood than the current commercial land use and zoning designations. Considering the surrounding uses, the CRA recommendation and existing vegetative screening, the proposed development is sufficiently compatible with neighborhood. (d) Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. Response: The surrounding land use pattern includes residential uses to the south, east, northeast, and west across Federal Highway. The businesses to the north are older structures, however this property has the same CRA Recommended land use of HDR as the subject property. Approval of this application consistent with the land use pattern in the area as well as the recommendation of the CRA Recommendation Plan and will not encourage piecemeal development or create an undevelopable parcel. (e) Location Efficiency. Whether the proposed amendments to the FLU and zoning maps would support complementary land uses; the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties. Response: Given the small size of this property, having a mix of land uses is unreasonable to achieve. However, the development is being proposed to comply with the sustainable criteria of the City’s LDR’s, including 4 units with EV car charging stations in unit garages (and each garage unit wired for EV car charging capabilities). The property has direct access to Federal Highway which is Palm Tran Bus Route 329 northbound and Route 177 for southbound travel. There is an existing northbound bus stop approximately 150 feet to the north of the property and an existing southbound bus stop directly across Federal Highway from the property. As such, the Applicant is in communication with Palm Tran to identify an off-site location for a bus shelter that will better serve the City of Boynton Beach, and it will be the Applicant’s responsibility to provide funding for the associated bus shelter construction costs. (f) Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI, Concurrency. Response: All public services and infrastructure required for the development are available and provided by the City of Boynton Beach. 346 Potter Townhomes Page | 8 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 (g) Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: A. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and B. Represent a potential decrease in the number of uses with high probably economic development benefits. (2) Whether the proposed rezoning/FLUM amendments would: A. Create new employment opportunities; B. Contribute to the enhancement and diversification of the City’s tax base; C. Response to the current or anticipated market demand or community needs; D. Alleviate economic obsolescence of the subject area. Response: The subject property has a current land use and zoning for commercial uses and is vacant. The CRA Recommended land use for the subject site is for residential development. Accordingly, this application requests a change to the land use and zoning pursuant to the adopted CRA Recommendation Plan which is consistent with surrounding land use pattern includes residential uses to the south, east, northeast, and west across Federal Highway. The proposed 8-townhome unit development will contribute the City’s tax base and will offer additional housing opportunities to address current community needs and market demand. (h) Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed amendments to the FLU and zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides evidence of satisfying at least two of the Direct Economic Development Benefits listed in subparagraph “g” above. Response: The 0.587-acre site is located on N. Federal Highway within the Boynton Beach CRA, Federal Highway North District. The surrounding uses include residential uses to the south, east, northeast, and west across Federal Highway. The CRA Recommended land use for the subject property is HDR. Given the small size of this property and CRA land use recommendation, it does not seem the site is suitable for commercial/industrial development. 347 Potter Townhomes Page | 9 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 REVIEW CRITERIA - INFILL PLANNED UNIT DEVELOPMENT (IPUD) Chapter 3, Article III, Section 2.G.1. of the City’s Land Development Regulations states the purpose and intent of the Infill Planned Unit Development District as well as the prerequisite location standards. This property and the proposed development are the perfect example of why these regulations were established as justified by the following according to the sequential paraphrased sections of the referenced code: The purpose of the IPUD zoning district is to implement the High Density Residential (HDR) and Special High Density Residential (SHDR) future land use map (FLUM) classifications of the Comprehensive Plan. The district is intended for infill purposes, promoting new development and redevelopment in areas located east of I-95 at densities no greater than 20 du/ac. • The Community Redevelopment Agency (CRA) has recommended that the most appropriate future land use designation for the subject site is HDR-15 DU/AC, which allows for a maximum density of 15 units per acre. • The subject site is located along Federal Highway east of I-95 within the boundary of the CRA-Federal Highway corridor and within the Urban Commercial District Overlay (UCDO). • The 0.587-acre site has a maximum build-out of 8 units based on maximum density of 15 du/ac. The IPUD district will include design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. • The design of the proposed development was generally described above and are graphically depicted by the provided plan set. The subject property is small; however the development will offer residential units with a significant amount of living space, outdoor patios/balconies, garages and recreational use areas that exceeds the IPUD criteria. The units are positioned near the roadways with pedestrian walkways and front patio areas consistent with the goals of the CRA Redevelopment Plan. • The standards for IPUD developments are flexible to allow for creative and responsible infill developments. This is a small site and will only be developed if the regulations are more flexible than standard zoning districts. The site regulations for IPUD development found in Table 3-11 mostly indicate “flexible” relative to project area, frontage and setbacks. The proposed development plan complies with the standards for IPUD developments and other applicable sections of the LDR’s. Considering the low number of units and traffic from the development, as well has when combined with driveway space behind each garage, the 20 feet is sufficient for access to all of the units as well as compliant for access by Fire/EMS vehicles and garbage vehicles. 348 Potter Townhomes Page | 10 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 • Setbacks for the building area have been established in accordance with Pedestrian Zone and the 10-foot-wide utility easement requirements along Federal Highway and with sufficient landscape areas on the three other site perimeter boundaries. Buildings are located at the build to line and outside of sight/visibility triangles yet provide a pedestrian friendly frontage with patio space and individual sidewalks leading to each unit to engage activity with the street frontage. • Although the maximum building height allowed by IPUD zoning is 45-feet, the proposed structures are designed at 35-feet, as defined by City code, for consistency with surrounding uses and architectural compliance. The IPUD shall minimize adverse impacts on surrounding property. In order to be approved an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. • The City has planned for this property to be designated with the proposed HDR- 15 du/ac future land use by the CRA Redevelopment Plan and the IPUD zoning regulations have been established to provide for regulations for development to be compatible for smaller infill parcels such as the subject site. The IPUD regulations are found in Chapter 3, Article III, Section 2, G of the Land Development Regulations and are addressed below. In addition, the Inlet Harbor Club property that abuts the east and south boundaries of the subject site is developed as a 61-unit condominium building constructed on the eastern half of the 6.0-acre property, closer to the Intracoastal Waterway. The western portion of the Inlet Harbor Club property and those areas that abut the subject property are either tennis courts or a secondary driveway from Potter Road that is gated and appears to not be used by the community. As indicated above, along the common property lines of the subject site, there is a substantial areca palm hedge that is approximately 12’ high and predominately an opaque screen between the properties. East of the secondary driveway, there are single family homes along Potter Road which connects with N. Lake Drive and loops to the north to Dimick Road that also intersects with Federal Highway. The proposed residential FLUM amendment and zoning change creates a more compatible relationship with the neighborhood than the current commercial land use and zoning designations. Considering the surrounding uses, the CRA recommendation and existing vegetative screening, the proposed development is sufficiently compatible with neighborhood. The IPUD district is optimum when there is an opportunity to promote sustainability with respect to land use, energy conservation, resource management and social equity. Rezoning to the IPUD district is encouraged for proposed development on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. 349 Potter Townhomes Page | 11 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 • The subject property and proposed development satisfy the requirements for sustainability as indicated on the provided Site Plan. This property also has direct access to both northbound and southbound Palm Tran bus stops, both of which are within 150 feet of the property. • The other locational standards only pertain to non-residential uses and therefore are not applicable to this application. The proposed development and design are consistent with the character of new development along the CRA Federal Highway corridor as well as the recommendations of the CRA Redevelopment Plan. The IPUD zoning provides the flexibility to implement the goals and policies of the CRA Plan and Comprehensive Plan. 350 Potter Townhomes Page | 12 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 REVIEW CRITERIA - MAJOR SITE PLAN APPLICATION The application process set forth in Chapter 2, Article II is established to allow City professional staff to review the proposed Master Plan and Site Plan for compliance with the review criteria and regulations of the proposed zoning district of Chapter 3, Article III and Site Development Standards described in Chapter 4, Article XII. The findings of the City staff review will be provided with a staff report to be presented to the City Commission for final action on this application request. 351 Potter Townhomes Page | 13 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 VARIANCE APPLICATION The subject site and the parcel to the east are currently and have historically been zoned for commercial uses. The adjacent parcel, however, is approved for and historically improved as a secondary driveway associated with the residential community of Inlet Harbor Club. The adjacent parcel has not been rezoned for the residential use that it serves and therefore is considered a legal nonconformity. Both the subject site and the adjacent parcel to the east are identified on the CRA Recommendation Plan for residential uses under the HDR zoning district. The proposed rezoning of the subject site for residential use adjacent to historical and existing C3 commercial zoning creates the requirement for a 12-foot-wide Type 2 Urban Landscape Buffer with a 6-foot masonry wall, according to Table 4-4 of the City’s Land Development Regulations as shown below. The actual uses of the proposed residential Potter Townhomes and the secondary driveway of the residential Inlet Harbor Club, especially with the existing hedge and the additional landscaping proposed within a 5-foot-wide buffer will provide more than sufficient screening, buffering and compatibility between the two properties. The code, however, does not provide a method for relief to this requirement, other than a variance application. Therefore, this application requests approval of a variance from Table 4- 4 Urban Landscape Buffer (Type 2) in Part III, Chapter 4, Article II, Section 4.B.c.(2) to reduce the 12-foot landscape buffer width to 5-foot and eliminate the 6-foot masonry buffer wall requirement along the eastern property line. 352 Potter Townhomes Page | 14 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 REVIEW CRITERIA - VARIANCE Chapter 2, Article II, Section 4.D.3 of the City’s Land Development Regulations states that in order for the City Commission to grant a variance, the Applicant must demonstrate that: a. The special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district. Response: The historical commercial land use and zoning on the adjacent property to the east creates the special circumstance to implement the CRA recommendation for residential use on the subject property. As indicated in the narrative, this property and the property abutting to the east are historically designated with commercial land use and zoning, however, also recommended by the CRA Redevelopment Plan to be developed with high density residential uses. This application proposes to change the zoning from commercial to residential for the subject property, which leaves the commercial designation on the property abutting to the east. Although the abutting property is currently used for access to Inlet Harbor Club Condominiums and is unlikely to ever be used for commercial uses, there is an incompatibility, or a special circumstance, with the IPUD (residential) zoning of the subject parcel and the commercial zoning of the abutting property. When there is an incompatibility of zoning between properties, the Code requires a Type 2 Urban Landscape Buffer which is 12’ wide and includes a 6’ high wall and landscaping. Given the subject site is small, it is important to efficiently design the property to allow for sufficient access, circulation, and open space. Therefore, the proposed plan has been designed with a 5’ wide buffer along the east property line versus the required 12’ wide buffer and the only method of relief to this requirement allowed by the Code is a variance application. Even though the width is reduced, there is an existing and substantial areca palm hedge on the adjacent property plus the subject property will meet the Type 2 Urban Landscape Buffer planting requirements of 1 tree spaces every 20’-30’ on center, mulched, and a continuous hedge 3’ in height within the proposed 5’ landscape buffer, adding to the screening between the two properties. Photos are provided below of the existing driveway and hedge with the subject site to the right side. 353 Potter Townhomes Page | 15 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 b. That special conditions and circumstances do not result from the actions of the Applicant for the variance. Response: The special circumstance is derived from the CRA recommendation of use from the current commercial designations to high density residential use and not the result of the Applicant. The Applicant is following the current recommendations of the City and the implementation of the CRA Redevelopment Plan for this area of Federal Highway and given the small size of the property and other design related regulations, the reduction to the width of the buffer will allow for an efficient design and maintain an adequate screen between the two properties. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same district. Response: The request of a variance similar to this would be expected for any other property with this same circumstance of incompatibility between historic commercial designation that is no longer applicable and the current proposed and recommended residential designations. d. The literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Response: Applying the literal interpretation of this section of the code would require a 12-foot-wide buffer that would reduce the developable area of a property that is small to begin with and impact the marketability of the residential units. Considering the circumstances for the variance, the variance will relieve the undue hardship and allow for an efficient design of the desired residential development. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. Response: The reduction to a 5’ wide buffer from the 12’ wide buffer is the minimum width of a buffer within the City regulations and therefore the minimum variance to allow for an efficient design of the desired residential development. 354 Potter Townhomes Page | 16 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Response: Although the variance would reduce the width of the buffer and eliminate the requirement of a wall, given the circumstances of the driveway use of the adjacent property as well as the historic commercial zoning, the existing areca palm hedge and the addition of landscaping within the proposed development will provide an abundant buffer for harmony between the two uses and not be injurious or detrimental to the area or public welfare. 355 3-STORY MULTI-FAMILYRESIDENCES - BLDG. A & B@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S356 11POTTER ROAD40' PUBLIC R/W (IMPROVED)NORTH FEDERAL HIGHWAY 173.28'25' X 25'SIGHT TRIANGLE156.40'153.97'157.59'EXISTING FIRE HYDRANTEXISTING CHAIN LINK FENCEREC. AREA946 ± SFREC. AREA753 ± SFLANDSCAPELANDSCAPELANDSCAPEEXISTING CHAIN LINK FENCE & ARECAHEDGE ON ADJACENT PROPERTYMAILKIOSKPROPOSED SIGNPROPOSEDPROPERTY LINE10.0' SIDEWALK8.0' ACTIVE ZONE25.0' BUILD TO LINEFROM BACK OF CURB5.0' STREETTREE WELLS10.0'UE3.3' ROW DEDICATION2 PARKING SPACESPEDESTRIAN PATHPEDESTRIAN PATH9.3' REAR SETBACK9.8' SIDESETBACK11.0' FRONTSETBACK15.0' SIDESETBACKRESIDENTIAL -TOWNHOME2,764 SF PER UNIT(A/C LIVING)2 UNITS PERBUILDING AT 3STORIES35'-0" MAX. HEIGHT5.0' URBAN LANDSCAPE BUFFER (TYPE 1)5.0' URBAN LANDSCAPE BUFFER (TYPE 2)24.0'RESIDENTIAL -TOWNHOME2,764 SF PER UNIT(A/C LIVING)2 UNITS PERBUILDING AT 3STORIES35'-0" MAX. HEIGHTRESIDENTIAL -TOWNHOME2,764 SF PER UNIT(A/C LIVING)2 UNITS PERBUILDING AT 3STORIES35'-0" MAX. HEIGHTRESIDENTIAL -TOWNHOME2,764 SF PER UNIT(A/C LIVING)2 UNITS PERBUILDING AT 3STORIES35'-0" MAX. HEIGHT12.0'12.0'FLU: R & MEDRZONING: REC & R3EXISTING USE: MF RESIDENTIAL(INLET HARBOR CONDOMINIUM)FLU: LRC ZONING: C3 EXISTING USE: MF RESIDENTIAL (LANDSCAPE/DRIVEWAY)FLU: LRC & C3ZONING: C3EXISTING USE: MEDICAL OFFICEFLU: MEDRZONING: PUDEXISTING USE: MULTI-FAMILYRESIDENTIAL FLU: LRC ZONING: C3 EXISTING USE: SF RESIDENTIALFIRE HYDRANT6.0' PUBLIC ACCESS EASEMENT5.0' PUBLIC ACCESS EASEMENT12.0'U.E.5.0'U.E.5.0'U.E.12.0'U.E.Urban DesignLand PlanningLandscape ArchitecureRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Scale:0NORTHCopyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LA0001739H:\JOBS\Potter Townhomes_(Formerly 2508 Federal)_23-001\Dwyer Construction & Development, Inc._DD_.000\Drawings\Master Plan\2024.01.15_MP_Resubmittal.dwgApril 202323-001.000JEBJEBBDMMP-1of 12023-06-26 Submittal2023-10-31 Resubmittal2024-01-12 ResubmittalCity of Boynton Beach, Florida Master Plan Potter Townhomes 40'20'10'1" = 20'-0"LOCATION MAPDEVELOPMENT TEAMOWNER / APPLICANT: DWYER CONSTRUCTION &DEVELOPMENT, INC.109 DIXIE BLVD.DELRAY BEACH, FL 33444LANDSCAPE ARCHITECT & PLANNER:URBAN DESIGN STUDIO610 CLEMATIS STREET, SUITE CU02WEST PALM BEACH, FL 33401(561) 366-1100ARCHITECT:BRENNER ARCHITECTS751 PARK OF COMMERCE DRIVE #110BOCA RATON, FL 33487(561) 241-6736SURVEYOR:CAULFIELD & WHEELER, INC.7900 GLADES ROAD, SUITE 100BOCA RATON, FL 33434(561) 392-1991CIVIL ENGINEER:CAULFIELD & WHEELER, INC.7900 GLADES ROAD, SUITE 100BOCA RATON, FL 33434(561) 392-1991 NORTHN.T.S.SITE DATAPOTTER ROADNORTH FE D E R A L H I G H W A Y SITENOTES1.THIS PLAN IS BASED ON A SURVEY PREPARED BY CAULFIELD & WHEELER, INC. DATED APRIL 2023.2.THIS PLAN IS SUBJECT TO APPLICABLE ZONING AND DEVELOPMENT REGULATIONS.3.ALL PLANS SUBMITTED FOR PERMITTING SHALL MEET THE CITY'S CODES AND THE APPLICABLE BUILDING CODES IN EFFECTAT THE TIME OF PERMIT APPLICATION.4.ALL ABOVE GROUND MECHANICAL EQUIPMENT SUCH AS, BUT NOT LIMITED TO, EXTERIOR UTILITY BOZES, METERS, ANDTRANSFORMERS SHALL BE VISUALLY SCREENED.5.CURB CUT REQUIRED WHERE ACCESS AISLE MEETS SIDEWALK.6.ALL UTILITIES ARE AVAILABLE AND WILL BE PROVIDED BY THE APPROPRIATE AGENCIES.7.ALL PLANS SUBMITTED FOR SPECIFIC PERMITS SHALL MEET THE CITY'S CODE REQUIREMENTS AT TIME OF APPLICATION.THESE PERMITS INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: SITE LIGHTING, PAVING, DRAINAGE, CURBINGLANDSCAPING AND IRRIGATION. PERMITS REQUIRED FROM OTHER PERMITTING AGENCIES SUCH AS FDOT, PBC, SFWMD,DERM, LWDD, FDEP, AND ANY OTHERS, SHALL BE INCLUDED WITH THE PERMIT REQUEST.8.ALL STRIPING AND SIGNAGE SHALL CONFORM TO THE ENGINEERING DESIGN HANDBOOK & CONSTRUCTION STANDARDS.9.THE DRAINAGE SYSTEM SHALL CONFORM TO ENGINEERING DESIGN HANDBOOK & CONSTRUCTION STANDARDS.10.ALL ELEMENTS WITHIN THE PEDESTRIAN ZONE WILL BE MAINTAINED BY THE PROPERTY OWNER(S).11.OWNER IS RESPONSIBLE FOR BUILDING FOOTPRINT, ALL OTHER AREAS WITHIN THE PROJECT SITE IS MAINTAINED BY HOA.LEGENDTYP.TYPICALSF.SQUARE FEETREC.RECREATIONOWNER / PROPERTY LINEBUILDING / SITE REGULATIONS - IPUD DISTRICT 357 GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATHVEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATHVEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATHVEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATHVEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.2 UNITS 2 UNITS 2 UNITS 2 UNITS 8.0 F.F.E. 8.0 F.F.E. 8.0 F.F.E. 8.0 F.F.E. 1 1 2 UNITS 2 UNITS POTTER ROAD 40' PUBLIC R/W (IMPROVED)NORTH FEDERAL HIGHWAY2 UNITS 2 UNITS 8.0 F.F.E. 8.0 F.F.E. 8.0 F.F.E. 8.0 F.F.E. 25' X 25' SIGHT TRIANGLE *NO CONSTRUCTION PR PLANTING SHALL OBSTRUCT THE SAFE-SIGHT DISTANCE TRAINGLE CROSS-VISIBILITY BETWEEN THRITY (30) INCHES AND EIGHT (8) FEET ON THE CROWN ELEVATION OF THE STREET (LDR Ch. 4. Art. VIII. Sec. 3.C.4.u. and Engineering Design Handbook and Construction Standards - reference Engineering Detail P-10) EXISTING FIRE HYDRANT EXISTING CHAIN LINK FENCE REC. AREA (BBQ & OPEN PLAY) 946 ± SF B FLU: R & MEDR ZONING: REC & R3 EXISTING USE: MF RESIDENTIAL (INLET HARBOR CONDOMINIUM) A EXISTING CHAIN LINK FENCE & ARECA HEDGE ON ADJACENT PROPERTY 4.0' 4.0' 4.0' PROPOSED DRIVEWAY (EXISTING TO BE RECONSTRUCTED) REC. AREA (DOG WALK) 753 ± SF LANDSCAPELANDSCAPEPROPOSED 4' RAIL FENCE 4.0' EXISTING CHAIN LINK FENCE & ARECA HEDGE ON ADJACENT PROPERTY FLU: LRCZONING: C3EXISTING USE: MFRESIDENTIAL(LANDSCAPE/DRIVEWAY)EXISTING DRIVEWAY (INLET HARBOR CONDOMINIUMS) MAIL KIOSK FLU: LRC & C3 ZONING: C3 EXISTING USE: MEDICAL OFFICE FLU: MEDRZONING: PUDEXISTING USE: MULTI-FAMILYRESIDENTIALC D GATE, TYP. PROPOSED CROSSWALK STRIPING, TYP. PROPOSED SIGN FLU: LRCZONING: C3EXISTING USE: SF RESIDENTIALPROPOSED 4' RAIL FENCE TYP. PROPOSED 4' RAIL FENCE TYP. CL ULTIMATE PROPERTY LINE 5.0' URBAN LANDSCAPE BUFFER (TYPE 1)10.0' SIDEWALK9.3' REAR SETBACK 44.0' 50.0' 20.0' 20.0' 5.0' STREET TREE WELLS PROPOSED 5.0' SIDEWALK 9.8' SIDE SETBACK 5.0' URBAN LANDSCAPE BUFFER (TYPE 2)(SEE DETAIL ON THIS SHEET)20.0' 14.0'10.0' UE8.9' 3.3' ROW DEDICATION 11.0' FRONT SETBACK 15.0' SIDE SETBACK PROPOSED 4' RAIL FENCE LIGHT POLE, TYP. LIGHT, TYP. LIGHT, TYP. LIGHT POLE, TYP. 10' x 10' TYP. SIGHT TRIANGLE 10' x 10' SIGHT TRIANGLE 24.0' 18.0'10.7' 11.4' 24.0' BBQ GRILL(S) FENCE & SECURED GATE RESIDENTS ONLY PROPOSED 5.0' SIDEWALK 4.0' 25.0' BUILD TO LINE FROM BACK OF CURB PROPOSED RETAINING WALL (SEE ARCH. PLANS FOR DETAILS)STORMSTORMWATERWATERSANITARYGAS GAS GASGAS157.59'EXISTING WATER MAIN173.28'156.40'153.97' STORM STORM PROPOSED 8' x 22' PARALLEL SPACE (2 GUEST SPACES) PER DETAILS K-9 (AC)ENTRYSTOOP8.0' ACTIVE ZONESHADE SAIL BIKE RACK LOOP (5 SP.) TRASH RECEPTACLE BENCH, TYP. PUTTING GREEN (3 HOLES) TURF - LIGHT GREEN, TYP. STEPPING STONES, TYP. 10.0' 2.0' VALLEY CURB *DOG WASTE STATION 22.0' TYP. DOG BRIDGE CLIMB PROPOSED 4' RAIL FENCE ENTRYSTOOPENTRYSTOOPENTRYSTOOPENTRY GARDENENTRY GARDENENTRY GARDENENTRY GARDENPROPOSED RECONSTRUCTED ROAD 40.0'ROW143.8'SHADE SAIL TURF - DARK GREEN 4.0' 8.0' TYP. 4.0' 8.7' 7.8'OPENDECK33.8' 78.1' 66.3' FRONT SETBACK TO DRIVEWAY 5.0' 12.0'12.0' FIRE HYDRANT 12.0' U.E.OPENDECKOPENDECKOPENDECK6.0' PUBLIC ACCESS EASEMENT 5.0' PUBLIC ACCESS EASEMENT BOLLARD BOLLARD TRANSFORMER 12.0' U.E. 5.0' U.E. 5.0' U.E. SUSTAINABILITY DEVELOPMENT CHART EFFICIENCY COOLING ALL AIR CONDITIONERS ARE ENERGY STAR QUALIFIED. MINIMUM SEER 16 POINTS ENERGY STAR CERTIFIED WATER HEATERS ALL WATER HEATERS WITHIN A BUILDING ARE 100% ENERGY STAR 2 2 LIGHTING PROVIDING ENERGY EFFICIENT LIGHTING SUCH AS LED LIGHTING FOR BUILDING INTERIORS FOR 100% OF PROPOSED LIGHTING 1 ENERGY STAR APPLIANCES ALL APPLIANCES WITHIN A BUILDING ARE 100% ENERGY STAR 2 TREE CANOPY PROVIDE CANOPY TREES PROVIDED IN AN AMOUNT THAT EXCEEDS THE MINIMUM NUMBER OF REQUIRED TREES BY 25% 5 ELECTRIC CHARGING STATIONS PROVIDING A MINIMUM OF FOUR (4) OVER THE REQUIRED NUMBER OF ELECTRIC CAR CHARGING STATIONS - EACH GARAGE WILL BE EV READY 4 1. ENERGY: 4. URBAN NATURE: 5. TRANSPORTATION: TOTAL REQUIRED - 15 TOTAL PROVIDED 16 MEDIUM SHRUB @ MIN. 20" HT. AND/OR GROUNDCOVER @ MIN. 12" HT. LARGE SHRUB @ MIN. 36" HT. SHADE TREE EXISTING ARECA PALMS PROPERTY LINE POTTER TOWNHOMES +/- 20.0' HT. 3' WIDE SWALE RETAINING WALL *5.0' URBAN LANDSCAPE BUFFER (TYPE 2) EXISTING DRIVEWAY +/- 22.0' Urban Design Land Planning Landscape Architecure Revision Dates: Designed By: Drawn By: Checked By: Project No.: Date: Scale: 0 NORTH Copyright: All ideas, designs, arrangements, and plans represented by this drawing are owned by and the property of the designer, and were created for the exclusive use of the specified project. These ideas, designs, arrangements or plans shall not be used by, or disclosed to any person, firm, or corporation without the written permission of the designer. 610 Clematis Street, Suite CU02 West Palm Beach, FL 33401 561.366.1100 FAX 561.366.1111 www.udsflorida.com #LA0001739 H:\JOBS\Potter Townhomes_(Formerly 2508 Federal)_23-001\Dwyer Construction & Development, Inc._DD_.000\Drawings\Site Plan\2024-01-12_SP_Resubmittal.dwgApril 2023 23-001.000 JEB JEB BDM SP-1 of 2 2023-06-26 Submittal 2023-10-31 Resubmittal 2024-01-12 Resubmittal City of Boynton Beach, FloridaSite PlanPotter Townhomes40'20'10' 1" = 20'-0" LOCATION MAP DEVELOPMENT TEAM OWNER / APPLICANT: DWYER CONSTRUCTION & DEVELOPMENT, INC. 109 DIXIE BLVD. DELRAY BEACH, FL 33444 LANDSCAPE ARCHITECT & PLANNER: URBAN DESIGN STUDIO 610 CLEMATIS STREET, SUITE CU02 WEST PALM BEACH, FL 33401 (561) 366-1100 ARCHITECT: BRENNER ARCHITECTS 751 PARK OF COMMERCE DRIVE #110 BOCA RATON, FL 33487 (561) 241-6736 SURVEYOR: CAULFIELD & WHEELER, INC. 7900 GLADES ROAD, SUITE 100 BOCA RATON, FL 33434 (561) 392-1991 CIVIL ENGINEER: CAULFIELD & WHEELER, INC. 7900 GLADES ROAD, SUITE 100 BOCA RATON, FL 33434 (561) 392-1991 NORTH N.T.S. SITE DATA POTTER ROAD NORTH FEDERAL HIGHWAYSITE PROPERTY DEVELOPMENT REGULATIONS NOTES 1.THIS PLAN IS BASED ON A SURVEY PREPARED BY CAULFIELD & WHEELER, INC. DATED APRIL 2023. 2.THIS PLAN IS SUBJECT TO APPLICABLE ZONING AND DEVELOPMENT REGULATIONS. 3.ALL PLANS SUBMITTED FOR PERMITTING SHALL MEET THE CITY'S CODES AND THE APPLICABLE BUILDING CODES IN EFFECT AT THE TIME OF PERMIT APPLICATION. 4.ALL ABOVE GROUND MECHANICAL EQUIPMENT SUCH AS, BUT NOT LIMITED TO, EXTERIOR UTILITY BOZES, METERS, AND TRANSFORMERS SHALL BE VISUALLY SCREENED. 5.CURB CUT REQUIRED WHERE ACCESS AISLE MEETS SIDEWALK. 6.ALL UTILITIES ARE AVAILABLE AND WILL BE PROVIDED BY THE APPROPRIATE AGENCIES. 7.ALL PLANS SUBMITTED FOR SPECIFIC PERMITS SHALL MEET THE CITY'S CODE REQUIREMENTS AT TIME OF APPLICATION. THESE PERMITS INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: SITE LIGHTING, PAVING, DRAINAGE, CURBING LANDSCAPING AND IRRIGATION. PERMITS REQUIRED FROM OTHER PERMITTING AGENCIES SUCH AS FDOT, PBC, SFWMD, DERM, LWDD, FDEP, AND ANY OTHERS, SHALL BE INCLUDED WITH THE PERMIT REQUEST. 8.ALL STRIPING AND SIGNAGE SHALL CONFORM TO THE ENGINEERING DESIGN HANDBOOK & CONSTRUCTION STANDARDS. 9.THE DRAINAGE SYSTEM SHALL CONFORM TO ENGINEERING DESIGN HANDBOOK & CONSTRUCTION STANDARDS. 10.ALL ELEMENTS WITHIN THE PEDESTRIAN ZONE WILL BE MAINTAINED BY THE PROPERTY OWNER(S). 11.ALL TRASH CANS WILL BE ROLLED TO POTTER STREET BY OWNER. BULK PICK UP WILL BE A SPECIAL PICK UP AND REQUEST BY OWNER. LEGEND TYP.TYPICAL SF.SQUARE FEET REC.RECREATION *5' URBAN LANDSCAPE BUFFER (TYPE 2) DETAIL *VARIANCE REQUESTED 358 GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATHVEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATHVEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATHVEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATHVEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.5.0' 1 1 F.F. ELEV @ 8.00 NAVD GARAGES = 7.33 NAVD F.F. ELEV @ 8.00 NAVD GARAGES = 7.33 NAVD F.F. ELEV @ 8.00 NAVD GARAGES = 7.33 NAVD F.F. ELEV @ 8.0 NAVD GARAGES = 7.33 NAVD PROP. RETAINING WALL (MIN. TOP ELEV.=7.90') (REFER TO ARCH. PLANS FOR FINAL WALL HEIGHT FOR PRIVACY/EDGE PROTECTION AND TO STRUCTURAL PLANS FOR DETAILS) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: FL. EL.: FL. EL.: D-5 "II" 6.55 1.50 (N) LIMITS OF PROP. RETAINING WALL (MIN. TOP ELEV.=7.90') (REFER TO ARCH. PLANS FOR FINAL WALL HEIGHT FOR PRIVACY/EDGE PROTECTION AND TO STRUCTURAL PLANS FOR DETAILS) LIMITS OF PROP. RETAINING WALL (MIN. TOP ELEV.=7.90') (REFER TO ARCH. PLANS FOR FINAL WALL HEIGHT FOR PRIVACY/EDGE PROTECTION AND TO STRUCTURAL PLANS FOR DETAILS) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: FL. EL.: FL. EL.: D-4 "III" 6.55 1.50 (N) 1.50 (S) -0.20 (W) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: FL. EL.: FL. EL.: D-7 "II" 7.37 1.50 (E) 3.80 (N) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: FL. EL.: FL. EL.: D-8 "III" 9.05 0.65 (W) 5.55 (S) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: FL. EL.: FL. EL.: D-3 "II" 6.55 0.05 (NE) 1.50 (S) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: FL. EL.: FL. EL.: D-2 "III" 6.33 -0.15 (SW) 1.50 (E) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: FL. EL.: FL. EL.: D-1 "II" 6.55 1.50 (W) 66 -(39)LF - 18" FRN DRN 55 -(45)LF - 18" FRN DRN 65 -(51)LF - 18" FRN DRN 62 -(46)LF - 18" FRN DRN 64 LF 15" RCP REPLACE EX. STRUCTUCE W/ NEW INLET MATCHING EX. INV. (S)/RIM ELEV. & NEW INV.(E)= 0.60 W/ 18 LF 15" RCP 4.9%WEIR AS OPEN TOP/CLOSED BOTTOM BAFFLE WITH TOP ELEV. 6.65 WITHIN D-7 STRUCT. No.: TYPE: GRATE EL.: FL. EL.: FL. EL.: FL. EL.: D-6 "II" 6.78 -0.20 (E) 1.50 (W) 22 LF 18" RCP 20 LF 18" RCP LIMITS OF PROP. RETAINING WALL (MIN. TOP ELEV.=6.75') (REFER TO ARCH. PLANS FOR FINAL WALL HEIGHT FOR PRIVACY/EDGE PROTECTION AND TO STRUCTURAL PLANS FOR DETAILS) EX. DROP CURB TO BE REPLACED WITH PROP. F-CURB EX. DROP CURB TO BE REPLACED WITH PROP. F-CURB B A C D PROP. 10' GUE CDDAA CB B 6.65 5.95 5.50 5.90 6.55 7.33 6.55 6.65 6.90 6.85 6.55 7.40 7.00 6.55 6.70 4.82 6.75 5.24 4.806.00 5.505.90 6.80 6.35 6.30 7.20 6.45 6.75 7.15 PROP. 10' GUE PROP. 5' UE FOR ELEC./TELECOM(TYP.)LANDSCAPE ARCHITECTURE - SURVEYINGCAULFIELD & WHEELER, INC.CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-14527900 GLADES ROAD - SUITE 100BOCA RATON, FLORIDA 33434 2508 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDAPOTTER TOWNHOMES##.## ##.####.##M.E.E. ALL ELEVATIONS SHOWN IN NAVD88 UNLESS OTHERWISE NOTED CONVERSION: NAVD88 = NGVD - 1.51' GENERAL NOTES: 1.) CONTRACTOR TO VERIFY DEPTH AND LOCATION OF EXISTING UTILITIES PRIOR TO ANY CONSTRUCTION. 2.) ALL DRAINAGE SYSTEMS SHALL BE PUMPED COMPLETELY DRY AND LAMPED AS A REQUIREMENT OF THE FINAL DRAINAGE INSPECTIONS. 3.) ALL ONSITE SIDEWALK SHALL BE CONSTRUCTED AT 1.5% MAXIMUM CROSS SLOPE AND 5% MAXIMUM LONGITUDINAL SLOPE. 4.) SIDEWALKS ABUTTING LOTS/UNITS/CLUBHOUSE TO BE CONSTRUCTED AT TIME OF BUILDING CONSTRUCTION, WHILE COMMON AREA SIDEWALK WILL BE INSTALLED FROM START OF JOB. 5.) STRUCTURAL FILL WILL BE REQUIRED TO BE USED UNDER ALL BUILDING PADS, RIGHTS-OF-WAY, AND OTHER STRUCTURAL ELEMENTS. 6.) THE MUCK AND GUMBO SHALL BE REMOVED IN THE AREA OF AND WITHIN 10 FEET OF PROPOSED PAVEMENT OR FOUNDATION AREAS. 7.) PAVEMENT MARKINGS AND GEOMETRICS SHALL BE IN ACCORDANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS AND PALM BEACH COUNTY TYPICAL T-P-18. 8.) ALL ADA ACCESSIBLE PARKING AREAS AND RAMP LANDINGS SHALL NOT EXCEED 2% SLOPE IN ANY DIRECTION CONCEPTUAL PAVING,GRADING & DRAINAGE PLAN359 GUEST BEDROOM (12'-6" x 11'-0") GATHERING ROOM (14'-0" x 12'-6") 2-CAR GARAGE (20'-0" x 20'-0") BATH VEST. MAIN ENTRY (14'-2" x 6'-4") UP STOR. GUEST BEDROOM (12'-6" x 11'-0") (14'-0" x 12'-6") 2-CAR GARAGE (20'-0" x 20'-0") BATH (14'-2" x 6'-4") ENTRY UP STOR. OPEN DECKENTRY GARDEN OPEN DECK SIDE MAIN ENTRY GATHERING ROOM ENTRY SIDE VEST. ENTRY GARDEN C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. A & B@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S360 UPDN LIVING ROOM (20'-2" x 13'-8") FAMILY ROOM (14'-10" x 13'-10") KITCHEN (14'-4" x 11'-0") DINING (12'-4" x 13'-2") POWDER BALCONY (12'-8" x 7'-8") BALCONY UP DN LIVING ROOM (20'-2" x 13'-8") FAMILY ROOM (14'-10" x 13'-10") KITCHEN (14'-4" x 11'-0") DINING (12'-4" x 13'-2") POWDER BALCONY BALCONY (12'-8" x 7'-8") C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. A & B@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S361 DN PRIMARY SUITE (13'-4" x 14'-0") BEDROOM # 3 (11'-0" x 11'-4") BEDROOM # 4 (11'-2" x 12'-0") LAUNDRY (9'-8" x 5'-8") PRIMARY BATH (11'-0" x 9'-0") W.I.C. W.I.C.BATH W.I.C. (6'-4" x 10'-0") BALCONY PRIMARY SUITE (13'-4" x 14'-0") BEDROOM # 3 (11'-0" x 11'-4") LAUNDRY (9'-8" x 5'-8") PRIMARY BATH (11'-0" x 9'-0") W.I.C.BATH W.I.C. (6'-4" x 10'-0") BALCONY DN VESTIBULEVESTIBULE BEDROOM # 4 (11'-2" x 12'-0") W.I.C. C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. A & B@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S362 C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. A & B@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S363 C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. A & B@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S364 C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. A & B@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S365 C DA B 3-STORY MULTI-FAMILYRESIDENCES - BLDG. A & B@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S366 MATERIAL NOTE: 1.CONTRACTOR TO VERIFY ALL QUANTITIES. IN CASE OF ANY DISCREPANCIES, GRAPHICALLY SHOWN MATERIAL QUANTITIES SHALL TAKE PRECEDENCE. 2.ALL CONSTRUCTION AND MATERIALS NOT SPECIFICALLY ADDRESSED IN THE CONTRACT DOCUMENTS OR SPECIFICATIONS SHALL BE IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL JURISDICTIONS AND GOVERNING BODIES/AGENCIES STANDARDS. 3.THE CONTRACTOR SHALL PROVIDE A FULL-SCALE MOCKUP AND RECEIVE APPROVAL FROM THE ARCHITECT FOR ALL SYSTEMS BEFORE BEGINNING CONSTRUCTION. 4.EXPANSION JOINTS SHALL BE PROVIDED WHERE FLATWORK MEETS VERTICAL STRUCTURES, SUCH AS WALLS, CURBS, STEPS, AND OTHER SIMILAR ELEMENTS. EXPANSION JOINTS SHALL ALSO BE PROVIDED AT MATERIAL CHANGES. EXPANSION JOINT MATERIALS/METHODS SHALL BE SUBMITTED TO THE ARCHITECT FOR REVIEW AND APPROVAL PRIOR TO INSTALLATION. 5.CONTROL JOINTS SHOULD BE SPACED NO GREATER THAN THE (10) LINEAR FEET MAXIMUM, UNLESS OTHERWISE SPECIFIED. EXPANSION JOINTS SHOULD BE SPACED NO GREATER THAN 40 (40) LINEAR FEET MAXIMUM, UNLESS OTHERWISE SPECIFIED. CONTRACTOR SHALL ADVISE ON OTHER JOINTS AS NEEDED TO MINIMIZE CRACKING. THIS INFORMATION SHALL BE SUBMITTED TO THE ARCHITECT FOR REVIEW AND APPROVAL PRIOR TO INSTALLATION. 6.CONTROL JOINTS SHALL BE PROVIDED AS SPECIFIED IN THE CONTRACT DOCUMENTS. CONTROL JOINT MATERIALS, METHODS AND RECOMMENDATIONS ON ADDITIONAL CONTROL JOINTS TO MINIMIZE CRACKING SHALL BE SUBMITTED TO THE ARCHITECT FOR REVIEW AND APPROVAL. 7.SAMPLES OF SPECIFIED MATERIALS SHOULD BE SUBMITTED TO THE ARCHITECT FOR REVIEW AND APPROVAL PRIOR PURCHASE. VERTICAL TRELLIS INTERIOR STREET VIEW HIGHWAY VIEW FRONT DOOR COLOR: MATERIAL: DIMENSIONS: SOURCE: BRONZE ALUMINUM/ / GLASS SEE PLANS TBD SINGLE FRENCH DR. COLOR: MATERIAL: DIMENSIONS: SOURCE: SEE PLANS T.B.D. SLIDING DOORS COLOR: MATERIAL: DIMENSIONS: SOURCE: ALUMINUM / GLASS SEE PLANS T.B.D. BRONZE BRONZE ALUMINUM / GLASS COLOR: FINISH: DIMENSIONS: SOURCE: WINDOWS (CASEMENT) BRONZE SEE PLANS TBD ALUMINUM / GLASS GLASS RAILING COLOR: FINISH: DIMENSIONS: SOURCE: TEMP. CLEAR GLASS SEE PLANS TBD SHOE RAIL GLASS RAILING WITH TILT-LOCK MATERIAL: DIMENSIONS: STYLE: FENCE ALUMINUM T.B.D. T.B.D. SOURCE:T.B.D. OUTDOOR SCONCES FINISH:BZ BRONZE COLOR: SOURCE: 3000K MODERN FORMS MODEL NAME:SKYSCRAPER DRIVEWAYS / WALKWAYS COLOR:LIGHT BROWN DIMENSION: SOURCE: SEE ELEVATIONS TBD MATERIAL:COMPOSITE WOOD DIMENSION:SEE SPEC SHEET MODEL #:WS-W68627 MATERIAL:STAINLESS STEEL AND GLASS FIXED SIDELIGHT COLOR: MATERIAL: DIMENSIONS: SOURCE: BRONZE ALUMINUM/ GLASS SEE PLANS TBD EXTERIOR WALL PAINT COLOR: FINISH: DIMENSIONS: SOURCE: SMOOTH STUCCO FINISH N/A SHERWIN-WILLIAMS EXTRA WHITE (SW 7006) COLOR: MATERIAL: DIMENSIONS: SOURCE: GARAGE DOOR ALUMINUM SEE PLANS TBD DARK GREY EXTERIOR WALL PAINT COLOR: FINISH: DIMENSIONS: SOURCE: SMOOTH STUCCO FINISH N/A SHERWIN-WILLIAMS GRAY SCREEN (SW 7071) EXTERIOR WALL PAINT COLOR: FINISH: DIMENSIONS: SOURCE: SMOOTH STUCCO FINISH N/A SHERWIN-WILLIAMS ENRICHED CLAY (SW 6349) MATERIAL: DIMENSIONS: STYLE: GATE P.T.WOOD T.B.D. T.B.D. SOURCE:T.B.D. COLOR:DARK BRONZE COLOR:STAINED DARK WOOD MATERIAL: DIMENSIONS: STYLE: ALUMINUM T.B.D. T.B.D. SOURCE:T.B.D. COLOR:DARK BRONZE COLOR: FINISH: DIMENSIONS: SOURCE: FIXED GLASS BRONZE SEE PLANS TBD ALUMINUM / GLASS NORTH FEDERAL 3-STORY MULTI-FAMILYRESIDENCES - BLDG. A & B@ POTTER TOWNHOMESCITY OF BOYNTON BEACH / PALM BEACH COUNTY, FLDWYER CONSTRUCTION & DEVELOPMENT, INC.DELRAY BEACH FL 33444PH. 561.271.5179LICENSE # : AA26001045 Tel 561.241.6736 Fax 561.241.8248 www.brennerarchgroup.com 7 5 1 Park of Commerce Dr. , Suite 110 Boca Raton, Florida 33487 , AIA, NCARBStuart M. BrennerL A N D P L A N N I N GA R C H I T E C T U R E I N T E R I O R S367 TREESCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTCA3Cassia fistula / Golden ShowerMin. 12` Ht. x 5` Spr., 4" Cal., Single Straight Trunk, Full CanopyYesYesCE15Conocarpus erectus / Green Button WoodMin. 12` Ht. x 5` Spr., 4" Cal., Single Straight Trunk, Full CanopyYesYesCS2Cordia sebestena / Orange Geiger TreeMin. 12` Ht. x 5` Spr., 3" Cal., Single Straight Trunk, Full CanopyYesYesLI6Lagerstroemia indica / Crape MyrtleMin. 12` Ht. x 5` Spr., 4" Cal., Single Straight Trunk, Full CanopyNoYesPALM TREESCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTAM11Adonidia merrillii / Christmas PalmField Grown, 6’ OA Ht., Single Trunk, Full Head, No ScarredTrunkNoYesSHRUBSCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTCHR350Chrysobalanus icaco `Red Tip` / Red Tip CocoplumMin. 36" Ht. x 24" Spr., 24" O.C., Full to Base and DenseYesYesCRI13Crinum augustum `Queen Emma` / `Queen Emma` CrinumMin. 3` Ht. x 3` Spr., 1 PPP, Disease Free, SpecimenNoYesFGA2Furcraea gigantea / False agaveMin. 2`x2`, Full to Base and DenseYesYesHIB13Hibiscus rosa-sinensis `Seminole Pink` / Seminole Pink HibiscusMin. 30" Ht. x 24" Spr., 24" O.C., Full Dense Shrub, Full to Base,Disease Free, Pink BloomsNoYesSHRUB AREASCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTHAN88Hamelia nodosa / Dwarf FirebushMin., 24" Ht. x 24" Spr., 24" O.C., Full to base, DenseYesYesPOD125Podocarpus macrophyllus `Pringles` / Dwarf PodocarpusMin. 24" Ht. x 24" Spr., 24" O.C., Fully Rooted, Full to Base,DenseNoYesSTA45Stachytarpheta jamaicensis / Native Blue PorterweedMin., 24" Ht. x 24" Spr., 24" O.C., Full to base, DenseYesYesGRASSESCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTLIR92Liriope muscari `Emerald Goddess` / LiriopeMin. 12" Ht. x 12" Spr., 18" O.C., Full to Edge of PotYesYesGROUND COVERSCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTASP137Asparagus densiflorus 'Meyersii' / Foxtail FernMin. 12" Ht. x 12" Spr., 18" O.C., Full to Edge of PotNoYesPEN287Pentas lanceolata / Penta ' Ruby Red'Min. 10" O.C., Full to Edge of PotNoYesTRA344Trachelospermum asiaticum `Minima` / Minima JasmineMin. 12" Ht. x 12" Spr., 18" O.C., Full to Edge of PotNoYesSOD AND MULCHCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTMULCH4,374 sfShredded Melaleuca / MulchFree of Foreign Materials and Weeds, Minimum Depth AfterSettling Shall be 3"; Quantity to be Verified in the FieldN/AN/ASOD22 sfStenotaphrum secundatum `Floritam` / Floritam St. Augustine SodDisease Free, Laid Tightly w/ Staggered Joints, Rolled andSanded to Level Lawn *Quantity to be Verified in the FieldN/AN/APLANT SCHEDULE TURFTBDArtificial TurfDark Green - Quantity to be verified in the fieldLight Green - Quantity to be verified in the fieldSee detail on sheet LA-3MEDIUM SHRUB @ MIN. 20" HT.AND/OR GROUNDCOVER @ MIN. 12" HT.LARGE SHRUB@ MIN. 36" HT.SHADE TREEEXISTING ARECA PALMSPROPERTY LINEPOTTERTOWNHOMES+/- 20.0' HT.3' WIDE SWALERETAINING WALL*5.0' URBAN LANDSCAPE BUFFER (TYPE 2)EXISTING DRIVEWAY+/- 22.0'10.0'SIDEWALK(PAVERS)2'VALLEYCURB3.3'ROWDEDICATION5.0'TREEWELLProperty Line Townhome Building Line STREETTREE15.0'SETBACK10.0' U.E.8.0'ACTIVEZONE4' FENCEPALMTREECL5.0'BIKELANETRAVEL LANETRAVEL LANE3.0'NORTHFEDERALHIGHWAYEXISTING GASEXISTING WATERROOT BARRIERROOT BARRIERDrawing name: H:\JOBS\Potter Townhomes_(Formerly 2508 Federal)_23-001\Dwyer Construction & Development, Inc._DD_.000\Drawings\Landscape Plan\2024-01-12_LP_Draft for Resubmittal.dwg Urban DesignLand PlanningLandscape ArchitecureRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Copyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LA0001739June 202323-001.000JEBJEBNMLA-1of 52023-06-26 Submittal2023-10-31 Resubmittal2024-01-12 ResubmittalCity of Boynton Beach, Florida Landscape Plan Cover Sheet Potter Townhomes POTTER TOWNHOMESLandscape PlanCity of Boynton Beach, FloridaLOCATION MAPGENERAL NOTESSHEET INDEXCOVER SHEET & PLANT SCHEDULE .....................LA-1TREE DISPOSITION PLAN .......................................LA-2LANDSCAPE PLAN ................................................... LA-3PLANTING DETAILS .................................................. LA-4PLANTING SPECIFICATIONS ................................... LA-5PLANT SCHEDULEKNOW WHAT'S BELOWALWAYS CALL 811BEFORE YOU DIGIt's fast. It's free. It's the law.www.callsunshine.comRNOTE: These Landscape Plans have been prepared to satisfy City of Boynton Beach zoningrequirements and to conceptually reflect landscape requirements for the site. They are not to be utilizedfor construction drawings until final engineering and architectural plans are available. These drawings arenot to be used for Building Permit application until these plans are finalized. DEVELOPMENT TEAM INTERIOR TREES1 / 1,400 S.F.PERIMETER VEGETATIONREQUIREMENTCATEGORY# REQ'D# PROVIDEDMINIMUM NUMBER OF TREE SPECIESTOTAL PERIMETER PALMS OR PINES:INTERIOR LANDSCAPE9,496 S.F. OF DEVELOPED AREASTOTAL PERIMETER CANOPY TREES:TOTAL PERIMETER SHRUBS:1502867SITE TOTALSEAST PROPERTY LINE5' URBAN LANDSCAPE BUFFER (TYPE 2) - 156.40 L.F.CANOPY TREESSHRUBS - LARGE1 / 30 L.F.5525527150375LANDSCAPE DATA TABULARSOUTH PROPERTY LINE5' URBAN LANDSCAPE BUFFER (TYPE 1) - 156.40 L.F.1 / 30 L.F.CANOPY TREES55WEST PROPERTY LINEROW URBAN STREETSCAPE - 157.59 L.F.STREET TREESCANOPY TREES6SHRUBS - Large & Medium5259SHRUBS - Small & Groundcover78145FUTURE LAND USE:HIGH DENSITY RESIDENTIALZONING DISTRICT:IPUDPROPERTY CONTROL NUMBER:08-43-45-15-02-000-1250EXISTING USE: VACANTPROPOSED USE:MULTI-FAMILY RESIDENTIAL (TOWNHOMES)TOTAL SITE AREA:0.587 AC. (25,591 S.F.)1)DROUGHT TOLERANT RATING BASED UPON SFWMD WATERWISE PUBLICATION - SOUTH FLORIDA EDITION.2)ALL PLANT MATERIAL SPECIFICATIONS AND CONTAINER SIZES LISTED IN THE PROJECT PLANT SCHEDULE ARE REQUIREDMINIMUMS. CONTRACTOR MAY EXCEED THE REQUIRED MINIMUM SPECIFICATION AND CONTAINER SIZE BASED ON MATERIALAVAILABILITY.3)ALL PLANT MATERIAL SHALL MEET AND ADHERE TO LATEST EDITION OF FLORIDA GRADES AND STANDARDS FOR NURSERYPLANTS. ALL PLANT MATERIAL SHALL BE FLORIDA # 1 OR BETTER.THE LANDSCAPE ARCHITECT OR OWNER/OWNER'SREPRESENTATIVE HAVE THE RIGHT TO REJECT ANY PLANT MATERIAL NOT MEETING THESE STANDARDS.4)QUANTITIES ON PLANT SCHEDULE ARE FOR CONVENIENCE ONLY. LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR ALLPLANTS SHOWN ON LANDSCAPE PLANS.SITE DATALANDSCAPE NOTESUTILITY SETBACK NOTESLANDSCAPE EXCAVATION &BACKFILL NOTES1)BASE INFORMATION OBTAINED FROM A SURVEY PREPARED BY CAULFIELD &WHEELER, INC. REVISION DATED APRIL 2023.2)ALL INVASIVE SPECIES WILL BE ERADICATED FROM SITE AS REQUIRED BYCODE.3)ALL LANDSCAPE MATERIAL SHALL CONFORM TO THE MOST RECENTSTANDARDS AS OUTLINED BY THE “GRADES AND STANDARDS FOR NURSERYPLANTS” PUBLISHED BY THE FLORIDA DEPARTMENT OF AGRICULTURE ANDCONSUMER SERVICES. ALL PLANT MATERIAL SHALL BE FLORIDA #! OR BETTER.4)SIGHT TRIANGLES SHALL BE PROVIDED AND MAINTAINED BY OWNER CLEAR OFVEGETATION TO PROVIDE UNOBSTRUCTED VISIBILITY BETWEEN 30 INCHESAND 8 FEET ABOVE GRADE.5)UTILITY EASEMENTS SHALL NOT ENCROACH INTO LANDSCAPE BUFFERS MORETHAN 5 FEET OR AS PERMITTED BY CODE.6)FDOT TYPE “D” OR “F” CURB OR WHEEL STOPS TO BE PROVIDED ALONG ALLLANDSCAPE AREAS, INCLUDING DRIVE AISLES AND PARKING SPACES.7)ALL INSTALLATION WORK SHALL BE CARRIED OUT IN A PROFESSIONALMANNER IN ACCORDANCE WITH STANDARD NURSERY AND INSTALLATIONPRACTICES.8)ALL LANDSCAPE AREAS SHALL BE SODDED, MULCHED OR OTHERWISECOVERED WITH GROUND COVER PER THESE PLANS AS LABELED.9)TREES SHOWN ON THIS PLAN ARE GRAPHIC REPRESENTATION ONLY. TREESPACING IS BASED ON DESIGN REQUIREMENTS AND TREES SHOWN ON THESEPLANS ATTEMPT TO ACCOMPLISH THAT SPACING WHILE MAINTAINING THEREQUIRED SETBACKS FROM UTILITIES. TREES MAY BE FIELD ADJUSTED TOAVOID CONFLICTS WITH DRIVEWAYS AND UNDERGROUND UTILITIES.10)CONTRACTOR TO COORDINATE PLANTING OPERATIONS WITH ALLUNDERGROUND UTILITY PROVIDERS AND CALL "SUNSHINE DIG" / 811 TO FLAGUTILITY LOCATIONS PRIOR TO COMMENCING PLANTING OPERATIONS FOR ANYPORTION OF THE SITE. IF "SUNSHINE DIG" / 811 DOES NOT LOCATE ALLUNDERGROUND UTILITIES ON-SITE, THE CONTRACTOR IS RESPONSIBLE FORSECURING THESE SERVICES FROM A PRIVATE PROVIDER.11)LANDSCAPE CONTRACTOR TO HAND DIG PLANTING HOLES FOR TREES AND/ORSHRUBS WITHIN FIVE (5') OF ALL FP&L EASEMENTS.12)GROUND MOUNTED MECHANICAL EQUIPMENT TO BE SCREENED PER THESEPLANS INCLUDING AS-BUILT EQUIPMENT LOCATIONS AT TIME OF LANDSCAPEINSTALLATION. CONTRACTOR TO NOTIFY OWNER / OWNER'S REPRESENTATIVEOF ADDITIONAL REQUIRED PLANT MATERIAL QUANTITIES AT TIME OFLANDSCAPE INSTALLATION FOR ADDITIONAL MECHANICAL EQUIPMENT ORRELOCATED EQUIPMENT THAT MAY REQUIRE ADDITIONAL LANDSCAPESCREENING.13)PLANTINGS ADJACENT TO OVERHEAD LINES TO COMPLY WITH FP&L's "RIGHTTREE IN THE RIGHT PLACE" GUIDELINES FOR MINIMUM SEPARATIONS TOOVERHEAD LINES.1)TREE AND SHRUB PLANTING BEDS WHICH FALL WITHIN OR NEAR ROADWAYAREAS SHALL BE COMPLETELY EXCAVATED AND BACK-FILLED WITH TOPSOIL.ALL SHELL-ROCK OR OTHER BASE MATERIALS, AND ALL SUBSOIL AND DEBRIS,SHALL BE COMPLETELY REMOVED FROM BENEATH SUCH PLANTING AREAS, TO AMINIMUM DEPTH OF 36". UPON COMPLETION OF EXCAVATION, LANDSCAPEARCHITECT OR OWNER SHALL INSPECT THE EXCAVATED AREA PRIOR TOBACKFILLING WITH TOPSOIL.2)ALL TREE AND/OR SHRUB PLANTING AREAS WITHIN 8' OF BUILDINGFOUNDATIONS, AND ANY OTHER PLANTING AREAS WHERE SIGNIFICANT BURIEDCONSTRUCTION DEBRIS IS ENCOUNTERED, SHALL BE COMPLETELY EXCAVATEDTO A MINIMUM DEPTH OF 36". UPON COMPLETION OF EXCAVATION, LANDSCAPEARCHITECT OR OWNER SHALL INSPECT THE EXCAVATED AREA PRIOR TOBACKFILLING WITH TOPSOIL.1)DETAILING OF FOCAL POINTS AND HARDSCAPE ARE A SEPARATE DOCUMENT. SEEPLANS PREPARED BY OTHERS FOR THESE DETAILS.2)ALL ELEMENTS WITHIN THE PEDESTRIAN ZONE WILL BE MAINTAINED BY THEPROPERTY OWNER(S).MULCH NOTES1)ALL SETBACK DIMENSIONS SHOWN ON THE PLANS ARE TO BE MET AT THE TIMEOF INSTALLATION.2)TREES ARE TO BE INSTALLED WITH A TEN FOOT (10') SEPARATION FROM ANYWATER OR SEWER MAIN AND/OR SERVICE, HYDRANTS, AND LIFT STATIONS, ORWITH A MINIMUM SEVEN FOOT (7') SETBACK IF INSTALLED WITH A ROOT BARRIERSYSTEM. REFER TO THE "ROOT BARRIER" DETAIL ON THE PLANTING DETAILSSHEET FOR INSTALLATION REQUIREMENTS. HOWEVER IN NO CASE SHALL A TREEENCROACH INTO A UE WITHOUT PRIOR UTILITY PROVIDER APPROVAL AND ONLYSOD CAN BE INSTALLED WITHIN 5' OF ANY WATER METER AND WITHIN 7.5' OF ANYFIRE HYDRANT UNLESS OTHERWISE APPROVED BY THE FIRE MARSHAL ANDUTILITY PROVIDER.3)TREES ARE TO BE INSTALLED WITH A TEN FOOT (10') SEPARATION FROM ANYDRAINAGE OR STORM SEWER INFRASTRUCTURE, OR WITH A MINIMUM SEVENFOOT (7') SETBACK IF INSTALLED WITH A ROOT BARRIER SYSTEM. REFER TO THE"ROOT BARRIER" ON THE PLANTING DETAILS SHEET FOR INSTALLATIONREQUIREMENTS.4)WHERE REQUIRED, ROOT BARRIER TO BE INSTALLED WITH A MINIMUM 5'SEPARATION TO THE EDGE OF ALL UNDERGROUND UTILITIES ANDINFRASTRUCTURE.5)TREES SHALL BE PLANTED WITH A MIN. 2' SEPARATION BETWEEN ANY ROOTBARRIER (MEASURED FROM THE CENTER OF THE TREE).1)ALL PLANTING AREAS, INCLUDING MULCH AROUND INDIVIDUAL TREES, SHALL BEMULCHED TO A MINIMUM DEPTH OF THREE (3) INCHES AT THE TIME OFINSPECTION AND MAINTAINED AT THREE (3) INCH DEPTH THEREAFTER.2)MULCH SHALL BE GRADE A PREMIUM NATURAL MULCH, OR APPROVED EQUAL,FREE OF FOREIGN MATERIALS AND WEED SEEDS.RESUBMITTAL OWNER / APPLICANT: DWYER CONSTRUCTION &DEVELOPMENT, INC.109 DIXIE BLVD.DELRAY BEACH, FL 33444LANDSCAPE ARCHITECT & PLANNER:URBAN DESIGN STUDIO610 CLEMATIS STREET, SUITE CU02WEST PALM BEACH, FL 33401(561) 366-1100ARCHITECT:BRENNER ARCHITECTS751 PARK OF COMMERCE DRIVE #110BOCA RATON, FL 33487(561) 241-6736SURVEYOR:CAULFIELD & WHEELER, INC.7900 GLADES ROAD, SUITE 100BOCA RATON, FL 33434(561) 392-1991CIVIL ENGINEER:CAULFIELD & WHEELER, INC.7900 GLADES ROAD, SUITE 100BOCA RATON, FL 33434(561) 392-1991 NORTHN.T.S.POTTER ROADNORTH FE D E R A L H I G H W A Y SITETBDCONTINUOUS 6 SMALL TREES (IMPACTED BY OVERHEADPOWER LINES = SMALL TREES PER 'RIGHTTREE IN RIGHT PLACE')CONTINUOUS CONTINUOUS 1 / 25 L.F.SHRUBS - LARGE5252CONTINUOUS SHRUBS 5267CONTINUOUS - MEDIUM FENCEFENCEYESYES - EXISTING ALONG PROPERTY LINEFENCEFENCEYESYES - EXISTING ALONG PROPERTY LINE34SIGNATURE TREES AT ENTRANCE22 (ORANGE GEIGER TREES)TOTAL OVERALL TREESTOTAL OVERALL SHRUBS2661826 1,496TREE MITIGATION SUMMARY TABLETREE MITIGATION SUMMARY TABLETOTAL DBH TO BE REPLACED65"TOTAL DBH PROVIDED82"DROUGHT TOLERANT PERCENTAGETREESPALMSSHRUBSGROUNDCOVERSFOUNDATION PLANTINGDRIVEWAY OPENINGS ALONG RIGHTS-OF-WAYPLANTINGS ON BOTH SIDES OF DRIVEWAY5' URBAN LANDSCAPE BUFFER (TYPE 2) DETAILACTIVE ZONE CROSS SECTIONPER PART III, CHAPTER 4, ART. II, SEC. 6.B.fPER PART III, CHAPTER 4, ART. II, SEC. 4.A.14.bBUTTERFLY ATTRACTING PLANT MATERIAL5%14% TREES39% SHRUBS100%100%100%100%SYMBOL INDICATED ASBUTTERFLY ATTRACTINGPLANT MATERIAL*VARIANCE REQUESTED368 TREESCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTCA3Cassia fistula / Golden ShowerMin. 12` Ht. x 5` Spr., 4" Cal., Single Straight Trunk, Full CanopyYesYesCE15Conocarpus erectus / Green Button WoodMin. 12` Ht. x 5` Spr., 4" Cal., Single Straight Trunk, Full CanopyYesYesCS2Cordia sebestena / Orange Geiger TreeMin. 12` Ht. x 5` Spr., 3" Cal., Single Straight Trunk, Full CanopyYesYesLI6Lagerstroemia indica / Crape MyrtleMin. 12` Ht. x 5` Spr., 4" Cal., Single Straight Trunk, Full CanopyNoYesPALM TREESCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTAM11Adonidia merrillii / Christmas PalmField Grown, 6’ OA Ht., Single Trunk, Full Head, No ScarredTrunkNoYesSHRUBSCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTCHR350Chrysobalanus icaco `Red Tip` / Red Tip CocoplumMin. 36" Ht. x 24" Spr., 24" O.C., Full to Base and DenseYesYesCRI13Crinum augustum `Queen Emma` / `Queen Emma` CrinumMin. 3` Ht. x 3` Spr., 1 PPP, Disease Free, SpecimenNoYesFGA2Furcraea gigantea / False agaveMin. 2`x2`, Full to Base and DenseYesYesHIB13Hibiscus rosa-sinensis `Seminole Pink` / Seminole Pink HibiscusMin. 30" Ht. x 24" Spr., 24" O.C., Full Dense Shrub, Full to Base,Disease Free, Pink BloomsNoYesSHRUB AREASCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTHAN88Hamelia nodosa / Dwarf FirebushMin., 24" Ht. x 24" Spr., 24" O.C., Full to base, DenseYesYesPOD125Podocarpus macrophyllus `Pringles` / Dwarf PodocarpusMin. 24" Ht. x 24" Spr., 24" O.C., Fully Rooted, Full to Base,DenseNoYesSTA45Stachytarpheta jamaicensis / Native Blue PorterweedMin., 24" Ht. x 24" Spr., 24" O.C., Full to base, DenseYesYesGRASSESCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTLIR92Liriope muscari `Emerald Goddess` / LiriopeMin. 12" Ht. x 12" Spr., 18" O.C., Full to Edge of PotYesYesGROUND COVERSCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTASP137Asparagus densiflorus 'Meyersii' / Foxtail FernMin. 12" Ht. x 12" Spr., 18" O.C., Full to Edge of PotNoYesPEN287Pentas lanceolata / Penta ' Ruby Red'Min. 10" O.C., Full to Edge of PotNoYesTRA344Trachelospermum asiaticum `Minima` / Minima JasmineMin. 12" Ht. x 12" Spr., 18" O.C., Full to Edge of PotNoYesSOD AND MULCHCODEQTYBOTANICAL / COMMON NAMENATIVEDROUGHT TOLERANTMULCH4,374 sfShredded Melaleuca / MulchFree of Foreign Materials and Weeds, Minimum Depth AfterSettling Shall be 3"; Quantity to be Verified in the FieldN/AN/ASOD22 sfStenotaphrum secundatum `Floritam` / Floritam St. Augustine SodDisease Free, Laid Tightly w/ Staggered Joints, Rolled andSanded to Level Lawn *Quantity to be Verified in the FieldN/AN/APLANT SCHEDULE TURFTBDArtificial TurfDark Green - Quantity to be verified in the fieldLight Green - Quantity to be verified in the fieldSee detail on sheet LA-3GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATHVEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH VEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH VEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.GUEST BEDROOM(12'-6" x 11'-0")GATHERING ROOM(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATHVEST.ENTRY STOOP(14'-2" x 6'-4")UPSTOR.GUEST BEDROOM(12'-6" x 11'-0")(14'-0" x 12'-6")2-CAR GARAGE(20'-0" x 20'-0")BATH(14'-2" x 6'-4")ENTRYUPSTOR.SIDEENTRY STOOPGATHERING ROOMENTRYSIDEVEST.11173.28'156.40'153.97'157.59'POTTER ROAD40' PUBLIC R/W (IMPROVED)NORTH FEDERAL HIGHWAY 7LIR1CRI26PENTRA79TRALIR14CRI1CRI1LIR19CRI17TRAHIB1TRA5CRI1LIR6PEN301CRI6LIR7PEN1CRI12LIR1CRI6TRATRA6TRA61CRI5CECE53HIB2HIBTRA6STORM STORM WATERWATER SANITARY SANITAR Y 25' X 25'SIGHT TRIANGLEEXISTING FIRE HYDRANT REC.AREABFLU: R & MEDRZONING: REC & R3EXISTING USE: MF RESIDENTIAL(INLET HARBOR CONDOMINIUM)AEXISTING CHAINLINK FENCE &ARECA HEDGEON ADJACENTPROPERTYPROPOSED DRIVEWAY(EXISTING TO BERECONSTRUCTED)REC. AREA(DOG WALK)PROPOSED4' RAIL FENCEPROPOSED4' RAIL FENCEEXISTING CHAINLINK FENCE &ARECA HEDGEON ADJACENTPROPERTYFLU: LRCZONING: C3EXISTING USE: MF RESIDENTIAL(LANDSCAPE/DRIVEWAY)EXISTINGDRIVEWAY(INLET HARBORCONDOMINIUMS)MAIL KIOSKFLU: LRC & C3ZONING: C3EXISTING USE: MEDICAL OFFICECDGATE, TYP.PROPOSED SIGNFLU: LRC ZONING: C3 EXISTING USE: SF RESIDENTIAL PROPOSED 4' RAIL FENCE TYP.PROPOSED 4' RAILFENCE TYP.CLPROPOSEDPROPERTY LINE10.0' SIDEWALK 24.0'44.0'20.0'20.0'5.0' STREETTREE WELLS24.0'FLU: MEDRZONING: PUDEXISTING USE: MULTI-FAMILY RESIDENTIALFIRE HYDRANT CLEAR ZONEPROPOSED 5.0' SIDEWALK3.3' ROW DEDICATIONEXISTING WATEREXISTING GASSOD,TYP.SOD, TYP.SOD,TYP.30.0' O.C. AVERAGE, TYP.SOD,TYP.8.0' ACTIVE ZONE5.0' URBAN LANDSCAPE BUFFER (TYPE 1)5.0' URBAN LANDSCAPE BUFFER (TYPE 2)(SEE DETAIL ON LA-1)REDUCED BUFFER DUE TO EXISTINGTREES ABUTTING PROPERTY. IF THEEXISTING TREES ARE DAMAGED ORREMOVED, THE PROJECT SHALL PROVIDEADDITIONAL LANDSCAPING INCLUDINGTREES.EXISTING CHAIN LINK FENCESIGNATURE TREE(2 ORANGEGEIGER TREESAT ENTRANCE)MIN. 2.5'CLEAR FORACCESSMIN. 2.5' CLEARFOR ACCESSMIN. 2.5' CLEARFOR ACCESSMIN. 2.5' CLEARFOR ACCESSMIN. 2.5' CLEARFOR ACCESSMIN. 2.5' CLEARFOR ACCESS10' X 10'SIGHT TRIANGLE10' X 10'SIGHTTRIANGLE25.0' BUILD TO LINEFROM BACK OF CURB SOD,TYP.ROOT BARRIER, TYP.ROOT BARRIER, TYP.3.3' ROW DEDICATIONROOT BARRIER, TYP.ROOT BARRIER, TYP.ROOT BARRIER, TYP.ROOT BARRIER, TYP.ROOT BARRIER, TYP.EXISTINGOVERHEAD LINESENTRYSTOOPENTRYSTOOPENTRYSTOOPENTRYSTOOP OPEN DECK SOD,TYP.SOD,TYP.SOD,TYP.SOD,TYP.MIN. 2.5' CLEARFOR ACCESSPROPOSED RETAINING WALL(SEE ARCH. PLANS FOR DETAILS)12.0'U.E.12.0'U.E.12.0'U.E.12.0'U.E.12.0'12.0'10.0' UESHADE SAILBIKE RACK LOOP(5 SP.)TRASHRECEPTACLEBENCH, TYP.PUTTING GREEN (3 HOLES)TURF - LIGHT GREEN, TYP.STEPPINGSTONES, TYP.TURF - DARK GREENSODPLANTEDIN SWALE,TYP.17ASP11HAN110CHR10HAN6TRA7STA10HAN7STA6TRA7ASP4STA7ASP4STA10HAN6TRA7STA7STA10HAN6TRA101PEN13TRA9STATRA7ASP28HAN3POD86ASP5HAN5ASP16PEN34TRA33TRATRA4615PEN4ASP4HAN6ASP2POD3TRA4PODHAN7POD50HAN5HAN524ASP17LIRASP1711TRA8HAN2CA1CA11LIR8ASP8ASP4CRI2CS1CE2AMFGA2CHR2406HIB6TRA1AM1HIBFIRE HYDRANT, TYP.OPEN DECK OPEN DECK OPEN DECK 6.0' PUBLIC ACCESS EASEMENT5.0' PUBLIC ACCESS EASEMENTTRA66LICE11CE8AM2CETRANSFORMERTRA1561POD27TRA92PEN67TRA5.0'U.E.5.0'U.E.6"W x 10"D REINF. CONCRETE BANDCONCRETE ANCHORNON-ABRASIVE, NON-VISIBLERUBBER INFILL (IF APPLICABLE)AGGREGATE SUB-BASE PERMANUF. SPECSEXISTING SUBGRADEGALV. STAPLES, SIZE ANDSPACING PER MANUF. SPECSMULTI-LAYERED TURF BACKINGPAVING TYPE P8COMPOSITVE OR TREATED LUMBERNAILER BOARD (2" x 4" NOM. TYP.)SET 34" TO 1" BELOW SURFACE OFADJACENT PAVINGSTAPLESBACKINGDrawing name: H:\JOBS\Potter Townhomes_(Formerly 2508 Federal)_23-001\Dwyer Construction & Development, Inc._DD_.000\Drawings\Landscape Plan\2024-01-12_LP_Draft for Resubmittal.dwg Urban DesignLand PlanningLandscape ArchitecureRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Copyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LA0001739June 202323-001.000JEBJEBNMLA-3of 52023-06-26 Submittal2023-10-31 Resubmittal2024-01-12 ResubmittalCity of Boynton Beach, Florida Landscape Plan Potter Townhomes PLANT LEGENDKNOW WHAT'S BELOWALWAYS CALL 811BEFORE YOU DIGIt's fast. It's free. It's the law.www.callsunshine.comR1)DROUGHT TOLERANT RATING BASED UPON SFWMD WATERWISE PUBLICATION -SOUTH FLORIDA EDITION.2)ALL PLANT MATERIAL SPECIFICATIONS AND CONTAINER SIZES LISTED IN THEPROJECT PLANT SCHEDULE ARE REQUIRED MINIMUMS. CONTRACTOR MAY EXCEEDTHE REQUIRED MINIMUM SPECIFICATION AND CONTAINER SIZE BASED ON MATERIALAVAILABILITY.3)ALL PLANT MATERIAL SHALL MEET AND ADHERE TO LATEST EDITION OF FLORIDAGRADES AND STANDARDS FOR NURSERY PLANTS. ALL PLANT MATERIAL SHALL BEFLORIDA # 1 OR BETTER.THE LANDSCAPE ARCHITECT OR OWNER/OWNER'SREPRESENTATIVE HAVE THE RIGHT TO REJECT ANY PLANT MATERIAL NOT MEETINGTHESE STANDARDS.4)QUANTITIES ON PLANT SCHEDULE ARE FOR CONVENIENCE ONLY. LANDSCAPECONTRACTOR IS RESPONSIBLE FOR ALL PLANTS SHOWN ON LANDSCAPE PLANS.Scale:0NORTH5'10'20'1"=10'-0"RESUBMITTAL ARTIFICIAL TURF DETAILTBD369 EXHIBIT “D” Conditions of Approval Project Name: Potter Townhomes File number: NMP & NWSP – 2023.06.12894 Reference: 3rd review of plans identified as a New Master Plan and New Major Site Plan submitted on January 16, 2024. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS The applicant shall address the following conditions of approval a t the time of permitting: 1.Per LDR Ch. 4. Art. VIII. Sec. 3.B, utilities, including but not limited to power and light, telephone, telegraph, water, sewer, cable television, wiring to streetlights, and gas shall be installed underground in accordance with the current Engineering Design Handbook and Construction Standards. The developer shall make necessary cost and other arrangements for such undergroun d installations with each of the persons, firms, or corporations furnishing utility service involved. For projects within the CRA district, all existing overhead lines shall be relocated underground to the extent feasible. Should the undergrounding of utilities be deemed infeasible by the utility providers, the developer shall provide a cost estimate from a Professional Engineer for the required undergrounding and submit a payment in -lieu of undergrounding totaling the full expense required to complete the project at time of permitting. X 2.Utility easements shall be coordinated with requisite utility authorities and shall be provided for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules and regulations. Note: No building or structures (including overhangs) shall be constructed within an easement without written consent. X 3.Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) and proposed improvements can be accommodated. Composite Utility Plan shall illustrate all utility lines and appurtenances to ensure physical features (including required landscape) do not conflict with each other and existing or proposed utility services. X 4.Property owner shall be responsible for maintenance of site design elements including decorative hardscape and landscape within City rights-of-way and/or public use easements, and provide maintenance agreement(s) as required. X 370 Potter Townhomes (NMP, NWSP-2023.06.12894) Conditions of Approval Page 2 of 7 DEPARTMENTS INCLUDE REJECT Prior to issuance of any construction or building permit, the applicant shall: 5. Submit and obtain final plat approval from the Engineering Division along with all applicable fees, maintenanc e and use covenants, condominium documents, deeds, or other legal documents. X 6. Submit an addressing plan in accordance with LDR Ch. 4. Art. VIII. Sec. 3.C. for review and approval by the City’s addressing committee. X 7. Submit and obtain the Land Develop ment Permit (LDP) and/or Site (CSIT) Permit for onsite and offsite improvements for paving, grading, drainage, utilities, pavement marking and signage. Note: The LDP and/or CSIT review may occur concurrently with the review of a final plat but in all instances, the LDP and/or CSIT shall not be issued until the final plat is approved. X Prior to the issuance of a Land Development Permit (LDP) and/or Site (CSIT) Permit: 8. Submit final and fully coordinated plans for all onsite and offsite improvements in compliance with all Land Development Regulations, the Engineering Design Handbook and Construction Standards (EDHCS) and all other applicable standards and requirements set forth by the city or other public entities having jurisdictional responsibility. Plans shall include, but not limited to, water, sewer, paving, grading, drainage, site lighting, landscaping, and irrigation. X 9. Submit full drainage calculations in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. X 10. Submit a S&S cost estimate to include quantities and unit cost for improvements associated with paving, grading, and drainage (separate onsite from offsite improvements). Note: Water and sewer fees and surety shall be computed and collected separately by the Utilities Department. X 11. Once the plans, calculations, and cost estimate are found to be acceptable, the City Engineer or designee shall issue a written statement of technical compliance, and notify the applicant of any fees, surety, and permits that are required from any external agencies. X 371 Potter Townhomes (NMP, NWSP-2023.06.12894) Conditions of Approval Page 3 of 7 DEPARTMENTS INCLUDE REJECT 12. Remit payment of Engineering Division review and permit fees based on 2.3% of both the onsite and offsite cost estimate of a duly licensed professional in the State of Florida in accordance with LDR Ch. 2. Art. III. Sec. 3. X 13. Provide a surety in a form acceptable to the Boynton Beach City Attorney per LDR Ch. 2. Art. III. Sec. 6. in the amount of 110% of the engineer's certified cost estimate (offsite improvements). Surety for required utility system improvements shall be coordinated directly with the Utilities Department. X 14. Obtain and submit a copy of all permits from outside agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, as applicable. X 15. Obtain and submit a copy of all permits from outside agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, as applicable. X 16. Schedule and attend a pre-construction meeting with the City’s Engineering Division held jointly with the Utilities Department. X Prior to the pre-construction meeting: 17. Submit copies of the required shop drawings as approved by the Design Engineer. X 18. Provide the city with detailed construction mitigation plans. All construction activity regulated by the LDR shall be performed in a manner so as not to adversely impact the conditions of adjacent properties, unless such activity is permitted to affect said property pursuant to a consent granted by the adjacent property owner, under terms or conditions agreeable to the adjacent property owner. This includes, but is not limited to, the control of dust, noise, water or drainage runoff, debris and the storage of construction materials. (LDR Ch. 2. Art. III. Sec. 3.D.3.) Impacts on businesses, public inconvenience, disruption to multi -modal and vehicular/pedestrian travel on roadways/sidewalks in the X 372 Potter Townhomes (NMP, NWSP-2023.06.12894) Conditions of Approval Page 4 of 7 DEPARTMENTS INCLUDE REJECT vicinity of construction shall be minimized. Construction mitigation plans shall include the following information (as applicable): • Construction schedule, phasing, staging, and storage • Construction fencing, ingress/egress and sight triangles • Construction personnel parking – if an off-site location is secured for this purpose, verify that a tram or shuttle will be provided between the construction site and the parking area(s) and provide a copy of the agreement with the property owner • Construction traffic routes and delivery schedules • Dust control and street cleaning plan • Construction refuse removal in adherence to City’s ordinance, Sec. 10-26(a). Contact the Public Works Department (561) 742-6200 for a roll-off container. • Hours of work in adherence to the City’s noise ordinance Sec. 15-8 • MOT plans for proposed closures/detours affecting vehicular or pedestrian travel • Hurricane preparedness plans in the event of a hurricane warning and/or watch. In order for final closeout and project completion of the Land Development Permit (LDP) and/or Site Permit (CSIT) for the required improvements: 19. The engineer of record shall certify in writing that the required improvements were installed under his responsible direction; that all improvements conform with the approved civil engineering drawings, and all laws, regulations, codes, and ordinances. In addition, the applicant's engineer of record shall submit tests and reports (concerning the work and materials used during construction of the required improvements), in addition to as -built drawings on a high-quality time stable reproducible material showing the original design as compared to the actual finished work. (LDR Ch. 2. Art. III. Sec. 3.D.4.) X 20. The owner/developer shall dedicate to the city any easement(s) that the city deems necessary for public services and said dedication shall provide that the developer and/or owner shall hold city harmless for any of its acts performed within or abutting said X 373 Potter Townhomes (NMP, NWSP-2023.06.12894) Conditions of Approval Page 5 of 7 DEPARTMENTS INCLUDE REJECT easements if any loss or damage is caused to abutting property. UTILITIES 21. The existing 6-inch water main on the south side of the property is located within Inlet Harbor Club, which is a private property. Boynton Beach Utilities has no records of an existing utility easement; therefore, the developer is required to execute an agreement with Inlet Harbor Club prior to tapping into the water main. X 22. A Hold Harmless Agreement is required for pavers located within the utility easement. X 23. The proposed fire hydrant will be vulnerable to traffic due to its location. Update plans to show that bollards will be provided. X FIRE 24. Hibachis, grills, or other similar devices used for cooking, heating, or any other purpose shall not be under overhangs, or within 10 feet of a building. NFPA 1-10.10.6 X 25. Provide a flame propagation certificate for the shade structure/sail proposed along the west side near to the putting area. NFPA 1- 25.2.2 X 26. Reminder as buildings will be fully sprinkled, FDC must be a maximum of 100’ from the fire hydrant. Per COBB 9-10(d) X POLICE 27. Lighting along Potter Road is inadequate. Update the photometric plans to provide additional lighting along Potter Road. X 28. Landscaping should not obstruct view from doors, windows or walkways. X 29. Landscaping shall not conflict with lighting including long -term tree canopy growth. X 30. Security measures at the construction site should include a fence d staging area to store equipment and park machinery. X 31. The staging area must be visible from an accessible roadway to X 374 Potter Townhomes (NMP, NWSP-2023.06.12894) Conditions of Approval Page 6 of 7 DEPARTMENTS INCLUDE REJECT allow effective police patrol. Lighting must be provided to allow complete visibility to the area. Quality padlocks are recommended for all storage trailers and equipment trailers and park ed within staging area. BUILDING 32. The proposed ADA parking space shall meet FBC Accessibility 502.2 see exception and section 502.2.1. X PUBLIC ART 33. The project is subject to the Arts in Public Places requirements, and all necessary approvals from the Art Advisory Board shall be obtained prior to installing any artwork. The applicant shall work with Public Art staff to determine an appropriate location for artwork or pay an in lieu of art fee. X PLANNING AND ZONING For permit review and approval, the applicant shall address following conditions: 34. Approval of the New Master Plan and New Major Site Plan applications are contingent upon the approval of the Future Land Use Map Amendment & Rezoning (2023.06.12894), Variance (ZCVL 2023.06.12894), and Community Design Appeal (CDPA 2024.02.16905) applications. X 35. On-street parking shall be provided on Potter Road as depicted on the Site Plan (sheet SP-1) submitted on January 16, 2024. X 36. Increase the height of the landscaping around the transformer to sufficiently screen the transformer from view. X 37. Revise the landscape plan to replace the Minima Jasmine groundcover plants located at the base of the street trees with flexible pavement. X 38. Open-air structures (i.e. a detached ancillary structure, open on all sides, with a roof of some type) shall be located a minimum of 25 feet away from the principal building. As such, update all relevant plans to replace the shade sail covering with a pergola/trellis or similar. Be advised that a solid cover will be required for the bike X 375 Potter Townhomes (NMP, NWSP-2023.06.12894) Conditions of Approval Page 7 of 7 DEPARTMENTS INCLUDE REJECT rack. 39. Correct the length of the south property line in the tabular landscape data to 173.28 feet and the number of canopy trees to six (6). X 40. Correct the required west side (Federal Highway) setback within the development regulations table on sheets SP-1 and MP-1 to state the minimum setback required for the components of the Pedestrian Zone (20’6”) and provide the proposed setback measured from the back of curb. Provide a footnote that explains this requirement. X 41. Downspouts are visible on the south and north elevations. Revise elevations to enclose all downspouts within the building structure. Note: The applicant has submitted a Community Design Appeal (CDPA 2024.02.16905) application to request relief from this LDR requirement. City Commission approval of the requested relief will satisfy this Condition of Approval. X 42. Revise the Master Plan to show ownership lines for Building C.X 43. Revise the Master Plan to correctly label the east landscape buffer as a “Type 1”.X 44. Correct the proposed usable open space to 1,699 square feet within the “Building/Site Regulations – IPUD District” table on the Master Plan to be consistent with the square footage depicted on the plan. X 45. Applicant shall continue working with Palm Tran to identify a suitable location for the bus shelter.X COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed during DART. CITY COMMISSION 46.The development shall be maintained as a fee simple home ownership product. X 376 City of Boynton Beach Agenda Item Request Form 8.E Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 04/16/2024 Meeting Date: 04/16/2024 Proposed Ordinance No. 24-011- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Chapter 3, "Zoning," Article III. "Zoning Districts and Overlay Zones," Section 8(c)(7)(c) "Fenestration Requirements" of the land development regulations, providing for conflicts, severability, codification, and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-011 on First Reading. Explanation of Request: Buildings within the Cultural District Overlay are required to reflect a coastal village style of architecture, consisting primarily of hip and/or gable roofs, rectilinear forms with stepbacks, porches, and building articulation. This style derives its character from various elements associated with the Key West Vernacular and Bungalow styles of architecture found throughout South Florida. Overhead structures, gateways, and arches help define space, provide pedestrian comfort, and reinforce character and identity. Additionally, new structures in the Cultural District Overlay are required to be designed with pedestrian building entries oriented towards the street and sensitive to the scale and massing envisioned in the CRA Redevelopment Plan. In order to achieve the purpose and intent of the Cultural District Overlay, ground-level building facades facing a street are to be occupied by transparent windows or door openings. The proposed amendment reduces the existing fenestration requirements on the ground level from 50% to 30% along NE/SE 1st Street and Seacrest Boulevard. The reduction offers greater architectural design flexibility by allowing various uses and designs along the street frontage. Commercial uses are required to be provided on the ground level; however, when integrated into mixed-use buildings, the architectural design needs to account for back-of- house spaces, such as kitchens and storage rooms, which cannot have windows facing the sidewalk. Furthermore, the fenestration reduction will allow projects to provide residential units on the ground level to activate the street frontage and meet the intent of mixed-use developments within the Cultural District Overlay. How will this affect city programs or services? Not applicable 377 Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ordinance_24-011-_LDR_Amendment___Ch_3_Art_III_Fenestration.docx CDRV 24-001 Staff Report.pdf business-impact-estimate-Fenestration.docx 378 1 ORDINANCE NO. 24-0112 3 4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 5 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 3, 6 “ZONING," ARTICLE III. “ZONING DISTRICTS AND OVERLAY 7 ZONES," SECTION 8(C)(7)(C) “FENESTRATION 8 REQUIREMENTS” OF THE LAND DEVELOPMENT 9 REGULATIONS, PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION, AND AN EFFECTIVE DATE.11 12 WHEREAS, the City desires to modify the requirements of transparent windows or 13 door openings on the ground-level façade to reduce the requirements from 50% to 30%; and14 WHEREAS,the City Commission has considered the staff’s recommendations and 15 reports and determines and finds that it would be appropriate to amend the Land Development 16 Regulation to reflect this change; and17 WHEREAS,the City Commission finds that the adoption of this ordinance is in the 18 best interest of the health, safety, and welfare of the citizens and residents of the City of 19 Boynton Beach.20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 21 CITY OF BOYNTON BEACH, FLORIDA, THAT:22 Section 1.The foregoing “Whereas”clauses are true and correct and are now ratified 23 and confirmed by the City Commission.24 Section 2.Chapter 3, “Zoning,” Article III “Zoning Districts and Overlay Zones,” 25 Section 8(C)(7)(c) “Fenestration Requirements” of the Land Development Regulations of the 26 City of Boynton Beach Code of Ordinances is hereby amended as follows:27 28 379 PART III LAND DEVELOPMENT REGULATIONS29 …30 CHAPTER 3. ZONING31 …32 ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES33 …34 Sec. 8. Overlay zones35 …36 C. Cultural District Overlay37 …38 7. Building Design.39 …40 c. Fenestration Requirements.41 42 Ground-level building facade occupied by transparent window or door openings (minimum area) Street Frontage Commercial Mixed-Use Developments (%) Residential Development (%) Ocean Avenue 502 301 SE 2nd Avenue 30 Seacrest Boulevard 502 302 NE/SE 1st Street 502 302 NE/SE 3rd Street 502 NOTES: 1 These standards also apply to any portion of a ground-level facade facing a courtyard or patio. 2 To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height of 6 feet, 8 inches above grade. 43 Section 3.Each and every other provision of the Land Development Regulations 44 not specifically amended herein shall remain in full force and effect as originally adopted.45 Section 4.All laws and ordinances applying to the City of Boynton Beach in 46 conflict with any provisions of this ordinance are hereby repealed.47 380 Section 5.Should any section or provision of this Ordinance or any portion 48 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 49 affect the remainder of this Ordinance. 50 Section 6.Authority is hereby given to codify this Ordinance.51 Section 7.This Ordinance shall become effective immediately.52 FIRST READING this ____ day of ____________, 2024.53 SECOND, FINAL READING, AND PASSAGE this ______ day of ________, 2024.54 CITY OF BOYNTON BEACH, FLORIDA55 56 YES NO57 58 Mayor – Ty Penserga _____ _____59 60 Vice-Mayor – Aimee Kelley _____ _____61 62 Commissioner – Angela Cruz _____ _____63 64 Commissioner – Woodrow L. Hay _____ _____65 66 Commissioner – Thomas Turkin _____ _____67 68 VOTE ______69 ATTEST:70 71 _______________________________________________________72 Maylee De Jesús, MPA, MMC Ty Penserga73 City Clerk Mayor74 75 APPROVED AS TO FORM:76 (Corporate Seal)77 _______________________________78 Shawna G. Lamb79 City Attorney80 381 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 24-018 STAFF REPORT TO: Mayor Ty Penserga and Members of the City Commission THRU: Amanda Radigan, AICP, LEED AP Planning and Zoning Director FROM: Jae Eun Kim, PLA Principal Planner DATE: April 3, 2024 City Commission Dates: April 16th & May 7th, 2024 REQUEST: Approve modifications to requirements of transparent windows or door openings on the ground-level façade (CDVR 24-001) amending the Land Development Regulations, Chapter 3, Article III, Section 8.C.7.c. Fenestration Requirements, to reduce the requirements from 50% to 30%. ________________ EXPLANATION & PROPOSED AMENDMENT Buildings within the Cultural District Overlay are required to reflect a Coastal Village style of architecture, consisting primarily of hip and/or gable roof, rectilinear forms with stepbacks, porches, and building articulation. This style derives its character from various elements associated with the Key West Vernacular and Bungalow styles of architecture found throughout South Florida. Overhead structures, gateways, and arches, help define space, provide pedestrian comfort, and reinforce character and identity. Additionally, new structures in the Cultural District Overlay are required to be designed with the pedestrian building entries oriented towards the street, and be sensitive to the scale and massing envisioned in the CRA Redevelopment Plan. In order to achieve the purpose and intent of the Cultural District Overlay, ground-level building facades facing a street are to be occupied by transparent window or door openings. The proposed amendment reduces the existing fenestration requirements on the ground level from 50% to 30% along NE/SE 1st Street and Seacrest Boulevard. The reduction offers greater flexibility of the architectural design by allowing various uses and designs along the street frontage. Commercial uses are required to be provided on the ground-level, however when integrated into mixed-use building the architectural design needs to account for back -of-house spaces, such as kitchens and storage rooms, which cannot have windows facing the sidewalk. Furthermore, the fenestration reduction will allow projects to provide residential units on the ground level to activate the street frontage and meet the intent of mixed-use developments within the Cultural District Overlay. CONCLUSION/RECOMMENDATION Staff recommends approval of the subject amendment to the Land Development Regulations to reduce fenestration requirements for mixed-use developments within the Cultural District Overlay. 382 1 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 3 “ZONING”, ARTICLE III. “ZONING DISTRICTS AND OVERLAY ZONES”, SECTION 8(C)(7)(C) “FENESTRATION REQUIREMENTS” OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐The proposed ordinance is required for compliance with Federal or State law or regulation; ☐The proposed ordinance relates to the issuance or refinancing of debt; ☐The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐The proposed ordinance is an emergency ordinance; ☐The ordinance relates to procurement; or ⾙ The proposed ordinance is enacted to implement the following: a.Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b.Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c.Section 553.73, Florida Statutes, relating to the Florida Building Code; or d.Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. 383 2 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance: Amend the land development regulations to reduce fenestration requirements in the Cultural District Overlay. The reduction offers greater flexibility of the architectural design by allowing various uses and designs along the street frontage. The fenestration reduction will allow projects to provide residential units on the ground level to activate the street frontage and meet the intent of mixed-use developments within the Cultural District Overlay. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: None 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems useful (if any): N/A 384 City of Boynton Beach Agenda Item Request Form 10.A Unfinished Business 04/16/2024 Meeting Date: 04/16/2024 Consideration of proposed Unity Project Murals. Requested Action: Staff requests the City Commission recommend approval or denial of the proposed Unity Project Murals. Explanation of Request: The City issued a Call to Artists for the Unity Project Mural Project. Five final candidates were selected by the Heart of Boynton Neighborhood Association Planning Committee and other public members. The Art Advisory Board chose the final two candidates, Craig McInnis and Eduardo Mendieta, to submit mural proposals. The City sought community comments regarding the murals. Any comments that were either emailed to Unity@bbfl.com or written at the Artist Meet & Greet Reception held on March 16, 2024, at the Arts & Cultural Center are included in the attachment for review. The Art Advisory Board, at its meeting on April 10, 2024, considered approval of the two murals for the Unity Project. The Public Arts Advisory Board selected artist Craig McInnis to paint a community mural on the south wall of the building located at the corner of Federal Highway and MLK Blvd, and the Advisory Board selected Eduardo Mendieta to paint a community mural on the south wall of the racquetball courts at Sara Sims Park. These two murals are now presented to the Commission for consideration. How will this affect city programs or services? The murals will be on display for the community to reflect upon for many years to come. Fiscal Impact: Artist fees will be paid from Mellon Foundation Grant funds. Attachments: 10-A Unity_Mural_Project_Final_Proposals-City_Commission-UPDATED.pptx 385 Unity Project Mural ArtistsFinal Proposal- UPDATED 4/15/24 Boynton Beach City Commission Meeting Tuesday, April 16, 2024 6:30 PM 386 Unity Mural Project Corner Business Wall on Federal and MLK Jr. Blvd. Sara Sims Park Southside Racquetball Wall 387 Art Advisory Board – Requested Changes Craig McInnis Mural The Arts Adv. Board approved both murals, but suggested that Craig McInnis make a couple of changes: Remove one choir member and enlarge the remaining three if possible, shrink and/or remove the blue paint splash to make room for more white space, use a different color for the church 388 Craig McInnis-Updated Site Location: Corner Business on Federal & MLK Jr. Blvd. 389 Eduardo Mendieta Site Location: Sara Sims Park (Southside Racquetball Wall) 390 Community Comments Submitted via Email on March 13, 2024 to: Unity@bbfl.us •“The murals project is support(sp) to be the past, present, and future about the Heart of Boynton what we have went through” •“No kids around a tree play in the dirt, and that giant lady bird has nothing to do with the thing we have been through” Comments received on Thursday, April 11, 2024 •“Women in the bottom corner of the mural that is going in on MLK is depicting a clown” •“The middle child in the Sara Sims mural has no arms and large hands” 391 C O M M U N I T Y C O M M E N T S Submitted during Artist Meet & Greet Reception – March 16, 2024 392 City of Boynton Beach Agenda Item Request Form 11.A New Business 04/16/2024 Meeting Date: 04/16/2024 Discuss options for the Central Parcel of the Town Square Master Plan. Requested Action: Presentation to the City Commission regarding potential development options for the Central Parcel of the Town Square Master Plan located at 129 E. Ocean Avenue. Explanation of Request: On February 21, 2023 the City Commission approved the Major Master Plan Modification for Boynton Beach Town Square (MPMD 23-004). The Master Plan was conditioned on approval of a land exchange between the City and Boynton Beach Town Center Apartments, LLC. The Master Plan proposes that the City gain ownership of the Central Parcel (Parcel No. 08434528480030030) located at the northwest corner of Ocean Avenue and NE 1st Street in exchange for a portion of the North Parcel located at the southeast corner of E. Boynton Beach Blvd and N. Seacrest Blvd (Parcel no. 08434528480010020 & 08434528480010010). As part of the approved Major Master Plan Modification for Boynton Beach Town Square, the City gained ownership of Phase 4, AKA Central Parcel, situated east of the Children’s Museum. Uses for Phase 4 are estimated for the previously approved modification application and subject to change at the discretion of the City. The uses shall be comparable to the existing proposal or the proposed use may be up to an equivalent intensity. The existing proposal for Phase 4 (Central Parcel) includes: Hotel - 144 keys 15,000 sq. ft. commercial As requested by the City Commission, Staff has prepared a presentation to discuss potential development options for the property. How will this affect city programs or services? This will not affect City programs or services. Attachments: Town Square Central Parcel.pdf 393 Town Square Central Parcel Development Options 394 Town Square Central Parcel 395 Town Square Central Parcel Owned by:City of Boynton Beach Locations:129 E.Ocean Avenue Size: 1.21 Acres Zoned:MU-3 (Mixed Use 3) 75’ Maximum Height 3.5 Maximum FAR 50 du/ac (remaining 64 units possible) Uses Include: Commercial, Office Proposed /MP: 144 Hotel Rooms 16,000 sq. ft. Retail Credit: Newmark Central Parcel 396 Request for Proposal (RFP) Process ▪What benefits do we expect from the project? ▪What uses are needed / desired by the City? ▪Tailor the RFP draft to focus on desired impacts. 397 Sell the Property Market and sell the property on the private market Land Lease (long-term) Lease the property Own, Build, and Operate Maintain ownership, develop and manage the property Hybrid Sell or lease a portion of the property and maintain ownership, develop and operate the other portion OPTION 1 OPTION 2 OPTION 3 OPTION 4 Development Options 398 Option 1: Sell the Property *Newmark -Date 399 Apartment Land Sale Comparable Project Name City Sale Date Acres Units Density Sale Price Price/Acre Price/Unit 515 S Federal Hwy Boynton Beach Jan-22 2.38 85 36 $5,900,000 $2,478,992 $69,412 Calta Hollywood Hollywood Apr-22 1.60 180 113 $9,500,000 $5,937,500 $52,778 South Middle River Lofts Fort Lauderdale Jan-23 1.48 60 41 $3,000,000 $2,027,027 $50,000 Boynton Town Square Boynton Beach Apr-23 8.55 933 109 $44,000,000 $5,146,199 $47,160 Boynton Town Square –Phase 4 High Range TBD 1.21 60 49 $2,470,000 --$41,167 Soleste Pompano Beach Pompano Beach Jul-22 1.98 253 128 $9,800,000 $4,949,495 $38,735 Sentosa Pompano Pompano Beach Apr-22 6.20 285 46 $10,600,000 $1,709,677 $37,193 Broadstone Boynton Beach Boynton Beach Mar-22 2.76 274 99 $10,000,000 $3,623,188 $36,496 Boynton Town Square –Phase 4 Low Range TBD 1.21 60 49 $1,840,000 --$30,667 Option 1: Sell the Property *Newmark 400 Project Name City Sale Date Acres Keys Density Sale Price Price/Acre Price/Key Tempo &Homewood Hotel Fort Lauderdale Mar-23 0.79 169 214 $11,500,000 $14,556,962 $68,047 FLLB Hotel &Suites Fort Lauderdale Oct-21 1.84 224 122 $9,000,000 $4,891,304 $40,179 Boynton Town Square –Phase 4 High Range TBD 1.21 144 119 $4,940,000 --$34,306 Home2 Suites by Hilton Davie Sep-21 3.16 147 47 $4,600,000 $1,456,618 $31,293 Boynton Town Square –Phase 4 Low Range TBD 1.21 144 119 $4,020,000 --$27,917 Tru Hotel by Hilton Miramar Mar-22 1.86 97 52 $2,450,000 $1,317,204 $25,258 Hilton Homewood Hotel Pompano Beach Nov-22 1.10 163 148 $4,100,000 $3,727,273 $25,153 Hotel Land Sale Comparable Option 1: Sell the Property *Newmark 401 Marketing the Property for Sale Option 1: Sell the Property *Newmark 402 ▪City maintains ownership of the parcel ▪Leases may range from 50 –99 years ▪City has the ability to work with the lessee on the use and development of the property ▪Source of revenue Option 2: Land (Ground) Lease Owned by City Owned by Lessee 403 Option 3: Own, Build, Operate ▪City maintains ownership and develops the property. ▪The City will be responsible for maintaining the property. ▪May require the City to bond out the development of the property. ▪Once the site is developed, the City will be responsible for operating the new site. ▪Fill community need -Potential Parking structure ▪Continuous revenue source 404 Option 4: Hybrid ▪The City can sell or lease a portion of the property and maintain ownership, develop, and operate the remainder ▪Allows a private developer to build a commercial component on the site ▪Allows the City to fill a community need (parking garage) ▪Continuous revenue source Sell or lease property for commercial development Maintain ownership and build a parking garage 405 1 Sell 2 Lease 3 Own/Build/Op 4 Hybrid Generate continuous revenue One-time revenue X (rental)X X Increase costs for staff & management X X Responsible for property improvements/maintenance X X (portion) Requires Funding / Bonding X X (portion) Maintain ownership of Property X X Supports “park once” environment X X Loss of future revenue X Uncertain terms of purchase agreement X X X (portion) Pros and Cons 406 Town Square Central Parcel ▪How would you like to move forward? ▪Are there community benefits that this property can assist with? ▪If so, what are they? ▪Any desired changes to the proposed uses in the master plan? ▪Things that may influence decision-making: ▪Completion of the Mobility plan (does the City need parking?) ▪Establishment of a Mobility Fee ▪Market Analysis for desired uses (hotel –commercial) ▪Market Conditions and changes over next 5 years ▪Timeline relative to Town square construction ▪City’s bonding capacity now and future ▪Waiting is an option unless some variables solidify 407 Economic Development Division 408 Option Pros Cons Option 1 Sell the Property -Generate revenue from sale -Increase in tax base (will go to the BBCRA) -Development –private funding -Loss of ownership and an asset -Loss of future revenue -Uncertain terms of purchase agreement Option 2 Lease Property -Continuous source of rental revenue -Long-term tenant -May not be responsible for improvements -Maintain ownership of an asset -Lease could include provisions that allow the City to keep a certain degree of control over the property -Could potentially be responsible for improvements -Hardest to market (small investor market) Option 3 Own, Build, and Operate -Maintain ownership of an asset -Continuous source of revenue -Fits a local need –parking garage -Supports a “park once” environment -Requires funding (debt service) -Increase costs for staff and management -Responsible for property improvements/maintenance Option 4 Hybrid -Maintain ownership of most of the property -Continuous source of revenue (lease/sale and parking) -Fits a local need –parking garage -Supports a “park once” environment -Requires funding (debt service) -Increase costs for staff and management -Less control of how the property is developed and used Pros and Cons 409 City of Boynton Beach Agenda Item Request Form 11.B New Business 04/16/2024 Meeting Date: 04/16/2024 Local Business Preference Overview Presentation Requested Action: Discuss Local Business Preference. Explanation of Request: Discussion requested by Commissioner Cruz. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Commission Presentation - Local Business Preference.pptx 410 Local BusinessPreference CITY MANAGER’S REPORT April 16, 2024 411 The City is proud to offer a local business preference of 5% or 5 points in the acquisition of goods and services. A bid or proposal submitted by a certified local firm that is located within the City of Boynton Beach for at least one (1) year will receive a 5% OR $5,000, whichever is less, bid reduction for local preference. Each proposal will be awarded the full 5 points allotted by each evaluation committee member. In order to be considered for a local business preference, a vendor must include the Local Business Status Certification Form at the time of submittal. 412 2024 – Business within the City Limits Teaming together, the Economic Development staff has developed a list provided by the Building Department of all Business Licenses issued for 2024. They were able to remove all businesses outside of the City of Boynton Beach limits. Finance pulled all expenditures for years 2021, 2022, and 2023 to obtain the approximate spending with local licensed businesses. 413 2024 – Licensed Businesses within the City of Boynton Beach limits –2,945 Fiscal Year 2021 - $769,404.37 Fiscal Year 2022 - $1,455,926.83 Fiscal Year 2023 - $1,563,674.88 Types of Purchases: Architecture Services, Car Washes, Cell phone services, Clothing, Copy and Printing Services, Dry Cleaners, Electrical Services, Environmental Services, Hardware, Locksmith, Paint, Paint Body & Repairs, Party Rentals, Photography,Playground Equipment,Plumbing, Restaurants, Sign Crafters, Tires, Towing & Recovery. 414 •Implement more involvement with Departments to include one (1) local vendor for all purchases under $49,999 which requires three (3) quotes. •Economic Development to assist with a database to assist departments in locating local vendors. •Purchasing to ensure that local vendors are included in the process. Options for Improvement •Many issued licenses are for services, which are not utilized by the City of Boynton Beach •Law Offices •Medical Services •Tax Preparation Services •Real Estate Services •Investment/Financial Services •The City could end up paying more for services Challenges 415 End of Presentation 416 City of Boynton Beach Agenda Item Request Form 11.C New Business 04/16/2024 Meeting Date: 04/16/2024 Proposed Ordinance No. 24-009- First Reading, An Ordinance of the City of Boynton Beach, Florida Amending Part II, Chapter 18, Article IV, "Pensions for Firefighters" of the City Code of Ordinances; by Amending Sections 18-180.2 and 18-194 to create a 2.8% COLA for Firefighters who complete eight years of drop participation to be funded with a 6% employee pick-up contribution during drop participation; amending section 18-180.2 to delay the 2% cola for disability retirees until five years following the date that would have been the disability retiree's normal retirement date; and amending Section 18-182 to lower the service-connected disability payment from 66 2/3% to 60% for disability retirement after the effective date; providing for severability. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-009, on First Reading. Explanation of Request: The City of Boynton Beach desires to amend Chapter 18 of the Code of Ordinances of the City of Boynton Beach to (i) create a 2.8% COLA to be funded solely with member contributions, (ii) delay the COLA for disability retires, and (iii) decrease the service incurred disability payment. Boynton Beach Firefighters and Paramedics, International Association of Firefighters, Local 1891 has waived bargaining. How will this affect city programs or services? No impact. Fiscal Impact: Proposed Changes estimate a decrease in employer contributions of $22,497 in contribution year. Attachments: Ordinance 24-009- IAFF_COLA.docx Boynton Beach Fire - Actuarial Impact Statement for Proposed Ordinance - 3-26-2024.pdf 417 ORDINANCE NO. 24-0091 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA; 2 AMENDING PART II, CHAPTER 18, ARTICLE IV, “PENSIONS FOR 3 FIREFIGHTERS” OF THE CITY CODE OF ORDINANCES; BY 4 AMENDING SECTIONS 18-180.2 AND 18-194 TO CREATE A 2.8% COLA5 FOR FIREFIGHTERS WHO COMPLETE EIGHT YEARS OF DROP 6 PARTICIPATION TO BE FUNDED WITH A 6% EMPLOYEE PICK-UP 7 CONTRIBUTION DURING DROP PARTICIPATION;AMENDING 8 SECTION 18-180.2 TO DELAY THE 2% COLA FOR DISABILITY 9 RETIREES UNTIL FIVE YEARS FOLLOWING THE DATE THAT 10 WOULD HAVE BEEN THE DISABILTY RETIREE’S NORMAL 11 RETIREMENT DATE; AND AMENDING SECTION 18-182 TO LOWER 12 THE SERVICE CONNECTED DISABILITY PAYMENT FROM 66 2/3% 13 TO 60% FOR DISABILITY RETIREMENT AFTER THE EFFECTIVE 14 DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A 15 REPEALER; PROVIDING FOR CODIFIATION; AND PROVIDING FOR 16 AN EFFECTIVE DATE.17 WHEREAS, the City of Boynton Beach desires to amend Chapter 18 of the Code of 18 Ordinances of the City of Boynton Beach to (i) create a 2.8% COLA to be funded solely with 19 member contributions, (ii) delay the COLA for disability retires, and (iii) decrease the service 20 incurred disability payment; and21 WHEREAS, Boynton Beach Firefighters and Paramedics, International Association of 22 Firefighters, Local 1891 has waived bargaining; and23 WHEREAS, adopting an Ordinance amending Part II, Chapter 18, Article IV, “Pensions 24 for Firefighters” of the City Code of Ordinances is necessary; and25 WHEREAS, the City Commission of the City of Boynton Beach, Florida, finds that the 26 pension plan amendments described herein are in the best interest of the City and its employees. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 28 OF BOYNTON BEACH, FLORIDA, THAT:29 Section 1: Section 18-180.2 of the Code of Ordinances of the City of Boynton Beach 30 is hereby amended to read as follows:31 418 4.9.24 (SGL) Page 2 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Sec. 18-180.2. Cost of living increases.32 (a) Effective December 1, 2011, an automatic two percent (2%) annual cost of living 33 adjustment (COLA) is created for all members who retire or enter into the DROP on or 34 after December 1, 2006. Payment of annual COLA benefits shall not begin until five (5) 35 years after retirement or entry into the DROP. As of each October first, retirees in pay 36 status and beneficiaries receiving monthly survivorship benefits on behalf of deceased 37 members, shall have their benefits adjusted annually, following the five (5)-year delay. 38 Retirees eligible to receive annual COLA benefits shall include all retirees electing early 39 retirement and all disability retirees who enter pay status on or after December 1, 2006. 40 Effective October 1, 2023, COLA benefits will commence beginning on the October 1 41 following separation from service, for DROP participants who elect to extend their DROP 42 participation beyond five (5) years. Effective June 1, 2024, the 2% COLA for disability 43 retirees shall commence, beginning five years after what would have been the member’s 44 normal retirement date.45 (b)Notwithstanding anything to the contrary, effective June1, 2024,an automatic 2.8% annual 46 COLA is created for DROP participants who complete at least three years of DROP 47 participation while contributing 5% to cover the cost of the 2.8% COLA and 1% which 48 shall be applied to unfunded liabilities of the retirement system, as follows: 49 (i) Current DROP participants: a mandatory 6% employee pick-up contribution shall be 50 deducted effective June 1, 2024 (or as soon as administratively possible thereafter), which 51 shall continue for three years; 52 419 4.9.24 (SGL) Page 3 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (ii) Future DROP participants: a mandatory 6% employee pick-up contribution shall be 53 deducted for the first three years of DROP participation. Should a DROP participant 54 separate from service prior to completing three years of contributions, the 6% employee 55 contribution shall be refunded to the member;56 (iii) Commencement date for the 2.8% COLA: The 2.8% COLA shall commence on 57 October 1st after completing eight years of DROP participation. Any member who does 58 not remain in the DROP for eight years but completes three years of member contributions 59 at the 6% rate shall receive the 2.8% COLA on October 1 st following the eight-year60 anniversary of DROP entry. 61 Section 2:Section 18-182 of the Code of Ordinances of the City of Boynton Beach is 62 hereby amended to read as follows:63 Sec. 18-182. Disability retirement and death benefits.64 (a)Service incurred. Prior to June 1, 2024, Aany member who receives a medically 65 substantiated service connected injury, disease or disability, which injury, disease or 66 disability totally and permanently disables such member to the extent that, in the opinion 67 of the board of trustees, the member is wholly prevented from rendering useful and efficient 68 service as a firefighter, shall receive a monthly benefit equal to sixty-six and two-thirds (66 69 2/3) percent of the member’s basic rate of earnings in effect on the date of disability. 70 Effective June 1, 2024, the service incurred disability benefit shall be the greater of sixty 71 percent (60%) of the member’s basic rate of earnings in effect on the date of disability or 72 their accrued benefit. Such benefit shall be payable on the first day each month, 73 commencing on the first day of the month following the latter to occur of the date on which 74 420 4.9.24 (SGL) Page 4 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. the disability has existed for three (3) months and the date the board of trustees approved 75 the payment of such retirement income. In the event of recovery prior to the otherwise 76 normal retirement date, credit for service during the period of disability shall be granted 77 for purposes of subsequent retirement benefits. The amount of the disability benefit payable 78 from the fund shall be reduced by any amounts paid or payable as disability benefits from 79 workers’ compensation and the federal social security system. The reduction for social 80 security benefits shall be in the amount of the primary insurance amount (PIA) only, and 81 future increase, if any, in the disabled member’s social security disability benefit shall not 82 serve to reduce any further the disability benefit from the fund. The reduction for social 83 security shall terminate upon the attainment of age sixty-five (65). For purposes of 84 compliance with Chapter 175, Florida Statutes, service-incurred disability benefits shall 85 not be offset below 42% of average final compensation. The maximum benefit cap 86 established in 2019 shall apply to service incurred disability retirement benefits under this 87 subsection.88 Section 3:Section 18-194(a)(3) & (15) of the Code of Ordinances of the City of 89 Boynton Beach is hereby amended to read as follows:90 Sec. 18-194. Deferred retirement option plan.91 (3)Participation in the DROP must be exercised within the first 30 years of 92 employment; provided, however, that participation in the DROP, when combined with 93 participation in the retirement plan as an active member, may not exceed 30 years. The maximum 94 period of participation in the DROP is five years. An employee’s election to participate in the 95 DROP plan shall be irrevocable and shall be made by executing a resignation notice on a form 96 421 4.9.24 (SGL) Page 5 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. prescribed by the city. Effective October 1, 2023 the maximum period of DROP participation shall 97 be eight (8) years; provided that the maximum period of active membership when combined with 98 DROP participation shall not exceed thirty-three (33) years. DROP participants electing to remain 99 in DROP during years six (6) through eight (8) shall resume employee "pick-up" contributions at 100 the rate of six percent (6%) as follows: Five percent (5%) shall be allocated to COLA funding 101 under Section 18-180.2(c) and the remaining one percent (1%) shall be applied to unfunded 102 liabilities in the retirement system.103 ***104 (15)Notwithstanding anything to the contrary, effective June 1, 2024, an automatic 105 2.8% annual COLA is created for DROP participants who complete at least three years of DROP 106 participation while contributing 5% to cover the cost of the 2.8% COLA and 1% which shall be 107 applied to unfunded liabilities of the retirement system, as follows: 108 (i) Current DROP participants: a mandatory 6% employee pick-up contribution shall be 109 deducted effective June 1, 2024 (or as soon as administratively possible thereafter), which 110 shall continue for three years; 111 (ii) Future DROP participants: a mandatory 6% employee pick-up contribution shall be 112 deducted for the first three years of DROP participation. Should a DROP participant 113 separate from service prior to completing three years of contributions, the 6% employee 114 contribution shall be refunded to the member;115 (iii) Commencement date for the 2.8% COLA: The 2.8% COLA shall commence on the 116 first October 1st after completing eight years of DROP participation. Any member who 117 does not remain in the DROP for eight years but completes three years of member 118 422 4.9.24 (SGL) Page 6 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. contributions at the 6% rate shall receive the 2.8% COLA on the first October 1 st following 119 the eight-year anniversary of DROP entry. 120 Section 4:The City Commission intends, and it is hereby ordained, that the provisions 121 of this Ordinance shall become and be made a part of the Code of Ordinances of the City of 122 Boynton Beach, that the sections of the Ordinance may be renumbered or re-lettered to accomplish 123 such intentions, and that the word “Ordinance” shall be changed to “Section” or other appropriate 124 word.125 Section 5:If any clause, section, or other part or application of this Ordinance shall be 126 held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 127 or invalid part or application shall be considered eliminated and shall not affect the validity of the 128 remaining portions or applications which shall remain in full force and effect.129 Section 6:All ordinances, or parts of ordinances, resolutions, or parts of resolutions,130 in conflict herewith are hereby repealed to the extent of such conflict.131 Section 7:This Ordinance shall become effective immediately upon adoption unless 132 otherwise provided.133 134 135 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)136 137 138 423 4.9.24 (SGL) Page 7 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2024.139 SECOND, FINAL READING, AND PASSAGE this ______ day of _______, 2024.140 CITY OF BOYNTON BEACH, FLORIDA141 YES NO142 143 Mayor – Ty Penserga _____ _____144 145 Vice Mayor – Aimee Kelley _____ _____146 147 Commissioner – Woodrow L. Hay _____ _____148 149 Commissioner –Angela Cruz _____ _____150 151 Commissioner – Thomas Turkin _____ _____152 153 VOTE ______154 ATTEST:155 156 _____________________________157 Maylee DeJesús, MMC Ty Penserga158 City Clerk Mayor159 160 APPROVED AS TO FORM:161 (Corporate Seal)162 163 164 Shawna G. Lamb165 City Attorney166 167 424 March 26, 2024 Mr. David Williams Boynton Beach Municipal Firefighters’ Pension Trust Fund Precision Pension Administration 2100 North Florida Mango Road West Palm Beach, Florida 33409 Re: City of Boynton Beach Municipal Firefighters’ Pension Trust Fund – Actuarial Impact Statement Dear Dave: As requested, we have prepared the enclosed Actuarial Impact Statement showing the impact of the proposed Ordinance which would amend the Plan provisions of the City of Boynton Beach Municipal Firefighter’s Pension Trust Fund (Plan). The results are based on census and asset data as of October 1, 2022. Please refer to the enclosed exhibits for details. The following is a brief description of the Plan changes included in the proposed Ordinance.  Current Plan Provisions and Assumptions – Same plan provisions and actuarial assumptions as described in the October 1, 2022 Actuarial Valuation Report. Each retiree, beneficiary and disability retiree who retires or enters the DROP on or after December 1, 2006 receives an annual 2.0% Cost of Living Adjustment (COLA) on October 1st of each year beginning after the later of (1) a five-year delay following retirement/DROP entry and (2) the date of separation from service (i.e., DROP Exit). For valuation purposes, the first COLA is assumed to be given on the October 1st that is at least 6 years (on average) following the date of retirement or DROP entry. DROP participants who elect to remain in the DROP during years 6 through 8 resume employee “pick- up” contributions of 6% of pay, with 5% of pay being applied toward funding the COLA and 1% of pay being applied toward the unfunded liabilities of the Plan. The service incurred disability benefit is 66 2/3% of the member’s basic rate of earnings in effect on the date of disability, reduced by amounts payable under Social Security PIA, with a minimum benefit equal to 42% of Final Average Compensation (FAC).  Plan Changes – The proposed Ordinance would amend the Plan as follows: • Effective April 1, 2024 (or as soon as administratively possible thereafter), all current and future DROP participants shall make mandatory 6% of pay employee pick-up contributions (with 5% of pay being applied toward funding the COLA and 1% of pay being applied toward the unfunded liabilities of the Plan) for the next three years for current DROP participants (and for the first three years of DROP participation for future DROP participants). This initial three-year period of 6% of pay employee pick-up contributions during DROP participation shall be in lieu of resuming 6% of pay employee pick-up contributions during years 6 through 8 of the DROP. • For any firefighter who completes at least three years of DROP participation while contributing 6% of pay employee pick-up contributions, the annual COLA is increased from 2.0% to 2.8%, commencing on the 425 Mr. David Williams March 26, 2024 Page 2 first October 1st following the 8-year anniversary of DROP entry. Any firefighter who does not complete three years of DROP participation while contributing 6% of pay employee pick-up contributions shall receive a refund of any 6% employee contributions made and his/her annual COLA shall be 2.0% commencing on the first October 1st following the five-year anniversary of DROP entry. For modeling purposes for this actuarial impact statement, all firefighters are assumed to participate in the DROP and complete at least three years of DROP participation while contributing 6% of pay employee pick-up contributions (to receive the higher 2.8% COLA after an 8-year delay). We recommend monitoring emerging DROP participation experience and adjusting this assumption in the future, if warranted, to reflect actual experience. • The 2.0% COLA for future disability retirees shall commence beginning five years after what would have been the member’s normal retirement date, rather than five years after the disability retirement date. • The service incurred disability benefit shall be equal to the greater of 60% of the member’s basic rate of earnings in effect on the date of disability or their accrued benefit, reduced by amounts payable under Social Security PIA, with a minimum benefit equal to 42% of FAC. Under the current City Ordinance, any changes in the cost of the COLA provisions must be borne by member contributions and/or allocations from annual Chapter 175 State money. Currently, active members and DROP participants (during years 6 through 8 of DROP participation -- but proposed by this Ordinance to be shifted to the next three years of DROP participation for current DROP participants and to years one through three for future DROP participants) contribute 5% of pay toward the cost of the COLA. The net increase in the cost of the proposed changes in the COLA provisions in this proposed Ordinance results in an increase in the allocation from annual Chapter 175 State money. Summary of Findings As a result of the proposed Plan changes and the associated assumption change (a change in the expected delay from the date of retirement/DROP entry until the date the first COLA increase is provided from 6 years to 8 years, for current active members and current DROP participants): • The total actuarially determined employer contribution (ADEC) for the fiscal year ending September 30, 2024 would have increased by $276,586, from $7,164,753 to $7,441,339 (or by 2.09% of covered payroll, from 54.14% to 56.23%). By Ordinance, any changes in the cost of the COLA provisions must be by borne by member contributions and/or allocations from the annual Chapter 175 State money. The net increase in the ADEC associated with the proposed changes in COLA provisions would be $299,083, so the allocation from Chapter 175 State money would be increased by $299,083 (from $943,466 to $1,242,549). The change in the service-connected disability benefit amount is unrelated to the COLA, and by itself, would result in a decrease in the ADEC of $22,497. • Since the proposed changes in COLA provisions would be paid for by an increase in the allocation from Chapter 175 State money, the net required City contribution for the fiscal year ending September 30, 2024 would have decreased by $22,497, from $6,221,287 to $6,198,790 (or by 0.17% of covered payroll, from 47.01% to 46.84%), as a result of this proposed Ordinance. 426 Mr. David Williams March 26, 2024 Page 3 • The funded ratio (actuarial value of assets divided by actuarial accrued liability) as of October 1, 2022 would have decreased by 1.2%, from 74.6% to 73.4%, as a result of this proposed Ordinance. The unfunded actuarial accrued liability would have increased by $2,825,612. This increase is expected to amortized by the increased allocation of annual Chapter 175 State money. Other Cost Considerations For purposes of this Actuarial Impact Statement, all firefighters reaching normal retirement age are assumed to participate in the DROP and complete at least three years of DROP participation while contributing 6% employee pick-up contributions (to receive the higher 2.8% COLA after an 8-year delay versus a 2.0% COLA after a 5-year delay), so all firefighters reaching normal retirement age are assumed to receive a 2.8% COLA delayed 8 years from the date of DROP entry. This assumption should be monitored and compared against emerging experience, but is believed to be a conservative assumption, as the cost/liability associated with a 2.8% COLA with an 8-year delay is higher than the cost/liability associated with a 2.0% COLA with a 5-year delay. If some members do not participate in the DROP or exit the DROP prior to completing three years of DROP participation while contributing 6% of pay employee pick-up contributions and receive a 2.0% COLA with a 5-year delay instead of a 2.8% COLA with an 8-year delay, this could result in some minor actuarial experience gains. By City Ordinance, the cost of the COLA provisions must be reevaluated once every three years, and the allocation from Chapter 175 State money is then adjusted to reflect the reevaluated cost. The next reevaluation is due to be completed in the Spring of 2025 in conjunction with the October 1, 2024 actuarial valuation. If the cost of the COLA had been reevaluated as of October 1, 2022, then the allocation from Chapter 175 State money would have increased by $153,745 (primarily due to the Plan’s negative investment experience during FY 2022). When the cost of the COLA is reevaluated as of October 1, 2024, the actual increase will likely be higher than $153,745 because the FY 2022 investment experience is being phased in over a 5-year period and will be 60% phased in by October 1, 2024. As such, it is recommended to allow for a cushion to protect against future increases in the cost of the COLA when it is reevaluated in the future. The total amount of Chapter 175 State money received in 2023 was $1,637,868, which is $395,319 higher than the increased allocation of Chapter 175 State money determined in this Actuarial Impact Statement, so as long as the Chapter 175 money remains at or near the amount received in 2023, it is estimated that a sufficient cushion exists to absorb the anticipated increase in the cost of COLA coming in the next COLA cost reevaluation as of October 1, 2024. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that result from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or 427 Mr. David Williams March 26, 2024 Page 4 demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan’s funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan’s future financial condition include: 1. Investment risk – actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk – actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan’s funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk – actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk – members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks – members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board’s funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision making process. Disclosures and Qualifications This report was prepared at the request of the Plan Administrator and is intended for use by the Pension Trust Fund and those designated or approved by the Board. This report may be provided to parties other than the Board only in its entirety and only with the Board’s permission. GRS is not responsible for the unauthorized use of this report. 428 Mr. David Williams March 26, 2024 Page 5 The purpose of this report is to describe the financial effect of the changes summarized above. This report should not be relied on for any purpose other than the purpose described above. Determinations of financial results associated with the benefits described in this report, for purposes other than those identified above may be significantly different. The results in this report are based on census and asset data as of October 1, 2022, as provided by the Plan Administrator for the October 1, 2022 Actuarial Valuation concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the Plan Administrator. Please refer to the Actuarial Valuation Report dated April 26, 2023 for all actuarial assumptions, methods and disclosures. The calculations are based upon assumptions regarding future events, which may or may not materialize. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and has no material limitations or known weaknesses. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the City of Boynton Beach Municipal Firefighters’ Pension Trust Fund as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Peter N. Strong and Jeffrey Amrose are members of the American Academy of Actuaries. These actuaries meet the Academy’s Qualification Standards to render the actuarial opinions contained herein. The signing actuaries are independent of the plan sponsor. We welcome your questions and comments. Sincerely yours, GABRIEL, ROEDER, SMITH & COMPANY Peter N. Strong, FSA, MAAA Jeffrey Amrose, MAAA Senior Consultant & Actuary Senior Consultant & Actuary 429 Prepared by Gabriel, Roeder, Smith and Company March 26, 2024 Page 6 of 12 CITY OF BOYNTON BEACH MUNICIPAL FIREFIGHTERS’ PENSION TRUST FUND Actuarial Impact Statement – March 26, 2024 Description of Amendments The proposed ordinance would amend the Plan as follows: • Effective April 1, 2024 (or as soon as administratively possible thereafter), all current and future DROP participants shall make mandatory 6% of pay employee pick-up contributions (with 5% of pay being applied toward funding the COLA and 1% of pay being applied toward the unfunded liabilities of the Plan) for the next three years for current DROP participants (and for the first three years of DROP participation for future DROP participants). This initial three-year period of 6% of pay employee pick-up contributions during DROP participation shall be in lieu of resuming 6% of pay employee pick-up contributions during years 6 through 8 of the DROP. • For any firefighter who completes at least three years of DROP participation while contributing 6% of pay employee pick-up contributions, the annual COLA is increased from 2.0% to 2.8%, commencing on the first October 1st following the 8-year anniversary of DROP entry. Any firefighter who does not complete three years of DROP participation while contributing 6% of pay employee pick-up contributions shall receive a refund of any 6% employee contributions made and his/her annual COLA shall be 2.0% commencing on the first October 1st following the five-year anniversary of DROP entry. • Effective March 1, 2024, annual automatic 2% COLA increases for disability retirees shall commence beginning five years after what would have been the member’s normal retirement date. • Effective March 1, 2024, the service incurred disability benefit shall be equal to the greater of 60% of the member’s basic rate of earnings in effect on the date of disability or their accrued benefit. Funding Implications of Amendment An actuarial cost estimate is attached. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator 430 Prepared by Gabriel, Roeder, Smith and Company March 26, 2024 Page 7 of 12 SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Boynton Beach Municipal Firefighters’ Pension Trust Fund Valuation Date October 1, 2022 Date of Report March 26, 2024 Report Requested by Board of Trustees Prepared by Peter N. Strong Group Valued All active and inactive Firefighters Changes in Plan Provisions Current Provisions (Before Proposed Changes) • Each retiree, beneficiary and disability retiree who retires or enters the DROP on or after December 1, 2006 receives an annual 2.0% Cost of Living Adjustment (COLA) on October 1st of each year beginning after the later of (1) five years following retirement/DROP entry, and (2) the date of separation from service (i.e., DROP Exit). • DROP participants who elect to remain in the DROP during years 6 through 8 resume employee pick-up contributions of 6% of pay, with 5% of pay being applied toward funding the COLA and 1% of pay being applied toward the unfunded liabilities of the Plan • The service incurred disability benefit is 66 2/3% of the member’s basic rate of earnings in effect on the date of disability, reduced by amounts payable under Social Security PIA with a minimum benefit equal to 42% of FAC. Revised Provisions (After Proposed Changes) • Effective April 1, 2024 (or as soon as administratively possible thereafter), all current and future DROP participants shall make mandatory 6% of pay employee pick-up contributions (with 5% of pay being applied toward funding the COLA and 1% of pay being applied toward the unfunded liabilities of the Plan) for the next three years for current DROP participants (and for the first three years of DROP participation for future DROP participants). This initial three-year period of 6% of pay employee pick-up contributions during DROP participation shall be in lieu of resuming 6% of pay employee pick-up contributions during years 6 through 8 of the DROP. • For any firefighter who completes at least three years of DROP participation while contributing 6% of pay employee pick-up contributions, the annual COLA is increased from 2.0% to 2.8%, 431 Prepared by Gabriel, Roeder, Smith and Company March 26, 2024 Page 8 of 12 commencing on the first October 1st following the 8-year anniversary of DROP entry. Any firefighter who does not complete three years of DROP participation while contributing 6% of pay employee pick-up contributions shall receive a refund of any 6% employee contributions made and his/her annual COLA shall be 2.0% commencing on the first October 1st following the five-year anniversary of DROP entry. • The 2.0% COLA for disability retirees shall commence beginning five years after what would have been the member’s normal retirement date. • The service incurred disability benefit shall be equal to the greater of sixty percent (60%) of the member’s basic rate of earnings in effect on the date of disability or their accrued benefit, reduced by amounts payable under Social Security PIA with a minimum benefit equal to 42% of FAC. Changes in Actuarial Assumptions and Methods All firefighters reaching normal retirement age are assumed to participate in the DROP and complete at least three years of DROP participation while contributing 6% of pay employee pick- up contributions (to receive the higher 2.8% COLA after an 8-year delay versus a 2.0% COLA after a 5-year delay), so all firefighters reaching normal retirement age are assumed to receive a 2.8% COLA delayed 8 years from the date of DROP entry. This assumption should be monitored and compared against emerging experience, but is believed to be a conservative assumption, as the cost/liability associated with a 2.8% COLA with an 8-year delay is higher than the cost/liability associated with a 2.0% COLA with a 5-year delay. If some members do not participate in the DROP or exit the DROP prior to completing three years of DROP participation while contributing 6% of pay employee pick-up contributions and receive a 2.0% COLA with a 5-year delay instead of a 2.8% COLA with an 8-year delay, this could result in some minor actuarial experience gains. All other actuarial assumptions and methods are the same as those used in the October 1, 2022 Actuarial Valuation Report. Some of the key assumptions/methods are: Investment Return – 7.15% Salary Increase – 3.25% to 15.0% per year depending on service Cost Method – Entry Age Normal Amortization Period for Any Change in Actuarial Accrued Liability 25 years Summary of Data Used in Report See attached page Actuarial Impact of Proposal(s) See attached page(s) 432 Prepared by Gabriel, Roeder, Smith and Company March 26, 2024 Page 9 of 12 PARTICIPANT DATA ACTIVE MEMBERS Number 117 117 Covered Annual Payroll $12,910,978 $12,910,978 Average Annual Payroll $110,350 $110,350 Average Age 38.8 38.8 Average Past Service 11.2 11.2 Average Age at Hire 27.6 27.6 RETIREES, BENEFICIARIES & DROP Number 129 129 Annual Benefits $8,269,773 $8,269,773 Average Annual Benefit $64,107 $64,107 Average Age 63.0 63.0 DISABILITY RETIREES Number 4 4 Annual Benefits $195,292 $195,292 Average Annual Benefit $48,823 $48,823 Average Age 50.3 50.3 TERMINATED VESTED MEMBERS Number 2 2 Annual Benefits $77,127 $77,127 Average Annual Benefit $38,564 $38,564 Average Age 42.6 42.6 October 1, 2022 October 1, 2022 Proposed Ordinance 433 Prepared by Gabriel, Roeder, Smith and Company March 26, 2024 Page 10 of 12 A.Valuation Date Valuation Change B.ADEC to Be Paid During Fiscal Year Ending 9/30/2024 9/30/2024 C.Assumed Date of Employer Contrib.10/1/2023 10/1/2023 D.Annual Payment to Amortize Unfunded Actuarial Liability $3,931,151 $4,114,125 $182,974 E.Employer Normal Cost 3,058,824 3,145,666 86,842 F.ADEC if Paid on the Valuation Date: D+E 6,989,975 7,259,791 269,816 G.ADEC Adjusted for Frequency of Payments 6,989,975 7,259,791 269,816 H.ADEC as % of Covered Payroll 54.14 %56.23 %2.09 % I.Covered Payroll per Valuation 12,910,978 12,910,978 0 J.Assumed Rate of Increase in Covered Payroll to Contribution Year 2.50 %2.50 %0.00 % K.Covered Payroll for Contribution Year 13,233,752 13,233,752 0 L.ADEC for Contribution Year: H x K 7,164,753 7,441,339 276,586 M.Estimate of State Revenue Allocated in Contribution Year (including amounts from the Accumulated Excess Reserve)943,466 1,242,549 299,083 N.Actuarially Determined Employer Contribution (ADEC) in Contribution Year 6,221,287 6,198,790 (22,497) O.ADEC as % of Covered Payroll in Contribution Year: N ÷ K 47.01 %46.84 %(0.17)% P.Estimated Amount of Accumulated Excess Premium Tax Revenue to offset ADEC (If Actual State Revenue = $1,637,868)0 0 0 ACTUARIALLY DETERMINED EMPLOYER CONTRIBUTION (ADEC) October 1, 2022 October 1, 2022 Proposed Ordinance 434 Prepared by Gabriel, Roeder, Smith and Company March 26, 2024 Page 11 of 12 A.Valuation Date Valuation Change B.Actuarial Present Value of All Projected Benefits for 1.Active Members a. Service Retirement Benefits $89,939,447 $92,658,175 $2,718,728 b. Vesting Benefits 3,855,780 3,855,780 0 c. Disability Benefits 2,211,059 1,937,770 (273,289) d. Preretirement Death Benefits 704,208 704,208 0 e. Return of Member Contributions 218,407 218,407 0 f. Total 96,928,901 99,374,340 2,445,439 2.Inactive Members a. Service Retirees & Beneficiaries 105,795,029 106,765,681 970,652 b. Disability Retirees 2,992,983 2,992,983 0 c. Terminated Vested Members 891,207 891,207 0 d. Total 109,679,219 110,649,871 970,652 3. Total for All Members 206,608,120 210,024,211 3,416,091 C.Actuarial Accrued (Past Service) Liability per GASB No. 25 174,533,538 177,359,150 2,825,612 D.Actuarial Value of Accumulated Plan Benefits per FASB No. 35 N/A N/A N/A E.Plan Assets 1.Market Value 112,665,943 112,665,943 0 2. Actuarial Value 130,237,341 130,237,341 0 F.Unfunded Actuarial Accrued Liability:44,296,197 47,121,809 2,825,612 C - E2 G.Actuarial Present Value of Projected Covered Payroll 99,108,201 99,108,201 0 H.Actuarial Present Value of Projected Member Contributions 11,892,985 11,892,985 0 I.Funded Ratio: E2/C 74.6%73.4%(1.2%) ACTUARIAL VALUE OF BENEFITS AND ASSETS October 1, 2022 Proposed Ordinance October 1, 2022 435 Prepared by Gabriel, Roeder, Smith and Company March 26, 2024 Page 12 of 12 A.Valuation Date Valuation Change B.Normal Cost for 1.Service Retirement Benefits $3,826,584 $3,947,136 $120,552 2.Vesting Benefits 284,404 284,404 0 3.Disability Benefits 205,767 172,057 (33,710) 4.Preretirement Death Benefits 44,363 44,363 0 5.Return of Member Contributions 61,868 61,868 0 6.Total for Future Benefits 4,422,986 4,509,828 86,842 7.Assumed Amount for Administrative Expenses 185,155 185,155 0 8.Total Normal Cost 4,608,141 4,694,983 86,842 As % of Covered Payroll 35.69 %36.36 %0.67 % C.Expected Member Contribution 1,549,317 1,549,317 0 As % of Covered Payroll 12.00 %12.00 %0.00 % D.Net Employer Normal Cost: B8-C 3,058,824 3,145,666 86,842 As % of Covered Payroll 23.69 %24.36 %0.67 % October 1, 2022 ENTRY AGE NORMAL METHOD CALCULATION OF EMPLOYER NORMAL COST October 1, 2022 Proposed Ordinance 436 City of Boynton Beach Agenda Item Request Form 11.D New Business 04/16/2024 Meeting Date: 04/16/2024 Proposed Ordinance No. 24-010 - First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Part II, Chapter 14, by creating Section 14.6 of the Code of Ordinances declaring purpose and intent, authorizing placement and installation of a school zone speed detection system, providing for implementation of general law by the City Manager and designation of local hearing officer; making findings regarding relevant traffic data and evidence warranting additional enforcement procedures and designating school zone speed detection system locations, which constitute a heightened safety risk; providing for conflicts, severability, codification, and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-010, on First Reading. Explanation of Request: Chapter 2023-174, Laws of Florida, which became effective July 1, 2023, amended Chapter 316, Florida Statutes, in regards to enforcement of school zone speed limits, and authorized municipalities to enforce the speed limit in a school zone at specified periods through the use of a speed detection system. Following a study, the below schools constitute a heightened safety risk that warrants additional enforcement measures by the installation or placement of speed detection systems. 500 Block of Miner Rd. (Rolling Green Elementary) 2700-2800 Block of N. Seacrest Blvd. (Rolling Green Elementary) 1100-1200 Block of N. Seacrest Blvd. (Poinciana Elementary) 1000 Block of S. Seacrest Blvd. (Forest Park Elementary) 900-1400 Block of S.W. 3rd St. (Forest Park Elementary) 2700-2900 Block of S. Congress Ave. (Crosspointe Elementary) 8400 Block of Lawrence Rd. (Citrus Cove Elementary) 437 3400 Hypoluxo Rd. (Freedom Shores Elementary) 3333 High Ridge Rd. (Imagine Chancellor Charter School) How will this affect city programs or services? The implementation of the School Zone Speed Detection System will assist with protecting the health, safety, and welfare of the citizens of Boynton Beach, especially the City's children, as they come and go to school daily. Fiscal Impact: Revenue generated from fines collected will be tracked in a separate account and used for public safety per Florida State Statue. Attachments: Ordinance 24-010- School_Zone_Speed_Detection_System.docx School Zone Crash Data.xlsx Citrus Cove ES Merged Speed Study.pdf Crosspointe ES Merged Speed Study.pdf Freedom Shores ES Merged Speed Study.pdf Rolling Green ES Speed Study.pdf Business Impact Estimate.pdf 438 1 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@A40B0547\@BCL@A40B0547.Docx ORDINANCE NO. 24-0101 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,3 AMENDING PART II, CHAPTER 14, BY CREATING SEC. 14.6 OF 4 THE CODE OF ORDINANCES; DECLARING PURPOSE AND 5 INTENT; AUTHORIZING PLACEMENT AND INSTALLATION OF A 6 SCHOOL ZONE SPEED DETECTION SYSTEM, PROVIDING FOR 7 IMPLEMENTATION OF GENERAL LAW BY THE CITY MANAGER 8 AND DESIGNATION OF LOCAL HEARING OFFICER;MAKING 9 FINDINGS REGARDING RELEVANT TRAFFIC DATA AND 10 EVIDENCE WARRANTING ADDITIONAL ENFORCEMENT 11 PROCEDURES AND DESIGNATING SCHOOL ZONE SPEED 12 DETECTION SYSTEM LOCATIONS, WHICH CONSTITUTE A 13 HEIGHTENED SAFETY RISK; PROVIDING FOR CONFLICTS, 14 SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.15 16 WHEREAS, Chapter 2023-174, Laws of Florida, which became effective July 1, 2023, 17 amended Chapter 316, Florida Statutes, in regards to enforcement of school zone speed limits, and 18 authorized municipalities to enforce the speed limit in a school zone at specified periods through 19 the use of a speed detection system; and20 21 WHEREAS, to promote public safety, especially regarding the safety and protection of 22 the City’s children, the City Commission has decided to authorize the use of such a school zone 23 speed limit detection system within the City; and 24 25 WHEREAS, the City Commission has considered the relevant traffic data and other 26 evidence supporting the installation of school zone speed limit detection systems within the City; 27 and28 29 WHEREAS, the City Commission has determined, based upon the evidence considered, 30 the location of the specific school zones in this jurisdiction, which constitute a heightened safety 31 risk that warrants additional enforcement procedures; and32 33 WHEREAS, the City Commission has determined that it is efficient to utilize the City’s 34 existing local special magistrates appointed under Section 14.5-5 of the Code of Ordinances to 35 conduct hearings pursuant to this ordinance and Chapter 2023-174, Laws of Florida, as it may be 36 amended; and37 38 WHEREAS,the City Commission determines that the adoption of this Ordinance is in the 39 best interest of the City.40 41 42 43 439 2 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@A40B0547\@BCL@A40B0547.Docx NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 44 OF BOYNTON BEACH, FLORIDA, THAT:45 46 SECTION 1.Each “Whereas” clause set forth above is true and correct and incorporated 47 herein by this reference.48 49 SECTION 2.Part II, Chapter 14, entitled “Motor Vehicles and Traffic,” is hereby 50 amended by creating a new Section 14.6, entitled “School Speed Zone Enforcement 51 Cameras”, as follows:52 53 Sec 14.6. – School Speed Zone Enforcement Cameras54 (a)Intent.The intent of this section is to protect the health, safety, and welfare55 of the citizens of Boynton Beach by authorizing the placement, installation, and56 use of speed detection systems on roadways maintained as a school zone as57 authorized under section 316.008, Florida Statutes, pursuant to section 316.1895,58 Florida Statutes, within the jurisdiction of the City, to promote compliance with59 speed limits in school zones, and to adopt a quasi-judicial system to enforce60 violations. This section provides a supplemental means of enforcing unlawful61 speed violations in school zones and shall not prohibit a law enforcement officer62 from issuing a uniform traffic citation for a traffic violation in accordance with63 Chapter 316, Florida Statutes.64 65 (b)Definitions.For the purposes of this section, the following terms shall have66 the meanings given below:67 68 Hearing procedures means the procedures set forth under section 316.1896, Florida 69 Statutes, governing noticing, scheduling, and conducting hearings before a Special 70 Magistrate.71 72 Law enforcement officer means, as defined by section 943.10(1), Florida73 Statutes, as may be amended.74 75 Local hearing officer means the Special Magistrates appointed under Section 14.5-76 5 of the City code.77 78 Motor vehicle means, as defined by section 316.003, Florida Statutes, as may be 79 amended.80 81 Notice of violation means the written notification sent to the registered owner of a82 vehicle after a school zone speed infraction by that vehicle has been captured by a83 speed detection system and thereafter reviewed and approved by a law84 enforcement officer or trafficinfraction enforcement officer. A notice of violation85 must be in the form and include the contents prescribed by section 316.1896,86 Florida Statutes, as may be amended.87 88 440 3 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@A40B0547\@BCL@A40B0547.Docx School zone means that portion of a street or highway established as a school89 zonepursuant to section 316.1895, Florida Statutes, as may be amended.90 91 School zone speed enforcement program means the regulations and procedures92 governing the use of speed detection systems on roadways maintained as a93 school zone within the jurisdiction of the City, as provided for by applicable law94 and established by this section.95 96 School zone speed infraction means a violation of sections 316.183 or 316.1895,97 Florida Statutes, captured by a speed detection system on a roadway maintained98 as a school zone during the hours provided for by applicable law and set forth in99 this section.100 101 School zone speed limit means the regularly posted or reduced posted speed limit102 within a school zone pursuant to section 316.1895, Florida Statutes.103 104 Speed detection system means a portable or fixed automated system used to105 detect amotor vehicle’s speed using radar or LiDAR and to capture a photograph106 or video of the rear of a motor vehicle that exceeds the speed limit in force at the107 time of the violation. This term is synonymous with the term “Speed Detection108 System” defined in section 316.003(83), Florida Statutes, as may be amended.109 110 Traffic infraction enforcement officer means a person who meets the111 qualifications established by section 316.640, Florida Statutes, as may be amended.112 113 Uniform traffic citation means the citation issued to the registered owner of a114 vehiclefor a school zone speed infraction, in the form and including the contents115 prescribed bysections 316.1896and316.650, Florida Statutes, as may be amended.116 117 (c)Use of speed detection systems.Pursuant to section 316.008(9), Florida118 Statutes, the City of Boynton Beach hereby elects to use speed detection systems on119 roadwaysproperly maintained as a school zone to enforce speed limits within the120 City’s jurisdiction.The City may utilize speed detection systems as a supplemental121 means of assisting law enforcement personnel in the enforcement of compliance122 with state law relatedto unlawfulspeed in schoolzones, inaccordance with Chapter123 316, Florida Statutes.124 125 (d)Program administration.126 127 (1) The Police Department, in cooperation with any necessary City staff and128 any approved vendor and its employees and agents, shall be enabled and129 empowered by this section to assist with the City’s school zone speed130 enforcement program. This section shall further enable the City to enter into131 agreements with one or more vendors toplaceorinstall speed detection systems132 and carry out services consistent with the implementation and enforcement of133 the provisions of Chapter 2023-174,Laws of Florida,subject to any other134 441 4 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@A40B0547\@BCL@A40B0547.Docx applicable state or local legal requirements or this section.135 136 (2) The City may utilize its Special Magistrates as appointed pursuant to137 Section 14.5 as its local hearing officer, who shall have jurisdiction toconduct138 proceedings challenging the issuance of a notice of violation.139 140 (3) The Police Department shall provide a designated civilian employee(s) who141 shall serve as Clerk for the hearings before a local hearing officer.142 143 (e)Program implementation requirements.144 145 (1)Vendor Contract.City Commission shall approve any contract for146 placement or installation of a speed detection system in a school zone in147 accordancewithsection 316.0776, Florida Statutes.148 149 (2)Installation and Operation of Speed Detection Systems.Pursuant to sections150 316.008 and 316.0776, Florida Statutes, speed detection systems may be151 installedand operated only in the school zones designated by this Ordinance152 and/or subsequent amendments thereto.153 154 (3)Signage Requirements. The installation and operation of speed detection155 systems, including required signage, shall be in accordance with Chapter 316,156 Florida Statutes, all applicable regulations of the Florida Department of157 Transportation and the Florida Department of Highway Safety and Motor158 Vehicles,and the terms of any Memorandum of Understanding or other written159 agreement that may be entered into between the Police Department and/orthe160 City and its vendor(s).161 162 (4)Public Awareness.Pursuant to section 316.0776, Florida Statutes, before163 noticesof violation for school zone speed infractions may be issued, a public164 announcement and 30-day public awareness campaign of the initial proposed165 use of speed detection systems must be conducted. During the 30-day public166 awareness campaign, only a warning may be issued to the registered owner for167 a school speed zone infraction, and a fine shall not be imposed.168 169 (f)Designation of school zones.Having considered evidence at a public hearing170 supporting the installation and operation of speed detection systems on certain171 roadwaysmaintained as school zones within the jurisdiction of the City, the school172 zones on the roadways surrounding the following schools constitute a heightened173 safety risk that warrants additional enforcement measures by the installation or174 placement of speed detection systems pursuant to section 316.008, Florida Statutes.175 Additional speed detection systems may be approved by amendment to this176 subsection in accordance with applicable law.177 178 (1)500 Block of Miner Rd. (Rolling Green Elementary)179 442 5 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@A40B0547\@BCL@A40B0547.Docx (2)2700-2800 Block of N. Seacrest Blvd. (Rolling Green Elementary)180 (3)1100-1200 Block of N. Seacrest Blvd. (Poinciana Elementary)181 (4)1000 Block of S. Seacrest Blvd. (Forest Park Elementary)182 (5)900-1400 Block of S.W. 3rd St. (Forest Park Elementary)183 (6)2700-2900 Block of S. Congress Ave. (Crosspointe Elementary)184 (7)8400 Block of Lawrence Rd. (Citrus Cove Elementary)185 (8)3400 Hypoluxo Rd. (Freedom Shores Elementary)186 (9)3333 High Ridge Rd. (Imagine Chancellor Charter School)187 188 (g)Enforcement Procedures.189 190 (1)General Powers.The Police Department shall be authorized to enforce the191 applicable speed limit on a roadway properly maintained as a school zone192 pursuant to Chapter 2023-174,Laws of Florida,for violations of sections193 316.183 and 316.1895, Florida Statutes, through the use of a speed detection194 systems for the detection of speed and capturing of photographs or videos195 forviolations in excess of 10 miles per hour over the speed limit in force at the196 timeof the violation.The Police Department’s Chief of Police or designee is197 responsible for establishing the business rules of procedure between the vendor198 and the City necessary for implementing this section.199 200 (2)Review of Speed Detection System Information.Information captured by201 the speed detection system shall be reviewed by an authorized employee or agent202 of the City of Boynton Beach.203 204 (3)School Zone Speed Detection System Violations.The applicable speed limit205 ona roadway properly maintained as a school zone may be enforced through the206 capturing of a violation by a speed detection system as follows:207 208 (i)For a violation of section 316.1895, Florida Statutes, in excess of 10209 miles per hour over the school zone speed limit which occurs within 30210 minutes before through 30 minutes after the start of a regularly scheduled211 breakfast program.212 213 (ii) For a violation of section 316.1895, Florida Statutes, in excess of 10214 miles per hour over the school zone speed limit which occurs within 30215 minutes before through 30 minutes after the start of a regularly scheduled216 school session.217 218 (iii) For a violation of section 316.183, Florida Statutes, in excess of 10219 miles per hour over the posted speed limit during the entirety of a220 443 6 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@A40B0547\@BCL@A40B0547.Docx regularly scheduled school session.221 222 (iv) For a violation of section 316.1895, Florida Statutes, in excess of 10223 miles per hour over the school zone speed limit which occurs within 30224 minutes before through 30 minutes after the end of a regularly scheduled225 school session.226 227 (4)Notice of Violation.A notice of violation must be sent to the registered owner228 of the motor vehicle involved in the violation as provided under section229 316.1896, Florida Statutes.230 231 (5)Hearing Procedures and Appeals. Hearings to contest notices of violations232 shall be held in accordance with the requirements of Chapter 2023-174, Laws233 of Florida, and sections 316.0083(5) and 316.1896, Florida Statutes. An234 aggrieved party may appeal a final administrative order of the local hearing235 officer inaccordance with section 316.1896, Florida Statutes.236 237 (6)Defenses,Penalties, and Costs.The enforcement of school zone speed238 infractions, including the issuance of notices of violation and uniform traffic239 citations, the processing of affidavits to assert an exception to liability, and the240 assessment of fines and costs must comply with section 316.1896, Florida241 Statutes. In accordance with section 316.1896(14)(e), Florida Statutes, the local242 hearing officer must assess the statutory authorized penalty if the petitioner is243 found in violation and may also require the petitioner to pay municipal costs not244 to exceed $250 per violation. A registered owner who receives a notice of245 violation may, within 30 days:246 247 (i)Pay the fine of $100.00, as fixed by section 318.18(3)(d), Florida248 Statutes, as it may be amended;249 250 (ii) Submit an affidavit establishing an exception to liability pursuant to251 section 316.1896(8), Florida Statutes, as it may be amended; or252 253 (iii) Request a hearing.254 255 (7)Issuance of a uniform traffic citation. A law enforcement officer or256 traffic infraction enforcement officer shall be authorized, pursuant to section257 316.1896, Florida Statutes, to issue a uniform traffic citation for258 violations ofsections 316.1895 or 316.183 as authorized by section259 316.008(9), Florida Statutes. If the registered owner of a vehicle does not260 timely pay the fine reflected on the notice of violation, submit a sufficient261 affidavit, or request a hearing, a uniform traffic citation must be issued by a262 law enforcement officer or a traffic infraction enforcement officer to the263 registered owner and transmitted to the Palm Beach County Clerk of the264 Court fordisposition by the county court.265 444 7 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@A40B0547\@BCL@A40B0547.Docx 266 (h)Collection of evidence, public records, and retention requirements.In267 accordance with section 316.1896, Florida Statutes, a speed detection system in a268 school zonemay not be used for remote surveillance. The collection of evidence269 by a speed detection system to enforce school zone speed infractions or user-270 controlled pan or tilt adjustments of speed detection components, do not constitute 271 remote surveillance. Recorded video or photographs collected as part of a speed272 detection system in aschool zone may only be used to document school zone speed273 infractionsand for purposes of determiningcriminal or civil liabilityfor incidents274 captured by the speed detection system incidental to the permissible use of275 the speeddetection system. Any recorded video or photograph obtained via a speed276 detection system must be destroyed within 90 days after the final disposition of the277 recorded event, pursuant to section 316.1896, Florida Statutes. Written notice278 that suchrecords have been destroyed must be provided by December 31st of each279 year. All public records related to the administration of this section must be280 maintained in accordance with Florida law, and all requests for such records must281 be addressed in accordance with Chapter 119, Florida Statutes, and any other282 applicable state law.283 284 (i)Annual reporting requirements. The City, with the assistance of the Police285 Department and/or the vendor, will annually report on the City’s school zone speed286 enforcement program to the public and to the Florida Department of Highway287 Safety and Motor Vehicles in accordance with sections 316.0776 and316.1896,288 Florida Statutes, as may be amended. Pursuant to section 316.0776(3)(c), Florida 289 Statutes, the compliance or sufficiency of compliance with this subsection may290 not be raised in a proceeding challenging a notice of violation for a school zone291 speed infraction.292 293 (j)Remittance of collected fines and costs. All fines and costs collected 294 pursuant to this section must be remitted in accordance with sections 316.1896295 and 318.18, Florida Statutes, and any other applicable state law.296 297 (k)Resolution of conflictof laws. In all instances where Florida law, as evidenced 298 by the Florida Administrative Code, Florida Statutes, applicable case law,or299 otherwise, mandates standards or requirements that are stricter than the provisions300 of this section or where a matter is addressed by Florida law that is not addressed301 by this section,then said law shall govern.In situations where this section 302 addresses a matter in a manner that is stricter than that of Florida law, the303 provisions of this section shall control.304 305 SECTION 4.Each and every other provision of this chapter, not herein specifically 306 amended, shall remain in full force and effect as previously enacted.307 445 8 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@A40B0547\@BCL@A40B0547.Docx SECTION 5.All ordinances or parts of ordinances in conflict herewith be, and the same are 308 hereby repealed.309 SECTION 6.Should any section or provision of this ordinance or portion hereof, any 310 paragraph, sentence, or word be declared by a court of competent jurisdiction to be 311 invalid, such decision shall not affect the remainder of this ordinance.312 SECTION 7.Authority is hereby granted to codify said ordinance.313 SECTION 8.This Ordinance shall become effective immediately.314 315 446 9 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@A40B0547\@BCL@A40B0547.Docx FIRST READING this _____ day of __________________, 2024.316 SECOND, FINAL READING AND PASSAGE this _______ day of 317 _________________, 2024.318 319 CITY OF BOYNTON BEACH, FLORIDA320 YES NO321 Mayor – Ty Penserga _____ _____322 323 Vice Mayor – Aimee Kelley _____ _____324 325 Commissioner – Angela Cruz _____ _____326 327 Commissioner – Woodrow L. Hay _____ _____328 329 Commissioner – Thomas Turkin _____ _____330 331 VOTE ______332 ATTEST:333 334 335 _____________________________336 Maylee DeJesús, MMC Ty Penserga337 City Clerk Mayor338 339 APPROVED AS TO FORM:340 (Corporate Seal)341 342 343 Shawna G. Lamb344 City Attorney345 346 447 Total Crashes per School Zone 2021 2021 Inj 2022 2022 Inj 2023 2023 Inj Freedom Shores 23 7 21 3 10 4 Citrus Cove 4 0 4 0 7 0 Crosspointe 5 2 5 0 5 0 Imagine Chancellor 0 0 0 0 1 0 Poinciana 3 2 2 0 3 0 Rolling Green (Miner Rd)4 0 2 1 2 1 Rolling Green (Seacrest)3 0 6 2 5 0 Forest Park (SW 3rd St)1 0 0 0 0 0 Forest Park (Seacrest)4 1 1 1 1 0 Totals 47 12 59 7 34 5 Crashes During School Hours 2021 2021 Inj 2022 2022 Inj 2023 2023 Inj Freedom Shores 12 3 6 3 4 2 Citrus Cove 3 0 3 0 5 0 Crosspointe 2 2 4 0 5 0 Imagine Chancellor 0 0 0 0 0 0 Poinciana 0 0 2 0 1 0 Rolling Green (Miner Rd)1 0 1 1 1 0 Rolling Green (Seacrest)2 0 2 0 2 0 Forest Park (SW 3rd St)1 0 0 0 0 0 Forest Park (Seacrest)2 0 1 1 0 0 Totals 23 5 28 5 18 2 448 449 This report was completed given the speed and time limit parameters of: Regular Speed Limit: 45 MPH School Zone Speed Limit: 20 MPH Dates of Study: Friday 10/6/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Monday 10/9/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Tuesday 10/10/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Wednesday 10/11/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Thursday 10/12/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Date Vehicle Count Speeders % Speeding Vehicle Count Speeders % Speeding Vehicle Count Speeders % Speeding 10/6/2023 453 10 2.2% 3,187 34 1.1% 508 20 3.9% 10/9/2023 350 17 4.9% 2,999 35 1.2% 527 33 6.3% 10/10/2023 479 13 2.7% 3,038 36 1.2% 514 26 5.1% 10/11/2023 568 22 3.9% 3,012 21 0.7% 520 51 9.8% 10/12/2023 520 23 4.4% 3,068 31 1.0% 511 31 6.1% Totals: 2,370 85 3.6% 15,304 157 1.0% 2,580 161 6.2% 5 Day Total Vehicle Count: 5 Day Total Speeding Violations Recorded: 20,254 403 Note: Speeding is defined as any recorded speed more than 10MPH over the designated speed limit. The following report only reflects dates and times listed in the dates above. During the specified dates and time periods, the traffic counts were as follows: Blue Line Solutions, LLC (BLS) conducted speed studies at Citrus Cove Elementary School on Lawrence Road at Citrus Park Blvd. during the periods and times listed below. Citrus Cove Elementary School Boynton Beach, FL : Lawrence Road at Citrus Park Blvd. Times: (7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) (7:10 AM - 8:05 AM) (8:05 AM - 1:40 PM) (1:40 PM - 2:55 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org 450 Citrus Cove Elementary School Boynton Beach, FL : Lawrence Road at Citrus Park Blvd. Times: (7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org The following graph depicts the speed range breakdown of violators. The below graph indicates the number of vehicles speeding through the zone at 11 MPH+ during the times of (7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM). - 10 20 30 40 50 60 10/6/2023 10/9/2023 10/10/2023 10/11/2023 10/12/2023 (7:10 AM - 8:05 AM)10 17 13 22 23 (8:05 AM - 1:40 PM)34 35 36 21 31 (1:40 PM - 2:55 PM)20 33 26 51 31 10 17 13 22 23 34 35 36 21 31 20 33 26 51 31 # of Speeding Vehicles# Vehicles Speeding Through School Zone 235 129 39 Violators by Speed Range 11-14MPH 15-20MPH 21+MPH 451 Citrus Cove Elementary School Boynton Beach, FL : Lawrence Road at Citrus Park Blvd. Times: (7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org *All data recorded with Houston Radar Armadillo Tracker may differ from future results due to public education and information efforts, deployment of radar speed signs upon entrance to the speed zone, and use *IMPORTANT NOTE* This report is based off the raw data of time and speeds captured from: 10/6/2023 - 10/12/2023. Data indicates a percentage range of 1.54% - 2.29% of vehicles traveling through the zone during the hours of (7:10 AM - 2:55 PM) were speeding in excess of 11 MPH+ throughout the week. The total traffic count during the hours (7:10 AM - 2:55 PM) was 20,254. Of those, 403 (1.99%) were speeding at 11 MPH+ above the speed limit. - 5,000 10,000 15,000 20,000 25,000 Traffic Cnt # Spdng 20,254 403 Traffic Count vs. Speeders 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 10/6/2023 10/9/2023 10/10/2023 10/11/2023 10/12/2023 1.54% 2.19% 1.86% 2.29%2.07% % Speeding of Total Traffic Count By Day 452 Citrus Cove Elementary School Boynton Beach, FL : Lawrence Road at Citrus Park Blvd. Times: (7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org education and information efforts, deployment of radar speed signs upon entrance to the speed zone, and use of L.I.D.A.R ( Light Detection and Ranging) Laser enforcement systems. 453 This report was completed given the speed and time limit parameters of: Regular Speed Limit: 45 MPH School Zone Speed Limit: 20 MPH Dates of Study: Friday 10/6/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Monday 10/9/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Tuesday 10/10/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Wednesday 10/11/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Thursday 10/12/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Date Vehicle Count Speeders % Speeding Vehicle Count Speeders % Speeding Vehicle Count Speeders % Speeding 10/6/2023 572 125 21.9% 5,929 250 4.2% 778 319 41.0% 10/9/2023 653 149 22.8% 5,553 217 3.9% 763 366 48.0% 10/10/2023 465 68 14.6% 7,490 246 3.3% 766 326 42.6% 10/11/2023 545 106 19.4% 6,207 158 2.5% 761 267 35.1% 10/12/2023 637 100 15.7% 6,348 209 3.3% 872 368 42.2% Totals: 2,872 548 19.1% 31,527 1,080 3.4% 3,940 1,646 41.8% 5 Day Total Vehicle Count: 5 Day Total Speeding Violations Recorded: 38,339 3,274 Note: Speeding is defined as any recorded speed more than 10MPH over the designated speed limit. The following report only reflects dates and times listed in the dates above. During the specified dates and time periods, the traffic counts were as follows: Blue Line Solutions, LLC (BLS) conducted speed studies at Crosspointe Elementary School on Congress Ave. at W. 30th Ave. during the periods and times listed below. Crosspointe Elementary School Boynton Beach, FL : Congress Ave. at W. 30th Ave. Times: (7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) (7:10 AM - 8:05 AM) (8:05 AM - 1:40 PM) (1:40 PM - 2:55 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org 454 Crosspointe Elementary School Boynton Beach, FL : Congress Ave. at W. 30th Ave. Times: (7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org The following graph depicts the speed range breakdown of violators. The below graph indicates the number of vehicles speeding through the zone at 11 MPH+ during the times of (7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM). - 50 100 150 200 250 300 350 400 10/6/2023 10/9/2023 10/10/2023 10/11/2023 10/12/2023 (7:10 AM - 8:05 AM)125 149 68 106 100 (8:05 AM - 1:40 PM)250 217 246 158 209 (1:40 PM - 2:55 PM)319 366 326 267 368 125 149 68 106 100 250 217 246 158 209 319 366 326 267 368 # of Speeding Vehicles# Vehicles Speeding Through School Zone 1653 1071 550 Violators by Speed Range 11-14MPH 15-20MPH 21+MPH 455 Crosspointe Elementary School Boynton Beach, FL : Congress Ave. at W. 30th Ave. Times: (7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org *All data recorded with Houston Radar Armadillo Tracker may differ from future results due to public education and information efforts, deployment of radar speed signs upon entrance to the speed zone, and use *IMPORTANT NOTE* This report is based off the raw data of time and speeds captured from: 10/6/2023 - 10/12/2023. Data indicates a percentage range of 7.07% - 10.5% of vehicles traveling through the zone during the hours of (7:10 AM - 2:55 PM) were speeding in excess of 11 MPH+ throughout the week. The total traffic count during the hours (7:10 AM - 2:55 PM) was 38,339. Of those, 3,274 (8.54%) were speeding at 11 MPH+ above the speed limit. - 10,000 20,000 30,000 40,000 Traffic Cnt # Spdng 38,339 3,274 Traffic Count vs. Speeders 0.00% 2.00% 4.00% 6.00% 8.00% 10.00% 12.00% 10/6/2023 10/9/2023 10/10/2023 10/11/2023 10/12/2023 9.53%10.50% 7.34%7.07% 8.62% % Speeding of Total Traffic Count By Day 456 Crosspointe Elementary School Boynton Beach, FL : Congress Ave. at W. 30th Ave. Times: (7:10 AM - 8:05 AM), (8:05 AM - 1:40 PM), (1:40 PM - 2:55 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org education and information efforts, deployment of radar speed signs upon entrance to the speed zone, and use of L.I.D.A.R ( Light Detection and Ranging) Laser enforcement systems. 457 This report was completed given the speed and time limit parameters of: Regular Speed Limit: 45 MPH School Zone Speed Limit: 20 MPH Dates of Study: Friday 10/6/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:55 PM), (1:55 PM - 2:50 PM) Monday 10/9/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:55 PM), (1:55 PM - 2:50 PM) Tuesday 10/10/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:55 PM), (1:55 PM - 2:50 PM) Wednesday 10/11/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:55 PM), (1:55 PM - 2:50 PM) Thursday 10/12/2023 :(7:10 AM - 8:05 AM), (8:05 AM - 1:55 PM), (1:55 PM - 2:50 PM) Date Vehicle Count Speeders % Speeding Vehicle Count Speeders % Speeding Vehicle Count Speeders % Speeding 10/6/2023 739 74 10.0% 13,216 550 4.2% 1,004 188 18.7% 10/9/2023 826 69 8.4% 11,687 640 5.5% 1,024 150 14.6% 10/10/2023 696 57 8.2% 11,921 542 4.5% 981 193 19.7% 10/11/2023 722 68 9.4% 11,407 520 4.6% 1,033 196 19.0% 10/12/2023 735 50 6.8% 12,199 509 4.2% 987 165 16.7% Totals: 3,718 318 8.6% 60,430 2,761 4.6% 5,029 892 17.7% 5 Day Total Vehicle Count: 5 Day Total Speeding Violations Recorded: 69,177 3,971 Note: Speeding is defined as any recorded speed more than 10MPH over the designated speed limit. The following report only reflects dates and times listed in the dates above. During the specified dates and time periods, the traffic counts were as follows: Blue Line Solutions, LLC (BLS) conducted speed studies at Freedom Shores Elementary School on Hypoluxo Road at Venetian Dr. during the periods and times listed below. Freedom Shores Elementary School Boynton Beach, FL : Hypoluxo Road at Venetian Dr. Times: (7:10 AM - 8:05 AM), (8:05 AM - 1:55 PM), (1:55 PM - 2:50 PM) (7:10 AM - 8:05 AM) (8:05 AM - 1:55 PM) (1:55 PM - 2:50 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org 458 Freedom Shores Elementary School Boynton Beach, FL : Hypoluxo Road at Venetian Dr. Times: (7:10 AM - 8:05 AM), (8:05 AM - 1:55 PM), (1:55 PM - 2:50 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org The following graph depicts the speed range breakdown of violators. The below graph indicates the number of vehicles speeding through the zone at 11 MPH+ during the times of (7:10 AM - 8:05 AM), (8:05 AM - 1:55 PM), (1:55 PM - 2:50 PM). - 100 200 300 400 500 600 700 10/6/2023 10/9/2023 10/10/2023 10/11/2023 10/12/2023 (7:10 AM - 8:05 AM)74 69 57 68 50 (8:05 AM - 1:55 PM)550 640 542 520 509 (1:55 PM - 2:50 PM)188 150 193 196 165 74 69 57 68 50 550 640 542 520 509 188 150 193 196 165 # of Speeding Vehicles# Vehicles Speeding Through School Zone 2593 1031 347 Violators by Speed Range 11-14MPH 15-20MPH 21+MPH 459 Freedom Shores Elementary School Boynton Beach, FL : Hypoluxo Road at Venetian Dr. Times: (7:10 AM - 8:05 AM), (8:05 AM - 1:55 PM), (1:55 PM - 2:50 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org *All data recorded with Houston Radar Armadillo Tracker may differ from future results due to public education and information efforts, deployment of radar speed signs upon entrance to the speed zone, and use *IMPORTANT NOTE* This report is based off the raw data of time and speeds captured from: 10/6/2023 - 10/12/2023. Data indicates a percentage range of 5.2% - 6.35% of vehicles traveling through the zone during the hours of (7:10 AM - 2:50 PM) were speeding in excess of 11 MPH+ throughout the week. The total traffic count during the hours (7:10 AM - 2:50 PM) was 69,177. Of those, 3,971 (5.74%) were speeding at 11 MPH+ above the speed limit. - 20,000 40,000 60,000 80,000 Traffic Cnt # Spdng 69,177 3,971 Traffic Count vs. Speeders 0.00% 2.00% 4.00% 6.00% 8.00% 10/6/2023 10/9/2023 10/10/2023 10/11/2023 10/12/2023 5.43% 6.35%5.82%5.96%5.20% % Speeding of Total Traffic Count By Day 460 Freedom Shores Elementary School Boynton Beach, FL : Hypoluxo Road at Venetian Dr. Times: (7:10 AM - 8:05 AM), (8:05 AM - 1:55 PM), (1:55 PM - 2:50 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org education and information efforts, deployment of radar speed signs upon entrance to the speed zone, and use of L.I.D.A.R ( Light Detection and Ranging) Laser enforcement systems. 461 This report was completed given the speed and time limit parameters of: Regular Speed Limit: 30 MPH School Zone Speed Limit: 20 MPH Dates of Study: Friday 10/6/2023 :(7:20 AM - 8:10 AM), (8:10 AM - 2:15 PM), (2:15 PM - 3:05 PM) Monday 10/9/2023 :(7:20 AM - 8:10 AM), (8:10 AM - 2:15 PM), (2:15 PM - 3:05 PM) Tuesday 10/10/2023 :(7:20 AM - 8:10 AM), (8:10 AM - 2:15 PM), (2:15 PM - 3:05 PM) Wednesday 10/11/2023 :(7:20 AM - 8:10 AM), (8:10 AM - 2:15 PM), (2:15 PM - 3:05 PM) Thursday 10/12/2023 :(7:20 AM - 8:10 AM), (8:10 AM - 2:15 PM), (2:15 PM - 3:05 PM) Date Vehicle Count Speeders % Speeding Vehicle Count Speeders % Speeding Vehicle Count Speeders % Speeding 10/6/2023 154 88 57.1% 1,243 74 6.0% 280 143 51.1% 10/9/2023 175 87 49.7% 1,333 58 4.4% 250 114 45.6% 10/10/2023 178 109 61.2% 1,307 63 4.8% 284 117 41.2% 10/11/2023 203 121 59.6% 1,313 77 5.9% 309 152 49.2% 10/12/2023 173 87 50.3% 1,312 60 4.6% 295 136 46.1% Totals: 883 492 55.7% 6,508 332 5.1% 1,418 662 46.7% 5 Day Total Vehicle Count: 5 Day Total Speeding Violations Recorded: 8,809 1,486 Note: Speeding is defined as any recorded speed more than 10MPH over the designated speed limit. The following report only reflects dates and times listed in the dates above. During the specified dates and time periods, the traffic counts were as follows: Blue Line Solutions, LLC (BLS) conducted speed studies at Rolling Green Elementary School on Minor Road at Summit Road during the periods and times listed below. Rolling Green Elementary School Boynton Beach, FL : Minor Road at Summit Road Times: (7:20 AM - 8:10 AM), (8:10 AM - 2:15 PM), (2:15 PM - 3:05 PM) (7:20 AM - 8:10 AM) (8:10 AM - 2:15 PM) (2:15 PM - 3:05 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org 462 Rolling Green Elementary School Boynton Beach, FL : Minor Road at Summit Road Times: (7:20 AM - 8:10 AM), (8:10 AM - 2:15 PM), (2:15 PM - 3:05 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org The following graph depicts the speed range breakdown of violators. The below graph indicates the number of vehicles speeding through the zone at 11 MPH+ during the times of (7:20 AM - 8:10 AM), (8:10 AM - 2:15 PM), (2:15 PM - 3:05 PM). - 20 40 60 80 100 120 140 160 10/6/2023 10/9/2023 10/10/2023 10/11/2023 10/12/2023 (7:20 AM - 8:10 AM)88 87 109 121 87 (8:10 AM - 2:15 PM)74 58 63 77 60 (2:15 PM - 3:05 PM)143 114 117 152 136 88 87 109 121 87 74 58 63 77 60 143 114 117 152 136 # of Speeding Vehicles# Vehicles Speeding Through School Zone 851 534 101 Violators by Speed Range 11-14MPH 15-20MPH 21+MPH 463 Rolling Green Elementary School Boynton Beach, FL : Minor Road at Summit Road Times: (7:20 AM - 8:10 AM), (8:10 AM - 2:15 PM), (2:15 PM - 3:05 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org *All data recorded with Houston Radar Armadillo Tracker may differ from future results due to public education and information efforts, deployment of radar speed signs upon entrance to the speed zone, and use *IMPORTANT NOTE* This report is based off the raw data of time and speeds captured from: 10/6/2023 - 10/12/2023. Data indicates a percentage range of 14.73% - 19.18% of vehicles traveling through the zone during the hours of (7:20 AM - 3:05 PM) were speeding in excess of 11 MPH+ throughout the week. The total traffic count during the hours (7:20 AM - 3:05 PM) was 8,809. Of those, 1,486 (16.87%) were speeding at 11 MPH+ above the speed limit. - 2,000 4,000 6,000 8,000 10,000 Traffic Cnt # Spdng 8,809 1,486 Traffic Count vs. Speeders 0.00% 5.00% 10.00% 15.00% 20.00% 10/6/2023 10/9/2023 10/10/2023 10/11/2023 10/12/2023 18.19% 14.73%16.34% 19.18% 15.90% % Speeding of Total Traffic Count By Day 464 Rolling Green Elementary School Boynton Beach, FL : Minor Road at Summit Road Times: (7:20 AM - 8:10 AM), (8:10 AM - 2:15 PM), (2:15 PM - 3:05 PM) Blue Line Solutions, LLC 3903 Volunteer Dr. - Suite 400, Chattanooga, TN 37416 Tel: (855) 252-0086 Fax: (423) 803-1500 www.bluelinesolutions.org education and information efforts, deployment of radar speed signs upon entrance to the speed zone, and use of L.I.D.A.R ( Light Detection and Ranging) Laser enforcement systems. 465 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; 1 See Section 166.041(4)(c), Florida Statutes. An Ordinance of the City of Boynton Beach, Florida, amending Part II, Chapter 14, by creating Section 14.6 of the Code of Ordinances declaring purpose and intent, authorizing placement and installation of a school zone speed detection system, providing for implementation of general law by the City Manager and designation of local hearing officer; making findings regarding relevant traffic data and evidence warranting additional enforcement procedures and designating school zone speed detection system locations, which constitute a heightened safety risk; providing for conflicts, severability, codification, and an effective date. 466 Page 2 of 3 c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Chapter 2023-174, Laws of Florida, which became effective July 1, 2023, amended Chapter 316, Florida Statutes, in regards to enforcement of school zone speed limits, and authorized municipalities to enforce the speed limit in a school zone at specified periods through the use of a speed detection system. Following a study, the below schools constitute a heightened safety risk that warrants additional enforcement measures by the installation or placement of speed detection systems. 500 Block of Miner Rd. (Rolling Green Elementary) 2700-2800 Block of N. Seacrest Blvd. (Rolling Green Elementary) 1100-1200 Block of N. Seacrest Blvd. (Poinciana Elementary) 1000 Block of S. Seacrest Blvd. (Forest Park Elementary) 900-1400 Block of S.W. 3rd St. (Forest Park Elementary) 2700-2900 Block of S. Congress Ave. (Crosspointe Elementary) 8400 Block of Lawrence Rd. (Citrus Cove Elementary) 3400 Hypoluxo Rd. (Freedom Shores Elementary) 3333 High Ridge Rd. (Imagine Chancellor Charter School) 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: None. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: None (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None 467 Page 3 of 3 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None 4. Additional information the governing body deems useful (if any): 468 City of Boynton Beach Agenda Item Request Form 13.G Future Agenda Items 04/16/2024 Meeting Date: 04/16/2024 Proposed Resolution No. R24-056- Adoption of the 2023-2028 Strategic Plan for the City of Boynton Beach. Requested Action: Staff recommends approval of Proposed Resolution No. R24-056. Explanation of Request: The City retained Lyle Sumek Associates, Inc., to create the City's 2023-2028 Strategic Plan. On May 13, 2023 and October 30, 2023, the City Commission held public workshops regarding the Strategic Plan to ensure that allocation of City resources aligns with the needs of the community, the policies of the City Commission, and the initiatives and projects City staff is working on. How will this affect city programs or services? The Strategic Plan serves as "guard rails" to ensure that City resources are utilized in alignment with the policies and priorities outlined in the plan. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: R24-056 Agenda_Item_1203-2023_Resolution_for_Strategic_Plan_Adoption.docx Overview Presentation.pptx Strategic Plan- Exhibit "A".pptx 469 RESOLUTION NO. R24-0561 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 2 FLORIDA, ADOPTING THE 2023-2028 STRATEGIC PLAN 3 FOR THE CITY OF BOYNTON BEACH; AND PROVIDING AN 4 EFFECTIVE DATE; AND FOR OTHER PURPOSES.5 6 WHEREAS,the City retained Lyle Sumek Associates, Inc., to create the City's 2023-2028 7 Strategic Plan; and8 WHEREAS, on May 13, 2023, and October 30, 2023, the City Commission held public 9 workshops regarding the Strategic Plan to ensure that the allocation of City resources aligns 10 with the needs of the community, the policies of the City Commission, and the initiatives and 11 projects of City staff; and12 WHEREAS,the Strategic Plan serves to ensure that City resources are utilized in 13 alignment with the policies and priorities outlined in the plan; and14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 15 recommendation of staff, deems it to be in the best interest of the City residents to approve 16 the adoption of the 2023-2028 Strategic Plan for the City of Boynton Beach.17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA, THAT: 19 SECTION 1.Each Whereas clause set forth above is true and correct and 20 incorporated herein by this reference.21 470 SECTION 2.The City Commission of the City of Boynton Beach, Florida, hereby 22 approves the adoption of the 2023-2028 Strategic Plan for the City of Boynton Beach, attached 23 hereto and incorporated herein as “Exhibit A”.24 SECTION 3.This Resolution shall take effect as provided by law.25 PASSED AND ADOPTED this 2nd day of April 2024.26 CITY OF BOYNTON BEACH, FLORIDA27 YES NO28 29 Mayor – Ty Penserga __________30 31 _____________ – Thomas Turkin __________32 33 ______________ – Angela Cruz __________34 35 ______________ – Woodrow L. Hay __________36 37 ______________ – Aimee Kelley __________38 39 VOTE ______40 ATTEST:41 42 ___________________________________________________________43 Maylee De Jesús, MPA, MMC Ty Penserga44 City Clerk Mayor45 46 APPROVED AS TO FORM:47 (Corporate Seal)48 49 _______________________________50 Shawna G. Lamb51 City Attorney52 471 2023-2028Strategic Plan Overview 472 May 13, 2023 – 1 st Public Workshop October 30, 2023 – 2 nd Public Workshop April 2, 2024 – Adoption of Strategic Plan TIMELINE 473 BOYNTON BEACH VISION 2038 Boynton Beach 2038 is a safe and beautiful community with vibrant destinations (Congress District, Downtown/Cultural District and potential other districts), a livable community for all with fun experiences and a strong, diverse local economy. 474 BOYNTON BEACH City Government Mission To act in a financially responsible and sound manner to provide core municipal services, quality of life services and plan and invest in the future through a high performing City team and engaged Boynton Beach community. 475 STRATEGIC PLAN City of BOYNTON BEACH 2023-2028 476 TABLEOFCONTENTS •Strategic Planning Model for City of Boynton Beach •Boynton Beach Vision 2038 •Boynton Beach City Government: Mission •Boynton Beach Plan 2023 – 2028 •Boynton Beach City Action Agenda 2023 – 2024 477 STRATEGIC PLAN MODEL FOR City of Boynton Beach VISION DESTINATION “You Have Arrived” MAP “The Right Route” ITINERARY “The Right Direction” VEHICLE “The Right Bus” FUEL “The Right People” Focus for 1 year – a work plan for Mayor and City Commission, management agenda for staff; major projects Principles that define the responsibility of the City government and frame the primary services – core service businesses Value-based principles that describe the preferred future in 15 years Strategic goals that focus outcome-based objectives and potential action for 5 years Personal values that define performance standards and expectations for employees PLAN EXECUTION MISSION CORE BELIEFS 478 BOYNTON BEACH VISION 2038 479 BOYNTON BEACH 2038 is a SAFE COMMUNITY (1) and BEAUTIFUL COMMUNITY (2) BOYNTON BEACH 2038 has vibrant destinations – CONGRESS DISTRICT (3),DOWNTOWN/CULTURAL DISTRICT(4), and OTHER POTENTIAL DISTRICTS (5). BOYNTON BEACH 2038 is A LIVABLE COMMUNITY FOR ALL (6) with FUN EXPERIENCES FOR ALL – RESIDENTS AND GUESTS (7) and A STRONG AND DIVERSE LOCAL ECONOMY (8) BOYNTON BEACH VISION 2038 480 BOYNTON BEACH VISION 2038 PRINCIPLE 1 SAFE COMMUNITY 1.Safety and security of all residents– in their homes and throughout the City of Boynton Beach 2. Active community policing culture and programs – police knowing and collaborating with the community, and positive working relationship based upon trust with residents and businesses 3. Timely and well-equipped response to all emergency calls for service 4. Community-wide visible police presence throughout the City 5. Top-quality public safety staffing, buildings, equipment and apparatus and training 6. Adequate staffing level to match population and service demands 7. Safe homes, buildings and construction sites complying with City codes and regulations 8. Access to quality mental health services and programs from public awareness to initial response and to follow- through programs 9. Reduced juvenile criminal activity through an effective juvenile justice system and recreational programs focusing on youth including PAL, cadet programs and Explorers 10. Community reputation as “tough” on crime from quick apprehension to prosecution →Means PRINCIPLE 2 BEAUTIFUL COMMUNITY 1.Positive first impression through attractive, well-designed and well-maintained streets, medians, sidewalks, streetscapes and landscaping, both public and private 2. Attractive and well-maintained parks throughout the City 3. Minimal vacant lots and blighted properties, buildings and homes within the CRA district through a successful collaboration with the CRA 4. Well-lit streets, neighborhoods and major highway corridors throughout the City 5. Cleanliness throughout the City, free from litter, trash or garbage 6. Colorful and vibrant planting – trees, flowers and shrubs, including use of native Florida plants 7. Distinctively designed, well-maintained gateways and entrances with unique marquee signs visible on I-95, Federal Highway and other strategic locations 8. HOA’s, property owners and business owners taking responsibility to clean, beautify and maintain landscaping, fencing, sidewalks and any other aspects of property visible to the public →Means 481 PRINCIPLE 3 CONGRESS DISTRICT 1.Variety of arts, culture and entertainment venues and businesses providing experiences creating a destination for residents and outside visitors 2. Educational presence with major university/college/trade schools/offices serving the needs of residents 3. Well-designed, well-maintained greenspace for events, festivals, community gatherings 4. Major community center/park and recreational facility serving the needs of residents on the west side of the City 5. Unique, multi-experience venue with a variety of activities drawing residents and outside visitors 6. Easy movement to and within the Congress District through effective traffic management system, and alternative mobility modes 7. Variety of housing options for young adults and seniors including town homes, condos, apartments and single- family homes 8. Vertical, mixed-use developments with retail/restaurants/offices and residential opportunities along corridors →Means PRINCIPLE 4 DOWNTOWN/CULTURAL DISTRICT 1.Wide, walkable and pedestrian friendly sidewalks 2. Bars and entertainment businesses providing variety of day- time and evening experiences 3. Convenient and easy access and parking 4. Effective City infrastructure to protect the Downtown District from flooding and to minimize the impacts of King Tides 5. Major full-service hotel with amenities 6. Nationally recognized arts destination with the Arts & Cultural Center as the focal point and kinetic art along the Ocean Avenue corridor 7. Expanded commercial development along the waterfront 8. Mangroves protected with expanded public access and recreational opportunities →Means 482 PRINCIPLE 5 OTHER POTENTIAL DISTRICTS 1.Medical District 2. Marina District PRINCIPLE 6 LIVABLE COMMUNITY FOR ALL 1.Well-maintained neighborhood infrastructure – streets, water, sewer and sidewalks 2. Choice of quality and affordable housing for families and individuals including senior housing and affordable housing options 3. Easy mobility throughout Boynton Beach with residents using a variety of modes of transportation 4. Residents taking pride and ownership in the Boynton Beach community and their neighborhoods 5. “A” rated public schools – a reason for living in Boynton Beach 6. City and sponsored community events and festivals that bring the diverse community together 7. Traffic calming throughout neighborhoods to reduce speeding 8. Neighborhood sustainability programs and activities for existing neighborhoods and new developments 9. Residents actively involved and participating in City and neighborhood governance processes →Means →Means 483 PRINCIPLE 7 FUN EXPERIENCES FOR ALL – RESIDENTS AND GUESTS 1.Access to beach with amenities 2. Active fishing community with tournaments and recreational experiences 3. Diverse, expanded and active recreational programs and activities for all generations that are responsive to the community’s needs 4. Access to the natural and open space areas for the enjoyment of residents 5. Well-designed, well-maintained and upgraded diverse parks and playgrounds with a variety of venues/amenities 6. Specialty parks and park venues – skate park, dog park, splash pad, pickle ball, etc. 7. Top-quality, well-maintained municipal golf course with new clubhouse and practice facility 8. Top-quality, well-maintained Tennis Center 9. Variety of community events and festivals attracting residents and regional guests PRINCIPLE 8 STRONG AND DIVERSE LOCAL ECONOMY 1.Higher median income for residents through expanded business and opportunities 2. Home to a major corporation regional offices/headquarters 3. High-quality, locally owned and national restaurants and entertainment-based businesses 3. Variety of quality major hotels with amenities 4. University and college presence and top-quality programs 5. Trade school with career-oriented programs and opportunities for residents 6. Culture of supporting entrepreneurial spirit and business development 7. Sports tourism destination for local and regional tournaments 8. Modern office space options for businesses, including co-work space, Class “A” and new, modern office suites →Means →Means 484 BOYNTON BEACH CITY GOVERNMENT OUR MISSION 485 BOYNTON BEACH CITY GOVERNMENT MISSION THE MISSION OF BOYNTON BEACH CITY GOVERNMENT is to act in a FINANCIALLY RESPONSIBLE AND SOUND MANNER (1) to provide CORE MUNICIPAL SERVICES (2), QUALITY OF LIFE SERVICES (3) and PLAN AND INVEST IN THE FUTURE (4) through a HIGH PERFORMING CITY TEAM (5) and ENGAGED BOYNTON BEACH COMMUNITY (6). 486 PRINCIPLE 1 FINANCIALLY RESPONSIBLE AND SOUND 1.Deliver City services in the most cost-effective and efficient manner 2. Have stable revenue streams to fund City government through diverse revenue sources 3. Have clean financial audits 4. Have adequate resources to support defined City services and levels of service 5. Evaluate and improve City services responsive to changing community and resident needs 6. Develop new and innovative programs to reduce costs 7. Have fund balance and reserves consistent with national standards and Boynton Beach City policies 8. Leverage City resources through community partnerships, grants, and outside funding sources 9. Maintain appropriate cash reserves consistent with defined City policies PRINCIPLE 2 CORE MUNICIPAL SERVICES (Public Safety, Utilities, Sanitation, Streets) 1.Provide essential municipal services responsive to the City’s values and needs 2. Hire, develop, and retain a top-quality and diverse City workforce 3. Make City services easy and convenient for residents 4. Continuously evaluate and improve City policies, systems, and processes 5. Use appropriate information technology to better serve the City, including high-quality online City service delivery 6. Know “best practices” and apply them to Boynton Beach City Government service delivery and process improvements 7. Develop a reputation and receive awards for City organization and service “excellence” 8. Provide fair, equitable, and consistent City services, processes, and enforcement 9. Have accredited departments that meet and exceed national standards →Means →Means BOYNTON BEACH CITY GOVERNMENT MISSION 487 PRINCIPLE 3 QUALITY OF LIFE SERVICES (Arts, Culture, Library, Parks, Recreation, Events) 1.Provide essential municipal services responsive to the City’s values and needs 2. Hire, develop and retain a top-quality and diverse City workforce 3. Make City services easy and convenient for residents 4. Continuously evaluate and improve City policies, systems and processes 5. Use appropriate information technology to better serve the City, including online City service delivery 6. Know “best practices” and apply to Boynton Beach City Government service delivery and process improvements 7. Develop a reputation and receive awards for City organization and service “excellence” 8. Provide fair, equitable and consistent City services, processes and enforcement 9. Have accredited departments that meet and exceed national standards PRINCIPLE 4 PLAN AND INVEST IN THE FUTURE 1.Develop and update the Comprehensive Plan and master plans to guide future development and redevelopment 2. Have and maintain a City reputation as business-friendly and resident-friendly regulations and processes 3. Monitor, plan, and respond to changes in climate 4. Develop, update, and fund an ongoing Capital Improvement Program/Community Investment Plan, including upgrading City streets and infrastructure 5. Expand Boynton Beach's local diverse economy through effective economic development and community redevelopment 6. Anticipate issues, trends, challenges and opportunities 7. Have the City Commission and Planning & Zoning aligned with Boynton Beach’s future direction – Vision, Mission, Goals and Plans 8. Design future redevelopment and development projects to incorporate environmentally sustainable concepts 9. Expand City boundaries through fiscally responsible annexations →Means →Means 488 PRINCIPLE 5 HIGH PERFORMING CITY TEAM PRINCIPLE 6 ENGAGED BOYNTON BEACH COMMUNITY 1.Build positive relationships with residents and community partners based upon mutual trust and respect 2. Inform the community (residents and businesses) in a timely, open/transparent and accurate manner using a variety of methods and platforms 3. Develop strong partnerships with community organizations, service clubs and other institutions 4. Develop an effective emergency communication system with residents and businesses 5. Develop City proactive communications mechanisms using a variety of platforms and processes 6. Listen to and strive to understand the input and feedback from the entire community – residents and businesses 7. Strengthen working partnerships with the community to create a welcoming environment for everyone in the City of Boynton Beach →Means 1.Have all City Team-elected officials, appointed officials and departments working together as a highly effective City team – respecting each other’s roles and responsibilities 2. Support creative thinking and innovative actions – a learning City organization 3. Have a City government organizational culture that empowers City employees to make decisions and take actions that further the vision and mission of the City 4. Build and maintain Management and Departmental Teams with common goals, defined roles and responsibilities and organized processes 5. Identify “best practices” and apply them to City government operations 6. Have training and personal/professional development programs for all employees 7. Develop systems and processes for recognizing and rewarding City employees for contributions, achievements and accomplishments 8. Have timely communications for all – everyone has the same information →Means 489 CITY OF BOYNTON BEACH PLAN 2023 – 2028 490 A SAFE, CLEAN AND ATTRACTIVE COMMUNITY SOUND LOCAL ECONOMY CITY OF BOYNTON BEACH GOALS 2028 FINANCIALLY SOUND CITY GOVERNMENT PROVIDING EXCEPTIONAL SERVICES A GREAT PLACE TO LIVE 491 GOAL 1: Financially Sound City Government Providing Exceptional Services OBJECTIVES 1.Provide a high level of core City services responsive to the needs of the entire Boynton Beach community 2.Build and maintain quality City infrastructure, facilities and equipment 3.Focus on and fund core City services and responsibilities 4.Deliver City services in an efficient, cost-effective manner 5.Leverage City resources through increases in grants and community partnerships 6.Build strong financial reserves consistent with City policies and national standards 7.Increase and diversify City revenues to support the defined services and service levels,and major infrastructure projects VALUE TO RESIDENTS 1.Value for tax dollars 2. Responsible financial management by the City 3. City employees enjoy serving the community 4. User-friendly staff and processes 5. Trust and confidence in City government 6. Reliable delivery of core City services and responsibilities 492 SHORT TERM CHALLENGES AND OPPORTUNITIES 1.Resources to secure and manage grants and outside funding 2. Aging City facilities and infrastructure with deferred projects and the need for repairs and replacement 3. Shifting grant strategy to being more project-driven to submit more successful applications 4. Maintaining full staffing for Police and Fire 5. Transitioning to more efficient processes to support the City’s needs 6. Retention and replacement of a top-quality City workforce dedicated to serving the City in a very competitive employment market 7. Increasing operating costs: pension, healthcare, medical supplies, raw materials, fuel/energy, construction 8. Eliminating redundancies and finding synergies to help control cost and mitigate inflationary factors 9. Developing partnerships to address community issues like mental health, homelessness and human services 10. Potential CRA boundary modifications to capture fiscal/tax growth LONG TERM CHALLENGES AND OPPORTUNITIES 1.Actions by the State of Florida impacting City finances, services, and home rule, revenue options 2. Focus on City mission and core services responsibilities 3. Having adequate staff to provide defined City services and implement City programs 4. Engaging City employees 5. Community organizations looking to the City for major funding support 6. Recognizing/identifying/generating additional sources of revenues to offset recurring expenses (i.e., payroll/personnel services cost, technology needs, etc.) 7. Cyber and information security challenges 8. Cessation of County One-penny Sales Surtax for infrastructure →Means →Means 493 POLICY ACTIONS 2023 – 2024 MANAGEMENT ACTIONS 2023 – 2024 1.Comprehensive City Infrastructure Improvement Plan Upgrade: Condition Assessment, Plan Development, Funding Mechanisms and Direction 2. City Branding/Marketing Program Development: Best Practices, Report with Options, Direction, and City Actions 3. Road Resurfacing Program Expansion: Direction and Funding 4. Core City Services: Comprehensive Inventory of All Services, Services Prioritization, Service Level Definition and Integration into Budget FY 25 5. Rate Stabilization Fund: Report with Options, Multi-Year Funding Strategy, Policy Direction and Action Plan – Short Term 6. Resiliency Action Plan: Implementation: Update Report, Direction and City Actions 7. Public Safety Impact Fees: Review and Direction 1.Public Safety Equipment Upgrades: Direction and Funding a. Handheld Fire Rescue Radio Replacement ($800,000) b. Self-Contained Breathing Apparatus Replacement for Fire Rescue ($1M) c. Bullet Proof Vests Replacement for Fire Rescue ($50,000) d. Police Radio Replacements ($1M) 2. TPA Projects Grants: Direction and Application 3. Fire Rescue Service Contracts with Other Cities: Call Volume, Cost of Service, Cost Recovery Options, Report with Recommendations, Direction and Contracts Approval Top Priority Top Priority High Priority High Priority High Priority High Priority Top Priority 494 MANAGEMENT IN PROGRESS 2023 – 2024 1.Building Department Website Upgrade 2. Instant Permits for Sound Proofing 3. Genesys Contact Center Software 4. IAS Accreditation for the Building and Community Standards Divisions 5. Community Rating System Maintenance 6. Sale of Cemetery Lots: Update Sale Policy and Enforcement 7. Web-Based Cemetery Information Management System (Plotbox) 8. Citywide Records Management Training: Completed 9. Expired Rental License/COU Inspection Initiative 10. CARES Program – Reserve Firefighter Program Integration 11. Administrative Policies Update 12. Employment Engagement Program Planning 13. City Internship Program Development: Completed 14. Procedures on Minor Accidents with Minimal Damage Review 15. Rock Solid: Completed 16. Customer Journey Mapping 17. GIS Upgrades 18. Marketing Policies – Logo Use, I-95 Billboard, Video/Photos, Water Tower, Utility Inserts & Copy 19. Updated List of Current/Contacts of Neighborhood Associations MANAGEMENT IN PROGRESS 2023 – 2024 20. Centralized Online Photo & Video Files 21. City Standardization Brand/Marketing Policy and Guidebook 22. Whistleblower Program 23. Internal Controls Review to Reduce Risk 24. Internal Investigations & Accountability Policies and Procedures Review 25. Budget Automation 26. GASB 96 (Software Reporting) Implementation 27. Accounts Payable Automation – Electronic Payment Processing and Purchase Order Automation 28. Citywide Asset Valuation 29. County wide Fire Rescue Operational Policies for Mutual Aid Continuity 30. Gridics/Sages Project Module 31. Gridic PUD Integration 32. Sages Archive (Laserfiche) 33. P&Z/D Department Strategic Plan 34. Development Application Process Improvements 35. Water Master Plan and Feasibility Study 36. Lead and Copper Rule 37. Cybersecurity Project for the Utility 38. AssetWorks Work Order System for Parks Maintenance, Fleet Maintenance, Facilities Management, Streets Maintenance and Capital Projects 39. Datrium Server Replacement: Completed 40. Payroll Process Automation and Improvements 495 MAJOR PROJECTS 2023 – 2024 1.Old Fire Station 2 Logistics and Public Safety Fleet Facility 2. EOC Renovation Design 3. Fire Training Facility Upgrades 4. East Water Treatment Plant Upgrade Projects a. Generator Replacement b. VFD Replacement c. Structural Repairs 5. Lift Station 317 Upgrade Design 6. Lakeside Gardens Stormwater Drainage and Water Main Improvements Project 7. Hester Center Phase One 8. New Fire Station Recall System 9. Water Quality Facility Remodel Design 10. Central Seacrest Utility Improvements (SE 1st Street Stormwater) Project Design 11. Town of Hypoluxo Septic to Sewer Grant Project Design: Completed 12. Lift Station 410 and 414 Connection to Force Main Project Design 13. Lake Shore Haven Canal Bridge Design 14. Water Meter Replacement Project 15. Heart of Boynton Stormwater Improvements Planning/Feasibility MAJOR PROJECTS 2023 – 2024 16. San Castle Neighborhoods Improvements (Utilities and Public Works) Project Design: Completed 17. West Water Treatment Plant Membranes and Train Replacement and Electrical & SCADA Upgrades Design: Completed 18. SE 1st Street – Construction Roadway Improvement Projects 19. SE 36th Ave (Gulfstream Blvd) Road Rehabilitation Project Design 20. Fire Station #5 – Generator & Fuel Tank Replacement 21. Street Paving Projects 22. Public Works Compound Drainage 23. Public Works Compound Canopy ON THE HORIZON 2024 – 2028 1.Fire Station 3: Direction and Funding 2. City Proactive Communication Strategy/Action Plan: Goals/Outcomes, Best Practices, Report with Options, Direction and Funding 3. City Pension: Future Funding 4. City Financial Policies and Processes: Review and Refinement 5. Budget Reduction Plan: Goals, Report with Options and Direction 6. Community-Wide Survey/Feedback Strategy/Action Plan: Goals, Best Practices, Report with Options, Direction and City Actions 7. City Organization Restructure 496 GOAL 2: STRONG LOCAL ECONOMY OBJECTIVES 1.Redevelop the Congress District consistent with vision and master plans 2. Develop Downtown/Cultural District through the completion of five major development projects 3. Have more job opportunities for City residents 4. Have a major university/college/trade school presence in Boynton Beach 5. Expand experienced-based entertainment businesses – restaurants,bars, live performances, etc. 6. Develop modern office space options – office suites, co- workspaces, Class “A”, internet cafes, etc. 7. Develop a vibrant Marina District VALUE TO RESIDENTS 1. Protection of property values 2. Expanded commercial tax base 3. Opportunities to work near home 4. Increase in residential options in mixed use developments 5. More reasons to live in Boynton Beach 6. Greater pride in the Boynton Beach community 497 SHORT TERM CHALLENGES AND OPPORTUNITIES 1.Lack of quality hotels 2. Lack of higher education presence 3. Developing a vision for the future and working with different stakeholders for Boynton Beach Mall area redevelopment 4. Enhancing Boynton Beach’s reputation as “business friendly” 5. Attracting a major corporation 6. Lack of major entertainment venue 7. Defining Boynton Beach’s vision and brand 8. Potential CRA boundary modifications to capture fiscal/tax growth 9. Developing Boynton Beach potential for sports tourism LONG TERM CHALLENGES AND OPPORTUNITIES 1.Lack of quality Class “A” office space 2. Increasing and enhancing economic development programs and strategies 3. Overcoming resistance to change and new development opportunities 4. Lack of co-work space in Boynton Beach 5. Attracting high-tech businesses to Boynton Beach 6. Uncertain global and national economy 7. Post-pandemic business model with employees working remotely 498 POLICY ACTIONS 2023 – 2024 1.Mall Redevelopment Plan: Vision, Working with Property Owners, Master Plan Development, City Role/Developer Role, Direction and City Actions 2. Citywide Economic Development Action Plan: Development and Adoption 3. Downtown Parking Master Plan: Goals/Outcomes, Plan Development, Direction, City Role and Funding Mechanism 4. Waterfront Master Plan/Marina Expansion: Goals/Outcomes, Development and Direction 5. Strategic Annexations: Analysis of Impacts, Report with Options, Direction and Implementation 6. Congress District Redevelopment Plan/ Overlay: Vision, Plan Development, Overlay Establishment, Direction and City Actions MANAGEMENT ACTIONS 2023 – 2024 1. Downtown Projects (5): Next Steps a. Town Square b. Broadstone c. Village at East Ocean d. The Pierce e. One Ocean 2. Comprehensive Plan: Review, Update and Adoption 3. Workforce Housing Policy/Program: Review and Update 4. Indoor Entertainment Regulations: Review and Update 5. EAR Amendments: Completed 6. Minimum Square Foot for Dwelling Unit: Review and Direction Top Priority Top Priority Top Priority High Priority High Priority High Priority Top Priority Top Priority Top Priority High Priority 499 MANAGEMENT IN PROGRESS 2023 – 2024 1.Business Engagement and Outreach 2. Economic Development Marketing Strategy 3. Hi-Rise Fire Requirements Ordinance Revision 4. Downtown Stormwater Modeling Evaluation for Downtown Watershed and Heart of Boynton 5. Inflow and Infiltration Condition Assessment ON THE HORIZON 2024 – 2028 10. King Tide Action Plan Outcomes, Best Practices, Direction and City Actions (including Sea Wall) 11. Office Space Development: Goals/Outcomes, Plan Development, City Role, Direction and City Actions 12. Strategic Land Acquisition: Identify Parcel, Direction and Funding 13. Workforce Development Initiative: Goals, City Role, Report with Options, Direction and City Actions 14. Entertainment Venue (ie. wave pool): Feasibility Study, Direction, City Role and Funding Mechanism 15. Beach Pier: Feasibility Study: Completion, Direction and Funding Mechanism 16. CDBG Funding for Economic Development Initiatives: Direction 17. New Economic Incentive Programs: Report with Options, Direction and Funding 18. Parking Relief Section Approval Process: Review and Direction 19. Establishment of Medical Overlay 20. Establishment of Seacrest Overlay 21. Station Area District Plan: Establishment 22. Establishment of Woolbright Corridor Plan 23. Financial Special District for West Boynton/Congress District; Goals, Legal Options, Direction and City Actions 24. Business Liaison Program Development: Best Practices, Report with Options, Direction and City Actions ON THE HORIZON 2024 – 2028 1.Comprehensive Plan 2. College/University Development: Goals/Outcomes, Direction and City Actions 3. Grocery Store Attraction Strategy: Goal, Direction and City Actions 4. Hotel Strategy: Problem Analysis, Report with Options, Direction and City Actions 5. Land Development Regulations: Review and Revision 6. Downtown Policing Zone, Downtown Policing Unit, and Downtown Policing Initiatives 7. Minority Businesses Enterprise Program 8. Arts District Development: Direction and Next Steps 9. Small Business Grant Program Future: Direction and Funding 500 GOAL 3: A GREAT PLACE TO LIVE OBJECTIVES 1.Have greater ease in mobility within Boynton Beach including East-West connectivity through expanded mobility options 2. Upgrade parks, park venues, and sports fields 3. Work with Palm Beach School District to improve the quality of schools and educational programs – goal: “A” rated schools 4. Develop a new park/major recreation center in west Boynton Beach 5. Develop new quality housing options – single-family homes, condos, townhomes,apartments 6. Becoming a walkable and bike-friendly community VALUE TO RESIDENTS 1.More choices for leisure time within Boynton Beach 2. More housing choices within Boynton Beach 3. Ease of movement within Boynton Beach 4. Convenient accessto parks 5. Greater pride in Boynton Beach 6. Walkable and bikeable community 501 SHORT TERM CHALLENGES AND OPPORTUNITIES 1.Working with Palm Beach School District to have higher rated Boynton Beach schools 2. Becoming a more walkable and bike-friendly community through Complete Streets implementation 3. Lack of downtown area/business support for events similar to surrounding cities 4. Enhancing east-west mobility options for residents 5. Lack of beach parking 6. Working with transportation partners – FDOT and TPA – to increase allocation of resources to Boynton Beach community 7. City cemeteries at capacity 8. Lack of major park/recreational venue in west Boynton Beach 9. Lack of community gathering/event space(s) in west Boynton Beach LONG TERM CHALLENGES AND OPPORTUNITIES 1.Connection with the community as City demographics change 2. Responding to trends in leisure and recreation – arts & cultural programming and events, pickleball, flag football, e-sports, etc. 3. Competition between recreation sports versus amateur professional sports 4. Older and deteriorating homes 5. Conflict between open space and public access and use of greenspaces 6. Expanding Cultural Center’s programming, performances and rentals 7. Lack of capacity for sports tourism 8. Partnering with schools for joint recreational uses 9. Lack of funding for parks 10. Trend: less interest in homeownership – desire for options 11. Community resistance to change 502 POLICY ACTIONS 2023 – 2024 1.Comprehensive Mobility Plan: Goals/ Outcomes, Plan Development, Direction and City Actions, including walking, biking, golf carts, scooters, e-bikes and other mobility options 2. Cemetery Expansion: Report with Options, Direction and Funding Mechanism MANAGEMENT ACTIONS 2023 – 2024 1. Traffic Calming Policy/Project: Review, Direction and Funding 2. Artificial Coral Reef Project: Identify Grant Funding 3. Park/Playground Equipment Inventory and Replacement Schedule: Development and Funding Mechanism Top Priority High Priority 503 MANAGEMENT IN PROGRESS 2023 – 2024 1.Arts and Cultural Center/Library Outside Building Signage 2. Amphitheater Rentals – Revenue Generating Policies 3. Vendor Revenue Structure 4. Community Event Committee 5. “Helping Seniors” Program 6. Golf Course Maintenance Equipment Replacement Construction 7. Ride Share Pilot Project: Evaluation and 8. Wi-Fi Added to Parks 9. Recreation Programs & Events at Neighborhood Parks 10. Ezell Hester Center Airnasium MAJOR PROJECTS 2023 – 2024 1.Woman’s Club Building Maintenance and Upkeep 2. Golf Clubhouse Remodel 3. Golf: Invasive Tree Removal (State Mandate) 4. Water Pump for Golf Course Irrigation Repairs 5. Arts & Cultural Center Auditorium Upgrades 6. Ezell Hester Sports Complex Facility Project 7. Crosswalk at Women’s Club/Senior Center Design 504 ON THE HORIZON 2024-2028 1.Affordable Housing Policy/Strategy/Action Plan: Goals. Legal Framework, Best Practices, Report with Options, City Role and Direction 2. Comprehensive Traffic Management Study/Plan: Assessment, Report with Options and Projects, Direction and Funding Mechanism 3. Stormwater Management and Flooding Reduction Plan: Goals, Plan Development, Project, Funding Mechanism and Direction 4. Senior Center Upgrade: Direction and Funding 5. Boynton Beach Identity and Brand: Definition and Marketing Plan 6. Additional Playground for All Abilities: Direction and Funding 7. Schools Enhancement Strategy: Goals/Outcomes, Key Issues, Collaboration with County Schools, Direction and City Action 8. Homeless Strategy/Action Plan: Goals/Outcomes, Best Practices, Report with Options, Direction, City Role/Partners and City Actions 9. Parks Bond Program: Report with Options, Direction and City Actions 10. Traffic Signal Synchronization Plan: Goals/Outcomes, Best Practices, Report with Options, Direction and City Actions 11. Pickleball Court Expansion: Direction and Funding 12. Speed Limits with Palm Beach County: Review, Report and Direction 13. Federal Highway Bike Lanes; Direction and City Actions 14. PAL Program Expansion: Next Steps 15. Boynton Beach Prominent Citizens Recognition and Contributions: Goals/Outcomes, Best Practices, Report with Options, Direction and City Actions 16. Park Maintenance Enhancement: Service Level, Staffing and Funding 17. Home Upgrade/Maintenance/Modernization Program: Goals/Outcomes, Best Practices, Report with Options, Direction and Funding 18. Additional Kayak Ramps: Direction and Funding 19. Little League Privacy Wall Project 505 GOAL 4: A SAFE, CLEAN AND ATTRACTIVE COMMUNITY OBJECTIVES 1.Have residents feeling safe at any location within Boynton Beach 2. Have welcoming and distinctive entrances to Boynton Beach – “positive first impression” 3. Have a low crime rate 4. Have a clean community – no trash, litter or garbage 5. Have attractive public and private medians, streetscapes and landscaping VALUE TO RESIDENTS 1.Feeling safe anywhere within the City of Boynton Beach 2. Protection of property values 3. Greater pride in the City of Boynton Beach 4. Timely and appropriate responses to emergency calls for service 5. Feeling of “home” when in Boynton Beach 6. Trust in the Police Department 506 SHORT TERM CHALLENGES AND OPPORTUNITIES 1.Increasing the attractiveness of entrances to Boynton Beach – I-95, Federal Highway, and other locations 2. Massive reductions and shortages of people entering and choosing careers in Police and Fire 3. Implementation of Real Time Crime Center 4. Enhancing street lights to reduce dark areas in the City 5. Fire Station 3 re-build or replacement 6. Involving residents and dedicating City funding to community cleanup and trash removal 7. Increasing use of technology to create a safer community – LPRs, community cameras, drones, speed bumps, etc. 8. Increasing criminal activity and violent crimes from residents and outside forces LONG TERM CHALLENGES AND OPPORTUNITIES 1.Community culture of throwing trash and littering 2. Expanding PAL programs 3. Addressing homelessness and minimizing negative impacts on the community 4. Lack of mental health programs and services responsive to the needs of the community 5. Having residents and businesses understand and share responsibility to create a safe and attractive City 6. Enhance education and support for enforcing City codes and regulations 7. Having safe buildings and homes 8. Increasing costs and production delays for goods and services 9. Effective prosecution of criminals 507 POLICY ACTIONS 2023 – 2024 1.Crime Reduction Action Plan: Problem Analysis, Report with Options and Action Plan 2. Entrance Signs/Beautification Plan: Goals/ Outcomes, Design, Locations, Direction and Funding Mechanism 3. Major Corridor Beautification Plan: Goals/Outcomes, Report with Options, Direction and City Actions 4. Street Lights Replacement Program: Direction and City Actions 5. Community Cleanup Program: Goals/ Outcomes, Design, Locations, Direction and Funding MANAGEMENT ACTIONS 2023 – 2024 1.Traffic Calming Policy/Project: Review, Direction and Funding 2. Artificial Coral Reef Project: Identify Grant Funding 3. Park/Playground Equipment Inventory and Replacement Schedule: Development and Funding Mechanism Top Priority High Priority Top Priority High Priority High Priority 508 MANAGEMENT IN PROGRESS 2023 – 2024 1.Lien Amnesty Program 2. Development Process and Community Standards Education Program 3. ISO Rating Review 4. New Police Records Management System 5. Crisis Intervention Team Trained and Certified 6. Active Drone Pilots on Every Shift 7. Establish Emergency Field Force Unit 8. Public Artworks: Engagement and Participation 9. Unity Project 10. Schoolhouse Children’s Museum Exterior Painting 11. Schoolhouse Children’s Museum Structural Repairs Design ON THE HORIZON 2024 – 2028 1.Radio Tower Replacement 2. Community Policing Action Plan: Goals/Outcomes, Best Practices, Report with Options, Direction, Funding and City Actions 3. Undergrounding Utilities: Goals, Plan, Funding Mechanism and Direction 4. Community Cameras: Outcomes, Direction and Funding 5. Juvenile Crime Reduction Program: Goals/Outcomes, Best Practices, Direction and City Actions 6. Clean Sidewalk Program: Best Practices, Report with Option, Direction and City Actions 7. U.S. 1 Lighting Plan: Report with Options, Direction, Funding and City Actions 8. Neighborhood/HOA Accountability Plan: Goals, Legal Options, Report, Direction and City Actions 9. Community Planting Program: Goals, Best Practices, Report with Option, City Role, Direction and Funding 10. Neighborhood Beautification Program: Goals/Outcomes, Best Practices, Report with Options, Direction and Funding 11. Pioneer Canal Park Boat Ramp 12. West Ocean Avenue Streetscape/Lighting: Completion 13. East Ocean Avenue & 6th Street Pedestrian Crosswalk 14. Boynton Beach Complete Streets MAJOR PROJECTS 2023 – 2024 1.Public Safety Dock Project at Oyer Park 2. Eco-Park 509 April 5th,2024 Ref:Letter for Sole Source To Whom it may Concern, PlotBox confirms our solution is a sole source product,developed and sold only by PlotBox Inc (and its subsidiaries)and is not available to purchase through 3rd parties or resellers of any kind. To our knowledge no other company offers the same functional or non-functional solution. All of our technology is proprietary and designed and developed exclusively for the management of cemeteries,crematories and funeral homes by our own in-house team. All of the intellectual property rights from any such development is wholly owned by PlotBox.We do not build on top of other customizable applications which are available to clients elsewhere. If any further information is required,please don’t hesitate to contact me. Sincerely, Sean McAllister CEO DocuSign Envelope ID: 9CF821F8-3261-4E31-8517-C26086C5C041 105510